CODE OF THE CITY OF WHITEWATER, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. [ADOPTION ORDINANCE NUMBER]
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER 1. 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. Ordinances.
1-109. Same; subject and title; amendment.
1-110. Same; publication.
1-111. Same; ordinance book.
1-112. Resolutions, motions.
1-113. City records.
1-114. Altering code.
1-115. Scope of application.
1-116. General penalty.
1-117. 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. Administrative powers.
1-208. Vacancies on the governing body; how filled.
1-209. Compensation.
1-210. Expenses.
1-211. Code of procedure for Kansas cities incorporated.
1-212. Code of ethics.
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. City administrator.
1-310. Same; powers, duties and responsibilities.
1-311. City treasurer.
1-312. City attorney.
1-313. City engineer.
1-314. Appointment or employment in more than one position.
1-315. Conflict of interest.
Article 4. Personnel Policy and Employee Benefits
1-401. Personnel policies and guidelines.
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; 0.5% for general purposes effective April 1, 2023.
1-802. Special purpose city sales tax; 0.5% for street, water and sewer infrastructure effective April 1, 2018, expiring after 10 years.
CHAPTER 2. 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.
2-109A. Chickens.
2-110. Animal traps.
2-111. Nuisance; animal activities prohibited.
2-112. Noisy animals.
2-113. Animal confines; shelters.
2-114. Same; stockyards; commercial holding pens.
2-115. Death of animals.
2-116. Vicious animals.
2-117. Running at large.
2-118. Impoundment; fee; notice; record.
2-119. Redemption of impounded animals.
2-120. Impoundment of rabies suspects.
2-121. Animals bitten by rabid animals.
2-122. Vehicular accidents involving animals.
2-123. Emergency; proclamation.
2-124. Kennel licenses.
Article 2. Dogs
2-201. Registration and vaccination required; fee.
2-202. Dog tags.
2-203. Same; counterfeit tag.
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.
Article 4. Cats
2-401. Registration required; fee.
2-402. Tags.
2-403. Same; counterfeit tag.
2-404. Evidence of vaccination.
2-405. Visiting cats.
2-406. Noisy cats; fine.
2-407. Incorporation by reference.
CHAPTER 3. 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. License required of retailers.
3-202. Application.
3-202a. License application procedures.
3-203. License granted; denied.
3-204. License to be posted.
3-205. License, disqualification.
3-206. Restriction upon location.
3-207. License fee.
3-208. Suspension of license.
3-209. License suspension/revocation by governing body.
3-210. Same; appeal.
3-211. Change of location.
3-212. Wholesalers and/or distributors.
3-213. Business regulations.
3-214. Prohibited conduct on premises.
3-215. Sanitary conditions required.
3-216. Minors on premises.
3-217. Consumption or possession of cereal malt beverage by minors prohibited.
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. Special Event CMB Permits
3-601. License required.
Article 7. Caterers
3-701. License required.
3-702. License fee.
3-703. Business regulations.
3-704. Notice to chief of police.
CHAPTER 4. BUILDINGS AND CONSTRUCTION
Article 1. Fire Limits
4-101. Fire limits established.
Article 2. Building code
4-201. Building permit required; application; approval.
4-202. Same; application information required.
4-203. Same; plans and specifications.
4-204. Same; fees.
4-205. Same; posting.
Article 3. Electrical Code
4-301. Electrical permit required; application; approval.
4-303. Same; plans and specifications.
4-304. Same; fees.
4-305. Same; posting.
Article 4. Plumbing and Gas-Fitting Code
4-401. Definition of plumbing.
4-402. Plumbing permit required; exception.
4-403. Same; application information required.
4-404. Same; plans and specifications.
4-405. Same; fees.
4-406. Same; posting.
Article 5. Moving Buildings
4-501. Building official; authority.
4-502. Permit required.
4-503. Same; application for permit.
4-504. Same; bond, insurance required.
4-505. Same; fee.
4-506. Route; duties of building official.
4-507. Notice to owners.
4-508. Duty of owners.
4-509. Interfering with poles; wires.
4-510. Display of lanterns.
4-511. Cutting shade trees.
CHAPTER 5. BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
5-101. Definitions.
5-102. Going on private premises; nuisances.
CHAPTER 6. 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 7. FIRE
Article 1. Fire Department
7-101. Reserved.
Article 2. Fire Prevention
7-201. Fire prevention code incorporated.
7-202. Same; enforcement.
7-203. Same; amendments.
7-204. Open burning.
7-205. Accumulation of rubbish and trash.
7-206. Keeping of packing materials.
7-207. Storage of ashes.
7-208. Filling gasoline tanks of motor vehicles.
7-209. Fire hazards generally.
7-210. Same; inspections to discover.
7-211. Abatement of fire hazards; issuing order.
7-212. Same; service of order; records.
7-213. Smoke detectors.
7-214. Same; installation.
7-215. Same; battery use.
7-216. Same; enforcement and violation.
7-217. Same; maintenance.
7-218. Same; certificate of compliance.
7-219. Penalty.
Article 3. Fireworks
7-301. Fireworks prohibited; exceptions.
7-302. Sale of fireworks.
7-303. Discharge of fireworks.
7-304. Public display.
7-305. Proclamation prohibiting sale and discharge of fireworks.
7-306. Authority of fire chief.
Article 4. Burn Site
7-401. Nature of material.
7-402. Permission requested.
7-403. Designated area.
7-404. Rules and regulations.
7-405. Penalty.
CHAPTER 8. HEALTH AND WELFARE
Article 1. Board of Health
8-101. Health council created.
Article 2. Health Nuisances
8-201. Nuisances unlawful; defined.
8-202. Public officer.
8-203. Complaints; inquiry and inspection.
8-204. Same; right of entry.
8-205. Order of violation.
8-206. Same; contents.
8-207. Failure to comply; penalty.
8-208. Abatement.
8-209. Hearing.
8-210. 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.
Article 8. Junked Motor Vehicles on Private Property
8-801. Findings of governing body.
8-802. Definitions.
8-803. Nuisances unlawful; defined; exceptions.
8-804. Public officer.
8-805. Complaints; inquiry and inspection.
8-806. Same; right of entry.
8-807. Order of violation.
8-808. Same; contents.
8-809. Failure to comply; penalty.
8-810. Abatement.
8-811. Disposition of vehicle; recovery of vehicle.
8-812. Hearing.
8-813. Costs assessed.
CHAPTER 9. 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.
9-113. Failure to appear or comply.
CHAPTER 10. POLICE
Article 1. Law Enforcement
10-101. Police protection.
CHAPTER 11. PUBLIC OFFENSES
Article 1. Uniform Offense Code
11-101. Uniform public offense code incorporated.
Article 2. Local Provisions
11-201. Curfew; established.
11-202. Same; parents and others.
11-203. Same; Suspension of curfew.
11-204. Same; penalty.
11-205. Loitering.
11-206. Possession of habit forming/dangerous drugs.
11-207. Drug paraphernalia and simulated controlled substances; offenses.
CHAPTER 12. PUBLIC PROPERTY
Article 1. City Parks
12-101. City laws extended to park.
12-102. Jurisdiction over parks.
12-103. Damaging park property.
12-104. Dangerous weapons.
12-105. Vehicle regulations.
12-106. Hunting.
12-107. Fires.
12-108. Camping prohibited.
12-109. Sanitation.
12-110. Prohibition against alcoholic beverages and cereal malt beverages.
12-111. Preservation of natural state.
12-112. General regulations.
Article 2. Public Building Commission
12-201. Creation.
12-202. Composition.
12-203. Purpose, powers and functions.
12-204. Support services.
12-205. Further action.
Article 3. Cemetery
12-301. Name of Cemetery.
12-302. Sexton; duties.
12-303. Records; conveyances; permits; funds.
12-304. Burials; permits, registrar of vital statistics; sexton.
12-305. Contents of burial permit; fees or charges; sexton.
12-306. Cemetery regulations; monuments; markers; burial.
12-307. Lots; sale price.
12-308. Public offenses generally.
12-309. Cemetery hours; unlawful entrance.
12-310. Firearms; unlawful use; exceptions.
12-311. Speed of vehicles.
12-312. Vehicles; operation; parking.
12-313. Property damage.
12-314. Trees; shrubs; flowers.
12-315. Cemetery board; appointment; salary of secretary.
12-316. Same; term of office; removal; vacancies.
12-317. Same; organization.
12-318. Same; treasurer; term; bond.
12-319. Same; sexton and assistants.
12-320. Same; annual reports.
12-321. Same; abolishment of board, election; petition.
CHAPTER 13. 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.
13-112. Bicycles on sidewalks.
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. Curb pumps.
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 14. TRAFFIC
Article 1. Standard Traffic Ordinance
14-101. Standard traffic ordinance incorporated.
14-102. Traffic infractions and traffic offenses.
14-103. Penalty for scheduled fines.
Article 2. Local Traffic Regulations
14-201. Traffic control devices and markings.
14-202. Careless driving.
14-203. Truck traffic prohibited.
14-204. Speed limit.
14-205. One-way streets.
14-206. Trains.
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. Hazardous Materials
14-401. Hazardous material defined.
14-402. Same; exceptions.
14-403. Parking of vehicles or trailers carrying hazardous materials.
14-404. Removal of illegally parked trailers.
Article 5. Truck Parking
14-501. Prohibition.
14-502. Exceptions.
14-503. Definition.
14-504. General penalties.
Article 6. Special Use Vehicles
14-601. Definitions.
14-602. Operation of work site utility vehicles.
14-603. Operation of micro utility trucks.
14-604. Operation of all-terrain vehicles.
14-605. Operation of golf carts.
14-606. Hours of operation limited.
14-607. Highways.
14-608. Subject to law imposed on vehicles.
14-609. Valid driver’s license required; penalty.
14-610. Insurance required; penalty.
14-611. Penalties.
CHAPTER 15. UTILITIES
Article 1. General Provisions
15-101. Definition.
15-102. Delinquent accounts.
15-103. Notice; hearing.
15-104. Same; finding.
15-105. Petty cash fund.
15-106. Same; deposits.
15-107. Same; vouchers.
15-108. Liens for unpaid charges.
Article 2. Water
15-201. Superintendent of water and sewage.
15-202. Regulations.
15-203. Service not guaranteed.
15-204. Connection fees and costs.
15-205. Application for connection.
15-206. Mains and connections.
15-207. Repairs.
15-208. Water to be metered.
15-209. Turning on water.
15-210. Injury to property.
15-211. City reserves right to discontinue service.
15-212. Every premises to have separate connection.
15-213. Fees, charges and deposits.
15-214. Service connections required.
15-215. City to make connections.
15-216. Curb cocks.
15-217. Check valves.
15-218. Cross-connections prohibited.
15-219. Same; protective backflow devices required.
15-220. Same; inspection.
15-221. Same; protection from contaminants.
15-222. Same; regulation manual incorporated by reference.
15-223. Leaks prohibited; penalty.
15-224. Prohibited acts.
15-225. Right of access.
15-226. Water rates.
15-227. Delinquent accounts; notice; hearing; finding; liability.
15-228. Use during fire.
Article 3. Sewers
15-301. Definitions.
15-302. Sewer connection required.
15-303. Permit; connection fee.
15-304. Application.
15-305. Costs.
15-306. Sewer connection; inspection.
15-307. Sewer for each building.
15-308(1). Same; specifications.
15-308(2). Same.
15-308(3). Same.
15-308(4). Same.
15-308(5). Same.
15-308(6). Same.
15-308(7). Same.
15-309. Sewer excavations; damages.
15-310. Failure to connect.
15-311. Privy unlawful.
15-312. Private sewer system.
15-313. Same; permit.
15-314. Same; inspection.
15-315. Same; discharge.
15-316. Same; additional requirements.
15-317. Disposal of sewage.
15-318. Damage to sewers.
15-319. Natural outlet.
15-320. Standards.
15-321. Old building sewers.
15-322. Mud, grease traps.
15-323. Roof, foundation drains.
15-324. Same; exception.
15-325. Storm water; industrial cooling water.
15-326. Prohibited discharges.
15-327. Bills.
15-328. Charges based on usage.
15-329. Sewer rates.
Article 4. Solid Waste
15-401. Definitions.
15-402. Collection.
15-403. Contracts.
15-404. Duty of owner, occupant.
15-405. Containers.
15-406. Bulk containers.
15-407. Enter private premises.
15-408. Ownership of solid waste.
15-409. Wrapping garbage.
15-410. Heavy, bulky waste.
15-411. Hazardous materials.
15-412. Prohibited practices.
15-413. Objectionable waste.
15-414. Unauthorized disposal.
15-415. Private collectors; license required.
15-416. Same; application.
15-417. Same; fee.
15-418. Closed vehicle.
15-419. Rules and regulations.
15-420. Charges.
15-421. Same; fee schedule.
15-422. Billing.
15-423. Request for service.
15-424. Frequency of collection.
15-425. Contractor’s refuse.
Article 5. Water Drought/Emergency
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 16. ZONING AND PLANNING
Article 1. City Planning Commission/Board of Zoning Appeals
16-101. Commission re-establishment.
16-102. Membership, terms, interest and compensation.
16-103. Meetings, officers and records.
16-104. Powers and duties.
16-105. Board of zoning appeals.
16-106. Budget.
Article 2. Zoning Regulations
16-201. Zoning regulations incorporated.
16-202. Zoning map incorporated.
Article 3. Subdivision Regulations
16-301. Subdivision regulations incorporated.
Article 4. Floodplain Management
16-401. Floodplain regulations incorporated.
APPENDIX A – CHARTER ORDINANCES
Charter Ordinance No. 1
Charter Ordinance No. 2
Charter Ordinance No. 3
Charter Ordinance No. 4
Charter Ordinance No. 5
Charter Ordinance No. 6
Charter Ordinance No. 7
Charter Ordinance No. 8
Charter Ordinance No. 9
Charter Ordinance No. 10
Charter Ordinance No. 11
APPENDIX B – FRANCHISES
Ord. 562 (Gas)
Ord. 576 (Electric)