CODE OF THE CITY OF HAVEN, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 682
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; duties and responsibilities.
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. Revenue, Finance & Community Development
1-401. City sales tax; 0.50% for emergency medical purposes expiring after 10 years.
Article 5. Oaths And Bonds
1-501. Oath; affirmation.
1-502. Oaths filed.
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. 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.
CHAPTER II. ANIMAL CONTROL AND REGULATION
Article 1. General Provisions
2-101. Definitions.
2-102. Cruelty to animals.
2-103. Same; exceptions.
2-104. Nuisance; animal activities prohibited.
2-105. Repealed.
2-106. Animal confines; shelters.
2-107. Vicious animals.
2-108. Running at large.
2-109. Limit on number of dogs and cats.
Article 2. Dogs
2-201. Registration and vaccination required; fee (through December 31, 2019).
2-201a. Registration and vaccination required; fee (effective January 1, 2020).
2-202. Dog tags.
2-203. Running at large; fine.
2-204. Impoundment; record; notice; redemption; minimum fee.
2-205. Disposition of unclaimed dogs.
2-206. Confinement of dogs in heat.
2-207. Repealed.
Article 3. Other Animals
2-301. Exotic 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.
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.
3-404. Penalty.
Article 5. Drinking Establishments
3-501. License required.
3-502. License fee.
3-503. Business regulations.
3-504. Penalty.
Article 6. Temporary Permits
3-601. Permit required.
3-602. Permit fee.
3-603. City temporary permit.
3-604. Permit regulations.
3-605. Penalty.
CHAPTER IV. BUILDINGS AND CONSTRUCTION
Article 1. Building Code
4-101. Adoption of various building codes.
4-102. Amendments and Revisions.
4-103. Uniform street numbering.
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. Swimming Pools
4-301. Compliance Required.
4-302. Definition.
4-303. Security.
4-304. Sanitation.
4-305. Enforcement.
4-306. Penalties.
CHAPTER V. BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
5-101. Definitions.
5-102. License required.
5-103. Same; application required.
5-104. Same; Fee.
5-105. License issuance; identification.
5-106. Street peddlers.
5-107. Fraud.
5-108. Private property.
5-109. Charitable organization exemption.
5-110. Penalty.
Article 2. Sign Regulations
5-201. Sign regulations incorporated.
5-202. Penalties.
Article 3. Mobile Home Parks
5-301. Definitions.
5-302. License to operate.
5-303. Application; fee.
5-304. Prerequisites to Issuance.
5-305. Rights and authority conveyed.
5-306. Revocation.
5-307. Attendant required; duties thereof.
5-308. Location in connection with drainage.
5-309. Space required for each trailer.
5-310. Water Supply.
5-311. Service buildings.
5-312. Disposal of sewage and other water-carried wastes.
5-313. Cleanliness of trailer coach areas.
5-314. Electrical outlets.
5-315. Patio.
5-316. Penalties.
5-317. License to operate; location.
Article 4. Oil And Gas Wells
5-401. Gas and gas wells in city limits.
5-402. Penalty.
Article 5. Junk Yards And Dealers
5-501. License required.
5-502. License fee.
5-503. Fencing required.
5-504. Location.
5-505. License issued.
5-506. License term; transfer; revocation.
5-507. Licensee without permanent location.
5-508. Violation; penalty.
Article 6. Impound Lots
5-601. Impound lot maintained.
5-602. Facility annexed, compliance.
5-603. Timing of placement.
5-604. Fencing required.
5-605. Violation; fine.
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. Nomination petition.
CHAPTER VII. FIRE
Article 1. Fire Prevention
7-101. Accumulation of rubbish and trash.
7-102. Stacking of hay or straw.
7-103. Keeping of packing materials.
7-104. Storage of ashes.
7-105. Filling gasoline tanks of motor vehicles.
7-106. Fire hazards generally.
7-107. Same; inspections to discover.
7-108. Abatement of fire hazards; issuing order.
7-109. Same; service of order; records.
7-110. Open burning.
Article 2. Fireworks
7-201. Fireworks defined.
7-202. Fireworks prohibited.
7-203. Same; exceptions; discharges.
7-204. Same; exception; sale of fireworks.
7-205. Permit for sale of fireworks required; fee; issuance.
7-206. Permit for public fireworks display required.
7-207. Approved fireworks; bottle rockets prohibited.
7-208. Discharge on streets and public property prohibited.
7-209. Throwing prohibited.
7-210. Sale of fireworks; where prohibited.
7-211. Retail display of fireworks.
7-212. Fire extinguishers required.
7-213. Restrictions as to gasoline installations.
7-214. Authority of fire chief.
CHAPTER VIII. 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. Junk nuisance unlawful.
8-202. Definitions.
8-203. Presumption.
8-204. Penalty.
Article 3. Weeds
8-301. Weeds to be removed.
8-302. Penalty.
8-303. Notice to cut.
8-304. Assignment of cost of abatement.
8-305. Yearly notice.
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. Vehicles For Storage
8-801. Unlawful use of vehicles for storage.
8-802. Exception for lawful parking.
8-803. Violation; penalty.
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.
9-113. Probation Fee.
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. Harassment by telephone.
11-203. Criminal damage to property.
11-204. Loud sound amplification in vehicles.
Article 3. Crimes and Offences Against the Public Peace
11-301. Unlawful public intoxication.
11-302. Public nudity.
11-303. Urinating/defecating in public.
CHAPTER XII. PUBLIC PROPERTY
Article 1. City Parks
12-101. Hours of use.
12-102. Tobacco use prohibited.
CHAPTER XIII. STREETS AND SIDEWALKS
Article 1. Sidewalks
13-101. Construction standards.
13-102. Sidewalk grade and line required.
13-103. Variance from Standards.
13-104. Handicap accessibility.
13-105. Inspection of work.
13-106. Removal of sidewalk prohibited.
13-107. Right of abutting owner; failure to repair.
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. Definitions.
13-302. Creation and establishment of a City Tree Board.
13-303. Term of office.
13-304. Compensation.
13-305. Duties and responsibilities.
13-306. Operation.
13-307. Street tree specified to be planted
13-308. Spacing.
13-309. Distance from curb and sidewalk.
13-310. Distance from street corners and fireplugs.
13-311. Utilities.
13-312. Public tree care.
13-313. Tree topping.
13-314. Pruning, corner clearance.
13-315. Payment for street tree trimming.
13-316. Cost-sharing of street tree planting.
13-317. Dead or diseased tree removal on private property.
13-318. Removal of stumps.
13-319. Interference with city tree board.
13-320. Arborists license and bond.
13-321. Review by city commission.
13-322. Penalty.
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.
Article 5. Grass Clippings, Leaves, and Other Debris
13-501. Raking, sweeping, or otherwise moving grass, leaves, paper, etc., into streets, gutters, or drainage ditches.
13-502. Sidewalks to be kept clean by abutting property owners or occupants.
13-503. Penalty.
13-504. Notice to clean.
13-505. Assignment of cost of cleaning.
CHAPTER XIV. TRAFFIC
Article 1. Standard Traffic Ordinance
14-101. Standard traffic ordinance incorporated.
14-102. Traffic infractions and traffic offenses.
14-103. Changes to Standard Traffic Ordinance.
Article 2. Local Traffic Regulations.
14-201. Speed limits.
14-202. School zone parking.
14-203. Heavy vehicles; hazardous materials.
14-204. Federal Motor Carrier Regulations incorporated.
14-205. Prohibited Parking.
14-206. J Turns and U Turns
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. Parade Regulations
14-401. Definition.
14-402. Permit Required; fees.
14-403. Prohibitions.
14-404. Public conduct during parades.
14-405. Penalty.
Article 5. All-Terrain Vehicles
14-501. Definition.
14-502. Unlawful Operation of All-Terrain Vehicle.
Article 6. Special Purpose Vehicles
14-601. Definition.
14-602. Operation of special purpose vehicles on city streets; special conditions and restrictions on operation.
14-603. Same; valid driver’s license required; penalty; duties and responsibilities.
14-604. Same; insurance required; penalty.
14-605. Same; penalty.
CHAPTER XV. UTILITIES
Article 1. General Provisions
15-101. Definition.
15-102. Discontinuance or refusal of utility services.
15-103. Utility deposit required.
15-104. Utility billing dates; delinquency date.
15-105. Non-payment of utility bills.
15-106. Discontinuance of Utility Service.
15-107. Lien upon customer’s property.
15-108. Late payment charges and reconnection fees.
15-109. Utility meters; obstruction of access.
Article 2. Water
15-201. Regulations.
15-202. Service not guaranteed.
15-203. Service connections required.
15-204. Application for service.
15-205. Extension of water lines.
15-206. City to make connections, repairs to system.
15-207. Application for water service.
15-208. Rates.
15-209. Disconnection, reconnection charge.
15-210. Meters.
15-211. Tampering with meter.
15-212. Leaks.
15-213. Unauthorized service.
15-214. Water service maintenance.
15-215. Interruption of Service.
15-216. Prohibited acts.
15-217. Wasting water.
15-218. Right of Access.
15-219. Trenching and backfilling.
15-220. Check Valves.
15-221. Backflow prevention and cross-connection regulations, incorporation by reference.
15-222. Prohibited construction near water source; violation.
Article 3. Sewers
15-301. Definitions.
15-302. Discharge prohibited.
15-303. Privies; prohibited.
15-304. Property owners; sewers required.
15-305. Private sewage system.
15-306. Unauthorized connection.
15-307. Sewer permit.
15-308. Cost borne by property owner.
15-309. Existing sewers for new construction.
15-310. Size and slope.
15-311. Sewage lift.
15-312. Surface runoff; groundwater.
15-313. Sewer connection.
15-314. Supervision of connection.
15-315. Sewer excavations; damage.
15-316. Waters and waste prohibited.
15-317. Other substances prohibited.
15-318. Discharge; pre-treatment required.
15-319. Grease, oil, sand interceptors.
15-320. Pre-treatment facilities.
15-321. Manhole required.
15-322. Measurements, tests and analyses.
15-323. Special agreement with City.
15-324. Tampering with sewer.
15-325. Public Works Director; authorization; duties.
15-325. Violation; fine.
Article 4. Solid Waste
15-401. City to contract collection services.
15-402. Defining and classifying garbage, refuse, and trash.
15-403. Responsibility of owners and tenants on premises.
15-404. Residential collection service; general regulations.
15-405. Disposal of refuse; unlawful acts.
15-406. Trash fires.
15-407. Service fees.
15-408. Sanitation charges; billings; collection; failure to pay.
15-409. Penalty.
Article 5. Water Conservation
15-501. Purpose.
15-502. Definitions.
15-503. Declaration of a water watch.
15-504. Declaration of a water warning.
15-505. Declaration of a water emergency.
15-506. Voluntary conservation measures.
15-507. Mandatory conservation measures.
15-508. Emergency water rates.
15-509. Regulations.
15-510. Violations, disconnections and penalties.
15-511. Emergency termination.
Article 6. Electricity
15-601. Application for Service.
15-602. Reserved.
15-603. Equipment to be Installed by City.
15-604. Inspection.
15-605. Underground Service.
15-606. Rates.
15-607. Reserved.
15-608. Tampering; penalty.
15-609. Unlawful transfer or diversion of electric current.
15-610. Interconnection standards for customer-owned generation facilities.
Article 7. Purchase of Water from Fire Hydrants
15-701. Allowed use.
15-702. Application.
15-703. Issuance of hydrant meter and permit.
15-704. Length of issuance and exchange.
15-705. Deposit and rates.
15-706. Reporting.
15-707. Use of approved fire hydrant wrench, required.
15-708. Inspection.
15-709. Damaged to metering device.
15-710. Theft of metering device.
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.
16-107. Comprehensive plan incorporated.
Article 2. Zoning Regulations
16-201. Zoning regulations incorporated.
16-202. Official zoning map incorporated.
Article 3. Floodplain Management
16-301. Floodplain management ordinance incorporated.
APPENDIX A – CHARTER ORDINANCES
Charter Ordinance No. 1
Charter Ordinance No. 2
Charter Ordinance No. 3
Charter Ordinance No. 555
Charter Ordinance No. 558
Charter Ordinance No. 650
Charter Ordinance No. 652
Charter Ordinance No. 703
Charter Ordinance No. 704
APPENDIX B – FRANCHISES
Ordinance No. 507 (Telecom)
Ordinance No. 560 (Gas)
Ordinance No. 654 (Telecom)