CODE OF THE CITY OF ATTICA, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. G1270-22-02
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. Same; meetings.
1-204. Same; quorum.
1-205. Powers of the mayor.
1-206. President of the council.
1-207. Administrative powers.
1-208. Vacancies in governing body; how filled.
1-209. Compensation.
1-210. Expenses.
1-211. Incorporating code of procedure for Kansas cities.
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 agents.
1-309. City treasurer.
1-310. City superintendent.
1-311. Chief of police.
1-312. City attorney; office; duties.
1-313. Appointment or employment in more than one position.
1-314. Conflict of interest.
1-315. Residency requirement.
Article 4. Personnel Policy And Employee Benefits
1-401. Personnel rules and regulations.
Article 5. Oaths And Bonds
1-501. Oath.
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. Public request for access.
1-604. Facilities for public inspection.
1-605. Procedures for inspection.
1-606. Appointment of official custodians.
1-607. Designation of additional record custodians.
1-608. Duties of custodians.
1-609. Requests to be directed to custodians.
1-610. Fee administration.
1-611. Inspection fee.
1-612. Copying fee.
1-613. Prepayment of fees.
1-614. 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 And Community Development
1-801. Capital improvement fund.
1-802. City sales tax; 1% for general city operations.
Article 9. Tree Board
1-901. Definitions.
1-902. Creation and establishment of a city tree board.
1-903. Term of office.
1-904. Compensation.
1-905. Duties and responsibilities.
1-906. Operation.
1-907. Street tree species to be planted.
1-908. Spacing and distances.
1-909. Distances and clearance for planting.
1-910. Public tree care.
1-911. Permit required.
1-912. Tree topping.
1-913. Clearances over streets and walkways.
1-914. Dead or diseased tree removal.
1-915. Removal of stumps.
1-916. Interference with the tree board.
1-917. Access.
1-918. Arborist license and bond.
1-919. Review by city council.
1-920. Penalty.
CHAPTER 2. ANIMAL CONTROL AND REGULATION
Article 1. General Provisions
2-101. Definitions.
2-102. Animal control officer; duty to impound; citation alternative.
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.
2-110. Animal traps.
2-111. Nuisance; animal activities prohibited.
2-112. Noisy animals.
2-113. Animal confines; shelters.
2-114. Death of animals.
2-115. Vicious animals.
2-116. Running at large.
2-117. Impoundment; fee; notice; record.
2-118. Redemption of impounded animals.
2-119. Impoundment of rabies suspects.
2-120. Animals bitten by rabid animals.
2-121. Emergency; proclamation.
2-122. Kennel licenses.
2-123. Pit bulls prohibited.
2-124. Pet shops.
Article 2. Dog License
2-201. Registration, license and tag.
2-202. License fee.
2-203. Collar or harness with tag displayed.
2-204. Rabies inoculation.
Article 3. Other Animals
2-301. Exotic animals.
Article 4. Fees
2-401. Fees to general fund.
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. Definition.
3-202. License issued by City.
3-203. License required of retailer.
3-204. Application.
3-205. License application procedures.
3-206. License granted; denied.
3-207. License to be posted.
3-208. License, disqualification.
3-209. Restriction upon location.
3-210. License fee.
3-211. Suspension of license.
3-212. License suspension/revocation by Governing Body.
3-213. Same; appeal.
3-214. Change of location.
3-215. Wholesalers and/or distributors.
3-216. Business regulations.
3-217. Prohibited conduct on premises.
3-218. 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.
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.
CHAPTER 4. BUILDINGS AND CONSTRUCTION
Article 1. Fire Limits
4-101. Fire limits established.
4-102. Structure standards.
Article 2. Building Code
4-201. Building official; powers; duties.
4-202. Building inspector; appointment.
4-203. Same; duties.
4-204. Same; powers.
4-205. Same; right of entry.
4-206. Clarification; modification.
4-207. Building permit required; application; approval.
4-208. Same; application information required.
4-209. Same; plans and specifications.
4-210. Same; fees.
4-211. Same; posting.
4-212. Certificate of approval.
4-213. Inspections of building; layout of building; foundations and footings; notice to inspector.
4-214. Request for inspection.
4-215. Work by property owners.
4-216. Liability.
4-217. Severability.
Article 3. Electrical Code
4-301. Definitions.
4-302. Adoption of electrical code by reference.
4-303. Additional provisions.
4-304. Building official; authority.
4-305. Electrical inspector; appointment.
4-306. Same; duties.
4-307. Same; powers.
4-308. Same; right of entry.
4-309. Clarification; modification.
4-310. Electrical permit required; application; approval.
4-311. Same; application information required.
4-312. Same; plans and specifications.
4-313. Same; fees.
4-314. Same; posting.
4-315. Request for inspection.
4-316. Inspection; concealment of prior work.
4-317. Certificate of approval.
4-318. Connection to installations.
4-319. Reinspection.
4-320. Condemnation; appeal.
4-321. Interference by unauthorized person.
4-322. Work by property owners.
4-323. Approved materials.
4-324. Liability.
4-325. Severability.
Article 4. Plumbing And Gas-Fitting Code
4-401. Definition of plumbing.
4-402. Uniform plumbing code incorporated.
4-403. Additional provisions.
4-404. Building official; authority.
4-405. Plumbing inspector; appointment.
4-406. Same; duties.
4-407. Same; powers.
4-408. Same; right of entry.
4-409. Clarification; modification.
4-410. Plumbing permit required; exception.
4-411. Same; application information required.
4-412. Same; plans and specifications.
4-413. Same; fees.
4-414. Same; posting.
4-415. Request for inspection.
4-416. Inspection; concealment of prior work.
4-417. Certificate of approval.
4-418. Connection to gas or water supply.
4-419. Condemnation; appeal.
4-420. Excavations.
4-421. Work by property owners.
4-422. Approved materials.
4-423. Liability.
4-424. Severability.
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.
Article 6. Dangerous And Unfit Structures
4-601. Purpose.
4-602. Definitions.
4-603. Public officer; duties.
4-604. Procedure; petition.
4-605. Same; notice.
4-606. Same; publication.
4-607. Same; hearing, order.
4-608. Duty of owner.
4-609. Same; failure to comply.
4-610. Same; make site safe.
4-611. Assessment of costs.
4-612. Immediate hazard.
4-613. Appeals from order.
4-614. Scope of article.
Article 7. Flood Hazard Standards
4-701. Enforcement.
4-702. Duties.
4-703. Permits.
4-704. Same; review.
4-705. Same; sites.
4-706. Same; flood hazard locations.
4-707. Findings of fact.
4-708. Applications.
4-709. Fees.
4-710. Inspection.
4-711. Same.
CHAPTER 5. BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
5-101. Definitions.
5-102. License required.
5-103. Same; application required.
5-104. Issuance; county residents.
5-105. Same; investigation and issuance; non-county resident.
5-106. Same; investigation fee.
5-107. License fee; time limits; exemptions.
5-108. Renewal.
5-109. Denial, revocation or suspension of license; notice.
5-110. Appeal to governing body.
5-111. Regulations.
5-112. Use of streets and sidewalks.
5-113. Disturbing the peace.
Article 2. Oil And Gas Wells
5-201. License and permit fee.
Article 3. Liquefied Petroleum Gas Storage Tanks
5-301. Restricting liquefied petroleum gas storage tanks within city limits.
CHAPTER 6. ELECTIONS
Article 1. City Elections
6-101. Conduct of election.
6-102. Hours of voting.
6-103. Election procedure.
6-104. Commencement of terms of office; oath of office.
6-105. Candidacy.
CHAPTER 7. FIRE
Article 1. Joint City-Township Fire Department
7-101. Joint city-township fire department established.
7-102. Membership.
7-103. Supervision.
7-104. Funds; city.
7-105. Funds; township.
7-106. Board; duties.
7-107. Existence.
7-108. Dissolution.
7-109. Fire chief; powers.
7-110. Private use of fire equipment.
7-111. Fire equipment; emergency right-of-way and use.
7-112. Same; fire hose.
7-113. Obstruction of fire hydrant.
7-114. False alarm.
Article 2. Fire Prevention
7-201. Open burning.
7-202. Accumulation of rubbish and trash.
7-203. Stacking of hay or straw.
7-204. Keeping of packing materials.
7-205. Storage of ashes.
7-206. Filling gasoline tanks of motor vehicles.
7-207. Fire hazards generally.
7-208. Same; inspections to discover.
7-209. Abatement of fire hazards; issuing order.
7-210. Same; service of order; records.
Article 3. Fireworks
7-301. Fireworks defined.
7-302. Fireworks prohibited.
7-303. Same; exceptions; discharges.
7-304. Permit for public fireworks display required.
7-305. Approved fireworks; bottle rockets prohibited.
7-306. Discharge on streets and public property prohibited.
7-307. Throwing prohibited.
7-308. Storage of fireworks; where prohibited.
7-309. Fire extinguishers required.
7-310. Restrictions as to gasoline installations.
7-311. Authority to confiscate.
CHAPTER 8. HEALTH AND WELFARE
Article 1. Health Nuisances
8-101. Nuisances unlawful; defined.
8-102. Public officer.
8-103. Complaints; inquiry and inspection.
8-104. Same; right of entry.
8-105. Order of violation.
8-106. Same; contents.
8-107. Failure to comply; penalty.
8-108. Abatement.
8-109. Hearing.
8-110. Costs assessed.
Article 2. Junked 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. Order of violation.
8-208. Same; contents.
8-209. Failure to comply; penalty.
8-210. Abatement.
8-211. Disposition of vehicle; recovery of vehicle.
8-212. Hearing.
8-213. 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. Insurance Proceeds Lien
8-501. Scope and application.
8-502. Lien created.
8-503. Same; encumbrances.
8-504. Same; pro rata basis.
8-505. Procedure.
8-506. Fund created; deposit of moneys.
8-507. Building inspector; investigation, removal of structure.
8-508. Removal of structure; excess moneys.
8-509. Same; disposition of funds.
8-510. Effect upon insurance policies.
8-511. Insurers; liability.
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. Rodent Control
8-701. Definitions.
8-702. Building maintenance.
8-703. Notice to rat-stop; when city to do work.
8-704. Failure to comply.
8-705. Replace rat-stoppage.
8-706. Notice to eradicate rats.
8-707. Conditions conducive to harborage of rats.
8-708. Inspections.
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.
11-102. Same; additions and amendments.
Article 2. Local Provisions
11-201. Loud sound amplification systems prohibited.
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 not allowed.
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. City Burn Site And City Solid Waste Disposal Area
12-201. Violations.
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.
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. Discharge of vegetation, dirt, waste, trash or other debris upon city streets.
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.
14-104. Deletions from the standard traffic ordinance.
14-105. Additions and amendments to the standard traffic ordinance.
Article 2. Local Traffic Regulations
14-201. Traffic control devices and markings.
14-202. Truck routes.
14-203. Amendments.
14-204. General penalties.
14-205. Prohibition of jake-braking and similar exhaust breaking systems.
Article 3. Abandoned Motor Vehicles On Public Property
14-301. Definitions.
14-302. Impounding vehicles.
14-303. Same.
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. Transportation of hazardous materials.
14-404. Hazardous materials routes.
14-405. Parking of vehicles or trailers carrying hazardous materials.
14-406. Removal of illegally parked trailers.
Article 5. Golf Carts/Microutility Trucks/Work Site Utility Vehicles
14-501. Definitions.
14-502. Operation of special purpose vehicles on city streets; special conditions and restrictions on operation.
14-503. Same; city registration required; duties and responsibilities; penalty.
14-504. Same; valid driver’s license required; penalty; duties and responsibilities.
14-505. Same; insurance required; penalty.
14-506. Penalty.
CHAPTER 15. UTILITIES
Article 1. General Provisions
15-101. Definition.
15-102. Furnishing utility services.
15-103. Billing and delinquency dates.
15-104. Refusal or disconnection of utility services.
15-105. Nonpayment of utility bills.
15-106. Hearings and orders.
15-107. Furnishing utility services joint liability.
15-108. Lien upon the premises.
15-109. Late charges and interest; reconnection fees and payment thereof.
15-110. Utility hookups.
15-111. Connection or reconnection.
15-112. Security deposits; residential customers.
15-113. Security deposits; commercial customers.
15-114. Transfer and transfer fee.
Article 2. Water
15-201. Supervision of water system.
15-202. Regulations.
15-203. Service not guaranteed.
15-204. Connections required.
15-205. Curb cocks.
15-206. Check valves.
15-207. Unauthorized service.
15-208. Cross connections prohibited.
15-209. Meters.
15-210. Same; testing.
15-211. Tampering with meter.
15-212. Leaks prohibited; penalty.
15-213. Interrupt service.
15-214. Prohibited acts.
15-215. Wasting water.
15-216. Right of access.
15-217. Rates for water service.
15-218. Use during fire.
Article 3. Electricity
15-301. Rates for electrical service.
15-302. Interconnection standards for customer-owned renewable electric generation facilities and distributed generation.
Article 4. Sewers
15-401. Definitions.
15-402. Sewer connection required.
15-403. Sewer connection.
15-404. Sewer for each building.
15-405(1). Same; specifications.
15-405(2). Same.
15-405(3). Same.
15-405(4). Same.
15-405(5). Same.
15-405(6). Same.
15-405(7). Same.
15-406. Sewer excavations: damages.
15-407. Failure to connect.
15-408. Privy unlawful.
15-409. Private sewer system.
15-410. Same; permit.
15-411. Same; inspection.
15-412. Same; discharge.
15-413. Same; additional requirements.
15-414. Disposal of sewage.
15-415. Damage to sewers.
15-416. Natural outlet.
15-417. Standards.
15-418. Old building sewers.
15-419. Mud, grease traps.
15-420. Roof, foundation drains.
15-421. Same; exception.
15-422. Prohibited discharges.
15-423. Sanitary sewer service.
Article 5. Solid Waste
15-501. Definitions.
15-502. Duty of owners or occupant.
15-503. Residential containers.
15-504. Commercial containers.
15-505. Miscellaneous waste.
15-506. Frequency of collection.
15-507. Collection equipment.
15-508. Prohibited practices.
15-509. Adopt regulations.
15-510. Commercial hauling.
15-511. Penalty.
Article 6. Gas
15-601. Monthly rates for gas service.
15-602. Gas pipeline safety regulations.
15-603. Leaks prohibited; penalty.
Article 7. Water Conservation
15-701. Purpose.
15-702. Definitions.
15-703. Declaration of Water Watch.
15-704. Declaration of Water Warning.
15-705. Declaration of Water Emergency.
15-706. Voluntary conservation measures.
15-707. Mandatory conservation measures.
15-708. Emergency water rates.
15-709. Regulations.
15-710. Violations. Disconnections and Penalties.
15-711. Emergency termination.
Article 8. Heating And Cooling Standards
15-801. Definitions.
15-802. New connections.
15-803. Standards.
CHAPTER 16. ZONING AND PLANNING
Article 1. City Planning Commission
16-101. Commission reestablishment.
16-102. Membership, Terms and Compensation.
16-103. Meetings, Organization and Records.
16-104. Powers and Duties.
16-105. Board of Zoning Appeals.
16-106. Budget.
Article 2. Board Of Zoning Appeals
16-201. Board created.
16-202. Vacancy.
16-203. Officers.
16-204. Rules and meetings.
16-205. Powers, duties.
16-206. Fee.
Article 3. Zoning Regulations
16-301. Zoning regulations incorporated.
16-302. Applications.
16-303. Penalties.
Article 4. Subdivision Regulations
16-401. Regulations incorporated.
16-402. Penalties.
APPENDIX A – CHARTER ORDINANCES
Charter Ordinance No. 939 (Repealed)
Charter Ordinance No. 951
Charter Ordinance No. 1058-98-4 (Repealed)
Charter Ordinance No. 1061
Charter Ordinance No. 1105
Charter Ordinance No. C-1216-15-06
Charter Ordinance No. C-1221-15-11
Charter Ordinance No. G-1227-16-05
Charter Ordinance No. C-1237-17-03
APPENDIX B – FRANCHISES
Ordinance No. 1156 (Telecom)
Ordinance No. 1173 (Telecom)
Ordinance No. G-1239-17-05 (Gas)