CHAPTER XIII. PUBLIC OFFENSESCHAPTER XIII. PUBLIC OFFENSES\ARTICLE 2. OFFENSES AGAINST PEACE AND ORDER

(Repealed by Ord. 338)

(Repealed by Ord. 576)

It shall be unlawful for any person to loaf, obstruct or loiter in or in front of the entrance to or in any stairway or hall leading to any business, office rooms or other public building or place in the City of Andover, Kansas. Any person violating any of the provisions of this section shall, upon conviction thereof, be fined in a sum not more than Five Hundred Dollars ($500.00) and/or six months incarceration upon conviction of violation of the same.

(Ord. 676)

(Repealed by Ord. 576)

(Repealed by Ord. 576)

(Repealed by Ord. 576)

(Repealed by Ord. 576)

Except as hereinafter provided, it shall be unlawful for any person to sell or discharge fireworks as defined by the regulations of the Fire Marshal of the State of Kansas within the City of Andover, Kansas.

(Ord. 618)

Upon application to the City, a permit to sell fireworks shall be granted upon the following conditions:

(a)   All applications for a permit to sell fireworks shall be submitted to the City at least 10 days prior to the granting of such permit.  No permits shall be granted prior to June 24 of the year in which fireworks will be sold pursuant to such permit.

(b)   Approval of the location upon which fireworks are to be stored and/or sold, provided, however, that no such location shall be within 150 feet of another location measured structure to structure and provided further that each such location upon which fireworks are to be sold shall provide for the public not less than one off street parking stall per 100 square feet of sales structure floor area and adequate ingress and egress aisles.  Fireworks shall not be stored or sold within 50 feet of any source of flame, sparks, or flammable or volatile liquids in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.  A description of each location referred to herein shall be provided to and approved by the Director of Public Works, or their designee, prior to the issuance of a permit to sell fireworks.  Unattended fireworks storage may be on the vendor site for only 5 days prior to and 5 days following the end of the permitted sales.  Each vendor shall also furnish at his own expense and without cost of the City such flagmen and attendants as are necessary to insure the orderly parking of vehicles around each sale site, and shall in no way interfere with the normal flow of traffic on public roads.  No vendor shall allow parking on public right-of-way around any sale sight.

(c)   Approval of all safety precautions and equipment at each sales site by the Fire Department designee; such precautions to include fire extinguishers and such other equipment as required by applicable state laws and regulations.

(d)   Each vendor shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $500,000 per occurrence, with the City of Andover, Kansas, named as an additional insured, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancellable by vendor upon less than thirty (30) days’ notice.

(e)   Each vendor shall obtain a policy of product liability insurance for a minimum coverage of $500,000 per occurrence for products sold and/or stored within the City by the vendor, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by vendor upon less than thirty-(30) days' notice.

(f)   Each vendor shall at all times indemnify the City of Andover, Kansas, its officials, agents and employees, and shall save and hold them harmless, from and against any and all claims, actions, damages, liability and expense, including but not limited to attorneys' and other professional fees, in connection with loss of life, personal injury and/or damage to property arising from or out of the storage, sale, discharge and/or transportation of fireworks by such vendor and vendor's customers, employees contractors and agents.

(g)   All fireworks stored or sold shall be of the type allowed by applicable state laws and regulations.

(h)   Payment of a permit fee in the amount of $7,500.00 per sales site.

(i)    The designated shooting area within the city limits of Andover, Kansas shall be the City Park, or portion thereof designated by the City Council, in order to contain and control the danger of fire and explosion to the City and the citizens thereof.  The City shall provide such fire and security personnel at the designated shooting area as it shall deem sufficient for such purpose, and shall be responsible for the cleanup of the designated shooting area. At the time of the issuance of any permit, each vendor shall deposit with the City of Andover, Kansas the sum of $2,500.00 to reimburse the City for the cost of fire and security personnel and the cost of clean-up.  Expenses of fire and security personnel and clean-up shall be shared pro rata based on the number of vendors, and any amount of the deposit not used shall be returned to the vendors. The designated shooting area provided for herein shall be open to the general public irrespective of the residency of persons desiring to discharge fireworks, and shall be open during all hours that fireworks may be discharged within the City.

(j)    All permits to sell fireworks issued pursuant to this section shall be in writing, shall contain thereon such restrictions as may have been imposed by the City Council and shall be permanently displayed at each location upon which the fireworks are to be sold.  Each permit so issued shall be valid through June 1st of the following year at which time the holder of such permit may renew the same by paying the applicable permit fee and complying with all other requirements for the reissuance of a permit.  Should the holder of such permit fail to apply for renewal of such permit by June 1st, such permit shall expire.  Fireworks may be sold only upon such dates and at such times as the governing body may establish through appropriate resolution.

(k)   No permit shall be issued or renewed to a holder who has failed to demonstrate financial responsibility. In this regard and by way of illustration, evidence that the holder of a permit has failed to pay the cost of merchandise when due, failed to pay costs associated with leased land or facilities when due, or failed to pay wages of employees when due in connection with sales of fireworks in prior years, may constitute sufficient grounds for the rejection of an application for a permit.

(Ord. 699; Ord. 752; Ord. 839; Ord. 1521)

The discharge of fireworks within the City of Andover, Kansas shall be permitted only upon those dates and at those times established by appropriate resolution. Persons may only discharge fireworks upon property actually owned by them or upon the shooting area designated by ordinance or resolution.

(Ord. 752)

Notwithstanding any other provisions within this ordinance, special permits may be issued by the City Council for firework displays upon such terms and conditions as the council shall establish.

(Ord. 618)

 Upon the determination of the Mayor and based upon recommendations of the City Staff, the discharge of fireworks may be limited, suspended or prohibited within the City limits of the City of Andover, Kansas, even during those times generally permitted by resolution.  Such determination shall be made if it appears to the Mayor that the discharge of fireworks constitutes an immediate hazard to the safety of property or persons within the City of Andover, Kansas.  Such limitation, suspension or prohibition shall be by emergency proclamation signed by the Mayor which shall be publicized and posted at the City Hall of Andover, Kansas, and at each public designated and approved discharge area.  If thereafter circumstances occur which minimize or eliminate the hazardous condition resulting in such proclamation, the proclamation may be rescinded or modified by subsequent proclamation with similar postings.  In the absence of the Mayor or in the event that the Mayor’s ability to issue such proclamation is impaired by virtue of a conflict of interest, the then serving President of the Council shall be empowered to issue such proclamation.

(Ord. 977)

The violation of any provision of this ordinance shall be punishable by a fine not to exceed $2,500.00 and/or imprisonment for not more than one (1) year and/or revocation of any permit to sell fireworks.

Any permit holder violating any provision of this Ordinance shall first be issued a warning by the City of Andover Police Department, and on any second or subsequent violation of this Ordinance, the City of Andover Police Department shall revoke the permit for sale and terminate the sale of fireworks by the violator.  Any permit holder whose permit is revoked hereunder may appeal to the Governing Body of the City of Andover, Kansas by notice served upon the City Clerk/Administrator, and a hearing shall be called and held not less than twenty-four (24) hours from the date of the filing of such notice of appeal.

(Ord. 618)

Any person within the corporate limits of the City of Andover, Kansas who urinates upon any highway, street, alley, or upon the premises of any public place or building or upon private property, in open view of any person, when the same has not been designated or designed as a restroom, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000.00 and/or imprisonment for not more than 6 months in the County Jail.

(Ord. 1167; Ord. 1448, Sec. 1)

Any person, other than a police officer or firefighter engaged in official duties or other than the occupants of the room, dwelling, apartment, rooming house, or apartment house involved, who goes upon private property, without the permission of the owner or Lessee thereof, and looks into such room, dwelling, apartment, rooming house or apartment house is guilty of “window peeping,” a misdemeanor and any person convicted thereof shall be punished by a fine of not more than $1,000.00 and/or 6 months imprisonment

(Ord. 1066; Ord. 1448, Sec. 3)

(Ord. 1068; Repealed by Ord. 1549)

(a)   Littering is hereby defined as follows:

(1)   Dumping, throwing, placing, depositing, or leaving, or causing to be dumped, thrown, deposited, or left, any refuse, debris, or waste matter of any kind or any other object or substance which tends to pollute, mar or deface, into or upon or about any public street, highway, alley, road, right-of-way, park or other place, or any lake, stream, or other body of water except by direction of some public officer or employee authorized by law to direct and permit such acts.

(2)   Depositing any refuse, debris, or waste matter in any commercial or business container without the permission of the owner or lessee of such container.

(3)   Depositing refuse, debris, or waste matter into a public container intended solely for yard waste.

(4)   Dumping, throwing, placing, depositing or leaving, or causing to be dumped, thrown, deposited, or left, any refuse, debris, or waste matter upon private property without the consent of the owner or occupant of such property.

(b)   It shall be unlawful for any person to engage in littering within the City of Andover, Kansas and any person who is convicted of violating the terms of this Ordinance shall, upon conviction, be punished by a fine not exceeding $500.00 and/or by incarceration in the county jail for a term not exceeding 30 days.

(Ord. 1476; Code 2011)