CODE OF THE CITY OF MARQUETTE, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 606
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER I. 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. Incorporating code of procedure for Kansas cities.
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. 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. OATHS AND BONDS
1-401. Oath; affirmation.
1-402. Oaths filed.
1-403. Surety bonds.
1-404. Same; premiums.
1-405. Condition of bonds.
1-406. Approval of bonds.
ARTICLE 5. INVESTMENT OF PUBLIC FUNDS
1-501. Purpose and goals.
1-502. Active funds; designation of depositories; eligible depositories.
1-503. Definitions.
1-504. Investment of idle funds.
1-505. Procedures and restrictions.
1-506. Custody and safekeeping.
1-507. Sale or transfer.
1-508. Interest on time deposits.
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. REVENUE, FINANCE & COMMUNITY DEVELOPMENT
1-701. Main trafficway designations for bond financing purposes.
1-702. City sales tax; 1.0% for public streets.
1-703. Capital improvement fund.
1-704. Municipal equipment reserve fund.
ARTICLE 8. CITY ADMINISTRATOR
1-801. City administrator.
1-802. Powers, duties and responsibilities of city administrator.
1-803. Orders and reports.
CHAPTER II. ANIMAL CONTROL AND REGULATION
ARTICLE 1. DOGS
2-101. Definitions.
2-102. Prohibitions.
2-103. Requirements of all dog owners, or persons with care/custody and control of dog.
2-104. Tag, collar.
2-105. Vaccinations.
2-106. Rabies, notice.
2-107. Impoundment for violation of article.
2-108. Impoundment of dogs who have bitten a person.
2-109. Notice to owner, redemption.
2-110. Disposition of unclaimed or infected dogs.
2-111. Hindering impoundment.
2-112. Costs and penalties for violation of article.
2-113. Duties of the city.
2-114. Kennels.
2-115. Fees to general fund.
ARTICLE 2. OTHER ANIMALS
2-201. Exotic animals.
2-202. Other animals.
CHAPTER III. 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.
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.
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 IV. BUILDINGS AND CONSTRUCTION
ARTICLE 1. BUILDING STANDARDS AND PERMITS
4-101. Enforcing officer.
4-102. Same; report to governing body.
4-103. Building permits.
4-104. Same; plans and specifications.
4-105. Same; review.
4-106. Construction requirements.
4-107. Subdivision applications.
4-108. Permitting procedure.
4-109. Fees.
4-110. Inspections.
4-111. Same; inspections of framework.
4-112. Enforcement and penalties.
4-113. Amendments.
4-114. Flood prone areas.
ARTICLE 2. MOVING BUILDINGS
4-201. Building official; authority.
4-202. Permit required.
4-203. Same; application for permit.
4-204. Same; bond, insurance required.
4-205. Same; fee.
4-206. Route; duties of building official.
4-207. Notice to owners.
4-208. Duty of owners.
4-209. Interfering with poles; wires.
4-210. Display of lanterns.
ARTICLE 3. TEMPORARY HOUSING
4-301. Definitions.
4-302. Placement.
4-303. Exemptions.
4-304. Temporary permit.
CHAPTER V. BUSINESS REGULATIONS
ARTICLE 1. GENERAL REGULATIONS AND LICENSES
5-101. License required.
5-102. Application for license.
5-103. Not assignable or transferable.
5-104. License period; duration.
5-105. Exemption of farmers.
5-106. License fees.
5-107. Same; when payable; time period.
5-108. Payment of fees; receipt.
5-109. Contents of license.
5-110. Record book.
5-111. Display of license.
ARTICLE 2. SOLICITORS, CANVASSERS, PEDDLERS
5-201. Definitions.
5-202. License required.
5-203. Same; application required.
5-204. Issuance; county residents.
5-205. Same; investigation and issuance; non-county resident.
5-206. License fee; time limits; exemptions.
5-207. Renewal.
5-208. Denial, revocation or suspension of license; notice.
5-209. Appeal to governing body.
5-210. Regulations.
5-211. Use of streets and sidewalks.
5-212. Disturbing the peace.
CHAPTER VI. 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 VII. 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. FIRE PREVENTION
7-201. Fire limits.
7-202. Open burning.
7-203. Accumulation of rubbish and trash.
7-204. Stacking of hay or straw.
7-205. Keeping of packing materials.
7-206. Storage of ashes.
7-207. Filling gasoline tanks of motor vehicles.
7-208. Fire hazards generally.
7-209. Same; inspections to discover.
7-210. Abatement of fire hazards; issuing order.
7-211. Same; service of order; records.
ARTICLE 3. FIREWORKS
7-301. Fireworks defined.
7-302. Sale and discharge of fireworks.
7-303. Approved fireworks; bottle rockets prohibited.
7-304. Throwing prohibited.
7-305. Sale of fireworks; where prohibited.
7-306. Fire extinguishers required.
7-307. Restrictions as to gasoline installations.
7-308. Authority of fire chief.
7-309. Penalties.
CHAPTER VIII. HEALTH AND WELFARE
ARTICLE 1. HEALTH NUISANCES
8-101. Nuisances unlawful; defined.
8-102. Reporting agencies.
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. 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. Complaints; inquiry and inspection.
8-205. Notice of violation.
8-206. Same; contents.
8-207. Failure to comply; penalty.
8-208. Abatement.
8-209. Hearing.
8-210. Disposition of vehicle; recovery of vehicle.
8-211. 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. TREES AND SHRUBBERY
8-801. Removal of diseased or infected trees or shrubs.
8-802. Dead, diseased tree; nuisance.
8-803. Abatement of nuisance.
8-804. Public tree care.
8-805. Pruning, corner clearance.
8-806. Removal of tree materials.
CHAPTER IX. 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 X. 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 XI. PUBLIC OFFENSES
ARTICLE 1. UNIFORM OFFENSE CODE
11-101. Uniform public offense code incorporated.
ARTICLE 2. LOCAL PROVISIONS
11-201. Curfew.
11-202. Skateboarding.
11-203. Dancing.
11-204. Disorderly conduct.
11-205. Loitering.
11-206. Lurking or Prowling.
11-207. Disturbing the peace.
CHAPTER XII. 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.
ARTICLE 2. PARK AND TREE BOARD
12-201. Creation and establishment.
12-202. Term of office
12-203. Compensation
12-204. Duties and responsibilities
12-205. Operation.
12-206. Review by city council
ARTICLE 3. RECREATION BOARD
12-301. Creation and establishment.
12-302. Term of office.
12-303. Compensation.
12-304. Duties and responsibilities.
12-305. Operation.
12-306. Review by City Council.
CHAPTER XIII. 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.
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 XIV. 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 (Reserved)
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. SPECIAL PURPOSE VEHICLES
14-401. Definitions.
14-402. Operation of special purpose vehicles on city streets; special conditions and restrictions on operation.
14-403. Same; age requirement; penalty; duties and responsibilities.
14-404. All-terrain vehicles; additional requirements.
14-405. ATV and UTV requirements.
14-406. Registration.
14-407. Penalty.
CHAPTER XV. UTILITIES
ARTICLE 1. GENERAL PROVISIONS
15-101. Definition.
15-102. Termination of utility service.
15-103. Appointment of standing committee.
15-104. Notice of hearing.
15-105. Payment of account.
15-106. Utility deposit.
15-107. Delinquent accounts; refusal of service; termination of service; lien against property.
15-108. Landlord liability.
15-109. Petty cash fund.
15-110. Same; deposits.
15-111. Same; vouchers.
ARTICLE 2. WATER
15-201. Superintendent of water and sewage.
15-202. Regulations.
15-203. Service not guaranteed.
15-204. Service connections required.
15-205. Application for service.
15-206. City to make connections.
15-207. Connection fees.
15-208. Curb cocks.
15-209. Check valves.
15-210. Unauthorized service.
15-211. Meters.
15-212. Same; testing.
15-213. Tampering with meter.
15-214. Leaks prohibited; penalty.
15-215. Disconnection, reconnection charge.
15-216. Utility deposit.
15-217. Interrupt service.
15-218. Prohibited acts.
15-219. Wasting water.
15-220. Right of access.
15-221. Rates.
15-222. Payment of bills.
15-223. Delinquent accounts; notice; hearing; finding; liability.
15-224. Use during fire.
15-225. Cross-connections prohibited.
15-226. Same; protective backflow devices required.
15-227. Same; inspection.
15-228. Same; protection from contaminants.
15-229. Same; regulations incorporated by reference.
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.
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. Prohibited discharges.
15-326. Bills.
15-327. Delinquent accounts; lien against property.
15-328. Sewer service charge.
ARTICLE 4. SOLID WASTE
15-401. Definitions.
15-402. Control of solid waste.
15-403. Collection of solid waste.
15-404. Time of collections.
15-405. Place of collections.
15-406. Containers.
15-407. Polycart system.
15-408. Charges for collections.
15-409. Billings.
15-410. Prohibited practices.
15-411. Collection prohibited without contract; exceptions.
15-412. Criminal penalties.
15-413. Civil penalties.
CHAPTER XVI. 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.
ARTICLE 3. MANUFACTURING HOUSING
16-301. Definitions.
16-302. Residential design manufactured homes.
16-303. Non-residential designed homes.
16-304. Map of lots where permitted.
16-305. Placement of manufacture housing units.
16-306. Restrictions relating to lot size.
16-307. General requirements.
ARTICLE 4. FLOODPLAIN MANAGEMENT
16-401. Floodplain management ordinance incorporated.
APPENDIX A – CHARTER ORDINANCES
CHARTER ORDINANCE NO. 1
CHARTER ORDINANCE NO. 2002-1
CHARTER ORDINANCE NO. 2004-1
CHARTER ORDINANCE NO. 2008-1
CHARTER ORDINANCE NO. 2011-1
CHARTER ORDINANCE NO. 2017-1
CHARTER ORDINANCE NO. 2023-003
APPENDIX B – FRANCHISES
ORDINANCE NO. 544
ORDINANCE NO. 546
ORDINANCE NO. 547