Chapter I · Administration

ARTICLE 1. GENERAL PROVISIONS

Sections 1-101 to 1-113 · 13 sections

1-101 Code designated.

The chapters, articles and sections herein shall constitute and be designated as the Code of the City of Sterling, Kansas, and may be so cited.

(Code 1972, 1-1; Code 1984)

1-102 Definitions.

In the construction of this code and 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 Sterling, in the County of Rice, in the State of Kansas.

(b)City Commission. - The words city commission, the commission, board of commissioners, commissioners, and governing body, shall mean the city commissioners of the City of Sterling, Kansas.

(c)Code - shall mean the Code of the City of Sterling, Kansas.

(d)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.

(e)County - shall mean the County of Rice in the State of Kansas.

(f)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.

(g)Gender. - Words importing the masculine gender include the feminine and neuter.

(h)In the city- shall mean and include all territory within the corporate limits of the City of Sterling, Kansas, and the police jurisdiction thereof and any other territory over which regulatory power has been conferred on the city by law, except as otherwise specified.

(i)Joint authority. - All words giving a joint authority to three or more officers or the persons shall be construed as giving such authority to a majority of such officers or persons, unless it is otherwise declared.

(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 - shall include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and in such cases, the words swear and sworn are equivalent to the words affirm and affirmed.

(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 - shall include a firm, partnership, association of persons, corporations, organization or any other group acting as a unit, as well as an individual.

(p)Property - shall include real, personal and mixed property.

(q)Roadway - shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic. .

(r)Shall, May. - Shall is mandatory and may is permissive.

(s)Sidewalk — shall mean any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

(t)Street - shall mean and include public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares ‘in the city dedicated or devoted to public use.

(u)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.

(v)Tense. - Words used in the past or present tense include the future as well as the past and present.

(w)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.

(x)Year - shall mean a calendar year, except where otherwise provided.

(Code 1972, 1-3; Code 1984)

1-103 Existing ordinances.

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.

(Code 1984)

1-104 Effect of repeal.

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.

(Code 1984)

1-105 Catchlines of sections.

The catchlines 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 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 catchline, is amended or reenacted.

(Code 1972, 1-2; Code 1984)

1-106 Parenthetical and reference matter.

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 mayor 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.

(Code 1972, 1-5; Code 1984)

1-107 Amendments; repeal.

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 Sterling is hereby amended to read as follows: (the new provisions shall then be set out in full). . .”

A new section not heretofore existing in the code may be added as follows:

“The code of the City of Sterling is hereby amended by adding a section (or article or chapter) which reads as follows: . . .(the new provisions shall 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 Sterling is hereby repealed.”

(K.S.A. 12-3004; Code 1972, 1-4; 1984)

1-108 Powers generally.

All powers exercised by cities of the second 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 1984)

1-109 City records.

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 statutes are incorporated herein by reference as if set out in full.

(Code 1984)

1-110 Altering code.

It shall be unlawful for any person 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 to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance passed by the governing body.

(Code 1984)

1-111 Scope of application.

Any person convicted of doing any of the acts or things prohibited, or 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 guilty of a violation of this code and punished in accordance with section 1-112. Each day any violation of this code continues shall constitute a separate offense.

(Code 1984)

1-112 General penalty.

Whenever any offense is declared by any provision of this code, absent a specific or unique punishment prescribed, the offender shall be punished in accordance with this section.

(a)A fine of not more than $1,000; or,

(b)Imprisonment in jail for not more than 179 days; or

(c)Both such fine and imprisonment not to exceed (a) and (b) above.

(Code 1990)

1-113 Severability.

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.

(Code 1972, 1-7; Code 1984)