Chapter 1 · Administration

Article 1. General Provisions

Sections 1-101 to 1-117 · 17 sections

1-101 Code designated.

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

(Code 1983)

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 governing body or the context clearly requires otherwise:

(a)City — shall mean the City of Beloit, Kansas.

(b)Code — shall mean the Code of the City of Beloit, Kansas.

(c)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 Saturday, Sunday or legal holiday, that day shall be excluded.

(d)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 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.

(e)Governing Body — means the mayor and those elected members of the city council or those members appointed to fill a vacancy on the council as provided in K.S.A. 14-201.

(f)County — means the County of Mitchell in the State of Kansas.

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

(h)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 policy or other regulatory powers.

(i)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.

(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 — includes an affirmation in all cases in which, by law, an affirmation for an oath, and in such cases the word swear is equivalent to the word affirm.

(m)Officers department 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 — includes a firm, partnership, association of persons, corporations, organization or any other group acting as a unit, as well as an individual.

(p)Property — includes real, personal and mixed property.

(q)Shall, may. Shall is mandatory, and may is permissive.

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

(s)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.

(t)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 part of such building or land, whether alone or with others.

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

(v)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.

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

(Code 1983)

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 1983)

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 1983)

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 1983)

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 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 parentheses is for information only and is not a part of this code.

(Code 1983)

1-107 Amendments; repeal.

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

That section _______ of the Code of the City of Beloit is hereby amended to read as follows: (the new provision shall then be set out in full.)

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

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

(K.S.A. 12-3004; Code 1983)

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 1983)

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 thereof. Where the number of favorable votes is one less than required, the mayor shall have the power to cast the deciding vote in favor of the ordinance.

(K.S.A. 12-3002; Code 1983)

1-110 Meetings.

(a)The Governing Body shall have regular meetings on the first and third Wednesdays of each month in the Municipal Building in the City of Beloit, Kansas, beginning at 7:00 p.m. In the event the regular meeting day shall be a legal holiday, the Governing Body shall meet on the next regular working day at the same place and time.

(b)Special meetings may be called by the mayor at any time upon written request of three members of the council. The request shall state the matters to be discussed at such special meeting and no other matters may be considered at such meeting.

(K.S.A. 14-111; Ord. No. 2066, Secs.1:2; Ord. 2270)

1-111 Quorum.

A majority of the members elect of the governing body shall constitute a quorum.

(Code 1983)

1-112 Reserved.

(Code 2016)

1-113 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 12-123, inclusive, which statutes are incorporated herein by reference as if set out in full.

(Code 1983)

1-114 Altering codes.

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 of Beloit to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance(s) passed by the governing body.

(Code 1983)

1-115 Scope of application.

Any person convicted of doing any of the acts or things commanded to be done, as specified and set forth in this code shall be deemed guilty of a misdemeanor and punished in accordance with section 1-116. Each day any violation of this code continues shall constitute a separate offense.

(Code 1983)

1-116 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 the jail for not more than 179 days; or,

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

(Code 1988)

1-117 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 1983)