PREFACE

Latest version.

This Code constitutes a recodification of the general and permanent ordinances of the City of Arkansas City, Kansas.

Source materials used in the preparation of the Code were the Prior Code, as supplemented through August 16, 2011, and ordinances subsequently adopted by the Board of City Commissioners. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the Prior Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER ORDINANCES	CHT:1
CODE	CD1:1
LAND DEVELOPMENT CODE	LDC:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER ORDINANCES INDEX	CHTi:1
CODE INDEX	CDi:1
LAND DEVELOPMENT CODE INDEX	LDCi:1

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Alyce A. Whitson, Senior Code Attorney, and Paula B. Freeman, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Tamara L. Niles, City Attorney, Nickolaus Hernandez, City Manager, and Lesley Shook, City Clerk, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Arkansas City, Kansas. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Arkansas City, Kansas.

ORDINANCE NO. 2013-04-4330

AN ORDINANCE ESTABLISHING THE MUNICIPAL CODE OF THE CITY OF ARKANSAS CITY, KANSAS; INCORPORATING BY REFERENCE THE PUBLISHED MUNICIPAL CODE; AMENDING THE CITY OF ARKANSAS CITY MUNICIPAL CODE TO SO REFLECT; AND REPEALING SPECIFIED SECTIONS OF MUNICIPAL CODE.

Be it Ordained by the Board of City Commissioners of the City of Arkansas City, Kansas:

Section 1. INCORPORATING MUNICIPAL CODE.

There is hereby incorporated by reference for the purpose of establishing a published Municipal Code for the City of Arkansas City Kansas, that Municipal Code Book known as the "Arkansas City Municipal Code" Edition of 2013, prepared and published in book form by Municode. No fewer than one copy of said Municipal Code shall be marked or stamped "Official Copy as Adopted by Ordinance No. 2013-04-4330," which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. Said Municipal Code also will be available in its entirety at the City of Arkansas City's website, www.arkcity.org.

Section 2: REMOVAL FROM MUNICIPAL CODE

The Board of City Commissioners has removed certain sections of Municipal Code from previous versions of the municipal code. Mere removal from Municipal Code does not affect the validity of the underlying ordinance, unless specifically addressed elsewhere in this, or subsequent, ordinances.

Section 3: AMENDMENTS TO MUNICIPAL CODE

Multiple sections of Municipal Code have been amended, from the original ordinance to the "Arkansas City Municipal Code" Edition of 2013, to reflect (a) current practices of the City of Arkansas City; (b) current law adopted by the State of Kansas; and (c) best practices that will be implemented by the City of Arkansas City. Therefore, any amendments from prior Municipal Code, to that adopted herein by reference, shall be an amendment to the underlying ordinance creating that section of Municipal Code.

Section 4: THE FOLLOWING SECTIONS/CHAPTERS OF THE ARKANSAS CITY MUNICIPAL CODE ARE HEREBY REPEALED:

Chapter 1.16 Wards And Precincts (obsolete); Chapter 2.28 Fire And Police Pension And Retirement (regulated by State law, Personnel Manual); Chapter 2.53 (Recreational Facilities Task Force)(obsolete); Chapter 2.57 (Residential Rehabilitation Council) (obsolete); Chapter 2.68 (Ark City Youth Center Advisory Board)(obsolete); Chapter 3.20 Municipal Court Bank Account (obsolete); Chapter 3.24 Change Fund (obsolete); Chapter 3.26 Special Liability Expense Fund (obsolete); Chapter 3.32 Tree Fund (obsolete); Chapter 3.36 Employee Benefits Contribution Fund (obsolete); Chapter 3.50 Project Independence (obsolete); Section 5.10.080, Authority to Arrest (duplicative of state law); Chapter 5.28 Drilling Regulations (state corporation commission has jurisdiction; city zoning, nuisance law otherwise prohibits); Chapter 5.36, New Goods Public Auction (duplicative of state law, no additional city authority required); Section 5.48.020 Music wagons (obsolete, overly broad); Chapter 5.60 Trading Stamps (obsolete); Chapter 5.75 Penal Rehabilitation Facilities (addressed by other applicable law); Sections 6.01.120-6.01.122 Cruelty to Animals (duplicative of UPOC); Section 6.08.111 Dog fighting—Training dog to be vicious (addressed by other law; some portions felony level offenses); Section 6.08.130 Counterfeit tags (duplicative of other law); Section 6.08.140 Police dogs (duplicative of state felony law); Section 6.16.010 Hog maintenance (regarding pot bellied pigs, as grandfather exception now expired); Section 6.08.061, 6.08.062 Prohibited Dog Breeds/Returning Prohibited Dog Breed (questionable validity; enforcement difficulties; addressed by vicious dog laws); Section 8.12.071 (residential carry-out service)(presents liability to City employees); Section 8.12.100 Commercial haulers prohibited (obsolete); Section 8.12.110 (Transport license required)(suggests a third party could haul refuse in the City by obtaining a $5.00 permit); Section 8.12.140 (vehicle requirements to haul refuse)(address by Standard Traffic Ordinance, Uniform Public Offense Code); Section 8.12.150 Revocation of license(obsolete, due to repeal of Section 8.12.110); Section 8.12.170 Throwing trash in street (duplicative of other current law); Chapter 8.16, Flammable Gases (regulated by international fire code); Section 8.24.010 Dangerous places (addressed by nuisance law); Chapter 9.04 Library offenses (duplicative of other offenses); Chapter 8.28 Nuisances (duplicative of multiple sections of Code, including uniform public offense code); Section 8.38.010, Fees for Stand-by Rescue for Permit Entries into Confined places as defined and administered under 29 CFR, §1910.146 (regulated by OSHA); Chapter 9.04 Library Offenses (duplicative of Uniform Public Offense Code); Chapter 9.12 Discrimination in Housing (entirely duplicative of state statute, and prosecuted by attorney general); Section 10.04.22 School buses (duplicative); Section 10.04.41 Stopping, Standing or Parking Prohibited in Specified Places (duplicative of Standard Traffic Ordinance); Section 10.04.42 Accessible Parking (duplicative of Standard Traffic Ordinance); Section 10.08.10 Procedure (ABANDONED VEHICLES) (duplicative of Standard Traffic Ordinance); Chapter 10.12 Bicycles and Motorcycles (registration) (obsolete); Chapter 10.20 Parking Meters (mistitled; parking citations) (duplicative of Standard Traffic Ordinance); Chapter 10.24 Special Zones (obsolete); Section 10.28.010 Speed of trains (fixed by state law); Section 10.28.020 Blocking crossings. (obsolete); Chapter 10.36 Speed Limits (duplicative of Standard Traffic Ordinance, other sections of Code); Section 10.40.10 Trespassing on parking (duplicative of Standard Traffic Ordinance); Section 10.48.10 Operating motor vehicle upon (Spring Hill Golf Course) (duplicative of Standard Traffic Ordinance); Section 12.04.010 Definitions (cemeteries) (obsolete); Section 13.04.10 Curb Pumps Prohibited (duplicative of other code); Section 13.08.010 Drainage Air conditioners (duplicative of other code); Section 13.08.020 Drainage Obstruction (duplicative of other code); Chapter 13.20 (Injuries)(duplicative of Uniform Public Offense Code); Section 13.32.10 Removal of Barricades (duplicative of Standard Traffic Ordinance); Chapter 13.36 Activities in Street (duplicative of Standard Traffic Ordinance); Chapter 16.24 (Plumbing Inspector)(duplicative of other sections of Municipal Code).

Section 5: EFFECTIVE DATE

The City Clerk shall make proper publication of this Ordinance, a summary of which may be published once in the official City newspaper and which shall be effective from and after said publication. That the Mayor, City Clerk, and/or City Administration of the City of Arkansas City, Cowley County, Kansas, are authorized and directed to execute any and all documents necessary to consummate the Legislative purposes and intents as expressed herein and if executed by the Mayor (or other person authorized by law to act in the event of the absence or inability of the Mayor to act), the City Clerk or Deputy City Clerk is directed to attest to and affix the Official Seal of the City thereon. City Administration is authorized to submit additional information as may be required and the Office of the City Manager shall act as the Official Representative of the City in this and subsequent related activities.

PASSED AND ORDAINED by the Governing Body of the City of Arkansas City, Kansas this 16th day of April, 2013.

	CHARLES TWEEDY III, Mayor

ATTEST:

LESLEY SHOOK City Clerk

DRAFTED AND APPROVED AS TO FORM:

TAMARA L. NILES City Attorney

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of the Ordinance No. 2013-04-4330 of the City of Arkansas City, Kansas adopted by the governing body on April 16, 2013 as the same appears of record in my office.

DATED: ____________

	Lesley Shook Clerk

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');