CODE OF THE CITY OF OVERBROOK, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 409
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.
1-209. Compensation for governing body.
Article 3. Officers and Employees
1-301. Appointments.
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 5. Open Records
1-501. Policy.
1-502. Record custodians.
1-503. Public request for access.
1-504. Facilities for public inspection.
1-505. Procedures for inspection.
1-506. Appointment of official custodians.
1-507. Duties of custodians.
1-508. Requests to be directed to custodians.
1-509. Fee administration.
1-510. Inspection fee.
1-511. Request for record fees.
1-512. Prepayment of fees.
Article 7. Revenue, Finance & Community Development
1-701. Employee benefits contribution fund.
1-702. Main trafficway designations for bond financing purposes.
1-703. City sales tax; 1% for general purposes.
Article 8. Recreation Commission
1-801. Creation of Recreation Commission.
1-802. Annual budget; hearing; notice; tax levy; increase in levy, subject to protest; annual audit, when required.
1-803. Powers and duties of the Recreation Commission.
Article 9. Land Bank
1-901. Purpose.
1-902. Definitions.
1-903. Establish Land Bank.
1-904. Establish Land Bank board of trustees; appointment, terms and dissolution.
1-905. Land Bank board of trustees; powers and duties.
1-906. Land Bank's operational requirements.
1-907. Land Bank; organization.
CHAPTER II. ANIMAL CONTROL AND REGULATION
Article 1. General Provisions
2-101. Purpose.
2-102. Registration; vaccinations.
2-103. Kennels.
2-104. Vicious animals.
2-105. Animal bites and rabies control.
2-106. Animals running at large.
2-107. Barking dogs.
2-108. Animal confines; shelters.
2-109. Cruelty to animals.
2-110. Tethering of animals.
2-111. Death of animals.
2-112. Removal of animal feces off the owner’s property.
2-113. Wild or exotic animals.
2-114. Feeding of waterfowl.
2-115. Keeping of Domestic Fowl Regulated.
2-116. Keeping Livestock in City.
2-117. Miniature pot-belly pigs.
2-118. Trap-Neuter-Release of feral cats.
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.
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.
CHAPTER IV. BUILDINGS AND CONSTRUCTION
Article 1. Fire Limits
4-101. Fire limits established.
Article 2. Display of Building and House Numbers
4-201. Requirements.
4-202. Same; numbering.
4-203. Same; dispute.
4-204. Same; sizing.
4-205. Same.
4-206. Same; Penalty.
CHAPTER V. BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
5-101. Statement of purpose.
5-102. Definitions.
5-103. Registration required.
5-104. Same application.
5-105. Same; additional information.
5-106. Same; fee.
5-107. Investigation: issuance or denial.
5-108. Appeal.
5-109. Business regulations.
5-110. Disclosure.
5-111. Revocation; appeal.
5-112. Exemptions.
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. Fireworks
7-101. Fireworks defined.
7-102. Fireworks prohibited.
7-103. Same; exceptions; discharges.
7-104. Same; exception; sale of fireworks.
7-105. Permit for sale of fireworks required; fee; issuance.
7-106. Permit for public fireworks display required.
7-107. Approved fireworks; bottle rockets prohibited.
7-108. Discharge on streets and public property prohibited.
7-109. Throwing prohibited.
7-110. Sale of fireworks; where prohibited.
7-111. Retail display of fireworks.
7-112. Fire extinguishers required.
7-113. Restrictions as to gasoline installations.
7-114. Authority of police 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. 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 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. Overhanging, Dangerous or Dead Tree Nuisances
8-601. Overhanging, dangerous, or dead tree nuisance.
8-602. Public officer.
8-603. Complaints; inquiry and inspection.
8-604. Right of entry.
8-605. Order of violation.
8-606. Same; contents.
8-607. Failure to comply; penalty.
8-608. Abatement.
8-609. Hearing.
8-610. Costs assessed.
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.
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.
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. Loud sound amplification systems prohibited.
11-203. Lewd or indecent behavior.
11-204. Bikes, boards and skates on sidewalks.
Article 3. Drugs
11-301. Drug Crimes.
11-302. Drug Paraphernalia.
11-303 Possession of marijuana.
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 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.
12-120. Smoking/Tobacco use regulated at City Sports Fields.
Article 2. City Lakes
12-201. Overbrook Lake; size and creel limits.
12-202. State regulations.
12-203. Boating.
12-204. Prohibited activities.
12-205. Times when activities are allowed.
12-206. Boating.
12-207. Children’s Fishing Pond.
CHAPTER XIII. TRAFFIC
Article 1. Standard Traffic Ordinance
13-101. Standard traffic ordinance incorporated.
13-102. Traffic infractions and traffic offenses.
13-103. Penalty for scheduled fines.
Article 2. Local Traffic Regulations
13-201. Speed limits.
13-202. One-way streets.
13-203. Closure of Oak Street between 7th Street and 8th Street.
Article 3. Work Site Utility Vehicles/ATV/Golf Carts
13-301. Operation of work site utility vehicles; penalty.
13-302. Same; valid driver’s license required; penalty.
13-303. Operation of all-terrain vehicle or golf cart.
13-304. Same; roadways laned for traffic.
13-305. Same; clinging to other vehicles prohibited.
13-306. Same; equipment on all-terrain vehicles and golf carts for passengers.
13-307. Same; penalties.
13-308. Same; valid driver’s license required; penalty.
CHAPTER XIV. UTILITIES
Article 1. General Provisions
14-101. Definition.
14-102. Delinquent accounts and charges.
14-103. Notice; hearing.
14-104. Same; finding.
14-105. Utility deposit.
14-106. Delinquent accounts; refusal of service; termination of service; lien against property.
14-107. Landlord liability.
14-108. Petty cash fund.
14-109. Same; deposits.
14-110. Same; vouchers.
14-111. Curbside recycling; billing.
14-112. Water meter replacement fee schedule.
Article 2. Water
14-201. Superintendent of water and sewage.
14-202. Regulations.
14-203. Service not guaranteed.
14-204. Service connections required.
14-205. Application for service.
14-206. City to make connections.
14-207. Connection fees; security deposit.
14-208. Curb cocks.
14-209. Check valves.
14-210. Unauthorized service.
14-211. Meters.
14-212. Same; testing.
14-213. Tampering with meter.
14-214. Leaks prohibited; penalty.
14-215. Disconnection, reconnection charge.
14-216. Utility deposit.
14-217. Interrupt service.
14-218. Prohibited acts.
14-219. Wasting water.
14-220. Right of access.
14-221. Rates.
14-222. Payment of bills.
14-223. Delinquent accounts; water.
14-224. Use during fire.
Article 3. Sewers
14-301. Definitions.
14-302. General provisions.
14-303. Public and private sewers.
14-304. Sewer connections.
14-305. Unlawful discharges.
14-306. Damaging sewers.
14-307. Actions by city.
14-308. Penalty.
14-309. Sewer service charge.
Article 4. Cross Connections
14-401. Purpose.
14-402. Cross connections prohibited.
14-403. Protective backflow preventers required.
14-404. Inspection.
14-405. Protection from contaminants.
14-406. Incorporation by reference.
Article 5. Solid Waste
14-501. Solid waste storage.
14-502. Collection of solid waste.
14-503. Disposal of solid waste.
14-504. Permits.
14-505. Prohibited practices.
14-506. Service charges.
14-507. Penalties.
14-508. Management and operation.
14-509. Severability clause.
14-510. Definitions.
Article 6. Water Drought/Emergency
14-601. Purpose.
14-602. Definitions.
14-603. Declaration of water watch.
14-604. Declaration of water warning.
14-605. Declaration of water emergency.
14-606. Voluntary conservation measures.
14-607. Mandatory conservation measures.
14-608. Emergency water rates.
14-609. Regulations.
14-610. Violations, disconnections and penalties.
14-611. Emergency termination.
Article 7. Stormwater Management
14-701. Stormwater Management Utility established.
14-702. Definitions.
14-703. Stormwater user fee imposed.
14-704. Billing.
14-705. Schedule of rates.
14-706. Delinquent charges; termination.
14-707. Rules and regulations.
14-708. Appeals.
CHAPTER XV. ZONING AND PLANNING
Article 1. City Planning Commission/Board of Zoning Appeals
15-101. Commission re-establishment.
15-102. Membership, terms, interest and compensation.
15-103. Meetings, officers and records.
15-104. Powers and duties.
15-105. Board of zoning appeals.
15-106. Budget.
15-107. Comprehensive plan.
Article 2. Zoning Regulations
15-201. Zoning regulations incorporated.
Article 3. Floodplain Management
15-301. Floodplain management ordinance 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 (Repealed)
Charter Ordinance No. 9
Charter Ordinance No. 10 (Repealed)
Charter Ordinance No. 11
Charter Ordinance No. 12
Charter Ordinance No. 13
Charter Ordinance No. 14
Charter Ordinance No. 15
Charter Ordinance No. 16
Charter Ordinance No. 17
Charter Ordinance No. 18
Charter Ordinance No. 19
APPENDIX B – FRANCHISES
Ordinance No. 199 / 233 / 281 / 348 (Cable)
Ordinance No. 242 / 259 (Telecom)
Ordinance No. 390 (Electric)
Ordinance No. 393 (Gas)
Ordinance No. 432 (Telecom)
APPENDIX C – ZONING REGULATIONS
Article 1 ‐ Title and Jurisdiction
Article 2 ‐ Purpose and Intent
Article 3 ‐ Rules
Article 4 ‐ Definitions
Article 5 ‐ General Provisions
Article 6 ‐ District Regulations
Residential Districts
Business Districts – General
Public Use Districts
Article 7 ‐ Supplementary District Regulations
Article 8 ‐ Off‐Street Parking and Loading Regulations
General Provisions:
Layout and Design Requirements:
Maintenance:
Required Spaces:
Special Uses
Article 9 ‐ Sign Regulations
Nonconforming Signs:
Permit Required:
Classification of Signs:
General Standards:
Prohibited Signs:
Temporary Portable Display Signs:
Temporary Signs:
Maintenance:
Office Parks, Shopping Centers and Planned Districts:
District Regulations:
Article 10 ‐ Nonconformities
General:
Nonconforming Lots of Record:
Nonconforming Structures:
Nonconforming Uses:
Status of Special Uses:
Article 11 ‐ Special Use Permits
General Considerations:
Procedures:
Standards for Issuance of Special Use Permits:
Additional Conditions for Particular Special Uses:
Article 12 ‐ Site Plan Review and Building Permits
Site Plan Review
Building Permits
Article 13 ‐ Floodplain (FP) Management
Statutory Authorization:
General Provisions:
Administration:
Provisions for Flood Hazard Reduction:
Floodplain Management Variance Procedures:
Penalties for Violation:
Amendments:
Definitions:
Article 14 ‐ Board of Zoning Appeals
Article 15 ‐ Amendments
Article 16 ‐ Administration
Article 17 ‐ Violations and Penalties
Violations:
Enforcement and Remedies:
Enforcement Procedures:
Appendix A ‐ Listing of Uses by Zoning District
Appendix B ‐ Forms