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

(Code 1984)

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 South Hutchinson, Kansas.

(b)   Code shall mean the Code of the City of South Hutchinson, 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 a 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 subordinates to do the required act or perform the required duty unless the terms of the provision designate otherwise.

(e)   Governing Body means those elected members of the city council or those members appointed to fill a vacancy on the council as provided in Charter Ordinance No. 1.

(f)   County means the County of Reno 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 police 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 may be substituted for an oath, and in such cases the word swear is equivalent to the word affirm.

(m)  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.

(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 a 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 1984)

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 1984)

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 1984)

The catchlines of the sections or subsections of this code printed in capital letters or underlined are intended as mere catchwords to indicate the contents of the section or subsection 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 1984)

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 1984)

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

       “Section of the Code of the City of South Hutchinson is hereby amended to read as follows: (the new provisions shall then be set out in full.)”

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

       “The code of the City of South Hutchinson is hereby amended by adding a section (or article or 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 South Hutchinson is hereby repealed.”

(K.S.A. 12-3004; Code 1984)

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 1984)

(a)   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.

(b)   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.

(c)   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.

(d)   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.

(e)   In lieu of publication in a printed newspaper, the governing body may designate by resolution the South Hutchinson City website, www.southhutch.com, as the official city newspaper

(K.S.A. 12-3002; K.S.A. 12-3004 K.S.A. 12-3007; C.O. No. 18; Code 2022)

(a)   Regular meetings of the governing body shall be held at 6:00 p.m. on the first and third Monday of each month. 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. 15-106; Ord. 110, Sec. 1; Ord. 10-787; Ord. 21-03; Code 2022)

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

(Code 1984)

The governing body may provide such standing or special committees as may be needed, and unless it shall otherwise determine, such committees shall be appointed by the mayor. Standing committees shall be constituted at the first regular meeting of the governing body following the regular city election and shall continue for one year. When a new member is appointed or elected to fill a vacancy on the governing body, he or she shall be assigned to a standing committee.               In such event the governing body may authorize the reappointment and reorganization of any or all committees.

(Code 1984)

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 statutes are incorporated herein by reference as if set out in full.

(Code 1984)

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 South Hutchinson to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance passed by the governing body.

(Code 1984)

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 guilty of a violation of this code and punished in accordance with section 1-116. Each day any violation of this code continues shall constitute a separate offense.

(Code 1984)

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 1991)

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 1984)