Chapter 1 · Administration

Article 1. General Provisions

Sections 1-101 to 1-120 · 20 sections

1-101 Code designated.

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

(Ord. 432; Code 2018, 1-1; Code 2025)

1-102 Definitions.

In the construction of this code and of 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 city council or the context clearly requires otherwise:

(a)Bond. When a bond is required, an undertaking in writing shall be sufficient.

(b)City shall mean the City of Clearwater, Kansas.

(c)Code shall mean “The Code of the City of Clearwater, Kansas.”

(d)Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be a Saturday, Sunday, or legal holiday, that day shall be excluded.

(e)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 actor perform the required duty unless the terms of the provision designate otherwise.

(f)Governing Body shall be construed to mean the mayor and city council of the City of Clearwater.

(g)County means the County of Sedgwick in the State of Kansas.

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

(i)In the city shall mean and include all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

(j)Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

(k)Month shall mean a calendar month.

(l)Number. Words used in the singular include the plural and words used in the plural include the singular.

(m)Oath includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the word “swear” is equivalent to the word “affirm.”

(n)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 of Clearwater, unless the context clearly indicates otherwise.

(o)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.

(p)Person includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual.

(q)Property includes real, personal and mixed property.

(r)Real Property includes lands, tenements and hereditaments, and all rights thereto and interest therein, equitable as well as legal.

(s)Shall, may. “Shall” is mandatory and “may” is permissive.

(t)Sidewalk means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

(u)Signature, subscription includes a mark when the person cannot write, when his or her name is written near such mark and is witnessed by a person who writes his or her own name as a witness.

(v)State shall be construed to mean the State of Kansas.

(w)Street means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city.

(x)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.

(y)Tenses. Words used in the past or present tense include the future as well as the past and present.

(z)Writing or written may 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.

(aa)Year means a calendar year, except where otherwise provided.

(Code 2018, 1-2; Code 2025)

1-103 Existing ordinances.

The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.

(Code 2018, 1-5; Code 2025)

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 2018, 1-11; Code 2025)

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.

(Ord. 432; Code 2018, 1-4; Code 2025)

1-106 Parenthetical and reference matter.

The matter in parenthesis at the ends of sections is for information only and is not a part of the code. Citations indicate only the source and the text may or 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 parenthesis is for information only and is not a part of this code.

(Code 2025)

1-107 Amendments; repeal.

Any portion of this code may be amended by specific reference to the section number as follows:

“Section (or article or chapter) ___ of the code of the City of Clearwater 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 Clearwater 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 Clearwater is hereby repealed.”

(Code 2018, 1-7; K.S.A. 12-3004; Code 2025)

1-108 Powers generally.

All powers exercised by cities of the third 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 2025)

1-109 Ordinances.

The governing body shall have the care, management and control of the city and its finances, and shall pass all ordinances needed for the welfare of the city. All ordinances shall be valid when a majority of all the members-elect of the city council shall vote in favor. Where the number of favorable votes is one less than required, the mayor shall have power to cast the deciding vote in favor of the ordinance.

(K.S.A. 12-3002; Code 2025)

1-110 Same; subject and title; amendment.

No ordinance shall contain more than one subject, which shall be clearly expressed in its title; and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed.

(K.S.A. 12-3004; Code 2025)

1-111 Same; publication.

(a)No ordinance, except those appropriating money, shall be in force until published in the official city newspaper by the city clerk. One publication of any such ordinance shall be sufficient unless additional publications are required by statute or ordinance. The publisher of the newspaper shall prefix such published ordinance by a line in parentheses stating the month, day and year of such publication.

(b)In lieu of full publication of an ordinance pursuant to this section, a city may opt to publish a summary of the ordinance so long as:

(1)The publication is identified as a “summary” and contains notice that the complete text of the ordinance may be obtained or viewed free of charge at the office of the city clerk;

(2)the city attorney certifies the summary of the ordinance prior to publication to ensure that the summary is legally accurate and sufficient; and

(3)the publication contains the city’s official website address where a reproduction of the original ordinance is available for a minimum of one week following the summary publication in the newspaper. If an ordinance is subject to petition pursuant to state law, then the summary shall contain a statement that the ordinance is subject to petition.

(K.S.A. 12-3007; Code 2025)

1-112 Same; ordinance book.

Following final passage and approval of each ordinance, the city clerk shall enter the same in the ordinance book of the city as provided by law. Each ordinance shall have appended thereto the manner in which the ordinance was passed, the date of passage, the page of the journal containing the record of the final vote on its passage, the name of the newspaper in which published and the date of publication.

(K.S.A. 12-3008; Code 2025)

1-113 Resolutions, motions.

Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the city council.

(Code 2025)

1-114 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 is incorporated by reference herein as if set out in full.

(K.S.A. 12-120:121; Code 2025)

1-115 Altering code.

It shall be unlawful for any person, firm or corporation 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 laws of the City of Clearwater to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance duly adopted-by the governing body.

(Code 2025)

1-116 Scope of application.

Any person convicted of doing any of the acts or things prohibited, 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 in violation of this code and punished in accordance with section 1-117. Each day any violation of this code continues shall constitute a separate offense.

(Code 2025)

1-117 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 2018, 1-14; Code 2025)

1-118 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 1974, § 1.01.100; Ord. 432; Code 2018, 1-13; Code 2025)

1-119 Right of entry for inspection.

Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he shall give the owner and/or occupant, if they can be located after reasonable effort, 24 hours’ written notice of the authorized official’s intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Code 2018, 1-15)

1-120 Prohibited acts include causing, permitting, etc.

Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(Code 2018, 1-16)