The chapters, articles and sections herein shall constitute and may be designated as the Code of the City of Newton, Kansas, and may be so cited.
(a) The following rules of construction shall be observed in the construction of this code and of all ordinances unless they are inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:
“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. If the last day is a Sunday or legal holiday, that day shall be excluded.
“Delegation of Authority.” Whenever a provision appears requiring or authorizing the head of a department or other 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.
“Gender.” Words importing the masculine gender include the feminine and neuter.
“Joint authority.” Unless otherwise specifically provided herein to the contrary, 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.
“Number.” Words used in the singular include the plural and words used in the plural include the singular.
“Shall” and “will” are mandatory.
(b) The following definitions shall be observed in the construction of this code and of all ordinances unless they are inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:
“City” shall mean the City of Newton, in Harvey County, Kansas.
“County” means the County of Harvey, Kansas.
“In the city” means and includes any territory within the corporate limits of the City of Newton, 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.
“Oath” includes 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.”
“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 buildings or land.
“Person” includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual.
“Property” includes real, personal and mixed property.
“Real property” includes land, tenements and hereditaments.
“Sidewalk” means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
“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.
“Tenant, occupant” applied to a building or land, means any person who occupies the whole or part of such building or land, whether alone or with others.
(Code 1982; Code 2014)
The matter in parenthesis at the ends of sections is for information only and is not a part of the code. Citations to earlier codifications and to later ordinances 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.
The catchlines or headings of the sections of this code are intended as mere words to indicate the contents of the sections 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 re-enacted.
(Ord. 3821, Sec. 1; Code 2014)
(K.S.A. 12-3002; Code 2014)
(K.S.A. 12-3007; Code 2014)
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.
(Code 1982; Code 2014)
(K.S.A. 75-4301; Code 1982; Code 2014)
It shall be unlawful for any person, firm or corporation to change, 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 Newton 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.
Any person convicted of doing any of the acts or things prohibited, made unlawful or misdemeanor, 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 misdemeanor and punished in accordance with section 1-113. Each day any violation of this code continues shall constitute a separate offense.
Any person performing any act prohibited or otherwise declared to be unlawful under the provisions of this code, or any person failing to do any of the things commanded or required to be done under the provisions of this code, shall constitute the offense of an ordinance infraction, and each day any such infraction continues shall constitute a separate infraction. Unless another specific penalty is prescribed as to any such infraction, then upon conviction thereof the following penalty shall be applicable.
(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.
The prescribed penalty shall be in addition to and not in substitution of any other remedies or administration actions as may also be prescribed as to such conduct.
(Code 1991; Code 2014)
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.