CODE OF THE CITY OF LINN VALLEY, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 236
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. Powers generally.
1-109. Ordinances.
1-110. Same; subject and title; amendment.
1-111. Same; publication.
1-112. Same; ordinance book.
1-113. Resolutions, motions.
1-114. City records.
1-115. Altering code.
1-116. Scope of application.
1-117. General penalty.
1-118. Severability.
Article 2. Governing Body
1-201. Governing body.
1-202. Same; powers generally.
1-203. Meetings.
1-204. Quorum.
1-205. Powers of the mayor.
1-206. President of the council.
1-207. Vacancies on the governing body; how filled.
1-208. Compensation.
Article 3. Officers and Employees
1-301. Appointment.
1-302. Employees.
1-303. Removal.
1-304. Qualification of officer; vacancy in office.
1-305. City clerk.
1-306. Same; fiscal records.
1-307. Same; seal; oaths.
1-308. Same; withholding agent.
1-309. Assistant city clerk.
1-310. City treasurer.
1-311. City attorney.
1-312. City engineer.
1-313. Appointment or employment in more than one position.
1-314. Conflict of interest.
Article 4. Personnel Policy and Employee Benefits
1-401. Personnel policies and guidelines.
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. Capital improvement fund created.
1-802. Consolidated street and highway fund created.
1-803. Equipment reserve fund created.
1-804. Sewerage reserve fund created.
1-805. Special sales tax; 1% for public safety equipment and a fire truck; expiring March 31, 2033.
1-806. Public safety equipment reserve fund.
CHAPTER 2. ANIMAL CONTROL AND REGULATION
Article 1. Dogs
2-101. Definitions.
2-102. License fee to be Paid by Owners and Harborers of Dogs.
2-103. Fractional Year License.
2-104. Penalty on Overdue License Fee.
2-105. Dog Registration; Tags.
2-106. Vaccination.
2-107. City clerk keeps records; enumeration.
2-108. Five days for ownership.
2-109. Reserved.
2-110. Devices or methods of catching animals.
2-111. Killing dangerous animals.
2-112. Examination and quarantine.
2-113. Noises, disturbance of peace prohibited.
2-114. Running at large prohibited.
2-115. Removal of excrement.
2-116. Destruction of property.
2-117. Scattering of garbage or other trash.
2-118. Establishment of dog pound.
2-119. Unlicensed or unregistered dog taken by animal control officer.
2-120. Breaking pound.
2-121. License fees to general fund.
2-122. Enforcement of ordinance.
2-123. Penalty.
2-124. Impoundment fee.
2-125. Boarding fee.
Article 2. Dangerous Dogs
2-201. Dangerous dogs.
2-202. Certificate of registration for certain dogs required; exemptions; fee.
2-203. Muzzling and restraint of certain dogs.
2-204. Dogs not to be declared dangerous.
2-205. Confiscation of a dangerous dog.
2-206. Fines.
2-207. Penalty.
Article 3. Livestock and Domestic Fowl
2-301. Definitions.
2-302. Same; prohibitions; exceptions.
2-303. Same; penalty.
Article 4. Other Animals
2-401. Exotic animals.
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.
3-203. License application procedures.
3-204. License granted; denied.
3-205. License to be posted.
3-206. License, disqualification.
3-207. Restriction upon location.
3-208. License fee.
3-209. Suspension of license.
3-210. License suspension/revocation by governing body.
3-211. Same; appeal.
3-212. Change of location.
3-213. Wholesalers and/or distributors.
3-214. Business regulations.
3-215. Sanitary conditions required.
Article 3. Alcoholic Liquor
3-301. State license required.
3-302. Occupational tax.
3-303. Posting of receipt.
3-304. Hours of sale.
3-305. Business regulations.
3-306. Restrictions on location.
Article 4. Private Clubs
3-401. License required.
3-402. License fee.
3-403. Business regulations.
Article 5. Drinking Establishments
3-501. License required.
3-502. License fee.
3-503. Business regulations.
Article 6. Caterers
3-601. License required.
3-602. License fee.
3-603. Business regulations.
3-604. Notice to chief of police.
Article 7. Temporary Permits
3-701. Permit required.
3-702. Permit fee.
3-703. City temporary permit.
3-704. Permit regulations.
CHAPTER 4. BUILDINGS AND CONSTRUCTION
Article 1. Building Contractors Registration
4-101. Builders or building contractor’s registration required.
4-102. Application for granting of registration.
4-103. Fees; conditions; renewal; unlawful acts.
4-104. Insurance.
4-105. Registration suspension; revocation; appeal; unlawful acts.
4-106. Work by property owners.
4-107. Liability.
4-108. Penalty.
Article 2. Building Code
4-201. International building code.
4-202. Amendments.
Article 3. Residential Code
4-301. International residential code.
4-302. Amendments.
Article 4. General Provisions
4-401. Residential street numbers.
4-402. Sea Walls, Docks and Similar Structures.
Article 5. Dock Construction
4-501. Permit application.
4-502. Requirements.
4-503. Building permit.
4-504. Variances.
4-505. Work commencing before the permit issuance.
CHAPTER 5. BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
5-101. Going on private premises; nuisances.
5-102. Duties of officers.
5-103. Charitable; not-for-profit organizations.
5-104. Penalty.
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. City fire department established.
7-102. Membership; fire drill.
7-103. Supervision of department.
7-104. Fire chief; powers.
7-105. Same; records.
7-106. Assistant chief.
7-107. Private use of fire equipment.
7-108. Fire equipment; emergency right-of-way and use.
7-109. Same; fire hose.
7-110. Obstruction of fire hydrant.
7-111. False alarm.
Article 2. Open Burning
7-201. Burning Restrictions.
7-202. Requirements.
7-203. Penalty.
7-204. Burn ban.
Article 3. Fireworks
7-301. Fireworks defined.
7-302. Approved time.
7-303. Approved fireworks.
7-304. Bottle rockets prohibited.
7-305. Penalty.
CHAPTER 8. HEALTH AND WELFARE
Article 1. Nuisances
8-101. Nuisances unlawful; defined.
8-102. Public officer.
8-103. Complaints; inquiry and inspection.
8-104. Same; right of entry.
8-105. Notice.
8-106. Same; contents.
8-107. Failure to comply; penalty.
8-108. Abatement.
8-109. Costs assessed.
Article 2. Motor Vehicles On Private Property
8-201. Findings of governing body.
8-202. Definitions.
8-203. Nuisances unlawful; defined; exceptions.
8-204. Public officer.
8-205. Complaints; inquiry and inspection.
8-206. Same; right of entry.
8-207. Notice.
8-208. Same; contents.
8-209. Failure to comply; penalty.
8-210. Abatement.
8-211. Disposition of vehicle.
8-212. Costs assessed.
Article 3. Property Maintenance Code
8-301. International property maintenance code.
8-302. Amendments.
Article 4. Insurance Proceeds Lien
8-401. Scope and application.
8-402. Lien created.
8-403. Same; encumbrances.
8-404. Same; pro rata basis.
8-405. Procedure.
8-406. Fund created; deposit of moneys.
8-407. Building inspector; investigation, removal of structure.
8-408. Removal of structure; excess moneys.
8-409. Same; disposition of funds.
8-410. Effect upon insurance policies.
8-411. Insurers; liability.
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.
CHAPTER 10. POLICE
Article 1. General Provisions
10-101. Police department.
10-102. Law enforcement personnel; general duties.
10-103. Rules and regulations.
Article 2. Property In Police Custody
10-201. Regulations.
10-202. Disposition.
10-203. Same; exempt property.
10-204. Claiming property.
10-205. Proof of ownership.
10-206. Auction.
CHAPTER 11. PUBLIC OFFENSES
Article 1. Uniform Offense Code
11-101. Uniform public offense code incorporated.
Article 2. General Provisions
11-201. Smoking in city-owned buildings prohibited.
Article 3. Controlled Substances/Drug Paraphernalia
11-301. Definitions.
11-302. Possession of marijuana and THC.
11-303. Possession of drug paraphernalia and simulated controlled substances.
11-304. Penalties.
Article 4. Litter
11-401. Definitions.
11-402. Littering prohibited.
11-403. Enforcement; personnel authorized.
11-404. Violations not exclusive.
11-405. Illegal dumping.
CHAPTER 12. PUBLIC PROPERTY
Article 1. City Parks
12-101. City laws extended to park.
12-102. Police 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.
CHAPTER 13. STREETS
Article 1. City-Owned Roads and Streets
13-101. Excavation permit.
13-102. Same; bond.
13-103. Same; filed.
13-104. Same; barricades.
13-105. Same; unlawful acts.
13-106. Cutting curbs; pavement.
13-107. Altering drainage.
13-108. Unfinished pavement.
13-109. Using streets.
13-110. Dangerous objects on public grounds.
13-111. Petroleum products in streets.
13-112. Discharging water on streets.
13-113. Burning in streets.
13-114. Throwing in streets.
13-115. Hauling loose material.
CHAPTER 14. TRAFFIC
Article 1. Standard Traffic Ordinance
14-101. Standard traffic ordinance incorporated.
14-102. Amendment; definition of “street or highway”.
14-103. Amendment; definition of “all-terrain vehicle”.
14-104. Revision of section 191.
14-105. Revision of section 192.
14-106. Revision of section 198.
14-107. Special use vehicles.
14-108. Traffic infractions and traffic offenses.
14-109. Penalty for scheduled fines.
Article 2. Local Traffic Regulations
14-201. Speed limit on 2400 Road.
14-202. Careless driving prohibited.
14-203. Truck parking.
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.
CHAPTER 15. UTILITIES
Article 1. Sewer Rates
15-101. Monthly rate.
15-102. Liability.
15-103. Lien.
15-104. Sanitary sewer fund.
15-105. Accounts and records.
Article 2. Sewer Regulations
15-201. Definitions.
15-202. Use of public sewers required.
15-203. Private sewage disposal.
15-204. Use of the public sewers.
15-205. Powers and authority of inspectors and service/maintenance personnel.
15-206. Protection from damage.
15-207. Penalties.
15-208. Regulating the occupancy of temporary and permanent residences.
15-209. Procedures and fees for connection to service of Sewer District No. 1.
15-210. Requirements for private sewage holding tanks and private water tanks.
Article 3. Cross Connections and Backflow Prevention
15-301. Cross Connection Control Backflow Prevention Program.
15-302. Cross Connections Prohibited.
15-303. Where Protection is Required.
15-304. Survey and investigations.
15-305. Incorporation by Reference.
15-306. Backflow Prevention Devices.
15-307. Installation.
15-308. Inspection and Maintenance.
15-309. Violation and Penalties.
15-310. Definitions.
Article 4. Water Drought/Emergency
15-401. Purpose.
15-402. Definitions.
15-403. Water shortage.
15-404. Voluntary conservation measures.
15-405. Mandatory conservation measures.
15-406. Emergency water rates.
15-407. Regulations.
15-408. Violations, disconnections and penalties.
15-409. Emergency termination.
15-410. Severability.
Article 5. Water
15-501. Superintendent of water and sewage.
15-502. Regulations.
15-503. Service not guaranteed.
15-504. Service connections required.
15-505. Application for service.
15-506. City to make connections.
15-507. Connection fees.
15-508. Check valves.
15-509. Unauthorized service.
15-510. Meters.
15-511. Testing.
15-512. Tampering with meter.
15-513. Leaks prohibited; penalty.
15-514. Disconnection, reconnection charge.
15-515. Utility deposit.
15-516. Interrupt service.
15-517. Prohibited acts.
15-518. Wasting water.
15-519. Right of access.
15-520. Rates.
15-521. Payment of bills.
15-522. Delinquent accounts; notice; hearing; finding; liability.
15-523. Use during fire.
15-524. Cross-connections prohibited.
15-525. Protective backflow devices required.
15-526. Inspection.
15-527. Protection from contaminants.
CHAPTER 16. ZONING AND PLANNING
Article 1. City Planning Commission/Board of Zoning Appeals
16-101. Planning commission; qualifications.
16-102. Terms; vacancies.
16-103. Meetings, quorum.
16-104. Officers, employees and consultants.
16-105. Budget and finance.
16-106. Oaths.
16-107. Board of zoning appeals.
16-108. Comprehensive plan.
16-109. Interlocal agreement with Miami County.
Article 2. Zoning Regulations
16-201. Zoning regulations incorporated.
Article 3. Subdivision Regulations
16-301. Subdivision 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
Charter Ordinance No. 12
Charter Ordinance No. 13
Charter Ordinance No. 14
Charter Ordinance No. 15
APPENDIX B – FRANCHISES
Ordinance No. 30
Ordinance No. 138
Ordinance No. 266
APPENDIX C – FEE RESOLUTION
Resolution No. 125
APPENDIX D – ZONING REGULATIONS
ARTICLE 1. TITLES AND JURISDICTION
SECTION 1.1: TITLE.
SECTION 1.2: JURISDICTION.
ARTICLE 2. GENERAL PROVISIONS
SECTION 2.1: PURPOSE AND INTENT.
SECTION 2.2: REPEALS.
SECTION 2.3: SAVINGS PROVISION.
ARTICLE 3. RULES AND DEFINITIONS
SECTION 3.1: RULES AND INTERPRETATION.
SECTION 3.2: SEPARABILITY.
SECTION 3.3: DEFINITIONS.
ARTICLE 4. ZONING DISTRICTS BOUNDARIES AND EXEMPTIONS
SECTION 4.1: Zoning District Establishment:
SECTION 4.2: Zoning District Map:
SECTION 4.3: Rules for Interpretation of District Boundaries:
SECTION 4.4: Exemptions:
SECTION 4.5: Applications of Regulations:
ARTICLE 5. AGRICULTURAL (A-1) DISTRICT
SECTION 5.1: Agricultural (A-1) District Purpose:
ARTICLE 6. SINGLE-FAMILY RESIDENTIAL (R-1) DISTRICT
SECTION 6.1: Single-Family Residential (R-1) District Purpose:
SECTION 6.2: Special Uses:
ARTICLE 7. SINGLE-FAMILY RESIDENTIAL MULTI PURPOSE/CAMPING LOTS (R-2) DISTRICT
SECTION 7.1: Single-Family Residential Multi-Purpose/Camping Lots (R-2) District Purpose:
ARTICLE 8. PARK AND OPEN SPACE (P-1) DISTRICT
SECTION 8.1: Park and Open Space (P-1) District Purpose:
ARTICLE 9. RESTRICTED COMMERCIAL (C-1) DISTRICT
SECTION 9.1: Restricted Commercial (C-1) District Purpose:
SECTION 9.2: Special Uses:
ARTICLE 10. LIGHT INDUSTRIAL (I-1) DISTRICT
SECTION 10.1: Light Industrial (I-1) District Purpose:
SECTION 10.2: Special Uses:
ARTICLE 11. PLANNED UNIT DEVELOPMENT (PUD) DISTRICT
SECTION 11.1: Planned Unit Development (PUD) District Purpose:
SECTION 11.2: Objectives:
SECTION 11.3: Applicability and Procedures:
SECTION 11.4: Permitted Uses:
SECTION 11.5: Special Uses:
SECTION 11.6: Preliminary Development Permit Required:
SECTION 11.7: Final Development Plan Approval:
ARTICLE 12. SUPPLEMENTARY DISTRICT REGULATIONS
SECTION 12.1: Supplementary District Regulations Purpose:
SECTION 12.2: Yard Restrictions:
SECTION 12.3: Exceptions to Yard Restrictions:
SECTION 12.4: Accessory Structures:
SECTION 12.5: Accessory Uses:
SECTION 12.6: Fences:
SECTION 12.7: Temporary Uses:
SECTION 12.8: Home Occupations:
SECTION 12.9: Short-Term Residential Rental Property:
ARTICLE 13. PARKING AND LOADING REQUIREMENTS
SECTION 13.1: Parking and Loading Requirements Purpose:
SECTION 13.2: Applicability:
SECTION 13.3: General Provisions:
SECTION 13.4: Layout and Design Requirements:
SECTION 13.5: Parking Requirements:
ARTICLE 14. SIGN REGULATIONS
SECTION 14.1: Sign Regulations Applicability:
SECTION 14.2: Classification of Signs:
SECTION 14.3: General Standards:
SECTION 14.4: Exemption:
SECTION 14.5: District Regulations:
ARTICLE 15. NON CONFORMITIES
SECTION 15.1: NON-CONFORMITIES:
SECTION 15.2: Non-conforming Lot of Record:
SECTION 15.3: Non-conforming Structures:
SECTION 15.4: Non-conforming Uses:
ARTICLE 16. SPECIAL USE PERMITS
SECTION 16.1: Special Use Permit:
SECTION 16.2: Application for Special Use Permit:
SECTION 16.3: Approval Procedures:
SECTION 16.4: Denial of an Application:
SECTION 16.5: Continuance, Expiration, Revocation or Modification of Special Use Permit:
ARTICLE 17. BOARD OF ZONING APPEALS
SECTION 17.1: Board of Zoning Appeals:
SECTION 17.2: Powers and Jurisdictions:
SECTION 17.3: Notice/Hearing:
SECTION 17.4: Application:
SECTION 17.5: Performance:
SECTION 17.6: Appeals of the Board’s Decision:
ARTICLE 18. BUILDING PERMITS
SECTION 18.1: Building Permit:
SECTION 18.2: Conformance with Zoning Regulations:
SECTION 18.3: Building Permit Issuance:
ARTICLE 19. ADOPTION AND AMENDMENT PROCEDURE
SECTION 19.1: Adoption and Amendments of Zoning Districts and Regulations:
SECTION 19.2: General Authority and Procedure:
SECTION 19.3: Public Hearing Before Planning Commission:
SECTION 19.4: Table of Lesser Change:
SECTION 19.5: Action by Planning Commission and City Council:
SECTION 19.6: Zoning Amendment to be Reflected on Zoning District Map:
SECTION 19.7: Protest Petition:
SECTION 19.8: Limitations on Reapplication for Amendments:
ARTICLE 20. PENALTY
SECTION 20.1 Penalties for Violations; Actions for Enforcement:
SECTION 20.2: Effective Date: