CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\Article 11. General Provisions

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

(Code 2015)

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

(b)   City means the City of Abilene, Kansas.

(c)   Code means “The Code of the City of Abilene, 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 act or perform the required duty unless the terms of the provision designate otherwise.

(f)   Governing Body means the City Commission of the City of Abilene, Kansas.

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

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

(i)    Joint Authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

(j)    Month means a calendar month, unless the context clearly indicates otherwise.

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

(l)    Oath means an affirmation in all cases in which, an affirmation may be substituted for an oath, and 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 of Abilene, unless the context clearly indicates otherwise.

(n)   Owner as applied to a building or land, means 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 means a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual.

(p)   Property means real, personal and mixed property.

(q)   Real property means lands, structures, permanent improvements, and all rights thereto and interest therein, legal and equitable.

(r)   Shall is mandatory and may is permissive.

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

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

(u)   State means the State of Kansas.

(v)   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.

(w)  Tenant or occupant as applied to a building or land, means any person holding a leasehold interest, or who occupies the whole or a part of such building or land, whether alone or with others.

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

(y)   Writing or Written means 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.

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

(Code 2015)

The provisions appearing in this Code, which are substantially 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 2015)

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 2015)

The captions 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 caption, is amended or reenacted.

(Code 2015)

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 2015)

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 Abilene, Kansas 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 Abilene, Kansas 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 Abilene, Kansas is hereby repealed.”

(Code 2015)

The City Clerk or any other officer or employee having custody of 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.

(Code 2015)

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 law of the City of Abilene, Kansas 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 2015)

Any person convicted of doing any act prohibited, made unlawful, or the failing to do any act 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 1-1011. Each day any violation of this Code continues shall constitute a separate offense.

(Code 2015)

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 less than one dollar ($1.00) and not more than five hundred dollars ($500.00); or,

(b)   Imprisonment for not more than six (6) months; or,

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

(Code 2015)

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 2015)