CODE OF THE CITY OF ANDOVER, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 1496
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER I. ADMINISTRATION
ARTICLE 1. GOVERNING BODY
1-101. Governing body meeting.
1-102. Powers generally.
1-102.1. Chain of command during emergency situations.
1-102.2. State of emergency established.
1-103. Mayor; powers, duties.
1-104. President of council; acting president.
1-105. President of council; election; duties.
1-106. Vacancies in governing body; how filled.
1-107. Special meetings; calling; minutes.
1-108. Quorum; absentee Council Members; penalty.
1-109. Adjourned meeting; time and place.
1-110. Ordinance; readings; quorum; meetings required; exceptions.
1-111. Official newspaper or website.
ARTICLE 2. OFFICERS AND EMPLOYEES
1-201. Appointment and removal of officers; mayor and council, city board appointees.
1-201.1. Removal of city officers.
1-202.1. City administrator; employment/residency.
1-202.2. Same; administrative and financial.
1-202.3. Same; holding other offices.
1-202.4. Same; powers and duties.
1-203.1. City treasurer; appointment.
1-203.2. Same; powers and duties.
1-204. Municipal judge.
1-205.1. Chief of police; appointment.
1-205.2. Same; administrative.
1-205.3. Same; powers and duties.
1-206. Public officer/city superintendent [repealed].
1-207. City attorney.
1-207.1. City prosecutor.
1-208. City engineer.
1-209.1. Deputy city clerk; appointment.
ARTICLE 3. INVESTMENT OF PUBLIC FUNDS
1-301. Purpose and goals.
1-302. Active funds; designation of depositories; eligible depositories.
1-303. Definitions.
1-304. Investment of idle funds.
1-305. Procedures and restrictions.
1-306. Custody and safekeeping.
1-307. Sale or transfer.
1-308. Earnings and records.
ARTICLE 4. SEWER AND WATER; COMBINATION, OPERATING FUNDS, OFFICERS AND EMPLOYEES
1-401. Combination of water works and sewage disposal systems.
1-402. Operation funds.
1-403. Officers, employees, and duties of city treasurer.
ARTICLE 5. OPEN PUBLIC RECORDS
1-501. Procedures regarding both inspection and copying of open public records.
1-502. Statement of Purpose, Review.
1-503. Inspection fee.
1-504. Copying fee.
1-505. Prepayment of fees.
1-506. Payment.
1-507. Reserved.
1-508. Reserved.
1-509. Appointment of official custodians.
1-510. Designation of additional record custodians.
1-511. Duties of custodians.
1-512. Requests to be directed to custodians.
1-513. Fee administration.
1-514. Appointment of local freedom of information officer; appointment and duties.
ARTICLE 6. MUNICIPAL EQUIPMENT RESERVE FUND
1-601. Fund established.
1-602. Policy objective.
1-603. Plan of operation.
1-604. Investing.
ARTICLE 7. CAPITAL IMPROVEMENTS FUND
1-701. Fund established.
1-702. Policy objective.
1-703. Use for studies.
1-704. Plan of operation.
1-705. Investing.
ARTICLE 8. EMPLOYEE BENEFITS CONTRIBUTION FUND
1-801. Employee benefit fund; establishment.
1-802. Employee benefits authorized for payment.
ARTICLE 9. PENALTIES
1-901. General penalties.
CHAPTER II. ANIMALS AND FOWL
ARTICLE 1. ANIMALS, GENERAL
2-101. Keeping animals.
2-102. Running at large.
2-103. Cruelty.
2-104. Animal stables and hog pens prohibitions; penalty.
2-105. Inspection of premises.
2-106. Penalty.
2-107. Animal waste.
2-108. Dangerous or diseased animal.
ARTICLE 2. FOWL, GENERAL
2-201. Fowl at large.
2-202. Keeping fowl.
2-203. Pens; inspection and sanitation.
2-204. Penalty; parole.
ARTICLE 3. DOGS, GENERAL
2-301. License required.
2-302. Registration.
2-303. License application and license fee.
2-304. Tag and collar.
2-305. Vaccination required.
2-306. Mayors proclamation.
2-307. Dogs exposed or infected by rabies.
2-308. Duty of owner of infected dog.
2-309. Monies received.
2-310. Penalty.
2-311. Reserved.
ARTICLE 4. DOGS AT LARGE
2-401. Dogs at large: defined and prohibited.
2-402. Impounding.
2-403. Impounding notice.
2-404. Redeeming impounded dogs.
2-405. Disposal of unclaimed dogs.
2-406. Reserved.
2-407. Monies received.
2-408. Penalty.
2-409. Disturbances by pets.
ARTICLE 5. VICIOUS ANIMALS
2-501. Enforcement of this Title; Animal Control Officer.
2-502. Definitions.
2-503. Dangerous Dog; Determination by Animal Control Officers.
2-504. Registration and Insurance.
2-505. Appeal of Dangerous Animal Determination.
2-506. Dangerous Dog; Failure to comply with orders.
2-507. Permitting a dangerous animal to be at large.
2-508. Animal bite violations.
2-509. Known rabid animal.
2-510. Failure to confine biting animals.
2-511. Procedures on retention, observation and disposition of animals which have bitten persons or other animals.
2-512. Injured Animal.
2-513. Penalties for Violation of Ordinance.
2-514. Interpretation.
2-515. Severability.
ARTICLE 6. EXOTIC ANIMALS.
2-601. Definitions
2-602. Dangerous exotic animals
2-603. Exotic animals
CHAPTER III. BEVERAGES
ARTICLE 1. CEREAL MALT BEVERAGES
3-101. Definitions.
3-102. Wholesalers.
3-103. License required of retailers.
3-104. Application.
3-105. License application procedures.
3-106. License granted; denied.
3-107. License to be posted.
3-108. License, disqualification.
3-109. Restriction upon location.
3-110. License fee.
3-111. Suspension of license.
3-112. Wholesalers and/or distributors.
3-113. Business regulations.
3-114. Sanitary conditions required.
3-115. Minors on premises.
ARTICLE 2. ALCOHOLIC LIQUOR; GENERAL PROVISIONS
3-201. Definitions.
3-202. Occupational tax levied.
3-203. Issuance of license.
3-204. Display of license.
3-205. Hours of sale.
3-206. Retail regulations.
3-207. Restriction on location.
3-208. Minors on premises.
3-209. Consumption on public property.
3-210. Penalty.
ARTICLE 3. DRINKING ESTABLISHMENTS
3-301. License required.
3-302. License fee.
3-303. Business regulations.
3-304. Penalty.
ARTICLE 4. PRIVATE CLUBS
3-401. License required.
3-402. License fee.
3-403. Business regulations.
3-404. Penalty.
ARTICLE 5. CATERERS
3-501. License required.
3-502. License fee.
3-503. Business regulations.
3-504. Notice to chief of police.
3-505. Penalty.
ARTICLE 6. TEMPORARY PERMITS
3-601. Permit required.
3-602. Permit fee.
3-603. City temporary permit.
3-604. Penalty.
CHAPTER IV. BUILDING AND CONSTRUCTION
ARTICLE 1. ADMINISTRATION, PERMITS, LICENSING AND FEES
4-101. Title.
4-102. Creation of enforcement agency.
4-103. Board of appeals.
4-103.1 Authority.
4-103.2 Application.
4-103.2.1 Membership of the Board.
4-103.2.2 Alternate Members.
4-103.2.3 Qualifications.
4-103.2.4 Rules and Procedures.
4-103.2.5 Chairperson.
4-103.2.6 Disqualification of Member.
4-103.2.7 Secretary.
4-103.3 Notice to Meeting.
4-103.3.1 Open Hearing.
4-103.3.2 Procedure.
4-103.3.3 Postponed Hearing.
4-103.3.4 Meeting Schedule.
4-103.4 Board Decision.
4-103.4.1 Resolution.
4-103.4.2 Administration.
4-104. Permits.
4-104.1 New Construction Permits.
4-104.2 Zoning Permits.
4-104.4 Flood Plain Development Permits.
4-104.5 Mobile Home or Manufactured Home permits.
4-104.6 Fire Code Permits.
4-104.7 Communication Tower Permits.
4-104.8 Site Permits.
4-104.9 Other or Miscellaneous Permits.
4-105. Fees.
4-106. Contractor licensing requirements.
4-106.1 Contractor; defined.
4-106.2 Contractor; license type.
4-106.3 Exemptions from “contractor”, work by residential property owner occupant.
4-106.4 Contractor examination, for license by qualification.
4-106.5 License by state and local registration.
4-106.6 License by local registration.
4-106.7 Reciprocity.
4-106.8 License Fee.
4-106.9 License Expiration.
4-106.10 Implementation of Biennial License Renewal.
4-106.11 Licenses in Effect.
4-106.12 Certificate of Insurance or Surety Bond.
4-106.13 Revocation of License.
4-106.14 Penalties.
4-107. Adoption of rules and regulations.
ARTICLE 2. BUILDING PERMITS FOR DANGEROUS, HAZARDOUS, OR NOXIOUS ACTIVITY.
4-201. Definitions.
4-202. Issuance of building permit.
4-203. Appeals, hearing for dangerous, hazardous or noxious activity permits.
ARTICLE 3. BUILDING CODE OF THE CITY OF ANDOVER
4-301. International Building Code incorporated.
4-302. Administrative Deletions, Amendments or Additions to the International Building Code.
4-303. Technical Deletions, Amendments or Additions to the 2012 International Building Code.
4-304. Adoption of Rules and Regulations.
ARTICLE 4. MECHANICAL CODE OF THE CITY OF ANDOVER
4-401. International Mechanical Code incorporated.
4-402. Administrative Deletions, Amendments or Additions to the International Mechanical Code.
4-403. Technical Deletions, Amendments or Additions to the International Mechanical Code.
4-404. Adoption of Rules and Regulations.
4-405. Official copies.
ARTICLE 5. PROPERTY MAINTENANCE CODE OF THE CITY OF ANDOVER
4-501.1. Title.
4-501.2. Scope.
4-501.3. Intent.
4-501.4. Severability.
4-502. Applicability.
4-502.1. General.
4-502.2. Maintenance.
4-502.3. Application of other codes.
4-502.4. Existing remedies.
4-502.5. Workmanship.
4-502.6. Historic buildings.
4-502.7. Referenced codes and standards.
4-502.8. Requirements not covered by code.
4-503. Enforcing officer(s).
4-503.1. Enforcing officer.
4-503.2. Deputies.
4-503.3. Liability.
4-504. Duties and powers of the building official
4-504.1. General.
4-504.2. Rulemaking authority.
4-504.3. Inspections.
4-504.4. Right of entry.
4-504.5. Identification.
4-504.6. Department records.
4-504.7. Coordination of inspections.
4-505. Approvals.
4-505.1. Modifications.
4-505.2. Alternative materials, methods and equipment.
4-505.3. Required testing.
4-505.3.1. Test methods.
4-505.3.2. Test reports.
4-505.4. Material and equipment reuse.
4-506. Violations.
4-506.1. Unlawful acts.
4-506.2. Order of violation.
4-506.3. Violation penalties.
4-506.4. Abatement.
4-506.5. Hearing.
4-506.6. Appeals.
4-506.7. Cost assessed.
4-506.8. Penalties.
4-506.9. Transfer of ownership.
4-506.10. Construction.
4-507. General provisions.
4-507.1. Scope.
4-507.2. Interchangeability.
4-507.3. Terms defined in other codes.
4-507.4. Terms not defined.
4-507.5. Parts.
4-508. Definitions.
4-508.1. Approved.
4-508.2. Basement.
4-508.3. Bathroom.
4-508.4. Bedroom.
4-508.5. Building official.
4-508.6. Condemn.
4-508.7. Dwelling unit.
4-508.8. Easement.
4-508.9. Exterior property.
4-508.10. Extermination.
4-508.11 garbage.
4-508.12. Guard.
4-508.13. Habitable space.
4-508.14. Housekeeping unit.
4-508.15. Imminent danger.
4-508.16. Infestation.
4-508.17. Inoperable motor vehicle.
4-508.18. Labeled.
4-508.19. Let for occupancy or let.
4-508.20. Occupancy.
4-508.21. Occupant.
4-508.22. Openable area.
4-508.23. Operator.
4-508.24. Owner.
4-508.25. Person.
4-508.26. Premises.
4-508.27. Public way.
4-508.28. Rooming house.
4-508.29. Rooming unit.
4-508.30. Rubbish.
4-508.31. Strict liability offense.
4-508.32. Structure.
4-508.33. Tenant.
4-508.34. Toilet room.
4-508.35. Ventilation.
4-508.36. Workmanlike.
4-508.37. Yard.
4-509. General requirements.
4-509.1. Scope.
4-509.2. Responsibility.
4-509.3. Vacant structures and land.
4-510. Exterior property areas.
4-510.1. Sanitation.
4-510.2. Grading and drainage.
4-510.3. Sidewalks and driveways.
4-510.4. Rodent harborage.
4-510.5. Exhaust vents.
4-510.6. Accessory structures.
4-510.7. Defacement of property.
4-511. Swimming pools, spas and hot tubs.
4-511.1. Swimming pools.
4-511.2. Enclosures and covers.
4-512. Exterior structure.
4-512.1. General.
4-512.2. Protective treatment.
4-512.3. Premises identification.
4-512.4. Structural members.
4-512.5. Foundation walls.
4-512.6. Exterior walls.
4-512.7. Roofs and drainage.
4-512.8. Decorative features.
4-512.9. Overhang extensions.
4-512.10. Stairways, decks, porches and balconies.
4-512.11. Chimneys and towers.
4-512.12. Handrails and guards.
4-512.13. Window, skylight and door frames.
4-512.13.1. Glazing.
4-512.14. Insect screens.
4-512.15. Doors.
4-512.16. Basement hatchways.
4-512.17. Guards for basement windows.
4-512.18. Building security.
4-512.18.1. Doors.
4-512.18.2. Windows.
4-512.18.3. Basement hatchways.
4-513. Interior structure.
4-513.1. General.
4-513.2. Structural members.
4-513.3. Interior surfaces.
4-513.4. Stairs and walking surfaces.
4-513.5. Handrails and guards.
4-513.6. Interior doors.
4-514. Handrails and guardrails.
4-514.1. General.
4-515. Rubbish and garbage.
4-515.1. Accumulation of rubbish or garbage.
4-515.2. Disposal of rubbish.
4-515.2.1. Rubbish storage facilities.
4-515.2.2. Refrigerators.
4-515.3. Disposal of garbage.
4-515.3.1. Garbage facilities.
4-515.3.2. Containers.
4-516. Extermination.
4-516.1. Infestation.
4-516.2. Owner.
4-516.3. Single occupant.
4-516.4. Multiple occupancy.
4-516.5. Occupant.
4-517. Light, ventilation and occupancy limitations.
4-517.1. Scope.
4-517.2. Responsibility.
4-517.3. Alternative devices.
4-518. Light.
4-518.1. Habitable spaces.
4-518.2. Common halls and stairways.
4-518.3. Other spaces.
4-519. Ventilation.
4-519.1. Habitable spaces.
4-519.2. Bathrooms and toilet rooms.
4-519.3. Cooking facilities.
4-519.4. Process ventilation.
4-519.5. Clothes dryer exhaust.
4-520. Occupancy limitations.
4-520.1. Privacy.
4-520.2. Minimum room widths.
4-520.3. Minimum ceiling heights.
4-520.4. Bedroom requirements.
4-520.4.1. Area for sleeping purposes.
4-520.4.2. Access from bedrooms.
4-520.4.3. Water closet accessibility.
4-520.4.4. Prohibited occupancy.
4-520.4.5. Other requirements.
4-520.5. Overcrowding.
4-520.6. Efficiency unit.
4-520.7. Food preparation.
4-521. Plumbing facilities and fixture requirements.
4-521.1. Scope.
4-521.2. Responsibility.
4-522. Required facilities.
4-522.1. Dwelling units.
4-522.2. Rooming houses.
4-522.3. Hotels.
4-523. Toilet rooms.
4-523.1. Privacy.
4-523.2. Location.
4-523.3. Location of employee toilet facilities.
4-523.4. Floor surface.
4-524. Plumbing systems and fixtures.
4-524.1. General.
4-524.2. Fixture clearances.
4-524.3. Plumbing system hazards.
4-525. Water system.
4-525.1. General.
4-525.2. Contamination.
4-525.3. Supply.
4-525.4. Water heating facilities.
4-526. Sanitary drainage system.
4-526.1. General.
4-526.2. Maintenance.
4-527. Storm drainage.
4-527.1. General.
4-528. Mechanical and electrical requirements.
4-528.1. Scope.
4-528.2. Responsibility.
4-529. Heating facilities.
4-529.1. Facilities required.
4-529.2. Residential occupancies.
4-529.3. Heat supply.
4-529.4. Occupiable work spaces.
4-529.5. Room temperature measurement.
4-530. Mechanical equipment.
4-530.1. Mechanical appliances.
4-530.2. Removal of combustion products.
4-530.3. Clearances.
4-530.4. Safety controls.
4-530.5. Combustion air.
4-530.6. Energy conservation devices.
4-531. Electrical facilities.
4-531.1. Facilities required.
4-531.2. Service.
4-531.3. Electrical system hazards.
4-532. Electrical equipment.
4-532.1. Installation.
4-532.2. Receptacles.
4-532.3. Luminaires.
4-533. Elevators, escalators and dumbwaiters.
4-533.1. General.
4-533.2. Elevators.
4-533.2. Annual inspection.
4-533.3. Annual inspection fee.
4-534. Duct systems.
4-534.1. General.
4-535. Fire safety requirements.
4-535.1. Scope.
4-535.2. Responsibility.
4-536. Means of egress.
4-536.1. General.
4-536.2. Aisles.
4-536.3. Locked doors.
4-536.4. Emergency escape openings.
4-537. Fire-resistance ratings
4-537.1. Fire-resistance-rated assemblies.
4-537.2. Opening protectives.
4-538. Fire protection systems.
4-538.1. General.
4-538.2. Smoke alarms.
4-538.3. Power source.
4-538.4. Interconnection.
ARTICLE 6. ELECTRICAL CODE OF THE CITY OF ANDOVER
4-601. National electric code incorporated.
4-601.1. ICC Electrical Code Administrative provisions incorporated.
4-602. Administrative Deletions, Amendments or Additions to the International Code Council Electrical Code Administrative Provisions.
4-603. Technical Deletions, Additions and Amendments to the International Code Council Electrical Code Administrative Provisions, 2006 edition and the 2014 National Electrical Code.
4-604. Adoption of Rules and Regulations.
4-605. Official copy.
ARTICLE 7. DANGEROUS BUILDINGS AND STRUCTURES
4-701. Purpose.
4-702. Definitions.
4-703. Enforcing officer; duties.
4-704. Procedure; petition.
4-705. Same; notice.
4-706. Same; publication.
4-707. Same; hearing, order.
4-708. Duty of owner.
4-709. Failure to comply.
4-710. Same; make site safe.
4-711. Assessment of costs; finance.
4-712. Immediate hazard.
4-713. Appeals from order.
4-714. Scope of the ordinance.
4-715. Penalty.
ARTICLE 8. MOVING OF STRUCTURES
4-801. Definitions.
4-802. Application.
4-803. Application fee.
4-804. Crediting of application fees.
4-805. Indemnity bond.
4-806. Procedure.
4-807. Completion time.
ARTICLE 9. NOISE CONTROL
4-901. Definitions.
4-902. Scope.
4-903. Permissible noise levels-standards.
4-904. Exceptions.
4-905. Violation.
4-906. Variances.
4-907. Right of entry.
ARTICLE 10. WATER CROSS CONNECTIONS
4-1001. Purpose.
4-1002. Cross connections prohibited.
4-1003. Protective backflow preventers required.
4-1004. Inspection.
4-1005. Protection from contaminants.
4-1006. Incorporation by reference.
ARTICLE 11. BUILDING CODES IN EXTRA TERRITORIAL JURISDICTION
ARTICLE 12. [RESERVED]
ARTICLE 13. INSURANCE PROCEEDS FUND
4-1301. Lien created.
4-1302. Same; encumbrances.
4-1303. Same; pro rata basis.
4-1304. Procedure.
4-1305. Fund created; deposit of moneys.
4-1306. Building official; investigations, removal of structure.
4-1307. Removal of structure; excess moneys.
4-1308. Same; disposition of funds.
14-1309. Effect upon insurance policies.
14-1310. Insurer; liability.
ARTICLE 14. PLUMBING CODE OF THE CITY OF ANDOVER
4-1401. Uniform Plumbing Code incorporated.
4-1402. Administrative Deletions, Amendments or Additions to the Uniform Plumbing Code.
4-1403. Technical Deletions, Amendments or Additions to the Uniform Plumbing Code.
4-1404. Official copies.
ARTICLE 15. MANUFACTURED HOUSING CODE OF THE CITY OF ANDOVER
4-1501. Title.
4-1502. Definitions.
4-1503. Permits required for installation.
4-1504. Inspections for manufactured homes.
4-1505. Required inspections.
4-1506. Manufactured homes in the city.
4-1507. Existing occupancy.
4-1508. Electrical service.
4-1509. Fuel gas.
4-1510. Alterations and additions to manufactured homes or mobile homes.
4-1511. Manufactured home ground anchors.
4-1512. Manufactured home blocking.
4-1513. Appeals.
4-1514. Other remedies unaffected.
4-1515. Effect on prior ordinances.
4-1516. Severability.
ARTICLE 16. INTERNATIONAL RESIDENTIAL CODE
4-1601. International Residential Code incorporated.
4-1602. Deletions.
4-1603. Amendments.
4-1604. Copies on file.
4-1605. Adoption of rules and regulations.
CHAPTER V. BUSINESS REGULATIONS AND LICENSES
ARTICLE 1. DOOR-TO-DOOR SALES, TRANSIENT MERCHANTS AND PEDDLERS
5-101. Definitions.
5-102. License required.
5-103. Investigation; issuance by city clerk.
5-104. License fees; exemptions.
5-105. Violations; revocation.
5-106. Enforcement; penalty.
ARTICLE 2. ALARM SYSTEMS
5-201. Definitions.
5-202. When direct alarm systems authorized.
5-203. Direct alarm system installation standards; maintenance, repair.
5-204. False alarms.
5-205. Permittee to respond to location, provide services, etc.
5-206. Inspection after activation.
5-207. City inspections.
5-208. Rules and regulations.
5-209. Civil liability.
5-210. Reserved
5-211. License.
5-212. Installation permit.
5-213. Revocation.
ARTICLE 3. SALE OF GOODS OR SERVICES ON CITY OWNED PROPERTY
5-301. Unlawful to sell.
5-302. Contracts.
ARTICLE 4. PRIVATE SECURITY BUSINESSES
5-401. Definition.
5-402. Authorization.
5-403. License.
5-404. Penalty.
ARTICLE 5. CONVENTION AND TOURISM COMMITTEE
5-501. Convention and tourism committee; levying of 8% transient guest tax.
5-502. Payment and collection of transient guest tax.
5-503. Tourism and convention fund establishment; and use of transient guest tax monies collected.
5-504. Convention and tourism committee; establishment and terms of members.
5-505. Accounting of expenditures of transient guest tax monies.
ARTICLE 6. ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT HOTELS AND EROTIC DANCE STUDIOS
5-601. Definitions.
5-602. License required.
5-603. Application for license.
5-604. License fees.
5-605. License-eligibility requirements.
5-606. Examination of application by city council.
5-607. Display of license required.
5-608. Renewal of licenses.
5-609. General regulations and prohibited conduct.
5-610. Alcoholic beverages.
5-611. Private rooms and closed booths prohibited.
5-612. Prohibited conduct.
5-613. Compliance with other regulations required.
5-614. Distance requirements.
5-615. Suspension and revocation of license.
5-616. Penalty.
5-617. Injunctions.
5-618. Invalidity of part.
ARTICLE 7. MASSAGE THERAPY BUSINESSES
5-701. Definitions.
5-702. Exceptions.
5-703. License required.
5-704. Application for license.
5-705. Standards for issuance of license.
5-706. Permit required; exception.
5-707. Application for permit.
5-708. Standards for issuance of permit.
5-709. Licensing of existing massage practitioners.
5-710. Fees.
5-711. Display of license; massage therapy business.
5-712. Display of permits and identification cards; massage therapist.
5-713. Duration of license or permit; renewal thereof.
5-714. Suspension or revocation of license or permit; notice.
5-715. Appeal procedure.
5-716. Sanitary requirements.
5-717. Inspection of premises; immediate right of entry.
5-718. Operating requirements; massage therapy business.
5-719. Prohibited acts.
5-720. Persons under age 18; prohibited services.
5-721. Transfer of license or permit.
5-722. Applicability to existing businesses and providers of massage therapy.
5-723. Penalties.
5-724. Invalidity of part.
5-725. Injunctive relief or civil remedies.
CHAPTER VI. ELECTIONS
ARTICLE 1. CITY ELECTIONS
6-101. Candidacy for city offices; conduct of election.
6-102. Hours of voting.
6-103. Regular city elections.
CHAPTER VII. FIRE PROTECTION
ARTICLE 1. FIRE CODE OF THE CITY OF ANDOVER
7-101. International Fire Code incorporated.
7-102. Deletions.
7-103. Amendments.
7-104. Official copies.
CHAPTER VIII. HEALTH AND SANITATION, NATURAL RESOURCES BOARD, HOUSING AUTHORITY, PUBLIC BUILDING COMMISSION
ARTICLE 1. BOARD OF HEALTH
8-101. Creation; appointment of members.
8-102. Terms of members.
8-103. City clerk, duties.
8-104. Officers, board of health.
8-105. Powers.
ARTICLE 2. HEALTH NUISANCES
8-201. Weeds to be removed.
8-202. Definitions.
8-202.1 Riparian buffers.
8-203. Public officer; notice to remove.
8-204. Abatement; assessment of costs.
8-204. Right of entry.
8-205. Unlawful interference.
8-206. Noxious weeds.
ARTICLE 3. NATURAL RESOURCES BOARD
8-301. Creation.
8-302. Appointment.
8-303. Definition.
8-304. Policies and procedures.
8-305. Expenses.
ARTICLE 4. HOUSING AUTHORITY
8-401. Agent.
8-402. Authority.
8-403. Quorum.
8-404. Power.
ARTICLE 5. PUBLIC BUILDING COMMISSION
8-501. Creation.
8-502. Terms.
8-503. Powers, duties.
CHAPTER IX. MOBILE HOMES AND PARKS
ARTICLE 1. [RESERVED]
CHAPTER X. MUNICIPAL COURT
ARTICLE 1. MUNICIPAL COURT
10-101. Municipal court created.
10-102. Jurisdiction.
10-103. Location of court.
10-104. Municipal judge.
10-105. Municipal court judge; tenure.
10-106. Court costs.
10-107. Failure to appear.
10-108. Release.
10-109. Forfeit.
10-110. Penalty.
10-111. Fines.
CHAPTER XI. PARKS AND RECREATION
ARTICLE 1. TRAPSHOOTING
11-101. Trapshooting or skeet ranges created.
11-102. Revocation.
11-103. Regulations.
11-104. Location of range.
ARTICLE 2. VEHICLES IN PARKS
11-201. Vehicles on park property.
11-202. Park hours; prohibition on camping in public areas.
ARTICLE 3. CONDUCT ON CITY PROPERTY
11-301. Rules of Conduct on City Property.
11-302. Obedience to Posted Rules on City Lands and within City Buildings, Structures, and Facilities.
11-303. Display of Unauthorized Signs, Signals or Markings.
11-304. Violation of Rules of Conduct.
ARTICLE 4. PARKS & RECREATION ADVISORY BOARD
11-401. Creation and establishment of the Parks & Recreation Advisory Board.
11-402. Operation, meetings and compensation.
11-403. Duties and functions.
11-404. No authority over operation.
CHAPTER XII. POLICE AND PRISONERS
ARTICLE 1. POLICE
12-101. Employment of city police as school security officers; regulations.
ARTICLE 2. PRISONERS AND JAIL FACILITIES
12-201. Use of the Butler County jail.
CHAPTER XIII. PUBLIC OFFENSES
ARTICLE 1. OFFENSES AGAINST PERSONS AND PROPERTY
13-101. Incorporating uniform public offense code.
13-102. Modification of uniform public offense code.
ARTICLE 2. OFFENSES AGAINST PEACE AND ORDER
13-201. [Reserved].
13-202. [Reserved].
13-203. Loitering.
13-204. [Reserved].
13-205. [Reserved].
13-206. [Reserved].
13-207. [Reserved].
13-208.1. Fireworks.
13-208.2. Sale of fireworks.
13-208.3. Discharge of fireworks.
13-208.4. Public displays.
13-208.5. Discharge of fireworks; emergency conditions.
13-208.6. Penalty.
13-209. Public urination.
13-210. Window peeping.
13-211. Repealed.
13-212. Littering.
ARTICLE 3. OFFENSES INVOLVING ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGES.
13-301. Repealed.
13-302. Repealed.
13-303. Repealed.
13-304. Public consumption.
13-305. Repealed.
ARTICLE 4. CONTROLLED SUBSTANCES
13-401. Definitions.
13-402. Manufacture, Cultivation, Distribution, or Possession of Controlled Substances; Penalties.
13-403. Drug Precursors and Paraphernalia; Penalties.
13-404. Penalties.
13-405. Smoking at 13th Street Park; Penalties.
ARTICLE 5. CURFEW
13-501. Curfew; hours.
13-502. Duty of parent or guardian.
13-503. Penalty.
ARTICLE 6. ADMINISTRATION OF JUSTICE
13-601. Repealed.
13-602. Lawful reasonable order of any police officer.
13-603. Resisting, opposing or obstructing any police officer.
ARTICLE 7. RIGHTS TO VICTIMS OF CRIMES
13-701. Public offenses.
13-702. Prosecution.
13-703. Responsibility.
13-704. Course of action.
ARTICLE 8. HAZARDOUS MATERIALS
13-801. Unlawful discharge.
13-802. Unlawful discharge containment.
13-803. Responsibility and liability.
13-804. Payment of expenses.
13-805. Failure to pay.
ARTICLE 9. CONCEALED WEAPONS
13-901. Concealed carry; where prohibited.
13-902. Concealed carry; when impaired.
CHAPTER XIV. PUBLIC PROPERTY AND LIBRARY
ARTICLE 1. LIBRARY
14-101. Establishment of city library.
14-102. Support; financial.
14-103. Exemption of library.
14-104. Establishment of library board.
14-105. Late charge.
14-106. Penalty.
14-107. Unlawful.
CHAPTER XV. REFUSE AND TRASH
ARTICLE 1. REFUSE AND TRASH; SOLID WASTE
15-101. Definitions.
15-102. Collection of refuse and garbage.
15-103. License fee.
15-104. Revocation of license.
15-105. Exemption.
15-106. Repealed.
15-107. Inspection of vehicle.
15-108. List of residents.
15-109. Employing of private contractor.
15-110. Frequency.
15-111. Owners of property.
15-112. Animal waste, vegetable matter, tree limbs, and grass clippings.
15-113. Health or sanitation hazard.
15-114. Accumulation of waste materials.
15-115. Burying of refuse.
15-116. Burning trash and garbage.
15-117. Nuisances.
15-118. Hazardous materials.
15-119. Collection.
15-120. Removal bins or containers.
15-121. Penalty.
15-122. Hours of collection.
15-123. Commercial hours of collection.
ARTICLE 2. JUNK AND SALVAGE YARDS
15-201. Junk yards.
15-202. Salvage yards.
15-203. Regulations; screening; zoning.
15-204. Penalty.
CHAPTER XVI. SEWER SERVICE AND REGULATION
ARTICLE 1. SEWER SERVICE, IN GENERAL
16-101. Definitions.
16-102. Willful and negligent damage to sewer system.
16-103. Appointment of plumbing inspector.
16-104. Powers and authority of inspectors.
16-105. Notice of violation.
16-106. Penalty.
16-107. Expenses due to violation.
16-108. Special permits.
ARTICLE 2. USE OF PUBLIC SEWERS REQUIRED
16-201. Prohibited waste disposal.
16-202. Private sewer systems, generally prohibited.
16-203. Public sewer connection requirement.
16-204. Exception to the general requirement of connecting to the city sewer system.
ARTICLE 3. PRIVATE SEWAGE DISPOSAL
16-301. Where private sewer systems allowed.
16-302. Permit.
16-303. Inspection and approval.
16-304. Types, capacities, location, layout.
16-305. When public sewer connection required.
16-306. Maintenance.
16-307. Additional regulations.
ARTICLE 4. PUBLIC SEWER CONNECTIONS
16-401. Permit required.
16-402. Costs.
16-403. Sewer pipe materials and connection methods.
16-405. Placement of sewer.
16-406. Where gravity flow unavailable.
16-407. Method of laying pipe.
16-408. Pipe joints and connection in general.
16-409. Connections to public sewer pipe.
16-410. Request for inspection.
16-411. Excavation safeguards, site restoration.
16-412. Inspection, penalty.
16-413. Prohibited sewer conditions.
16-414. Penalty.
ARTICLE 5. PUBLIC SEWER USE REGULATIONS
16-501. Types of discharge prohibited.
16-502. Storm sewers.
16-503. Grease, oil, sand, interceptors.
16-504. Specifications for acceptable preliminary sewage treatment.
16-505. Manholes for sewer inspection.
16-506. Methods of examination.
16-507. Industrial sewage.
ARTICLE 6. SEWER CONNECTION CHARGE
16-601. Sewer connection charge.
16-602. Inspection service charge.
16-603. Penalty.
ARTICLE 7. SEWER CONNECTION SURCHARGE
16-701. Purpose.
16-702. Assessment.
16-703. County surcharge.
16-704. Minimum fee.
16-705. Conversion of use.
16-706. Strength of waste.
16-707. Special contracts.
16-708. Payment.
16-709. Review of fees.
16-710. Billing.
16-711. Penalties.
16-712. Tax liens.
16-713. Water cutoff.
16-714. Review and change of ordinances.
16-715. Newly annexed.
16-716. Use of funds.
16-717. Penalty.
ARTICLE 8. SEWER SERVICE CHARGES
16-801. Purpose.
16-802. Establishment of sewer service charge.
16-803. Billing and collection.
16-804. Review of sewer service charges.
CHAPTER XVII. STREETS AND SIDEWALKS
ARTICLE 1. RIGHT OF WAY MANAGEMENT
17-101. Definitions.
17-102. Authorization from the City Required.
17-103. Administration
17-104. Health, Safety, and Welfare Regulations.
17-105. Compliance with Manual on Uniform Traffic Control Devices.
17-106. Construction Standards.
17-107. Emergencies.
17-108. Repair.
17-109. Relocation
17-110. Removal of Abandoned Facilities.
17-111. Excavation Permits.
17-112. Barricades.
17-113. Unlawful Acts.
17-114. Indemnity
17-115. Claim Notification.
17-116. City’s Failure to Enforce.
ARTICLE 2. STREET CURB CUTS & DRIVEWAY APPROACHES
17-201. Definitions.
17-202. General.
17-203. Application for permit.
17-203.1. Cutting curbs; pavement.
17-203.2. Altering drainage.
17-204. Issuance of permit.
17-205. Permit fees.
17-206. Supervision.
17-207. Construction.
17-207.1 Slope of Driveway Approaches.
17-207.1.1 Streets with Curb and Gutter.
17-207.2. City liability.
17-207.3. Curb cuts.
17-207.4. Curb specifications.
17-207.5. Public safety.
17-207.6. Surfacing of Driveway Approaches:
17-207.6.1. Streets with curbs.
17-207.6.2. Streets without curbs.
17-207.7. Streets with ditches.
17-208. Maintenance and approval.
17-209. Unusual conditions.
17-210. Penalties.
17-211. Saving clause.
CHAPTER XVIII. TRAFFIC AND VEHICLES
ARTICLE 1. STANDARD TRAFFIC ORDINANCE
18-101. Standard traffic ordinance incorporated.
18-102. Deletions.
18-103. Copies.
18-104. Repealed.
18-105. Traffic infractions.
ARTICLE 2. TRAFFIC, IN GENERAL
18-201. Maximum speed limits, general.
18-202. Maximum speed limits.
18-203. Careless driving; defined, penalty.
18-204. Motor vehicle sound amplifications
ARTICLE 3. SCHOOL ZONES
18-301. School zones.
18-302. Same; times, days, speed.
18-303. Penalty.
ARTICLE 4. COMMERCIAL DUMPSTERS AND STORAGE DEVICES ON PUBLIC STREETS
18-401. Parking of trash dumpsters and storage units.
18-402. Penalty.
18-403. Display of vehicles marked “for sale” prohibited adjacent to public streets.
ARTICLE 5. GOLF CARTS/UTILITY VEHICLES/ATV’S
18-501. Definitions.
18-502. Operation of special purpose vehicles on city streets; special conditions and restrictions on operation.
18-503. Same; valid driver’s license required; penalty; duties and responsibilities.
18-504. Same; insurance required; penalty.
18-505. Same; registration and license; fee; application; inspection; penalty.
18-506. Penalty.
18-507. Exemptions.
ARTICLE 6. TRUCKS
18-601. Truck parking.
18-602. Jake Brakes Prohibited.
ARTICLE 7. TOWING REGULATIONS
18-701. Purpose.
18-702. Definitions.
18-703. License and Agreement Required.
18-704. Rotation Tow Requirements.
18-705. Rotation Tow List.
18-706. Exception to Tow Rotation.
18-707. Fees and Charges.
18-708. Enforcement Authority.
18-709. Suspension or Revocation of Approval and Authorization; Grounds.
18-710. Solicitation Prohibited.
18-711. Access to Property; Location Notice Required.
18-712. Maximum Tow and Storage Fees.
18-713. Penalty.
ARTICLE 8. FIRE LANES
18-801. Designation of fire lanes.
18-802. Reserved.
18-803. Impoundment.
ARTICLE 9. JUNKED VEHICLES ON PRIVATE PROPERTY
18-901. Findings of governing body.
18-902. Definitions.
18-903. Nuisances unlawful; defined; exceptions.
18-904. Public officer.
18-905. Complaints; inquiry and inspection.
18-906. Right of entry.
18-907. Order of violation.
18-908. Same; contents.
18-909. Failure to comply; penalty.
18-910. Abatement.
18-911. Disposition of vehicle; recovery of vehicle.
18-912. Hearing.
18-913. Costs assessed.
CHAPTER XIX. UTILITIES
ARTICLE 1. WATER DEPARTMENT
19-101. Intent and purpose.
19-102. Landowners preliminary application.
19-103. Report and petition.
19-104. Filing of petition and financing statement.
19-105. Feasibility studies authorized.
19-106. Advisability hearing.
19-107. Criteria of advisability.
19-108. Exception where public health is affected.
19-109. Effective date of advisability resolution, protests.
19-110. Deposit of costs and special assessments.
19-111. Annexation a condition precedent to extension of water service.
19-112. Ordinance not one of limitation.
19-113. Statutory amendments.
ARTICLE 2. WATER RATES AND SURCHARGES
19-201. Surcharges.
19-202. Application of surcharge funds.
19-203. Duties of city clerk and treasurer.
ARTICLE 3. IMPACT FEES
19-301. Utility impact fee.
19-302. Criteria.
19-303. Amount.
19-304. Time of assessment - payment.
19-305. Use of funds.
19-310.1. Arterial roadway impact fee.
19-310.2. Imposition of impact fee.
19-310.3. Calculation of impact fee.
19-310.4. Use of impact fee.
19-310.5. Credit of prior assessment.
19-310.6. Variances, exceptions, appeals.
19-310.7. Effect of impact fee on zoning and subdivision regulations and other laws or regulations applicable.
19-320. Park impact fee; intent and purpose.
19-320.1. Short title, authority, and applicability.
19-320.2. Intents and purposes.
19-320.4. Rules of construction.
19-320.5. Definitions.
19-320.6. Imposition of park impact fee.
19-320.7. Computation of the amount of park impact fee.
19-320.8. Payment of fee.
19-320.9. Park impact fee fund established.
19-320.10. Use of funds.
19-320.11. Exemption.
19-320.12. Variances, exceptions, appeals.
19-320.13. Severability.
ARTICLE 4. WATER USAGE RESTRICTIONS
19-401. Purpose.
19-402. Declaration of emergency.
19-403. Definitions.
19-404. Water use restrictions - classes.
19-405. Notification.
19-406. Enforcement.
19-407. Penalty for violation.
19-408. Exemptions.
ARTICLE 5. STORM WATER UTILITY
19-501. Intent and purpose.
19-502. Creation of a Storm Water Utility.
19-503. Administration.
19-504. Abbreviations.
19-505. Definitions.
19-506. General prohibition.
19-507. Specific Prohibitions and Requirements.
19-508. Release Reporting and Cleanup.
19-509. Storm Water Discharges from Construction Activities.
19-510. Storm Water Discharges Associated with Industrial Activity.
19-511. Ditches and Ponds
19-512. Compliance monitoring
19-513. Subdivision development
19-514. Enforcement actions.
19-515. Applicability of Enforcement Actions
19-516. Hearing and Appeal.
19-517. Enforcement personnel authorized.
19-518. Other remedies.
19-519. Falsifying information.
19-520. Supplemental enforcement actions
19-521. Storm water management fee.
19-522. Storm water utility fund.
19-523. Payment.
19-524. Billing.
19-525. Penalties.
19-526. Tax liens.
19-527. Newly annexed.
19-528. Severability.
19-529. Post Construction Best Management Practices.
ARTICLE 6. RECYCLABLE WASTE UTILITY AND CURBSIDE RECYCLING SYSTEM
19-601. Definitions.
19-602. Creation of Recyclable Waste Utility.
19-603. Findings and Determinations.
19-604. Administration.
19-605. Recyclable Waste Removal and Administrative and Billing Fees Established.
19-606. Recyclable Waste Removal Fee Collection.
19-607. Recyclable Waste Utility Enterprise Fund.
19-608. Severability.
CHAPTER XX. ZONING AND PLANNING
ARTICLE 1. PLANNING COMMISSION
20-101. Commission Reestablishment and Membership.
20-102. Member Appointment, Removal, and Terms.
20-103. Conflict of Interest and Compensation of Members.
20-104. Officers, Bylaws and Committees.
20-105. Meetings, Voting and Records.
20-106. Planning Commission Powers and Duties.
20-107. Board of Zoning Appeals.
20-108. Budget.
ARTICLE 2. ANNEXATION REGULATIONS
20-201. Voluntary annexation.
20-202. Annexation approval by planning commission.
20-203. Annexation by governing body.
20-204. Suspension of annexation procedure.
APPENDIX A – CHARTER ORDINANCES
CHARTER ORDINANCE NO. 1
CHARTER ORDINANCE NO. 2
CHARTER ORDINANCE NO. 3
CHARTER ORDINANCE NO. 4
CHARTER ORDINANCE NO. 5
CHARTER ORDINANCE NO. 6
CHARTER ORDINANCE NO. 7
CHARTER ORDINANCE NO. 8
CHARTER ORDINANCE NO. 9
CHARTER ORDINANCE NO. 10
CHARTER ORDINANCE NO. 11
CHARTER ORDINANCE NO. 12
CHARTER ORDINANCE NO. 13
CHARTER ORDINANCE NO. 14
CHARTER ORDINANCE NO. 15
CHARTER ORDINANCE NO. 16
CHARTER ORDINANCE NO. 17
CHARTER ORDINANCE NO. 18
CHARTER ORDINANCE NO. 19
CHARTER ORDINANCE NO. 20
CHARTER ORDINANCE NO. 21
CHARTER ORDINANCE NO. 22
CHARTER ORDINANCE NO. 23
CHARTER ORDINANCE NO. 24
CHARTER ORDINANCE NO. 25A
CHARTER ORDINANCE NO. 25B
APPENDIX B – FRANCHISE ORDINANCES
ORDINANCE NO. 898 (ELECTRIC FRANCHISE)
ORDINANCE NO. 1186 (TELECOM FRANCHISE)
ORDINANCE NO. 1267 (TELECOM FRANCHISE)
ORDINANCE NO. 1270 (TELECOM FRANCHISE)
ORDINANCE NO. 1271 (TELECOM FRANCHISE)
ORDINANCE NO. 1272 (TELECOM FRANCHISE)
ORDINANCE NO. 1273 (TELECOM FRANCHISE)
ORDINANCE NO. 1274 (TELECOM FRANCHISE)
ORDINANCE NO. 1421 (GAS FRANCHISE)
ORDINANCE NO. 1539 (TELECOM FRANCHISE)
ORDINANCE NO. 1594 (ELECTRIC FRANCHISE)
ORDINANCE NO. 1620 (TELECOM FRANCHISE)
ORDINANCE NO. 1840 (TELECOM FRANCHISE)
ORDINANCE NO. 1902 (TELECOM FRANCHISE)
ORDINANCE NO. 1936 (TELECOM FRANCHISE)
APPENDIX C – ZONING REGULATIONS
APPENDIX D – SUBDIVISION REGULATIONS
APPENDIX E – FLOODPLAIN MANAGEMENT REGULATIONS