City of Iola Iola Municipal Code November 28, 2017 IOLA CITY CODE

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1 IOLA CITY CODE Table of Contents Chapter 1 - GENERAL PROVISIONS... 1 Chapter 2 - ADMINISTRATION Chapter 6 - ALCOHOLIC BEVERAGES Chapter 10 - ANIMALS Chapter 14 - BUILDING AND CONSTRUCTION REGULATIONS Chapter 18 - BUSINESSES Chapter 22 - CEMETERIES Chapter 26 - COURTS Chapter 30 - ELECTIONS Chapter 34 - FEES Chapter 38 - FIRE PREVENTION AND PROTECTION Chapter 46 - HEALTH AND SANITATION Chapter 50 - LIBRARY Chapter 58 - NATURAL RESOURCES Chapter 62 - OFFENSES AND MISCELLANEOUS PROVISIONS Chapter 66 - PARKS AND RECREATION Chapter 74 - SOLID WASTE Chapter 78 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Chapter 86 - TAXATION Chapter 90 - TRAFFIC AND VEHICLES Chapter 94 - UTILITIES Chapter 98 - VEGETATION Chapter VEHICLES FOR HIRE Chapter UNIFIED DEVELOPMENT CODE APPENDIX A - CHARTER ORDINANCES Chapter 1 - GENERAL PROVISIONS Sec Designation and citation of Code. The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Iola City Code," and may be so cited. Such Code may also be cited as the "Iola, Kansas Code." Page 1

2 (Code 1988, 1-101) Sec Rules of construction and definitions. In the construction of this Code, and of all ordinances and resolutions passed by the governing body, the following rules shall be observed and the following definitions shall apply, unless such construction would be inconsistent with the manifest intent of the governing body. Generally. 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 in their common and usual significance unless the contrary is clearly indicated. City. The word "city" shall mean the City of Iola, Allen County, Kansas. City officers and departments. References to officers or departments are to officers or departments of the city. Code. The word "Code" means the Iola City Code as designated in section 1-1. 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. If the last day is a Sunday or legal holiday, that day shall be excluded. County. The word "county" shall mean Allen County, Kansas. Gender. Words of one gender include all other genders. Governing body. The term "governing body" shall mean the mayor and city council members charged with governing the affairs of the city. Highway. The word "highway" shall include any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass and causeway in the city, dedicated or devoted to public use. In the city. The phrase "in the city" means any territory within the corporate limits of the city and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by law. 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 abbreviation "K.S.A." means the Kansas Statutes Annotated, as amended. May. The word "may" is to be construed as being permissive and not 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. Owner. The word "owner" as 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. Page 2

3 Person. The word "person" shall include any firm, copartnership or corporation, and the plural as well as the singular, and such term shall be construed to include the United States, the State of Kansas or any other municipal, public or private corporation which may lawfully own any property within the city as well as individuals. Preceding, following. The words "preceding" and "following" mean next before and next after, respectively. Property. The word "property" means real, personal and mixed property. Real property. The term "real property" includes lands, tenements and hereditaments. Roadway. The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic. Shall. The word "shall" is to be construed as being mandatory and not permissive. 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 word "state" shall be construed to mean the State of Kansas. Street. The word "street" 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. Tenant, occupant. The word "tenant" or "occupant," as applied to a building or land, means any person who occupies the whole or part of such building or land, whether alone or with others. Tense. Words used in the past or present tense include the future as well as the past and present. Written or in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. Year. The word "year" shall mean a calendar year. (Code 1988, 1-102) Cross reference Definitions generally, 1-2. Sec Catchlines of sections, effect of history notes, and references in Code. (a) The catchlines of the several sections of this Code, printed in boldface type, are intended as mere catchwords 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 such sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (b) The history or source notes appearing in parentheses 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. Cross references and state law references which appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect. (c) All references to chapters, articles or sections are to the chapters, articles and sections of this Code, unless otherwise specified. (Code 1988, 1-103, 1-104) Sec Effect of repeals. Page 3

4 (a) The repeal of an ordinance does not revive any previously repealed ordinance. (b) The repeal of an ordinance does not affect any punishment or penalty incurred before the repeal took effect or any suit, prosecution or proceeding pending when the repeal took effect. Sec Amendments or additions to Code. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any section such repealed section may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the governing body. (b) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "Section of Iola City Code is hereby amended to read as follows:." The new provisions shall then be set out in full as desired. (c) If a new section not heretofore existing in the Code is to be added, the following language should be used: "The Iola City Code is hereby amended by adding a section, to be numbered, which section reads as follows:." The new section shall then be set out in full as desired. (Code 1988, 1-105) Sec Supplementation of Code Generally. (a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the governing body. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted 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 the 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, agency or organization 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 chapter," "this article," "this division," etc., as the case may be, or to "sections to " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and Page 4

5 (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. Sec Same Exclusion of special or temporary ordinances. Ordinances hereafter adopted which are not of a general or permanent nature shall be numbered consecutively, authenticated, published, and recorded in the book of ordinances, but such ordinances shall not be prepared for insertion in this Code, nor be deemed a part hereof. Sec Corporate limits described. (a) The territorial limits and boundaries of the City of Iola, Kansas are hereby defined as follows: Beginning at a point 25 feet West and 10 feet South of the Southwest (SW) corner of the Northeast (NE ¼) Quarter Section 22 Township 24 South Range 18 East, Thence North 1,330 feet along the west R-O-W line of Marshmallow Lane, Thence East 2730 feet to a point intersecting with east R-O- W line of State Street, Thence North 1,400 feet along east R-O-W line of State Street to a point intersecting the north R-O-W line of Oregon Road, Thence in an Easterly direction following the north R-O-W line of Oregon Road to a point intersecting east R-O-W line of Kentucky Street (1600th Street), Thence in a Southerly direction following the east R-O-W line of Kentucky Street (1600th Street) to a point intersecting the south R-O-W line of North Dakota Road, Thence East 635 feet to the NE (Northeast) corner of lot 16 Sterling Heights Addition, Thence South 640 feet to a point intersecting the SE (Southeast) corner of lot 13 Sterling Heights Addition, Thence East 982 feet to the NE (Northeast) corner of lot 41 Sterling Heights Addition, Thence South 1,965 feet to a point intersecting with the North R-O-W line of Carpenter Street, Thence East 1,000 feet along North R-O-W line of Carpenter Street to a point intersecting east R-O-W line of Truman Drive, Thence South 690 feet along East R-O-W line of Truman Drive, Thence East 460 feet to a point intersecting U.S. 169 Highway R- O-W, Thence Southwesterly 1,080 feet along U.S. 169 Highway R-O-W, Thence Southwesterly 860 feet along U.S. 169 Highway R-O-W to a point intersecting U.S. 54 Highway R-O-W, Thence Southeasterly 155 feet to a point intersecting U.S. Highway 54 and U.S. Highway 169 R-O-W, Thence South 150 feet, Thence West 55 feet to the NE (Northeast) corner of lot 13 Lincoln Park Addition, Thence South 200 feet to SE (Southeast) corner of lot 16 Lincoln Park Addition, Thence West 136 feet, Thence South 15 feet, Thence West 670 feet to a point intersecting vacated Eleventh Street R- O-W, Thence South 920 feet to a point intersecting the SE (Southeast) corner of Eleventh Street and Neosho Street R-O-W, Thence West 315 feet to the east R-O-W line of Tenth Street, Thence South 470 feet along the east R-O-W line of Tenth Street, Thence West 1,660 feet to a point intersecting the C/L of Kentucky Street, Thence South 830 feet, Thence West 1,310 feet to a point intersecting the west R-O-W line of First Street, Thence North 310 feet, Thence West 1,004.5 feet, Thence South 290 feet, Thence West to a point intersection the NW (northwest) corner of the SE ¼ (southeast quarter) of Section 35, Township 24, Range 18, Thence Southerly along the West Section line to a point intersecting the North high bank of Elm Creek, Thence Northeasterly along the north high bank of Elm Creek to a point intersecting the North section line of the Southeast Quarter of Section 35, Township 24, Range 18,Thence East along said section line to a point intersecting the center line of Elm Creek, Thence South along an extend line south from the intersection of said section line and the center line of Elm Creek to a point intersecting the south line of the Abandoned Missouri Pacific Railroad Right- Of-Way, Thence in a Northeasterly direction along said south right-of-way line of Abandoned Missouri Pacific Railroad to a point 10 feet East of the east high bank of Elm Creek, Thence in a Southeasterly direction along a line 10 feet East of the east high bank of Elm Creek to a point intersecting the East section line of Section 35, Range 18, Township 24, Thence South along said section line to the Southeast corner of Section 35, Range 18, Township 24, Thence East along the north section line of Section 01, Range 18, Township 25 to a point intersecting the west right-of-way line of 1650th Street extend north, Thence South along the west right-of-way line of 1650th Street to a point intersecting the Northeast corner of Lot 8 in Funk's Second Subdivision, Thence West feet, Thence South 454 feet, Thence East to a point intersecting the West right-of-way line of 1650th Street, Thence in a Southerly direction along the west right-of-way line of 1650th Street to a point intersecting the north right-of-way line of Montana Road, Thence West along the north right-of-way line of Montana Road to Page 5

6 a point 632 feet east and 60 feet north of the southwest corner of the Northeast Quarter of Section 02, Range 18, Township 25, thence North 194 feet, thence Northwesterly to a point 380 feet West and 510 feet North of the southwest corner of the Northwest Quarter of Section 02, Range 18, Township 25, thence West 370 feet, Thence South 320 feet to the north right-of-way line of Montana Road, Thence West 170 feet to the west section line of the Northeast Quarter of Section 02, Range 18, Township 25, Thence South 60 feet to a point intersecting the south right-of-way line of Montana Road, Thence West 2,545 feet to the east right-of-way line of State Street, Thence Northerly along State Street R-O-W to a point 40 feet East and 640 feet North of Southwest corner of the Northwest Quarter of Section 02, Thence East 265 feet, Thence North feet to a point intersecting the abandoned A.T.&S.F. Railroad Spur R-O-W, Thence Northeasterly 1,107 feet along said A.T.&.S.F. Railroad Spur R-O-W to a point intersecting the SW (Southwest) corner of Ryan Street R-O-W, Thence Northerly 300 feet along Ryan Street R-O-W to a point intersecting the west R-O-W line of Washington Avenue, Thence Northerly 265 feet along west R-O-W line of Washington Avenue to a point 460 feet South and 1,038 feet East of the Northwest corner of the Northwest Quarter of Section 02, Thence North 1,730 feet along West R-O-W line of Washington Avenue, Thence West 495 feet, Thence North 346 feet, Thence West 145 feet, Thence North 910 feet, Thence West feet to a point intersecting the east R-O-W line of State Street, Thence North 160 feet along the east R-O-W line of State Street, Thence West to a point intersecting Section line, Thence North 438 feet, Thence West 445 feet to a point intersecting the east R-O-W line of Abandoned S.K.&O. Railroad, Thence South 438 feet along the east R-O-W line of Abandoned S.K.&O. Railroad, Thence West 100 feet to the west R-O-W line of Abandoned S.K.&O. Railroad, Thence South 590 feet along the west R-O-W line of Abandoned S.K.&O. Railroad, Thence West 1,965 feet to a point intersecting with the C/L (centerline) of the Neosho River, Thence in a Northerly direction following the C/L (centerline) of the Neosho River to a point intersecting the West Section line of the Northeast Quarter of Section 34, Township 24, Range 18, Thence North 280 feet to a point intersecting with the south R-O-W line of Bruner Street, Thence East 1,040 feet to a point intersecting the SW (Southwest) corner of Park Street & Bruner Street R-O- W, Thence North 816 feet, Thence East 150 feet, Thence North 50 feet to a point intersecting the C/L (centerline) of Coon Creek, Thence Northerly along C/L (centerline) of Coon Creek to a point intersecting the south R-O-W line of West Street, Thence East 550 feet, Thence North 66 feet to a point intersecting with the North R-O-W line of West Street, Thence West 150 feet along north R-O-W line of West Street, Thence North feet, Thence East 150 feet, Thence North feet, Thence East 50 feet, Thence North 100' to a point intersecting the north R-O-W line of Abandoned Missouri Pacific Railroad R-O-W, Thence West along the north R-O-W line of Abandoned Missouri Pacific Railroad R-O-W to the southwest corner of Lot 1 of I.M.P. Addition to Iola, Thence North 937' along the west lot line of said Lot 1 of I.M.P Addition to a point intersecting the south R-O-W line of West Lincoln Road, Thence east along the south R-O-W line of West Lincoln Road to the northwest corner of Lot 2 of I.M.P. Addition to Iola, Thence North 30 feet to a point intersecting the C/L (centerline) of West Lincoln Road, Thence West 910 feet along the C/L (centerline) of West Lincoln Road, Thence North 1,743 feet to the NW (northwest) corner of lot 5 Iola Industrial Tract #1, Thence East feet, Thence North 1,300 feet to a point intersecting the south R-O-W line of Patterson Avenue, Thence Westerly along the South R-O-W line of Patterson Avenue to a point intersecting the West right-ofway line of Marshmallow Lane, Thence West 1280 feet along the South section line of Section 22, Township 24, Range 18, Thence North 2,640 feet, Thence East 1,320 feet to the Point of Beginning. (b) The following tract (Iola Cemetery) is also included within the city limit of Iola, Kansas: Beginning at a point 911 feet East & 33 feet North of the SE (Southeast) corner of the SE ¼ (Southeast ¼) of Section 27, Township 24, Range 18, Thence 388 feet North, Thence 94 feet East, Thence 905 feet North, Thence 467 feet East, Thence 1,290 feet South, Thence West to the Point of Beginning. (c) The following tract (City of Bassett) is not included with the city limits of Iola, Kansas: Beginning at a point 980 feet West & 550 feet North to the NE (Northeast) corner of the SW ¼ (Southwest ¼) of Section 35, Thence North 350 feet to the NE (Northeast) corner of Wheeler Street R-O-W, Thence West 170 feet, Thence South 50 feet, Thence West 135 feet, Thence South 150 feet, Thence East 135 feet to a point intersecting with the NW (Northwest) corner of Clinker Street R-O-W, Thence South 150 feet, Thence 170 feet East to the Point of Beginning. Page 6

7 (d) The following tract in the SE ¼ (Southeast Quarter) of Section 22, is not included with the City of Iola, Kansas: Beginning at a point feet West and 25 feet North of the SE (Southeast) corner of the SE ¼ (Southeast Quarter) of Section 22, Thence North 420 feet, Thence West feet, Thence North 275 feet, Thence West 2 feet, Thence North 1,082 feet, Thence West 151 feet to the southwest corner of Lot 1 of Patterson Retail Plaza Addition to Iola, Thence Northerly along said west lot line of Lot 1 of Patterson Retail Plaza Addition to Iola to a point intersecting the south R-O-W line of Miller Road, Thence West 340 feet along the south R-O-W line of Miller Road to a point 55 feet South and 1,330 feet West of the northeast corner of the Southeast Quarter of Section 22, Thence South 2,610 feet to a point intersecting with the north R-O-W line of Patterson Avenue, Thence East 40 feet along north R-O-W line of Patterson Avenue, Thence North feet, Thence East feet, Thence South feet to a point intersecting the north R-O-W line of Patterson Avenue, Thence East 430 feet to the point of beginning. (e) The following tract in the SW ¼ (Southwest Quarter) of Section 35, is not included with the City of Iola, Kansas: (f) Beginning at the Southwest corner of Lot 5, Block 2, Napier's Addition to the City of Iola, Thence East to the Southeast corner of the Jefferson Avenue road right-of-way, Thence North feet, Thence East feet, Thence South 5 feet, Thence East to the West right-of-way line of South Buckeye Street, Thence South along the West right-of-way line of South Buckeye Street to a point 140 feet West of the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence in a Southwesterly direction to a point 222 feet West of the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence Southeasterly to a point 125 feet West of the East section line of said Southwest Quarter (SW ¼) of Section 35 to a point intersecting the centerline of Elm Creek, Thence in a Westerly direction along the centerline of Elm Creek to a point intersecting the West line of Lot 5, Block 2, Napier's Addition extended South, Thence North to the point of beginning. The following tract in the SW ¼ (Southwest Quarter) of Section 35, is not included with the City of Iola, Kansas: Beginning at the point of intersection of the North right-of-way line of Portland Street and the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence West 480 feet along the North right-of-way line of Portland Street, Thence North feet, Thence West 17.2 feet, Thence North 97.5 feet, Thence West 20 feet, Thence Northwesterly to a point feet West of the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence West feet, Thence North approximately 520 feet to a point intersecting the South right-of-way line of vacated Missouri Pacific Railroad Spur, Thence in an Easterly direction along the South right-of-way line of vacated Missouri Pacific Railroad Spur to a point 30 feet East of the East section line of said Southwest Quarter (SW ¼) of Section 35, Thence in a Southwesterly direction to a point 800 feet North of the point of beginning, Thence South to the point of beginning. (Ord. No. 3197, 1, ; Ord. No. 3212, 1, ; Ord. No. 3230, 1, ; Ord. No. 3281, 1, ; Ord. No. 3299, 1, ; Ord. No. 3428, 1, ; Ord. No. 3430, 1, ) Sec Penalty for violations. (a) In this Code "violation of this Code" means: (1) Doing an act that is prohibited or made or declared unlawful, a violation, an offense, or a misdemeanor as provided by ordinance or by rule or regulation; (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or (3) Failure to perform an act if the failure is declared a misdemeanor, a violation, or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance. Page 7

8 (b) In this Code "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section. (c) For the purpose of sentencing, unless otherwise specified in this Code, the following classes of violations of this Code and the punishment and terms of confinement authorized for each class are established: (1) Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year; (2) Class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months; (3) Class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month; and (4) Unclassified violations, which shall include all offenses declared to be violations without specification as to class, the sentence for which shall be in accordance with the sentence specified in the section that defines the offense; if no penalty is provided, the sentence shall be the same penalty as provided herein for a class C violation or class C offense. (d) In addition to or in lieu of any other sentence authorized, whenever there is evidence that the act constituting the violation was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the administrative judge of the 31st judicial district of the state or licensed by the state secretary of social and rehabilitation services. (e) A person convicted of a violation of this Code may, in addition to, or instead of, the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court, unless otherwise specified in this Code, as follows: (f) (1) Class A violation, a sum not exceeding $2, (2) Class B violation, a sum not exceeding $1, (3) Class C violation, a sum not exceeding $ (4) Unclassified violation, any sum authorized by the section that defines the offense. If no penalty is provided for same, the fine shall not exceed the fine provided herein for a class C violation or class C offense. The judge of the municipal court may grant probation or suspended sentence upon a conviction for violation of this Code. As a condition of probation or suspended sentence, the judge of the municipal court shall have the authority to order a person to reimburse the city for all or part of the expenditures by the city to provide counsel or other defense services to the person. In determining the amount or method of payment of such sum, the judge of the municipal court that shall take account of the financial resources of the person and the nature of the burden of payment of such sum will impose. A person who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court to waive payment of such sum or any unpaid portion thereof. If it appears to the satisfaction of the judge of the municipal court that the payment of the amount due will impose manifest hardship on the person or the person's immediate family, the judge of the municipal court may waive payment of all or part of the amount due or modify the method of payment. (g) The judge of the municipal court, in addition to, or in lieu of any of the penalties or dispositions described in this section, may order a person to pay restitution, which shall include, but not be limited to, damage or loss caused by the person's conduct, resulting in damage, personal injury, or loss to another person, unless the judge of the municipal court finds compelling circumstances which would render a plan of restitution unworkable. If the judge of the municipal court finds a plan of restitution unworkable, the judge of the municipal court shall state the reasons therefor, on the written docket of the municipal court. Page 8

9 (h) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise. (i) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief. (Code 1988, 1-111, 1-112) Sec Ordinances not affected by adoption of Code. Nothing in this Code or the ordinance adopting this Code shall affect any of the following: (1) Any ordinance promising or guaranteeing the payment of money by or for the city, or authorizing the issuance of any bonds, notes or other evidence of the city's indebtedness, or the cancellation of such indebtedness. (2) Any contract or obligation assumed by the city. (3) Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use. (4) Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rightsof-way. (5) Any ordinance approving, amending or vacating any plat. (6) Any ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other public way. (7) Any ordinance authorizing, directing or otherwise relating to any public improvement. (8) Any ordinance creating sewer districts or districts for public improvements of any kind or nature. (9) Any ordinance changing the limits of the city or pertaining to consolidations, annexations or exclusions of territory from the city. (10) Any appropriation ordinance or ordinance relating to a specific transfer of funds. (11) Any ordinance levying general or special taxes or special assessments not found in this Code. (12) Any ordinance granting pensions to retired officers and employees. (13) Any ordinance granting any right, privilege, easement or franchise to any person or pertaining to cable television. (14) Any ordinance changing the zoning classification of any property within the city or amending the city's zoning map. (15) All charter ordinances. (16) Any ordinance prescribing the number, classification, benefits or compensation of any city officers or city employees. (17) Any ordinance requiring or providing for the cutting of weeds. (18) Any ordinance which is temporary, although general in effect. (19) Any ordinance which is special, although permanent in effect. (20) Any ordinance the purpose of which has been accomplished. Sec Continuation of existing ordinances. The provisions of this Code, so far as they are the same as ordinances existing at the time of adoption of this Code, shall be considered as a continuation thereof and not as new enactments. Page 9

10 Sec Prior acts, obligations or uses unaffected. (a) Nothing in this Code or the ordinance adopting this Code affects 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. (b) The adoption of this Code does not authorize or permit any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this Code. Sec Severability of parts of Code. It is hereby declared to be the intention of the governing body that the sections, paragraphs, sentences, clauses and phrases of this Code are severable and, if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the governing body without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section. (Code 1988, 1-113) Chapter 2 - ADMINISTRATION FOOTNOTE(S): --- (1) --- Cross reference Administration and enforcement of animal regulations, et seq.; administration and enforcement of electrical code, et seq.; administration and enforcement of plumbing Code, et seq.; administration and enforcement of gas code, et seq.; administration of city cemeteries, 22-31; courts, ch. 26; elections, ch. 30; fees generally, ch. 34; administrative fees, et seq.; fire department, et seq.; library, ch. 50; taxation, ch. 86; administration and enforcement of traffic regulations, et seq.; utilities, ch. 94; tree board, et seq. State Law reference Cities and municipalities, K.S.A et seq.; second class cities, K.S.A et seq. ARTICLE I. - IN GENERAL Secs Reserved. ARTICLE II. - GOVERNING BODY FOOTNOTE(S): --- (2) --- Cross reference Elections, ch. 30. Sec Meetings. Page 10

11 (a) Regular meetings of the governing body shall be held on the second and fourth Mondays of each month at 6:00 p.m. in the Riverside Park Community Building, 510 Park Avenue, or at such other place as deemed appropriate by the council. When such meeting day shall be on a legal holiday (or any other day observed as a holiday by city officers), the governing body may fix any succeeding day as a regular meeting day. (b) Special meetings may be called by the mayor or acting mayor on the written request of any three members of the council, specifying the object and purpose of the meeting and entered at length in the journal. (K.S.A ) (Code 1988, 1-108; Ord. No. 3390, 1, ; Ord. No. 3391, 1, ; Ord. No. 3394, 1, ) Sec Emergency government. (a) In the event of a catastrophe in which a majority of the members of the governing body are fatally injured or incapacitated, an interim governing body shall be composed of the surviving member, the city clerk and the city attorney. If all members of the governing body are fatally injured, the governing body would be composed of the city clerk, the city attorney and the city administrator. (b) Nonelected members of the interim governing body shall continue to hold office until a successor is appointed or elected and qualified as provided by law, or the lawful incumbent is able to assume and discharge the duties of office. (Code 1988, 1-207) State Law reference Authority to provide for emergency interim successors, K.S.A Secs Reserved. ARTICLE III. - OFFICERS AND EMPLOYEES FOOTNOTE(S): --- (3) --- Cross reference Any ordinance granting pensions to retired officers and employees saved from repeal, 1-10(12); any ordinance prescribing the number, classification, benefits or compensation of any city officers or city employees saved from repeal, 1-10(16). Sec Term of offices. At the first regular meeting in September 1991, the governing body shall appoint, by majority vote of all members, the following city officers: city administrator, city clerk, city treasurer, city attorney, municipal judge, police chief and the fire chief. The term of the city administrator shall be for a two-year period commencing on October 1. Subsequent appointments shall take place in odd-numbered years. The city administrator shall serve in that capacity until a successor is appointed and qualified. The terms of the city attorney, city clerk, city treasurer, municipal judge, police chief and fire chief shall be for one year commencing on October 1, Subsequent reappointments shall be for a period of two years and shall take place October 1 of even-numbered years. All officers, assistants and employees, other than those above-named, shall hold their positions at the pleasure of the governing body and may be suspended or discharged at any time. The officers specifically named in this section may be removed by the governing Page 11

12 body for cause at any time. In case of a vacancy, an appointment shall be made to fill such vacancy, and such appointee shall serve for the remainder of the term for which such appointee's predecessor was appointed. (Ord. No. 3097, 1, ) State Law reference Appointed officers, K.S.A Sec Oath of office. The mayor, city council and all officers, before entering upon the duties of their respective offices, shall take and subscribe an oath or affirmation as follows: "I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States and the Constitution of the State of Kansas, and faithfully discharge the duties of. So help me God." (Code 1988, 1-401) State Law reference Authority to require oath, K.S.A ; form of oath, K.S.A Sec Nature of employer-employee relationship. The nature of the employment relationship between the city and each employee is an "at will" relationship. Either the employee or the city may terminate the employment relationship "at will." Nothing in this Code shall be construed to alter or modify this relationship. (Ord. No. 3122, 1, ) Sec Personnel manual to be adopted. The governing body shall adopt by resolution a personnel manual which shall incorporate policies, rules and regulations which shall govern the conduct of employees of the city. (Ord. No. 3122, 4, ) Sec City administrator. (a) The office of city administrator is hereby established. (b) The duties of the city administrator shall be as provided in the job description for such position. (c) The salary of the city administrator shall be fixed or adjusted by the governing body, and shall be payable semimonthly. (Code 1988, 1-302; Ord. No. 3097, 2, ) Sec City attorney. (a) The city attorney shall have the duties provided in the job description for such position. (c) The city attorney shall not be considered as counsel for the city planning commission, board of zoning appeals or library board, but shall advise the governing body of the city in all matters coming to it from Page 12

13 such bodies and appear as directed by the city governing body at hearings or special meetings resulting from actions of such bodies. (Code 1988, ; Ord. 3454, ) Sec Special counsel. The governing body is authorized to employ or contract with other counsel to represent the city in cases involving conflict of interest or services above specifically excluded from the duties of the city attorney. The governing body also is authorized to employ additional counsel to assist the city attorney in any matters wherein such governing body deems such assistance appropriate and advisable, and to pay reasonable fees and expenses in connection therewith. (Code 1988, 1-306) Sec City clerk. The duties of the city clerk shall be as provided in the job description for such position. (Code 1988, 1-307) Sec Chief of police. The duties of the chief of police shall be as provided in the job description for such position. (Code 1988, 1-308) Sec City treasurer. The duties of the city treasurer shall be as provided in the job description for such position. (Code 1988, 1-309) Sec Municipal judge. The duties of the municipal judge shall be as provided in the job description for such position and/or state law. (Code 1988, 1-310) State Law reference Municipal judge generally, K.S.A et seq. Sec Fire chief. The duties of the fire chief shall be as are provided in the job description for such position. (Code 1988, 1-311) Secs Reserved. Page 13

14 ARTICLE IV. - FINANCE FOOTNOTE(S): --- (4) --- Cross reference Any ordinance promising or guaranteeing the payment of money by or for the city, or authorizing the issuance of any bonds, notes or other evidence of the city's indebtedness, or the cancellation of such indebtedness saved from repeal, 1-10(1); any contract or obligation assumed by the city saved from repeal, 1-10(2); any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use saved from repeal, 1-10(3); any appropriation ordinance or ordinance relating to a specific transfer of funds saved from repeal, 1-10(10); any ordinance levying general or special taxes or special assessments not found in this Code saved from repeal, 1-10(11); fees, ch. 34; taxation, ch. 86. Sec Receiving money belonging to city; payment; record. All officers and employees and other persons receiving money belonging to the city shall promptly pay the same over to the city clerk, who shall give a receipt therefor, keeping a duplicate of such receipt on file. (Code 1988, 1-313) Sec Proper expenditures from industrial fund; enumeration. It is hereby declared to be the policy of the governing body of the city that the following items are proper expenditures from the moneys of the industrial fund of the city: (1) The purchase of capital stock of any corporation having as its principal purpose the securing of industrial or manufacturing concerns for the city and its environs. (2) Membership in any for profit or nonprofit certified development corporation. (3) The necessary expenses, transportation charges and telephone calls connected with industrial promotion in such sums as may from time to time be approved by the governing body of the city. (4) The expense of extending sewer and utilities to serve areas in the city and its environs where industries or manufacturing concerns can reasonably be expected to locate and hereby become users of such sewers and utilities. (5) The expense of labor and materials necessary to place a building in which the city has a financial interest in such condition that the rental or other income to the city resulting from leasing such buildings to industries or manufacturing concerns can reasonably be expected to reimburse the city for such expenditure. (6) Such other purposes as the governing body of the city may from time to time deem to be proper. (Ord. No. 3052, 1, ; Ord. 3454, ) Sec removed (Ord. No. 3122, 2, ; Ord 3454, ) Sec Employee insurance fund. Page 14

15 The city, in accordance with the provisions of K.S.A ,102, does hereby establish an employee health insurance fund for the purpose of paying the city's share of employee medical insurance and health care costs. (Ord. No. 3122, 3, ; Ord. 3454, ) Sec Municipal equipment reserve fund. (a) In accordance with the provisions of K.S.A. 12-1,117, there is hereby established a municipal equipment reserve fund, which shall be used by the city to finance acquisition of equipment necessary for all functions and services of the city. For the purpose of this section, the word "equipment" shall mean vehicles and other equipment which has an estimated future purchase or replacement cost in excess of $5, and a life expectancy of not less than two years. (b) It is the policy objective of the governing body that such equipment reserve fund shall be used as a financing mechanism to secure the planned and orderly acquisition and replacement of equipment necessary for the efficient and effective operation of the city. It is the further intent of the governing body to annually approve in the future the budgeting of current revenues sufficient to finance the acquisition of new equipment needed in the following year, and to finance needed future replacements and acquisitions by setting aside a reserve amount. It is the planned intent of the governing body that the amount annually reserved shall not be less than the average annual use value of existing city equipment covered by the reserve fund. (c) The city administrator shall prepare a plan of operation for the implementation of this section and for the achievement of the policy objectives of the governing body. Beginning in the year 1990, the city administrator shall include in the proposed budget for the next year an amount sufficient to cover necessary equipment acquisition costs for that year, plus an amount approximately equal to the estimated average annual expenditures of the city for future anticipated equipment purchases. At the same time each subsequent proposed annual budget is prepared, a proposed equipment acquisition program shall be submitted to the governing body. The proposed budget shall include an amount sufficient to finance proposed acquisitions for the following year, plus an amount to be reserved as set forth in the annually revised and extended equipment acquisition program. (d) Moneys in the equipment reserve fund shall be invested in accordance with the provisions of K.S.A and amendments thereto, with interest earnings credited to such fund. (Ord. No. 3076, 1 4, ) Sec Removed. (Ord. No. 3403, 1, ; Ord. No. 3411, 1, ; Ord. No. 3412, 1, ; Ord. No. 3475, ) Sec Capital Improvement Program (CIP). The Capital Improvement Program (CIP) will be prepared and reviewed annually during the budgeting process. The CIP will be adopted by reference. Placing items on the CIP does not imply that there are funds available to complete the projects. The list is a projection of what is desired. The plan will be adjusted as funds become available or priorities change. (Ord. No. 3418, 2(2-177), ) Page 15

16 Editor's note Ord. No. 3418, 2, adopted March 25, 2013, set out provisions intended for use as At the editor's discretion, to preserve the style of this Code, these provisions have been included as Secs Reserved. ARTICLE V. - OPEN RECORDS FOOTNOTE(S): --- (5) --- State Law reference Open records act, K.S.A et seq. Sec Purpose of article; review. It is the purpose of this article to establish reasonable fees and charges for the provision of access to or copies of open public records in the possession of the city to avoid the necessity of using general public funds of the city to subsidize special services and benefits to a record requester. The official record custodian shall periodically recommend to the governing body such changes in this article as may be necessary to secure this purpose. (Code 1988, 1-701) Sec 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 to inclusive, which is incorporated by reference as if set out in full in this section. (Code 1988, 1-109) Sec Inspection fee. (a) Where a request has been made for inspection of any open public record which is readily available to the record custodian, there shall be no inspection fee charged to the requester. (b) In all cases not covered by subsection (a) of this section, a record inspection fee shall be charged at the rate per hour, per employee established in section engaged in the record search. (Code 1988, 1-702) State Law reference Inspections and inspection fees, K.S.A Sec Copying fee. (a) A fee, as found in section 34-32, shall be charged for photocopying public records. Such fee shall cover the cost of labor, materials and equipment. (b) For copying any public records which cannot be reproduced by the city's photocopying equipment, the requester shall be charged the actual cost to the city, including staff time, in reproducing such records. Page 16

17 (Code 1988, 1-703) State Law reference Copying fee, K.S.A Sec Prepayment of fees. (a) A record custodian may demand prepayment of the fees established by this article whenever such custodian believes this to be in the best interest of the city. The prepayment amount shall be an estimate of the inspection and/or copying charge accrued in fulfilling the record request. Any overage or underage in the prepayment shall be settled prior to inspection of the requested record of delivery of the requested copies. (b) Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the record custodian, such fees are estimated to exceed $ (c) Where prepayment has been demanded by the record custodian, no record shall be made available to the requester until such prepayment has been made. (Code 1988, 1-704) State Law reference Authority to require advance payment of fees, K.S.A (f), (a). Secs Reserved. ARTICLE VI. Subtitles Division 1 and Division 2 are deleted. DIVISION 1. - RESERVED Secs Reserved. DIVISION 2. - HOUSING REHABILITATION AND CITIZENS ADVISORY BOARD FOOTNOTE(S): --- (6) --- Editor's note Ord. No. 3295, 1 5, adopted Aug. 13, 2002, was not specifically amendatory of the Code and has been included as ch. 2, art. VI, div. 2, at the editor's discretion. Sec Housing Authority Board. There is hereby created housing authority board to serve the governing body of the City of Iola, which shall have the functions, duties, and authority prescribed herein. (Authority K.S.A et.at.) (Ord. No. 3295, 1, ; Ord 3454, ) Sec Membership, officers and vacancies. Page 17