The chapters, articles and sections herein shall constitute and be designated as “The Code of the City of Baldwin City, Kansas,” and may be so cited. The code may also be cited as the “Baldwin City Code.”
In the construction of this code and of all ordinances of the city, the following definitions and rules shall be observed unless such construction would be inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:
(a) City - shall mean the City of Baldwin City, Kansas.
(b) Code - shall mean the Code of the City of Baldwin City, Kansas.
(c) Computation of time - within which an act is to be done shall exclude the first day and include the last day. If the last day be a Saturday, Sunday or legal holiday, that day shall be excluded.
(d) County - means the County of Douglas in the State of Kansas.
(e) Delegation of Authority - Whenever a provision appears requiring or authorizing the head of a department or officer of the city to do some act or perform some duty, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty unless the terms of the provision designate otherwise.
(f) Gender - Words importing the masculine gender include the feminine and neuter.
(g) Governing Body - means the mayor and councilmembers or those persons appointed to fill a vacancy in the office of mayor or the council as provided in this code.
(h) In the city - shall mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police or other regulatory powers.
(i) 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.
(j) Month - shall mean a calendar month.
(k) Number - Words used in the singular include the plural and words used in the plural include the singular.
(l) Oath - includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the word swear is equivalent to the word affirm.
(m) Officers, departments, etc. - Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the city.
(n) 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.
(o) Person - includes a firm, partnership, association of persons, corporations, organization or any other group acting as a unit, as well as an individual.
(p) Property - includes real, personal and mixed property.
(q) Shall, may - Shall is mandatory and may is permissive.
(r) Sidewalk - means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
(s) 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.
(t) Tenant or occupant - applied to a building or land shall include any person holding a written or oral lease of, or who occupies the whole or a part of such building or land, whether alone or with others.
(u) Tense - Words used in the past or present tense include the future as well as the past and present.
(v) Writing or written - shall include printing, engraving, lithography and any other mode of representing words and letters, except those cases where the written signature or the mark of any person is required by law.
(w) Year - means a calendar year, except where otherwise provided.
The provisions appearing in this code, so far as they are in substance the same as those ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.
The repeal of an ordinance shall not revive an ordinance previously repealed, nor shall such repeal affect any right which has accrued, any duty imposed, any penalty incurred, or any proceeding commenced under or by virtue of the ordinance repealed, except as shall be expressly stated therein.
The catch lines of the sections of this code printed in capital letters are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titled, 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 catch line, is amended or reenacted.
The matter in parentheses at the end of sections is for information only and is not a part of the code. Citations indicate only the source and the text may or may not be changed by this code. This code is a new enactment under the provisions of K.S.A. 12-3014 and 12-3015.
Reference matter not in parentheses is for information only and is not a part of this code.
Any portion of this code may be amended by specific reference to the section number as follows: “Section _________ of the Code of the City of Baldwin City is hereby amended to read as follows: (the new provisions shall then be set out in full.)” A new section not existing in the code may be added as follows: “The code of the City of Baldwin City is hereby amended by adding a section (or article or chapter) which reads as follows: (The new provisions shall then be set out in full.” All sections, or articles or chapters to be repealed shall be repealed by specific reference as follows: “Section (or article or chapter) _________ of the Code of the City of Baldwin City is hereby repealed.”
(K.S.A. 12-3004; Code 1985)
All powers exercised by cities of the third class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law.
(Code 1971, 1-104; Code 1985)
The governing body shall have the care, management and control of the city and its finances, and shall pass all ordinances needed for the welfare of the city.
(Code 1971, 1-105; Code 1985)
The ordaining clause of all ordinances shall be “Be it Ordained by the Governing Body of the City of Baldwin City.” All ordinances shall be read and considered section by section at a public meeting of the governing body, at which time amendments may be made to any section or sections upon motion duly made and carried; and upon the reading and final consideration of the ordinance, the question shall be stated by the presiding officer: “Shall the ordinance be passed as read?” (or as read and amended), and the clerk shall call the roll of the governing body. The vote on the final passage of the ordinance shall be taken by “yeas” and “nays” which shall be entered on the journal of proceedings of the governing body by the city clerk (or in his or her absence by a member of the governing body to be designated by the governing body to act as clerk pro tempore). No ordinance shall be passed unless a majority of all the members of the governing body elect shall vote in favor thereof.
(Code 1971, 1-115)
No ordinance shall contain more than one subject, which shall be clearly expressed in its title; and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed.
(K.S.A. 12-3004; Code 1985)
No ordinance, except those appropriating money, shall be in force until published in the official city newspaper by the city clerk. One publication of any such ordinance shall be sufficient unless additional publications are required by statute or ordinance. The publisher of the newspaper shall prefix such published ordinance by a line in brackets stating the month, day and year of such publication.
(K.S.A. 12-3007; Code 1971, 1-116; Code 1985)
Following final passage and approval of each ordinance, the city clerk shall enter the same in the ordinance book of the city as provided by law. Each ordinance shall have appended thereto the manner in which the ordinance was passed, the date of passage, the page of the journal containing the record of the final vote on its passage, the name of the newspaper in which published and the date of publication.
(K.S.A. 12-3008; Code 1985)
Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the city council.
(Code 1971; 1-118)
The city clerk or any other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with K.S.A. 12-120 to 12-121 inclusive, which is incorporated by reference herein as if set out in full.
(K.S.A. 12-120:121; Code 1985)
It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the City of Baldwin City to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance duly adopted by the governing body.
Any person convicted of doing any of the acts or things prohibited, made unlawful, or the failing to do any of the things commanded to be done, as specified and set forth in this code, shall be deemed in violation of this code and punished in accordance with section 1-118. Each day any violation of this code continues shall constitute a separate offense.
For the purpose of sentencing, the following classes of violations and punishment and the terms of confinement authorized for each class are established:
(a) Class A, the sentence for which shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed one year and a fine not to exceed one thousand five hundred dollars ($1,500.00);
(b) Class B, the sentence for which shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed six months and a fine not to exceed one thousand dollars ($1,000.00);
(c) Class C, the sentence for which shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed one month and a fine not to exceed five hundred dollars ($500.00);
(d) 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 in such law, the sentence shall be the same penalty as provided herein for a Class C violation.
(Code 2005; Code 2011)
If for any reason any chapter, article, section, subsection, sentence, clause or phrase of this code or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this code.