JOHNSON COUNTY PUBLIC NOTICES - The Legal Record

JOHNSON COUNTY PUBLIC NOTICES - The Legal Record
THE LEGAL RECORD • NOVEMBER 18, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 1402
First published in The Legal Record, Tuesday, November 18, 2014.
ORDINANCE NO. 1402
AN ORDINANCE RELATING TO THE REGULATION OF TRAFFIC WITHIN THE CORPORATE LIMITS OF THE
CITY OF MISSION HILLS, KANSAS; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES,” EDITION OF 2014, WITH CERTAIN OMISSIONS, CHANGES AND ADDITIONS.;
PRESCRIBING ADDITIONAL REGULATIONS; REPEALING EXISTING SECTIONS 3-101, 3-102, 3-103, 3-104,
3-105, 3-106, 3-107, 3-108, 3-109, 3-110, 3-111, 3-112, 3-113 AND 3-114 OF THE CODE OF ORDINANCES
OF THE CITY OF MISSION HILLS, KANSAS, AND ORDINANCE NO. 1377; AND ADDING SECTIONS 3-115,
3-116 AND 3-117 TO THE CODE OF ORDINANCES OF THE CITY OF MISSION HILLS, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION HILLS, KANSAS:
SECTION 1.
Existing Section 3-101 of the Code of the City of Mission Hills, Kansas, is
hereby amended to read as follows:
3-101.
Incorporating Standard Traffic Ordinance. There is hereby incorporated by
reference for the purpose of regulating traffic within the corporate limits of the City of Mission Hills,
Kansas, that certain Standard Traffic Ordinance known as the “Standard Traffic Ordinance for Kansas
Cities,” Edition of 2014, prepared and published in book form by the League of Kansas Municipalities,
Topeka, Kansas, save and except those articles, parts or portions as are hereafter omitted, deleted,
modified or changed, and with the additions thereto, as are made by this or any other ordinance of
the City hereafter adopted. No fewer than one (1) copy of this Standard Traffic Ordinance shall be
marked or stamped “Official Copy as Adopted by Ordinance No. 1402,” with all sections or portions
thereof intended to be omitted, changed or added clearly marked to show any such omission, change
or addition and to which shall be attached a copy of this Ordinance, and filed with the City Clerk to be
open to inspection and available to the public at all reasonable hours. The Police Department, Judge
of the Municipal Court and all other administrative departments of the City charged with enforcement
of the Ordinance shall be supplied, at the cost of the City, with the number of official copies of this
Standard Traffic Ordinance similarly marked, as may be deemed expedient.
limit shall be effective when appropriate signs giving notice thereof are erected.
(b)
Doubling of Fines in Road Construction Zones. Fines listed in the schedule
of fines, established pursuant to Section 201 of this Code, shall be doubled if a person is convicted
of a traffic offense or ordinance traffic infraction committed within any road construction zone.
(c)
Notice of Doubled Fines The City Administrator or his or her designee shall
post signs informing motorists that conviction of a traffic offense or ordinance traffic infraction committed within a road construction zone shall result in a fine which is double the fine listed in the schedule
of fines.
SECTION 6.
Existing Section 3-106 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
3-106.
Abandoned Motor Vehicles. The following provisions are hereby adopted
and added to the Standard Traffic Ordinance as Sections 83.1 thereof:
Section 83.1. Abandoned Motor Vehicles.
(a)
Prohibition. No person, firm or corporation shall abandon any motor vehicle
within the City of Mission Hills, Kansas.
(b)
Definition of Abandoned Motor Vehicle. For the purpose of this section an
abandoned motor vehicle is any unoccupied motor vehicle that is or has been: (i) placed, parked,
stopped or standing upon public property other than a highway or public parking lot without the consent of the owner; (ii) placed, parked, stopped or standing on any highway or public parking lot for a
period of 48 hours consecutively; or (iii) placed, parked, stopped or standing in violation of Section
83, Section 85 or Section 93 of the Standard Traffic Ordinance.
(c)
(2)
Disposition. Any motor vehicle removed and impounded pursuant
to this section shall be disposed of in compliance with the procedures for impoundment,
notice and public auction or other disposition, as set forth in K.S.A. В§ 8-1102(a)(2) and
amendments thereto.
3-102.
Speed Limits. The City Council, based on sound engineering and traffic principles and in the furtherance of public safety, having established maximum speed limits on all streets
within the City hereby determines and declares that the maximum speed limits shall be as follows:
(3)
Title; Proceeds. After any sale pursuant to this section, the purchaser may file proof thereof with the Division of Motor Vehicles so that the Division shall
issue a certificate of title to the purchaser of the motor vehicle sold. All moneys derived
from the sale of motor vehicles pursuant to this section shall be paid into the General Fund
of the City of Mission Hills, Kansas; provided, that if the identity of the owner of such a
vehicle is known, then all moneys derived from the sale of that vehicle, after payment of
the expenses of the impoundment and sale, shall be paid to its owner.
Speed not in excess of 30 miles per hour shall be lawful on the following
streets:
(1) Mission Road;
(2) State Line Road;
(3) Tomahawk Road, except that from Wenonga Terrace to Mission Road the
maximum speed limit is 25 miles per hour;
(b)
(c)
Except as provided in subsection (c) hereof, the maximum speed limit upon
streets or portions of streets abutting school property or adjacent to school
crosswalks in those areas designated as school zones shall be the speed limit
posted on the appropriately erected signs giving notice of the speed limit in
said school zones. The maximum speed to be posted within each school zone
shall be determined by the traffic engineer retained by the City to consult on
traffic matters, provided the speed limit shall not be less than 20 miles per hour.
Maximum speed limits within school zones shall be effective and subject to
enforcement by law enforcement officers during those time periods set forth on
appropriately erected signs giving notice of the effective hours of enforcement
or during those times a flashing yellow beacon is in operation with appropriately
erected signs indicating the school zone speed limits are enforced during the
times the flashing yellow beacon is in operation. Said traffic engineer shall
determine the times of enforcement for school zones within the City, provided
such speed limits shall apply only during the hours in which students are
normally en route to or from school.
Notwithstanding subsection (b), it having been determined upon the basis of an
engineering and traffic investigation that the speed limits currently posted for
certain school zones along Mission Road are greater or less than is reasonable
or safe under the conditions found to exist therein, a speed limit of 25 miles
per hour shall apply at the following streets and/or parts of streets as shall be
posted in accordance with subsection (b) hereof and during those time periods
set forth on appropriately erected signs giving notice of the effective hours of
enforcement or during those times a flashing yellow beacon is in operation:
(1)
(2)
67th Street & Mission Road (Prairie Elementary School).
63rd Street & Mission Road (Indian Hills Middle School).
(d)
On all other streets within the City, 25 miles per hour.
(e)
The Chief of Police is hereby directed to erect appropriate signs giving notice
of these speed limits along these streets.
SECTION 3.
Existing Section 3-103 of the Code of the City of Mission Hills, Kansas, is
hereby amended and adopted as an addition to the STO to read as follows:
3-103.
Definitions.
A. Pedestrian. The following provision is hereby adopted and added to the
Standard Traffic Ordinance, Section 1 thereof:
(d) The term pedestrian includes individuals who are walking, jogging or running within the
city limits of Mission Hills, Kansas. When this article requires that pedestrians walk in a certain
fashion, the term walk shall be defined to include the acts of running and jogging.
B.
Traffic Offense Defined. The following provision is hereby adopted and added
to the Standard Traffic Ordinance, as Section 1.1 thereof:
Section 1.1 Traffic Offense Defined. When used in this ordinance, the phrase “traffic
offense” shall, for the purpose of this ordinance and other traffic ordinances, mean the violation of
any of the following sections of this ordinance: Section 29.1; Section 34.1, Section 83.1; Section 93;
Section 116.1; Section 126.3; and Section 126.4.
SECTION 4.
Existing Section 3-104 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
3-104.
Careless Driving. The following provision is hereby adopted and added to
the Standard Traffic Ordinance as Section 29.1 thereof:
Section 29.1. Careless Driving. No person shall operate or halt any vehicle in such a
manner as to indicate a careless or heedless disregard for the rights or safety of others; or in such a
manner as to endanger or be likely to endanger any person or property.
SECTION 5.
Existing Section 3-105 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
3-105.
Road Construction Zone Speed Limits. The following provisions are hereby
adopted and added to the Standard Traffic Ordinance as Sections 34.1 thereof:
Section 34.1. Road Construction Zone Speed Limits.
(a)
Establishing Speed Limits. The City Administrator or his or her designee may
establish the speed limit within a road construction zone upon any road within the City, and the speed
Removal and Disposition of Abandoned Motor Vehicle.
(1)
Removal. Whenever any person shall have abandoned a motor
vehicle in violation of this section, any police officer may remove and impound or cause
the removal and impoundment of that motor vehicle.
SECTION 2.
Existing Section 3-102 of the Code of the City of Mission Hills, Kansas, is hereby
amended and adopted as an addition to the Standard Traffic Ordinance for Kansas Cities, Edition 2013 (“STO”)
to read as follows:
(a)
PAGE (d)
Relation to Other Provisions. Nothing in this section shall be construed as
authorizing or permitting the stopping, standing, or parking of any vehicle in any manner or in any
place prohibited by any other provision of the Standard Traffic Ordinance or by any other ordinance
of the City of Mission Hills, Kansas.
SECTION 7.
Existing Section 3-107 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
3-107. Parking Disabled and Other Vehicles. Section 93 of the Standard Traffic Ordinance is hereby
changed to read as follows:
Section 93. Parking Disabled and Other Vehicles.
(a)
No person shall park or store any disabled automobile or vehicle or farm
machinery, trailer or semitrailer of any kind, or parts of the same, or any junk automobiles or vehicles
or farm machinery or trailers, or semitrailers, in the roadway of any highway, or between the property
line or sidewalk and the curb line of any street.
(b)
A person shall not use the public highway to abandon vehicles or use the
highway to leave vehicles unattended in such a manner as to interfere with public highway operations.
When a person leaves a motor vehicle on a public highway or other property open to use by the public,
the city having jurisdiction of that highway or other property open to use by the public, after 48 hours
or when the motor vehicle interferes with public highway operations, may remove and impound the
motor vehicle.
SECTION 8.
Existing Section 3-108 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
3-108.
Driving, Stopping, Standing and Parking Motor Vehicles in Bicycle Lane
Prohibited. The following provision is hereby adopted and added to the Standard Traffic Ordinance
as Section 116.1 thereof:
Section. 116.1. Driving, Stopping, Standing and Parking of Motor Vehicles in Bicycle
Lane – Prohibited. No driver of any motor vehicle shall drive, stop, park or allow that vehicle to stand
in any path or roadway area set aside, designated and marked for the exclusive use of bicycles. For
purposes of this section, a motorized bicycle shall not be considered as a motor vehicle.
SECTION 9.
Existing Section 3-108.5 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
5-5.5.
Driving Through or On Public or Private Property to Avoid Traffic Control
Devices. Section 118 of the Standard Traffic Ordinance is hereby changed to read as follows:
Section 118. Driving Through or On Public or Private Property to Avoid Traffic Control Devices. No person shall drive through the service entrance or driveway of any public or private
property adjacent to any street intersection to avoid any official traffic control device or short cut from
one street to another.
SECTION 10.
Existing Section 3-109 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
3-109.
Regulation of Truck Traffic. The following provision is hereby adopted and
added to the Standard Traffic Ordinance as Section 126.3 thereof:
Section 126.3. Regulation of Truck Traffic. No person shall operate a truck upon any
street of the City; provided that, the foregoing prohibition shall not apply to:
(a)
Emergency Vehicles. The operation of any emergency vehicle.
(b)
Maintenance and Construction Trucks. The operation of any vehicle, owned
or operated by any public utility or any contractor or materialman that is engaged in any repair, maintenance or construction work performed on property located within the City.
City.
(c)
Municipal Vehicles. The operation of any vehicle by or on behalf of the
(d)
Delivery Trucks. The operation of any truck carrying goods, merchandise or
other articles to or from any location in the City; provided, that any truck so engaged enters the City
at a cross street nearest to that location in the direction in which that vehicle is moving and upon
delivering or receiving the goods, merchandise or other articles, the truck proceeds upon the street
or streets providing the most direct access to the next destination of that truck.
SECTION 11.
Existing Section 3-110 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
3-110.
Regulation of Bus Traffic. The following provision is hereby adopted and
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PAGE THE LEGAL RECORD • NOVEMBER 18, 2014
JOHNSON COUNTY PUBLIC NOTICES
CONTINUED FROM PRECEDING PAGE
ordinance classified as a traffic offense by this ordinance or as an ordinance traffic infraction by K.S.A.
Supp. 8-2118, and amendments thereto. The fine for violation of an ordinance traffic infraction or
any other traffic offense established by the judge of the municipal court in that fine schedule shall not
be less than five dollars ($5.00) nor more than five hundred dollars ($500.00). These fines shall be
imposed upon a voluntary entry of appearance and upon a plea of guilty or no contest to a complaint
alleging the violation and payment of the fine and any court costs.
added to the Standard Traffic Ordinance as Section 126.4 thereof:
Section 126.4. Regulation of Bus Traffic. No person shall operate a bus upon any street
of the City; provided that the foregoing prohibition shall not apply to:
(a)
(c)
A person who has been convicted of an ordinance traffic infraction or a traffic
offense may be sentenced to pay a fine, which shall be fixed by the court not exceeding $500.
School Buses. The operation of any bus by a school district.
(b)
Public Transportation Buses. The operation of any bus by the Kansas City
Area Transportation Authority, the Johnson County Transit Authority or any governmental agency or
non-profit organization providing public transportation.
(c)
Buses Loading or Unloading Within the City. The operation of any bus that is
loading or unloading persons at a specified location within the City; provided, that any bus so engaged
enters the City at a cross street nearest to said location in the direction in which that bus is moving
and upon loading or unloading the bus proceeds upon the street or streets providing the most direct
access to the next destination of that bus.
(d)
Bus Defined. For the purpose of this section, the definition the purpose of this
section, the definition of bus shall be as follows: Every motor vehicle designed to carry more than 15
passengers.
SECTION 12.
Existing Section 3-111 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
(d)
Every person convicted of a violation of any of the provisions of this ordinance
for which another penalty is not provided by this ordinance or by the schedule of fines established by
the judge of the municipal court shall be punished for first conviction thereof by a fine of not more than
$500 or by imprisonment for not more than one month or by both such fine and imprisonment; for a
second such conviction within one year thereafter that person shall be punished by a fine of not more
than $1,000 or by imprisonment for not more than six months or both such fine and imprisonment;
upon a third or subsequent conviction within one year after the first conviction such person shall be
punished by a fine of not more than $2,500 or by imprisonment for not more than one year or by both
such fine and imprisonment.
SECTION 17.
Section 3-116 is hereby added to the Code of Ordinances of the City of Mission
Hills, Kansas, and shall read as follows:
3-116. Section 23 Amended. Section 23 of the Standard Traffic Ordinance is hereby changed to
read as follows:
3-111.
Vehicle License; Illegal Tag. Section 198 of the Standard Traffic Ordinance
is hereby changed to read as follows:
(a)
(a)
The driver of any vehicle involved in an accident resulting in injury to, great
bodily harm or death of any person or damage to any attended vehicle or property shall immediately
stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until the driver has
fulfilled the requirement of Section 25.
It shall be unlawful for any person to:
(1)
Operate, or for the owner thereof knowingly to permit the operation,
upon a highway of any vehicle that is not registered, or for which a certificate of title has
not been issued or that does not have attached thereto and displayed thereon the license
plate or plates assigned thereto by the division for the current registration year, including
any registration decal required to be affixed to any such license plate pursuant to K.S.A.
8-134, and amendments thereto, subject to the exemptions allowed in K.S.A. Supp. 8135, K.S.A. Supp. 8-198 and K.S.A. 8-1751a, and amendments thereto. A violation of this
section by a person unlawfully claiming that a motor vehicle is exempt from registration
as a self-propelled crane under subsection (b) of K.S.A. Supp. 8-128, and amendments
thereto, shall constitute a violation punishable by a fine of not less than $500.
(2)
Display or cause or permit to be displayed, or to have in possession, any registration receipt, certificate of title, registration license plate, registration decal,
accessible parking placard or accessible parking identification card knowing the same to
be fictitious or to have been canceled, revoked, suspended or altered. A violation of this
subsection (2) shall constitute an ordinance violation punishable by a fine of not less than
$100 and forfeiture of the item. A mandatory court appearance shall be required of any
person violating this subsection (2). This subsection (2) shall not apply to the possession
of:
(A)
(B)
Model year license plates displayed on antique vehicles as allowed under K.S.A.
Supp. 8-172, and amendments thereto; or
Distinctive license plates allowed under K.S.A. Supp. 8-1,147, and amendments
thereto.
(5)
Carry or display a registered number plate or plates or registration
decal upon any vehicle not lawfully issued for that vehicle.
3-112.
Traffic Control Signal Preemption Devices. Section 13.1, subsection (c) of
the 2011 Standard Traffic Ordinance is hereby changed to read as follows:
(c) The provisions of this section shall not apply to the operator, passenger, or owner of any of the
following authorized emergency or public works vehicles, in the course of such person’s emergency
or public safety duties:
(3) Motor vehicles operated by ambulance services permitted by the emergency medical
services board; or
(4) Publicly owned public works vehicles during snow removal operations.
SECTION 14.
Existing Section 3-113 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
3-113.
Unattended Vehicles. No person either operating or in charge of a motor
vehicle shall leave the vehicle unattended and unlocked on either a public or private area within the
City unless the ignition of such vehicle is in the locked position, the keys are removed from the ignition and effectively setting the brake thereon and, when standing upon any grade, turning the front
wheels to the curb or side of the highway. These provisions shall not apply if the windows are closed
and the doors locked or the vehicle is in a closed and secure building or when an engine has been
activated by a remote starter system when the keys are not in the motor vehicle. A vehicle shall be
presumed unattended if the owner or person in charge of the vehicle is not in the vehicle or is not in
the immediate vicinity so as to have direct control or access to the vehicle.
SECTION 15.
Existing Section 3-114 of the Code of the City of Mission Hills, Kansas, is
hereby amended and adopted as an addition to the STO to read as follows:
3-114. Driver’s License Notice of Change of Address or Name. Whenever any person, after applying for or receiving a driver’s license shall move from the mailing address or residence address
named in such application or in the license issued to such person, or when the name of the licensee
is changed by marriage or otherwise, such person, within 10 days thereafter, shall notify the Division
in writing of such person’s old and new mailing and residence addresses or of such former and new
names and of the number of any driver’s license then held by such person.
SECTION 16.
Section 3-115 of the Code of the City of Mission Hills, Kansas, is hereby adopted
as an addition to the STO to read as follows:
3-115. Penalties. Section 201 of the Standard Traffic Ordinance is hereby changed to read as follows:
Section 201. Penalties.
(a)
It is unlawful for any person to violate any of the provisions of this ordinance.
(b)
The judge of the Municipal Court shall in the manner prescribed by K.S.A.
12-4305, and amendments thereto, establish a schedule of fines for violation of any section of this
(1)
Total property damages of less than $1,000 shall be punished as
provided in Section 201, as amended.
(2)
Injury to any person or property damages in excess of $1,000 shall
be punished by imprisonment for not more than one year or by a fine
of not more thatn $2,500, or by both such fine and imprisonment.
The driver shall comply with the provisions of Section 26.1.
Section 200. Motore Vehicle Liability Insurance.
(b)
An owner of an insured motor vehicle shall not permit the operation thereof
upon a highway or upon property open to use by the public, unless such motor vehicle is expressly
exempted from the provisions of the Kansas Automobile Injury Reparations Act.
SECTION 19.
Repeal. Existing Sections 3-101, 3-102, 3-103, 3-104, 3-105, 3-106, 3-107,
3-108, 3-109, 3-110, 3-111, 3-112, 3-113 and 3-114 of the Code of Ordinances of the City of Mission Hills, Kansas, and Ordinance No. 1377 are hereby repealed. The repeal of any ordinance or parts of an ordinance by this
Ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or
proceeding under or by virtue of the repealed ordinance.
SECTION 20.
Codification. Sections 1 through 18, inclusive, of this ordinance shall be
codified in the Code of Ordinances of the City of Mission Hills, Kansas.
SECTION 19.
Effective Date. This ordinance shall take effect and be in force from and after
its publication, or the publication of a summary thereof, in the official City newspaper.
PASSED by the City Council this 10th day of November, 2014. APPROVED by the Mayor.
(1) Publicly owned fire department vehicles
(2) Publicly owned police vehicles
(c)
A person who violates subsection (a) when an accident results in:
(a)
Every owner shall provide motor vehicle liability insurance coverage in accordance with the provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq.,
and amendments thereto, for every motor vehicle owned by such person, unless such motor vehicle:
(1) is included under an approved self-insurance plan as provided in K.S.A. 40-3104(f); (2) is used as a
driver training motor vehicle, as defined in K.S.A. 72-5015, and amendments thereto, in an approved
driver training course by a school district or an accredited nonpublic school under an agreement with
a motor vehicle dealer, and such motor vehicle liability insurance coverage is provided by the school
district or accredited nonpublic school; (3) is included under a qualified plan of self-insurance approved
by an agency of the state in which such motor vehicle is registered and the form prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto, has been filed; or (4) is expressly exempted from
the provisions of the Kansas Automobile Injury Reparations Act.
(4)
Remove, conceal, alter, mark or deface the license number plate
or plates or any other mark of identification upon any vehicle. License plates shall be kept
clean and they shall be placed on all vehicles within the city as required by law so as to
be plainly legible.
SECTION 13.
Existing Section 3-112 of the Code of the City of Mission Hills, Kansas, is
hereby readopted as an addition to the STO to read as follows:
(b)
SECTION 18.
Section 3-117 is hereby added to the Code of Ordinances of the City of Mission
Hills, Kansas, and shall read as follows:
3-117. Section 200 Amended. Section 200 of the Standard Traffic Ordinance is hereby
changed to read as follows:
(3)
Lend to or knowingly permit the use by one not entitled thereto any
registration receipt, certificate of title, registration license plate or registration decal issued
to the person so lending or permitting the use thereof.
(b)
Any person violating subsections (a)(1), (a)(2) or (a)(3) shall be punished by a fine
not exceeding $2,500, or by imprisonment for not less than 30 days nor more than six months, or by
both such fine and imprisonment. Any person violating subsections (a)(4) or (a)(5) shall be punished
as provided in section 201(d) of this ordinance. (K.S.A. Supp. 8-142; K.S.A. 8-149)
Section 23. Accident Involving Death or Personal Injuries; Penalties.
/s/ Richard T. Boeshaar
Richard T. Boeshaar, Mayor
ATTEST:
/s/ Megan Nelson
Megan Nelson, City Clerk
APPROVED AS TO FORM:
/s/ Neil R. Shortlidge
Neil R. Shortlidge, City Attorney
11/18
NOTICE OF PUBLIC HEARING
First published in The Legal Record, Tuesday, November 18, 2014.
CITY OF MISSION HILLS, KANSAS
NOTICE OF PUBLIC HEARING ON
REVISIONS TO EXISTING ZONING REGULATIONS
Notice is hereby given that the Planning Commission will hold a public hearing to consider amending existing
Sections 5-145 D, 5-103.28 and 5-1026 of the Zoning Regulations. The public hearing will be held at City Hall,
6300 State Line Road, Mission Hills, KS 66208, on Wednesday, December 10, 2014, at 5:00 p.m., pursuant to
Kansas Statutes Annotated В§12-757.
The proposed amendments to the Zoning Regulations should be reviewed to determine all proposed changes
and the scope and nature of the changes. Copies are available for review at City Hall, 6300 State Line Road,
Mission Hills, KS 66208.
/s/
11/18
Jill Clifton
Planner
THE LEGAL RECORD • NOVEMBER 18, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 1403
First published in The Legal Record, Tuesday, November 18, 2014.
ORDINANCE NO. 1403
or the person in possession of that property.
AN ORDINANCE RELATING TO THE REGULATION OF PUBLIC OFFENSES WITHIN THE CORPORATE
LIMITS OF THE CITY OF MISSION HILLS, KANSAS; INCORPORATING BY REFERENCE THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES,” EDITION OF 2014, WITH CERTAIN OMISSIONS,
CHANGES AND ADDITIONS; PRESCRIBING ADDITIONAL REGULATIONS; AMENDING AND REPEALING
EXISTING SECTIONS 4-101, 4-102, 4-103, 4-104, 4-105, 4-106, 4-107 AND 4-108 OF THE CODE OF ORDINANCES OF THE CITY OF MISSION HILLS, KANSAS; AND REPEALING ORDINANCE NO. 1353.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION HILLS, KANSAS:
4-101.
Incorporating Uniform Public Offense Code. There is hereby incorporated by reference
for the purpose of regulating conduct within the corporate limits of the City of Mission Hills, Kansas,
that certain Uniform Public Offense Code known as the “Uniform Public Offense Code for Kansas
Cities,” Edition of 2014, prepared and published in book form by the League of Kansas Municipalities,
Topeka, Kansas, save and except those articles, parts or portions as are hereafter omitted, deleted,
modified or changed, and with those additions thereto, as are made by this or any other ordinance of
the City hereafter adopted. No fewer than one (1) copy of the Uniform Public Offense Code shall be
marked or stamped “Official Copy as Adopted by Ordinance No. 1403,” with all sections or portions
thereof intended to be omitted, changed or added clearly marked to show any omission, change or
addition and to which shall be attached a copy of this Ordinance, and filed with the City Clerk to be
open to inspection and available to the public at all reasonable hours. The Police Department, Judge
of the Municipal Court and all other administrative departments of the City charged with enforcement
of the Ordinance shall be supplied, at the cost of the City, with the number of official copies of the
Uniform Public Offense Code similarly marked, as may be deemed expedient.
Section 5.6. Purchase or Possession of Cigarettes or Tobacco Products by a Minor.
(a)
It is unlawful for any person within the City limits to tack, paste, paint, hang or place in any
manner whatsoever, or cause to be tacked, posted, hung, or placed in any manner whatsoever,
any handbills, dodgers, signs, or advertisements, written or unwritten, or printed matter, to or
upon any telephone or telephone pole, sidewalk, or building in the City, or to throw, scatter or
cause to be thrown or scattered, any handbills, dodgers or other advertisements or propaganda,
or of written or printed matter or paper of any kind upon any street, alley, sidewalk, vacant lot,
City property, or yard within the City limits.
(c)
Violation of this section is a Class C violation.
(a)
Opening, damaging or removing coin-operated machines is willfully and knowingly opening,
removing or damaging any vending machine dispensing goods or services, money changer
or any other device designed to receive money in the sale, use or enjoyment of property or
services or any part thereof, with intent to commit theft.
(b)
Violation of this section is a Class A violation.
Section 6.28.В В Possession of Tools for Opening, Damaging or Removing Coin-operated Machines.
SECTION 2.
That existing Section 4-102 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby readopted as an amendment to the Uniform Public Offense Code to read as follows:
4-102.
Article 5 Amendments.
Article 5 of the Uniform Public Offense Code is hereby
amended by deleting existing section 5.6 and inserting in place thereof the following:
(b)
Section 6.27.В В Opening, Damaging or Removing Coin-operated Machines.
SECTION 1.
That existing Section 4-101 of the Code Of Ordinances of the City of Mission
Hills, Kansas, is hereby amended to read as follows:
(a)
Possession of tools for opening, damaging or removing coin-operated machines is the possession of any key, tool, instrument or other device, or any drawing, print or mold of a key or other
device or any explosive specifically designed for or suitable for the use in opening or breaking
into any vending machine dispensing goods or services, money changer or any other device
designed to receive money in the sale, use or enjoyment of property or services with intent to
commit theft.
(b)
Violation of this section is a Class B violation.
Section 6.29.В В Use of Water from Ponds, Lakes and Watercourses.
(a)
It shall be unlawful for any person to use or cause to be used, in any manner whatsoever, water
from any pond, lake, stream, creek or natural watercourse within the City (1)В in connection
with the spraying of trees, grass and other vegetation for the purpose of controlling insects or
disease of any kind or nature; (2)В in connection with any business or commercial venture of
any kind or nature; or (3)В in any manner that is likely to be harmful, detrimental, or injurious to
public health, safety or welfare, or to plant, animal or aquatic life.
(b)
Violation of this section is a Class B violation.
It shall be unlawful for any person:
(1)
(2)
who is under 18 years of age to purchase or attempt to purchase cigarettes or
tobacco products; or
Section 6.30.В В Sources of Water Used.
who is under 18 years of age to possess or attempt to possess cigarettes or
tobacco products. (K.S.A. 79-3321:3322, as amended)
(a)
It shall be unlawful for any person to use in connection with the spraying of trees, grass and
other vegetation for the purpose of controlling insects or disease of any kind or nature within
the City, water (or other fluid which has been combined with this water) that has been obtained
from any source not approved by the City Administrator. Approved sources shall include the
official water supply system of any incorporated City in the State of Kansas or the State of
Missouri, and any other sources that the City Administrator may determine to be free of all
substances that might be harmful, detrimental, or injurious to public health, safety or welfare,
or to plant, animal, or aquatic life.
(b)
Violation of this section is a Class B violation.
Violation of this section shall be an ordinance infraction for which the fine shall be a minimum of $25.00 and a maximum
of $100.00. In addition, the judge may require the juvenile to appear in court with a parent or legal guardian.
SECTION 3.
That existing Section 4-103 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby readopted as an amendment to the Uniform Public Offense Code to read as follows:
4-103.
Article 6 Amendments. Article 6 of the Uniform Public Offense Code is hereby amended
by deleting the existing Sections 6.7 and 6.8 and inserting in place thereof the following Sections 6.7
and 6.8:
Section 6.31.В В Storing or Repairing of Vehicles.
Section 6.7. Criminal Trespass.
(a)
(b)
Prohibited Acts. Unless a person is legally privileged to do so, is an invitee, or is on a
sidewalk in the public right-of-way, no person shall enter or remain upon or in any land,
structure, vehicle, aircraft or watercraft:
(1)
if the person has been directed to leave that property by the owner thereof or
an authorized person;
(2)
if the premises or property are posted in a manner reasonably likely to come
to the attention of intruders;
(3)
if the premises are fenced or otherwise enclosed; or
(4)
between sunset on any day and sunrise of the next day.
Definition. For the purpose of this Section 6.7, certain terms shall be interpreted as follows:
(1)
“A person is legally privileged” if the person is the property
owner, a person having legal authority over the property, a federal, state,
county, city or other governmental agency officer, employee or agent acting
in the course of their employment, a land surveyor, licensed pursuant to
article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments
thereto, and the surveyor’s authorized agents and employees who enter
upon lands, waters or other premises in the making of a survey or an
employee of a utility acting in the course of their employment and with
regard to a utility located on, over or under the property at issue; and
(b)
Violation of this section is a Class B violation.
Section 6.32.В В Signs.
(a)
No person shall erect, maintain or display or cause to be erected, maintained or displayed,
and no owner of any real property or occupant of any dwelling shall permit the erection, maintenance or display of any sign on any property that such person may own or occupy, except
to the extent the erection, maintenance or display of a sign or signs is specifically permitted
by Chapter V of the Code. The definition of the term “sign”, found in Chapter V of the Code,
shall apply to this section.
(b)
Violation of this section is a Class B violation.
SECTION 5.
That existing Section 4-105 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby readopted as an addition to the Uniform Public Offense Code to read as follows:
the putting up, affixing or fastening or either or both to a traffic control device or
traffic control standard or telegraph, telephone, electric light, power, or other utility
pole, but it is not unlawful to affix official traffic control devices to these poles;
(2)
the placement of either or both on public property other than as prescribed in
subdivision 3 of this subsection;
(3)
the placement of either or both on right-of-way without the consent of the landowner or the person in possession whose land lies along the right-of-way where
that picture or advertisement is placed; or
(4)
the placement of either on private property without the consent of the landowner
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Violation of this section is a Class A violation.
(a)
any public street, highway, alley, road, right-of-way, park or other public place, or any lake,
stream, watercourse, or other body of water except by direction of some public officer or
employee authorized by law to direct or permit such acts; or
(b)
any private property without the consent of the owner or occupant of the property. (K.S.A.
21-3722).
Violation of this section is a Class C violation.
SECTION 4.
That existing Section 4-104 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby amended to read as follows:
4-104.
Article 6 Additions. The following provisions are hereby adopted and added to Article 6 of
the Uniform Public Offense Code as Sections 6.26, 6.27, 6.28, 6.29, 6.30, 6.31 and 6.32.
Section 6.26.В В Unlawful Posting of Pictures and Advertisements.
(a)
No person shall park a vehicle in the driveway or front yard of any residence in the City for
the purpose of storing that vehicle or making repairs or rebuilding of such vehicle, provided,
however, that this prohibition shall not apply to emergency repairs which may be completed
within twenty‑four (24) hours.
(1)
“A person is an invitee” if the person has been invited onto or in the property
by the property owner or a person having legal authority over the property or
the property owner or a person having legal authority consents to the person’s
presence upon or in that property.
Section 6.8.В В Littering. Littering is intentionally or recklessly depositing or causing to be deposited any
object or substance into, upon or about:
(a)
4-105. Article 9 Additions. The following provisions are hereby readopted and added to Article 9 of
the Uniform Public Offense Code as Sections 9.14, 9.15, 9.16, 9.17, 9.18, 9.19, 9.20, 9.21 and 9.22.
Section 9.14. Loitering.
(a)
Loitering is loafing, wandering, standing or remaining idle, either alone or in concert with others, in a
public place in a manner so as to:
(1)
obstruct any public street, public highway, public sidewalk or public building or any other place of
public access by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of
vehicles, traffic or pedestrians; or
(2)
committing in or upon any public street, public highway, public sidewalk or public building or any
other place of public access any act or thing that is an obstruction or interference to the free and uninterrupted
use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any
public street, public highway, public sidewalk or public building or any other place of public access, all of which
prevents the free and uninterrupted ingress, egress, and regress therein, thereon, and thereto.
(b)
When any person causes or commits any of the conditions enumerated in this section, a law
enforcement officer shall order that person to stop causing or committing that condition and to move on or
disperse. Any person who fails or refuses to obey this order is guilty of a violation of this section.
(c)
Violation of this section is a Class C violation.
Section 9.15. Solicitation, Peddling and Canvassing Regulations.
(a)
Purpose. The purpose of this Section is to regulate peddling, solicitation and canvassing in a manner
that promotes the general safety and well-being of the City’s residents while affording appropriate protection of
the constitutional rights of those who desire to engage in peddling, solicitation and canvassing within the City.
This ordinance is based on the following findings of the City Council.
(1)
City’s Substantial Interest in Safety and Security of its Residents. A primary and substantial
interest of the City is to secure the safety of residents and their homes. It is hereby found and determined by the
City Council that a variety of frauds and misleading devices are sometimes employed by Peddlers, Solicitors and
Canvassers. It is further found that crimes have been committed by persons posing as Peddlers, Solicitors and
Canvassers and that some Peddlers, Solicitors and Canvassers present a continuing danger of fraud, burglary,
robbery, and other crimes to the residents of the City. It is also found that crimes against City residents occur
more frequently in the evening after dark.
(2)
City’s Substantial Interest in Protecting the Well-Being, Tranquility and Privacy of its Residents’
Homes. A primary and substantial interest of the City is to protect the well-being, tranquility and privacy of the
home, which the United States Supreme Court has recognized as the “last citadel of the tired, the weary, and
the sick.” It is hereby found and determined by the City Council that residents of the City are subject to being
disturbed and annoyed by Peddlers, Solicitors and Canvassers during the early morning, late evening and night
time. In addition, one appropriate method by which residents may protect their privacy and prohibit peddling,
solicitation and canvassing on their property is by the display of a “no solicitor” sign and these signs are not
easily visible to Peddlers, Solicitors and Canvassers in the late evening and after dark.
(b)
Definitions. For the purpose of these Peddling, Solicitation and Canvassing Regulations, certain
terms and words shall be defined as follows:
(1)
Canvasser: Any person who attempts to make personal contact with a resident at his/her residence
without prior specific invitation or appointment from the resident, for the primary purpose of (1) attempting to
enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even
if incidental to that purpose the Canvasser accepts the donation of money for or against such cause, or (2)
distributing a Handbill or flyer advertising a non-commercial event or service, or (3) opinion sampling or poll-
(2)
(c)
PAGE unlawful posting of pictures and advertisements is:
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JOHNSON COUNTY PUBLIC NOTICES
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taking.
(2)
City: The City of Mission Hills, Kansas.
(3)
Handbill: Any printed or written material, any sample or device, circular, leaflet, pamphlet, paper,
booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
(A)
requesting the contribution of funds or anything of value, or advertising or selling or offering for sale or
taking or attempting to take orders for any service, merchandise, product, commodity, meeting, performance, or
event, of any kind, character, or description, for political, charitable, religious, commercial, or any other purposes;
or
(B)
which is used for canvassing, or which directs attention to any individual, organization, or activity, for the
purpose of directly or indirectly promoting the interest thereof.
Notwithstanding the foregoing, “Handbill” shall not be construed to include mail delivered by the United States
Postal Service, News Materials or any other material that has been requested by the recipient thereof.
(4)
News Materials: Newspapers, shoppers, news circulars, magazines or similar written or printed
material that specifically identify the name and address of the publisher.
(5)
Peddler: Any person who attempts to make personal contact with a resident at his/her residence
without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell
a good or service. A Peddler does NOT include a person who distributes handbills or flyers for a commercial
purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location
away from the residence or at a time different from the time of visit. Such a person is a Solicitor.
(6)
Solicitor: Any person who attempts to make personal contact with a resident at his/her residence
without prior specific invitation or appointment from the resident, for the primary purpose of (1) requesting the
contribution of funds or anything of value, or advertising or selling or offering for sale or taking or attempting
to take orders for any service, merchandise, product, commodity, meeting, performance, or event, of any kind,
character, or description, for political, philanthropic, charitable, religious, commercial, or any other purposes,
while traveling from house to house, door to door, street to street, or from place to place in the City or (2)
distributing a handbill or flyer advertising a commercial event or service.
(c)
Prohibited Acts.
(1)
It is unlawful for any Peddler, Solicitor or Canvasser to ring the bell, or knock on the door, or otherwise
attempt to solicit or canvass at a residence where a sign bearing the words “No Solicitors,” “No Trespassers,”
or words of similar import indicating that these persons are not wanted at the residence, is painted, affixed, or
otherwise displayed in a manner that it should be visible to persons approaching the front door of the residence;
provided that this Subsection shall not apply to any Peddler, Solicitor or Canvasser who gains admittance to a
residence at the invitation or with the consent of the occupant thereof. For purposes of this section, the “No
Solicitors” decal issued by the City Clerk shall apply to and constitute sufficient notice to all Peddlers, Solicitors
and Canvassers. However, other similar signs, as defined above, are also sufficient. All signs described in this
Subsection are deemed to be Security Signs under Chapter V, Article 14 of the City Code of Ordinances.
(2)
It is unlawful for any Peddler, Solicitor or Canvasser to remain upon any private property where a
notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or
dwelling at which guests would normally enter, which sign contains the words “No Soliciting” or “No Solicitors”
or “No Trespassers” and which is clearly visible to the Peddler, Solicitor or Canvasser.
(3)
It is unlawful for any Peddler, Solicitor or Canvasser to peddle, solicit or canvass prior to 10:00 a.m.
or after 7:00 p.m., except that from April 1 to September 1, peddling, solicitation and canvassing may take place
from 10:00 a.m. to 9:00 p.m.
(4)
It is unlawful for any Peddler, Solicitor or Canvasser to engage in peddling, soliciting or canvassing at
any residence after having been asked by the owner or occupant to leave the residence.
(5)
It is unlawful for any Peddler, Solicitor or Canvasser to fail to provide, at the request of the individual
being peddled, solicited, or canvassed, a written receipt for contributions and purchases exceeding Five Dollars
($5.00) in cash or tangible property, which receipt shall be signed by the Peddler, Solicitor or Canvasser and
shall set forth a brief description of the contribution received or the goods or services sold, the amount of cash
contributed or paid, if any, the balance due and the terms of payment.
(6)
It is unlawful for any Canvasser to fail at the outset to disclose to the individual being canvassed the
name of the political, charitable, religious, commercial or other entity that the Canvasser represents.
(7)
It is unlawful for any Peddler, Solicitor or Canvasser to make any assertion, representation or
statement that misrepresents the purpose of the peddling, solicitation or canvassing or to use any plan, scheme
or ruse that misrepresents this purpose.
(8)
It is unlawful for any Peddler, Solicitor or Canvasser to conduct business in a way as would restrict or
interfere with the ingress or egress of the abutting property owner or tenant, increase traffic congestion or delay
or constitute a hazard to traffic, life, or property or an obstruction to adequate access to fire, police or sanitation
vehicles.
(9)
It is unlawful for any Peddler, Solicitor or Canvasser to peddle, solicit or canvass if that person has
been convicted of (i) a felony, misdemeanor, or ordinance violation involving force, violence, moral turpitude,
deceit, fraud in this state or any other state of the United States, or (ii) the violation of any law regulating the act
of soliciting within the past five (5) years in this state or any other state of the United States.
(10)
It is unlawful for any Peddler, Solicitor or Canvasser to peddle, solicit or canvass or attempt to peddle,
solicit or canvass at a place of residence at any entrance other than the front door of the residence.
(11)
It is unlawful to remove any yard sign, door or entrance sign that gives notice to such person that the
resident or occupant does not invite visitors.
(d)
“No Visit” List. The City Clerk may maintain a list of persons and their respective addresses within
the City who restrict visits to their residential property by Peddlers, Solicitors, and Canvassers. The City Clerk
may provide a form to assist residents, and this form may allow the resident to select certain types of visits that
the resident finds acceptable while refusing permission to others. If created, this “no visit” list shall be a public
document, reproduced on the City’s web site, and available for public inspection and copying. A copy of the “no
visit” list shall be provided upon request to each Peddler, Solicitor or Canvasser wishing to conduct business
within the City, and it is the responsibility of Peddlers, Solicitors and Canvassers to be aware of the contents of
the City’s current “no visit” list for purposes of compliance with this Ordinance.
(e)
Penalty for Offenses. Violation of any of the prohibited acts set forth in subsection (c) is a Class B
violation. Each day that violation continues shall constitute a separate violation.
Section 9.16. Disturbing the Peace.
(a)
Unnecessary Noises. Subject to the provisions of subsection (b), any sound at decibel levels that are
or may be potentially harmful or injurious to human health or welfare or that interferes with the enjoyment of life
or property, including the outdoor recreation of a reasonable person with normal sensibilities, is an unnecessary
noise and is prohibited.
(b)
Unnecessary Noises - Enumeration. The following acts, among others, are declared to be loud,
disturbing and unnecessary noises, in violation of subsection (a), but this enumeration shall not be deemed to be
exclusive, namely:
(1)
Horns or Signal Devices. The sounding of any horn or signal device of any automobile, taxicab,
motorcycle, bus, streetcar or other vehicle, whether or not in motion is an unnecessary noise, except when
necessary to give warning of threatened collision with another vehicle or with a pedestrian; provided, however,
that nothing herein contained shall be deemed to apply to emergency vehicles, including, but not limited to,
ambulances, police department motorcycles, automobiles and vehicles and fire department automobiles,
apparatus and vehicles.
(2)
Radios, Phonographs, Stereos, Etc. All playing of any radio, phonograph, stereo, musical
instrument or other electrical device, which creates musical sound on any property in the City, is an unnecessary
noise if:
(A)
at any time, any such device is played in a manner and at a volume as to annoy or disturb the quiet,
comfort or repose of persons inside any dwelling; or
(B)
any such device is audible to any person on any other property except:
1.
from 9:00 a.m. to 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday; or and
2.
from 9:00 a.m. on Friday, Saturday, and any legal holiday, to 12:30 a.m. on the following day.
(3)
Time Limitations on Construction Work Noise. All work on any property within the City that produces
any noise which is audible to any person on any other property and is associated in any manner with the construction,
erection, alteration or repair of any structure is an unnecessary noise on Sundays, the following legal holidays: New
Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas; and all other days except:
(A)
from 8:00 a.m. to 8:00 p.m. on Monday, Tuesday, Wednesday and Thursday;
(B)
from 8:00 a.m. to 6:00 p.m. on Fridays and Saturdays; or
(C)
in case of urgent necessity or in the interest of public safety, and then only with a permit from the City
Clerk.
(4)
Operation of Machinery, Equipment or Tools for any Purpose.
(A)
When General Operation of Machinery, Equipment or Tools for Any Purpose is an Unnecessary
Noise. Except as provided in subsection 9.16(b)(4)(B), the operation of heavy machinery or equipment, which includes,
but is not limited to, the running or operation of any tractor, bulldozer, grader, cement mixer, dump truck, pile driver,
fork lift, loader, crawler-tractor, pavement breaker, trencher, rotary drill or auger, crane or any other similar large piece
of construction machinery or equipment; or the operation of any emergency power generator, air conditioning units,
pool equipment or other machinery, motor, equipment or tool activity of any kind or nature that produces or causes
loud, annoying, disturbing or disagreeable noises is an unnecessary noise if:
1.
at any time, it is detrimental to the health, safety or general welfare of the public; or
2.
noise created by heavy equipment, as described in this Section, or any other noise described in
subsection 9.16(b)(4)(A) (except noise from emergency power generators, air conditioning units or pool equipment
or generators or air compressors equipped with a workable muffler) occurs at any time on Sundays; at any
time on the legal holidays of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas; or on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday except during the hours from
8:00 a.m. to 6:00 p.m.
(B)
Operation of Certain Lawn Maintenance Machinery.
1.
In Land Use District D-1 - Golf Club District - as established in the City Code, Chapter V, Article 1,
Section 5-103, machinery used to mow, fertilize or aerate golf course grass or rake sand traps may be operated
between sunrise and sunset on any day; and
2.
In all Land Use Districts established in the City Code, Chapter V, Article 1, Section 5-103, gasoline
powered lawn mowers, lawn edging equipment, leaf blowers, weed trimmers and rotary tillers may be operated
between 8:00 a.m. and 8:00 p.m. on any day of the week.
(5)
Noises to Attract Attention. The use of any drum, loudspeaker or other instrument or device for the
purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise
is an unnecessary noise.
(6)
Loudspeakers or Amplifiers. The use of mechanical loudspeakers or amplifiers on trucks or other
moving vehicles or stationary stands for advertising or any other purpose is an unnecessary noise.
(c)
Penalty for Unnecessary Noises.
(1)
Violation of any provision of Section 9.16 is a Class C violation.
(2)
As an alternative to prosecution as a criminal offense, any violation of subsections (b)(3) or (b)(4) of
this section by general contractors required to have an occupation license from the City shall be subject to a civil
penalty and the issuance of a stop work order., The penalty for the first violation during a calendar year shall
be $500. The penalty for the second violation during a calendar year shall be $1,000. The penalty for the third
violation during a calendar year shall be $2,000 and revocation of the occupation license for the remainder of the
calendar year. All such violations shall be the responsibility of the general contractor having overall charge of
the construction project, and the general contractor shall be liable for the civil penalties and occupation license
revocation even if the noise is made by a subcontractor. If a stop work order is issued for any violation, no further
work shall be done until the penalty has been paid. Continued work after a stop work order has been issued is
a Class C Violation.
Section 9.17. Unsolicited Publications.
(a)
Publication Deliveries. No publisher of a newspaper, shopper, news circular, magazine or similar
written or printed material shall directly or indirectly deliver or cause the delivery of that material to a dwelling in
any residential area of the City of Mission Hills, Kansas, if the occupant of the dwelling gives notice requesting
non-delivery of any such matter to the publisher.
(b)
Required Information. Every publisher of a newspaper, shopper, news circular, magazine or similar
written or printed material shall plainly set forth thereon the identity and address of the publisher, so that any
occupant of a dwelling can give notice requesting non-delivery, as permitted by subsection (a).
(c)
Notice by Occupant. An occupant of a dwelling may give notice requesting non-delivery of any
written or printed material, including but not limited to any newspaper, shopper, news circular, magazine or
similar written or printed matter, by:
(1)
so stating in writing to any publisher thereof; or
(2)
so stating orally or in writing to any person directly or indirectly delivering or causing the delivery of
this matter in the event the publisher is not identified as required by subsection (b).
(d)
Exceptions. The provisions of this Section 9.17 shall not apply to:
(1)
distributions made through the United States Postal Service; or
(2)
solicitations made on behalf of persons not organized for profit.
(e)
Definitions. As used in this Section 9.17, the following definitions shall apply:
(1)
Residential Area. A residential area is any area zoned for residential use.
(2)
Dwelling. A dwelling is any building or structure used for human abode and the lot on which it is
located.
(3)
Person Not Organized for Profit. A person not organized for profit is any individual, partnership,
corporation, trust, estate, cooperative, association or other entity that does not have as its purpose the private
gain, direct or indirect, of its members, partners, shareholders, beneficiaries or other constituent elements.
(4)
Publisher. A publisher as used herein shall include any person who holds himself out to be a publisher
of any newspaper, shopper, news circular, magazine or similar written or printed material or who is responsible
for or causes the preparation and printing of any newspaper, shopper, news circular, magazine or similar written
or printed matter. The term publisher, as used herein, shall not include any person who does no more than print
or distribute this material.
(f)
Construction. This section shall not be construed to permit the distribution of any material otherwise
prohibited by the ordinances of the City.
(g)
Penalty for Unsolicited Publications. Violation of any provision of Section 9.17 is a Class C
violation. Each day a violation or failure to comply is permitted to exist, after notification thereof, shall constitute
a separate offense.
Section 9.18. Residential Picketing.
(a)
Purpose. It is hereby declared that the protection and preservation of the home is the keystone of
democratic government; that the public health and welfare and the good order of the community require that
members of the community enjoy in their homes a feeling of well being, tranquility and privacy, and when absent
from their homes carry with them the sense of security inherent in the assurance that they may return to the
enjoyment of their homes; that the practice of picketing before or about residences and dwelling places causes
emotional distress to the occupants; that such practice has as its object the harassing of occupants; that this
practice obstructs and interferes with the free use of public sidewalks and public ways of travel; and that without
resort to residential picketing there exists and continues to exist full opportunity in the community for the exercise
of freedom of speech and other constitutional rights; and that the provisions hereinafter enacted are necessary
in the public interest to avoid the detrimental results set forth above.
(b)
Residential Picketing. It is unlawful for any person to engage in picketing before or about the
residence or dwelling of any individual in the City of Mission Hills, Kansas.
(c)
Penalty for Residential Picketing. Violation of subsection (b) is a Class B violation.
Section 9.19. Distribution of Handbills in Parked Vehicles or upon Pavement or Sidewalks.
(a)
It is unlawful for any person, firm or corporation to place or distribute, or cause to be placed or
distributed within the City, any hand bills, circulars or signs for the advertisement of any business or merchandise
in any vehicle whatsoever parked or left standing upon the public streets or public places within the City.
(b)
No handbill or flyer shall be left at, or attached to any sign, utility pole, transit shelter or other structure
within the public right-of-way of the City. The police are authorized to remove any handbill or flyer found within
the right-of-way.
(c)
Violation of this section is a Class C violation.
Section 9.20. Hanging of Advertising Banners Across Street.
(a)
It shall be unlawful for any person, firm or corporation to suspend or hang any advertising banner,
advertising any business or merchandise, across any street, boulevard or alley within the City.
(b)
Violation of this section is a Class C violation.
Section 9.21. Circulation of Unsigned Political Circulars.
(a)
Hereafter, whoever intentionally writes, prints, posts or distributes, or causes to be written, printed,
posted or distributed, a circular or poster that is designed or tends to injure or defeat any candidate for nomination
or election to any public office, by criticizing his personal character or political action, unless there appears upon
that circular or poster in a conspicuous place either the names of the chairman and secretary or of two officers
of the political or other organization issuing the same, or some voter who is responsible therefor, with his name
and residence, and the street and number thereof, if any, shall be punished by a fine of not less than ten dollars
($10.00) nor more than one hundred dollars ($100.00) and/or by imprisonment for not more than six (6) months.
(b)
Violation of this section is a Class C violation.
Section 9.22. Unauthorized Removal of Recyclable Items Prohibited.
(a)
It shall be unlawful for persons, firms or corporations not licensed by and under contract with the City
of Mission Hills, Kansas, to remove any recyclable items, including but not limited to newspapers, aluminum cans
and glass, from private property on those days the City makes curbside collections of those items pursuant to its
recycling project.
(b)
Violation of this section is a Class C violation.
SECTION 6.
That existing Section 4-106 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby amended to read as follows:
4-106.
Article 10 Amendments. Article 10 of the Uniform Public Offense Code is hereby amended
by deleting existing Section 10.5 and inserting in place thereof the following:
Section 10.5 Unlawful Discharge of Firearms
(a)
Unlawful discharge of firearms is the discharging or firing of any gun, rifle, pistol. Revolver or
other firearm within the City.
(b)
This section shall not be construed to apply:
(1)
If the firearm is discharged in the lawful defense of one’s person, another person
or one’s property;
(2)
If the firearm is discharged at a private or public shooting range;
(3)
To the discharge of firearms by any duly authorized law enforcement officer when
necessary in carrying out his or her official duties;
(4)
To the discharge of firearms in any licensed shooting gallery; or
(5)
To firing squads for ceremonials.
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a minimum of one year for a first offense and three years for a second or sub-sequent
offense.
(h) Violation of this section is a Class B violation.
SECTION 7. That existing Section 4-107 of the Code of Ordinances of the City of Mission Hills, Kansas,
is hereby amended as an addition to the Uniform Public Offense Code to read as follows:
PAGE In any criminal prosecution for possession of a firearm under the influence of alcohol or
drugs, or both, evidence of the concentration of alcohol or drugs in the defendant’s blood,
urine, breath or other bodily substance may be admitted and shall give rise to the following:
4-107.
Article 10 Additions. The following provisions are hereby adopted and added to Article 10
of the Uniform Public Offense Code as Sections 10.3.1, 10.27, 10.28, 10.29, 10.30, 10.31, 10.32, 10.33,
10.34, 10.35, 10.36 and 10.37.
(1) If the alcohol concentration is less than .08, that fact may be considered with other
competent evidence to determine if the defendant was under the influence of alcohol or
drugs, or both.
Section 10.3.1 Possession of a Firearm While Under the Influence.
(2) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the
defendant was under the influence of alcohol.
(a) Possession of a firearm under the influence is knowingly possessing or carrying a loaded
firearm on or about such person, or within such person’s immediate access and control
while in a vehicle, while under the influence of alcohol or drugs, or both, to such a degree
as to render such person incapable of safely operating a firearm.
(b) Violation of this section is a Class A violation.
(c) This section shall not apply to:
(1) A person who possesses or carries a firearm while in such person’s own dwelling or
place of business or on land owned or possessed by such person; or
(3) If there was present in the defendant’s bodily substance any narcotic, hypnotic,
somnifacient, stimulating or other drug which has the capacity to render the defendant
incapacitated, that fact may be considered to determine if the defendant was under the
influence of alcohol or drugs, or both.
(2) the transitory possession or use of a firearm during an act committed in self-defense
or in defense of another person or any other act committed if legally justified or excused,
provided such possession or use lasts no longer than is immediately necessary.
(d) If probable cause exists for a law enforcement officer to believe a person is in possession
of a firearm under the influence of alcohol or drugs, or both, such law enforcement officer
shall request such person submit to one or more tests of the person’s blood, breath, urine
or other bodily substance to determine the presence of alcohol or drugs. The selection of
the test or tests shall be made by the officer.
(e) (1) If a law enforcement officer requests a person to submit to a test of blood under this
section, the withdrawal of blood at the direction of the officer may be performed only
by:
(A) A person licensed to practice medicine and surgery, licensed as a physician’s assistant, or a person acting under the direction of any such licensed
person;
(B) a registered nurse or a licensed practical nurse;
(C) any qualified medical technician, including, but not limited to, an emergency
medical technician-intermediate, mobile intensive care technician, an emergency
medical technician-intermediate/defibrillator, an advanced emergency medical
technician or a paramedic, as those terms are defined in K.S.A. 65-6112, and
amendments thereto, authorized by medical protocol; or
The provisions of subsection (h) shall not be construed as limiting the introduction of any
other competent evidence bearing upon the question of whether or not the defendant was
under the influence of alcohol or drugs, or both.
(j) Upon the request of any person submitting to testing under this section, a report of the
results of the testing shall be made available to such person.
Section 10.27.
Intoxicating Liquor and Cereal Malt Beverage - Consumption and Possession
of Open Containers Prohibited at Certain Places.
(a)
It is unlawful for any person to drink, consume or possess an open container of alcoholic liquor
or cereal malt beverage upon the public streets, alleys, roads or highways, or upon property
owned by the City.
(b)
Violation of this section is a Class C violation.
Section 10.28.В В Drunkenness.
(a)
It is unlawful for any person to be drunk on any highway, street or in any public place or building
in the City.
(b)
Violation of this section is a Class B violation.
Section 10.29.В В Impersonating an Officer.
(D) a phlebotomist.
(a)
It is unlawful for any person to exercise or to assume to exercise any of the powers conferred
upon any police officer or to represent himself to be any such officer or to possess the power
and authority thereof, unless that person is a duly authorized officer of the law.
(b)
Violation of this section is a Class B violation.
Section 10.30.В В Vehicles in City Parks.
(2) A law enforcement officer may direct a medical professional described in this subsection
to draw a sample of blood from a person if the person has given consent or upon meeting
the requirements of subsection (d).
(3) When so directed by a law enforcement officer through a written statement, the medical
professional shall withdraw the sample as soon as practical and shall deliver the sample to
the law enforcement officer or another law enforcement officer as directed by the requesting
law enforcement officer as soon as practical, provided the collection of the sample does
not jeopardize the person’s life, cause serious injury to the person or seriously impede
the person’s medical assessment, care or treatment. The medical professional authorized
herein to withdraw the blood and the medical care facility where the blood is drawn may act
on good faith that the requirements have been met for directing the withdrawing of blood
once presented with the written statement provided for under this subsection. The medical
professional shall not require the person to sign any additional consent or waiver form. In
such a case, the person authorized to withdraw blood and the medical care facility shall
not be liable in any action alleging lack of consent or lack of informed consent.
(i) (a)
It is unlawful to run, stand or park any motor vehicle or motorized bicycle on or through or
across or over any City park, other than roadways or parking areas so designated.
(b)
Violation of this section is a Class C violation.
Section 10.31.В В Fires or Oil on Paved Streets.
(a)
No person shall burn any combustible matter of any kind on any paved street within the City.
No person shall throw or place any coal oil or any substance likely to injure any paved street
upon any street within the City.
(b)
Violation of this section is a Class C violation.
Section 10.32.В В Obstructing Watercourse.
(a)
If any person has placed or ordered to be placed or shall hereafter place or order to be placed,
any obstruction of any kind in the channel of any natural watercourse or living stream, so as
to in any way interfere with or impede the flowing of the water therein, that person shall be
deemed guilty of a misdemeanor. Each and every day that obstruction shall be permitted to
be and remain in the watercourse or natural stream shall constitute a separate and distinct
offense.
(b)
Violation of this section is a Class C violation.
(4) Such sample or samples shall be an independent sample and not be a portion of a
sample collected for medical purposes. The person collecting the blood sample shall
complete the collection portion of a document provided by law enforcement.
(5) If a sample is to be taken under authority of a search warrant, and the person must be
restrained to collect the sample pursuant to this section, law enforcement shall be responsible for applying any such restraint utilizing acceptable law enforcement restraint practices.
The restraint shall be effective in controlling the person in a manner not to jeopardize the
person’s safety or that of the medical professional or attending medical or health care staff
during the drawing of the sample and without interfering with medical treatment.
Section 10.33.
No person shall play at or participate in any game of ball in or upon any street, sidewalk, public
square or public park, except in such part of any park as may be designated for that purpose
by the City Administrator.
(b)
Violation of this section is a Class C violation.
(6) A law enforcement officer may request a urine sample upon meeting the requirements
of subsection (d).
(7) If a law enforcement officer requests a person to submit to a test of urine under this
section, the collection of the urine sample shall be supervised by:
Section 10.34.  Sports: Sports Likely to Injure Passersby or Obstruct Travel ‑ Coasting and Skating
in Streets.
(A) A person licensed to practice medicine and surgery, licensed as a physician’s assistant, or a person acting under the direction of any such licensed
person;
(a)
(B) a registered nurse or a licensed practical nurse; or
(C) a law enforcement officer of the same sex as the person being tested.
The collection of the urine sample shall be conducted out of the view of any person other
than the persons super-vising the collection of the sample and the person being tested,
unless the right to privacy is waived by the person being tested. When possible, the supervising person shall be a law enforcement officer. The results of qualitative testing for drug
presence shall be admissible in evidence and questions of accuracy or reliability shall go
to the weight rather than the admissibility of the evidence. If the person is medically unable
to provide a urine sample in such manner due to the injuries or treatment of the injuries,
the same authorization and procedure as used for the collection of blood in para-graphs
(2) and (3) shall apply to the collection of a urine sample.
(1) The person’s refusal shall be admissible in evidence against the person at any trial on
a charge arising out of possession of a firearm under the influence of alcohol or drugs, or
both.
(b)
(g) If a person who holds a valid license to carry a concealed handgun issued pursuant to
K.S.A. 2013 Supp. 75-7c01 et seq., and amendments thereto, is convicted of a violation
of this section, such person’s license to carry a concealed handgun shall be revoked for
Violation of this section is a Class C violation.
Section 10.35.В В Burning of Leaves, Trash, Refuse and Other Materials.
(a)
No person shall burn or cause to be burned in any street or on any public or private property
within the limits of the City, with the exception of burning receptacles located within a residence,
any leaves, brush, trash, rubbish, refuse, trimmings from trees or shrubs, grass clippings or
other combustible or semi‑combustible material.
(b)
Violation of this section is a Class C violation.
Section 10.36.В В Burning of Materials Which Emit Odors.
(2) Failure of a person to provide an adequate breath sample or samples as directed shall
constitute a refusal unless the person shows that the failure was due to physical inability
caused by a medical condition unrelated to any ingested alcohol or drugs.
(3) In any criminal prosecution for a violation of this section, if the court finds that a person refused to submit to testing when requested pursuant to this section, the county or
district attorney, upon petition to the court, may recover on behalf of the state, in addition
to the criminal penalties provided in this section, a civil penalty not exceeding $ 1,000 for
each violation.
Coasting upon sled, wagon or cart, or in any other manner, and skating in or upon the
public streets is prohibited, except upon those streets which are barricaded and used as
supervised coasting or skating areas as part of the program of the City. When streets
and areas are so designated, approval for the placing of barricades, lanterns and other
warning devices must be obtained from the City Administrator and notices sent to the
Police Department and Fire Department in order that those departments may redirect their
vehicles around those streets and areas.
If coasting and skating areas are provided in public parks, those areas shall be operated
under the rules and regulations of the City.
(8) The person performing or assisting in the performance of any such test and the law
enforcement officer requesting any such test who is acting in accordance with this section
shall not be liable in any civil and criminal proceeding involving the action.
(f) Sports: Sports Likely to Injure Passersby or Obstruct Travel - Ball Games.
(a)
(a)
No person shall burn or cause to be burned in any furnace, fireplace, incinerator or other
receptacle, within any residence building within the limits of the City, any of the materials set
forth that emits an offensive or noxious odor.
(b)
Violation of this section is a Class C violation.
Section 10.37 Smoking on Common Carrier Buses -- Penalty.
(a)
(b)
No person shall smoke or carry in his or her hand a lighted cigar, cigarette or pipe, while
in or upon any motorbus operated in common carrier passenger service upon the streets
or public ways of the city.
Any person who shall violate any of the provisions of this section shall be deemed guilty
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JOHNSON COUNTY PUBLIC NOTICES
oil, or cake or the sterilized seed of the plant that is incapable of
germination.
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of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less
than $5 nor more than $100.
SECTION 8.
That existing Section 4-108 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby amended as an addition to the Uniform Public Offense Code to read as follows:
(I)
“Minor” means any person who has not attained eighteen years of
age.
(J)
“Patient” means, as the case may be:
4-108.
Article 11 Additions. The following provisions are hereby adopted and added to Article 11 of
the Uniform Public Offense Code as Sections 11.13, 11.14, 11.15, 11.16 and 11.17.
Section 11.13.В В Window Peeping. Window peeping is the going upon property owned or occupied by
another, without such person’s consent, for the purpose of looking into any window, door, skylight or other
opening into a house, room or building.
1.
the individual for whom a drug is prescribed or to whom
a drug is administered; or
2.
the owner or the agent of the owner of the animal for which
a drug is prescribed or to which a drug is administered;
provided, that the prescribing or administering referred
to in subdivisions (b)(1) (A) and (B) of this section is in
good faith and in the course of professional practice
only.
Violation of this section is a Class A violation.
Section 11.14.В В Regulating the Use of Drugs.
(a)
(K)
“Person” means individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or
association or any other legal entity.
For the purposes of this Section 11.14, certain terms and words used herein
shall be defined as follows:
(L)
“Pharmacist” means an individual currently licensed by the board
to practice the profession of pharmacy in this state.
(A)
“Close proximity” means within five hundred (500) feet on a straight
line commencing at the property lines nearest to each other.
(M)
“Place of display” means any museum, library, school or other similar
public place upon which business is not transacted for a profit.
(B)
“Controlled substances” means any drug or substance included in
Schedules I through V of the Uniform Controlled Substance Act found
in Chapter 65, Article 41 of the Kansas Statutes Annotated.
(N)
(C)
“Dangerous drug” means one that is unsafe for use except under the
supervision of a practitioner because of its toxicity or other potentiality
for human effect, method of use, or collateral measures necessary
to use; “dangerous drugs” include all other drugs or compounds,
preparations, or mixtures thereof, that the State Board of Health
shall find and declare by rule or regulation, duly promulgated after
reasonable public notice and opportunity for hearing, to have a
dangerous, hallucinogenic, hypnotic, somnafacient or stimulating
effect on the body of a human or animal.
“Practitioner” means a physician (M.D. or D.O.), dentist, podiatrist,
veterinarian, scientific investigator or other person licensed, registered or otherwise authorized by law to administer and prescribe,
use in teaching or chemical analysis, or conduct research, with
respect to a controlled substance, in the course of professional
practice and research.
(O)
“Premises” means a business establishment and the structure of
which it is a part and the facilities and appurtenances therein and
grounds, areas and facilities held out for the use of patrons.
(P)
“Premises open to minors” means any business establishment that
sells its wares or merchandise to minors or that permits minors to
enter into its place of business.
(Q)
“Prescription” means a written order, and in cases of emergency,
a telephone order, issued by a practitioner in good faith in the
course of his or her professional practice to a pharmacist for a
drug for a particular patient, which specifies the date of its issue,
the name and address of the patient (and, if the drug is prescribed
for an animal, the species of such animal), the name and quantity
of the drug prescribed, the directions for use of such drug and the
signature of such practitioner.
(R)
“Production” includes the manufacture, planting, cultivation, growing
or harvesting of a controlled substance.
(S)
“School” means any public or private elementary, junior high or
high school.
(T)
“Simulated drugs” and “simulated controlled substances” are any
products that identify themselves by using a common name or slang
term associated with a controlled substance or indicate by label or
accompanying promotional material that the product simulates the
effect of a controlled substance or drug.
Definitions.
(1)
(D)
(E)
“Deliver” or “delivery” means the actual, constructive or attempted
transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.
“Drug” means:
1.
substances recognized as drugs in the official United
States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary
or any supplement to any of them;
2.
substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man
or animals;
3.
substances (other than food) intended to affect the
structure or any function of the body of any human
being or animals; and
4.
(F)
substances intended for use as a component of any
article specified in subdivisions 1, 2. or 3. of this subsection (E). It does not include devices or their components,
parts or accessories.
(U)
“Instrument” means a device designed for use, or intended for
use in ingesting, smoking, administering or preparing marijuana,
cocaine, phencycledine, opium or any derivative thereof, or any
other controlled substance.
“Sonmifacient” and “stimulating” have the meaning attributable in
standard medical lexicons.
(V)
For purposes of this subsection (F), the phrase “intended for use”
refers to the intent of the person selling, offering to sell, dispensing,
giving away or displaying the instrument herein defined.
“Warehouseman” means a person whom, in the usual course of
business, stores drugs for others lawfully entitled to possess them
and who has no control over the disposition of those drugs, except
for the purpose of the storage.
(W)
“Wholesaler” means a person engaged in the business of distributing drugs to persons included in any of the classes named in this
Section 11.14.
In determining whether an item constitutes an instrument, a court
may consider the following:
(G)
(H)
1.
whether a person or business establishment charged
with violating this Article is a licensed distributor or
dealer of tobacco products under Chapter 79, Article
33 of the Kansas Statutes Annotated;
2.
expert testimony as to the principal use of the devices,
articles, or contrivances claimed to be instruments;
3.
evidence concerning the total business of a person or
business establishment and the type of devices, articles,
contrivances or items involved in the business;
4.
national and local advertising concerning the use of the
devices, articles or contrivances claimed to be instruments; or
5.
evidence of advertising concerning the nature of the
business establishment.
“Manufacture” means the production, preparation, propagation,
compounding conversion or processing of a controlled substance
either directly or indirectly by extraction from substances of natural
origin or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis and includes
any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include
the preparation or compounding of a controlled substance by an
individual for his or her own use or the preparation, compounding,
packaging or labeling of a controlled substance:
1.
by a practitioner or his or her agent pursuant to a lawful order of a practitioner as an incident to his or her
administering or dispensing of a controlled substance
in the course of his or her professional practice; or
2.
by a practitioner or by his or her authorized agent under his or her supervision for the purpose of or as an
incident to research, teaching or chemical analysis or
by a pharmacist or hospital as an incident to his or her
or its dispensing of a controlled substance.
“Marijuana” means all parts of all varieties of the plant Cannabis,
whether growing or not, the seeds thereof, the resin extracted
from any part of the plant and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin. It
does not include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, sale, derivative, mixture or preparation
of the mature stalks, except the resin extracted therefrom, fiber,
(b)
Prohibited Acts.
(1)
It is unlawful for any person to deliver, possess, manufacture, have under his or
her control, sell or offer for sale any drugs or controlled substances unless:
(A)
If a drug, that drug is delivered by a pharmacist, or his or her authorized agent, in good faith upon prescription, and there is affixed
to the immediate container in which that drug is delivered a label
bearing:
1.
the name and address of the owner of the establishment
from which the drug was delivered;
2.
the date on which the prescription for the drug was
filled;
3.
the number of the prescription, as filed in the prescription files of the pharmacist who filled the prescription;
4.
the name of the practitioner who prescribed the drug;
5.
the name and address of the patient, and if the drug
was prescribed for an animal, a statement showing the
species of the animal; and
6.
the direction for use of the drug and cautionary statements, if any, as contained in the prescription : and
(B)
In the event that a delivery made in accordance with this Subsection
is pursuant to telephonic order, the prescription shall be promptly
reduced to writing and filed by the pharmacist; and
(C)
a drug delivered in accordance with this Subsection must be
delivered by a practitioner in good faith and in the course of his or
her professional practice only.
(2)
It is unlawful for any person to refill any prescription for a drug
unless the refilling is specifically authorized by the prescriber.
(3)
It is unlawful for any person to possess a drug unless that person
obtained the drug on the prescription of a practitioner or in accordance with
this subsection (b)(1)(C) or from a person licensed by the laws of any other
state or the District of Columbia to prescribe or dispense drugs.
(4)
It is unlawful for any person to obtain or attempt to obtain a
drug by fraud, deceit, misrepresentation or subterfuge or by the forgery or
alteration of a prescription or by the use of a false name or the giving of a
false address.
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(5)
It is unlawful for any person to sell, offer for sale or have in his or her possession,
with the intent to sell, any controlled substance as described in subsection
(a).
ORDINANCE NO. 1404
First published in The Legal Record, Tuesday, November 18, 2014.
ORDINANCE NO. 1404
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF MISSION HILLS, KANSAS;
ADDING SECTION 5-167 TO THE CODE OF ORDINANCES OF THE CITY OF MISSION HILLS, KANSAS
(6)
It shall be unlawful for any person to use or possess with the intent to use:
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION HILLS, KANSAS:
(A)
Any simulated controlled substance;
(B)
Any drug paraphernalia to use, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled
substance;
(C)
Any drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, sell or distribute a controlled substance.
In determining whether an object is drug paraphernalia, a court or other authority
shall consider the factors listed in K.S.A. 21-36a11, and amendments thereto,
in addition to all other logically relevant factors.
(7)
(c)
PAGE It shall be unlawful for any person, firm or corporation to sell, offer to sell, dispense, give away or display any instrument or simulated controlled substance
or simulated drug in or upon any premises which: (a) are premises open to
minors, unless the instruments, simulated controlled substances or simulated
drugs are kept in such part of the premises that is not open to view by minors
or to which minors do not have access; or (b) are in close proximity to a school;
provided, however, that display of any such items at a place of display for
education or scientific purposes shall not be unlawful.
Exemptions.
(1)
The provisions of subsection (b)(1) A. shall not be applicable:
(A)
(B)
to the delivery of drugs for medical or scientific purposes only to
persons included in any of the classes hereinafter named or to the
agents or employees of such persons for use in the usual course
of their business or practice or in the performance of their official
duties, as the case may be; or
to the possession of drugs by those persons or their agents or
employees for that use:
1.
pharmacists;
2.
practitioners;
3.
persons who procure drugs:
a.
for disposition by or under the supervision
of pharmacists or practitioners employed
by them; or
b.
for the purpose of lawful research, teaching,
or testing and not for resale;
5-167.
Penalty for Violations and Civil Remedies.
A.
The violation of any provision of these Zoning Regulations or of the Subdivision Regulations (Article 8 of this Chapter) is hereby declared to be a public offense and, pursuant
to the authority of K.S.A. 12-761, and amendments thereto, a misdemeanor, and any person, firm,
association, partnership, or corporation convicted thereof shall be punished by a fine not to exceed
five hundred dollars ($500) or by imprisonment for not more than six months for each offense or by
both such fine and imprisonment. Each day’s violation shall constitute a separate offense.
B.
The City shall have the authority to maintain civil suits or actions in any court of
competent jurisdiction for purposes of enforcing the Zoning Regulations or the Subdivision Regulations
and to abate nuisances maintained in violation thereof. In the event that any building or structure is or
is proposed to be erected, constructed, altered, converted or maintained or any building, structure or
land is or is proposed to be used in violation of the Zoning Regulations, the City, in addition to other
remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent
such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to
correct or abate such violation or to prevent the occupancy of such building, structure or land.
SECTION 2. This ordinance shall take effect upon its publication if the official City newspaper.
PASSED by the City Council this 10th day of November, 2014. APPROVED by the Mayor.
/s/ Richard T. Boeshaar
Richard T. Boeshaar, Mayor
ATTEST:
/s/ Megan Nelson
Megan Nelson, City Clerk
APPROVED AS TO FORM:
/s/ Neil R. Shortlidge
Neil R. Shortlidge, City Attorney
11/18
ORDINANCE NO. 1405
First published in The Legal Record, Tuesday, November 18, 2014.
ORDINANCE NO. 1405
4.
hospitals and other institutions which procure drugs
for lawful administration by or under the supervision of
practitioners;
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF MISSION HILLS, KANSAS;
AMENDING AND REPEALING EXISTING SECTION 5-155 OF THE CODE OF ORDINANCES OF THE CITY
OF MISSION HILLS, KANSAS RELATING TO BZA MEETINGS AND QUORUM
5.
manufacturers and wholesalers; or
6.
carriers and warehousemen.
SECTION 1. Existing Section 5-155 of the Code of Ordinances of the City of Mission Hills, Kansas,
is hereby amended to read as follows:
5-155.
BZA Meetings and Quorum.
Meetings of the Board shall be at the call of the Chair and at such other times as the Board may determine.
A quorum of the Board shall be three (3) members. A vote shall be taken on all motions that are made
by a member of the Board and seconded by another member of the Board. The Chair shall specify
the manner in which a vote shall be taken, provided that any member may request and by doing so,
require a roll call vote. A motion shall fail unless at least a majority of a quorum of the Board votes in
favor of it. No binding action shall be taken by the Board during any closed deliberative session.
(2)
Nothing contained in subsection (b) shall make it unlawful for a public officer,
agent or employee, or person aiding a public officer in performing his or her
official duties to possess, obtain or attempt to obtain a drug for the purpose of
enforcing the provisions of any law of this state or of the United States relating
to the regulation of the handling, sale or distribution of drugs.
(3)
Nothing in this Section 11.14 shall apply to a compound, mixture, or preparation containing a drug that is sold in good faith for the purpose for which it is
intended and not for the purpose of evading the provisions of this chapter if
that compound, mixture or preparation contains a sufficient quantity of another
therapeutic agent or agents, in addition to such a drug, to cause it to prevent
the ingestion of a sufficient amount of drug to cause a dangerous hypnotic
sonmifacient or stimulating action.
(d)
Penalty for Drug Offenses. Violation of any of the prohibited acts set forth in subsection
(b) is a Class A violation.
Section 11.15. Public Urination or Defecation. No person shall urinate or defecate while exposed
to public view or in any place open to the public, except while using appropriate fixtures in a restroom
or other facility designed for the sanitary disposal of human waste.
Violation of this section is a Class C violation.
Section 11.16. Public Nudity. No person shall knowingly or intentionally appear in a state of nudity
in a public place. Nudity is defined as the showing of the human male or female genitals, pubic area
or buttocks with less than a full opaque covering; the showing of the female breast with less than a
full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered
male genitals in a discernible state of sexual excitement.
Violation of this section is a Class A violation.
Section 11.17 Severability.
If any provision of this Article 11 is declared unconstitutional, or the application thereof to any
person or circumstance is held invalid, the constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be affected thereby.
SECTION 9.
Repeal. Existing Sections 4-101, 4-102, 4-103, 4-104, 4-105, 4-106, 4-107
and 4-108 of the Code of Ordinances of the City of Mission Hills, Kansas, and Ordinance No. 1353 are hereby
repealed. That the repeal of any ordinance or parts of an ordinance by this Ordinance shall not have any effect
on existing litigation and shall not operate as an abatement of any action or proceeding under or by virtue of the
repealed ordinance.
SECTION 10.
Codification.В В Sections 1 through 8, inclusive, of this Ordinance shall be codified in the Code of Ordinances of the City of Mission Hills, Kansas.
SECTION 11. Effective Date.В В This Ordinance shall take effect and be in force from and after its
publication, or the publication of a summary thereof, in the official city newspaper.
PASSED by the City Council this 10th day of November, 2014. APPROVED by the Mayor.
/s/ Richard T. Boeshaar
Richard T. Boeshaar, Mayor
ATTEST:
/s/ Megan Nelson
Megan Nelson, City Clerk
APPROVED AS TO FORM:
/s/ Neil R. Shortlidge
Neil R. Shortlidge, City Attorney
11/18
SECTION 1.
Section 5-167 is hereby added to the Code of Ordinances of the City of Mission
Hills, Kansas, and shall read as follows:
SECTION 2. Existing Section 5-155 of the Code of Ordinances of the City of Mission Hills, Kansas,
is hereby repealed.
SECTION 3. This ordinance shall take effect upon its publication, or the publication of a certified
summary thereof, in the official City newspaper.
PASSED by the City Council this 10th day of November, 2014. APPROVED by the Mayor.
/s/ Richard T. Boeshaar
Richard T. Boeshaar, Mayor
ATTEST:
/s/ Megan Nelson
Megan Nelson, City Clerk
APPROVED AS TO FORM:
/s/ Neil R. Shortlidge
Neil R. Shortlidge, City Attorney
11/18
ORDINANCE NO. 1406
First published in The Legal Record, Tuesday, November 18, 2014.
ORDINANCE NO. 1406
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF MISSION HILLS, KANSAS;
AMENDING THE DEFINITION OF RETAINING WALL; AMENDING AND REPEALING EXISTING SECTION
5-103.84 OF THE CODE OF ORDINANCES OF THE CITY OF MISSION HILLS, KANSAS
SECTION 1. Existing Section 5-103.84 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby amended to read as follows:
5-103.84. Retaining Wall.
A structure typically constructed of stone, brick, concrete, railroad ties, or similar landscaping timbers, built
to contain a bank of earth for the primary purpose of providing improved structural stability of the higher
side, preventing subsidence, or preventing water from flooding and causing erosion, and which results in a
difference of at least twelve (12) inches between the finished grade on one side of the wall and the finished
grade on the other side of the wall, and which is not higher than six inches, including coping, above the
highest graded side.
SECTION 2. Existing Section 5-103.84 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby repealed.
SECTION 3. This ordinance shall take effect upon its publication, or the publication of a certified
summary thereof, in the official City newspaper.
PASSED by the City Council this 10th day of November, 2014. APPROVED by the Mayor.
/s/ Richard T. Boeshaar
Richard T. Boeshaar, Mayor
ATTEST:
/s/ Megan Nelson
Megan Nelson, City Clerk
APPROVED AS TO FORM:
/s/ Neil R. Shortlidge
Neil R. Shortlidge, City Attorney
11/18
PAGE 10
THE LEGAL RECORD • NOVEMBER 18, 2014
JOHNSON COUNTY PUBLIC NOTICES
ORDINANCE NO. 1408
First published in The Legal Record, Tuesday, November 18, 2014.
ORDINANCE NO. 1408
AN ORDINANCE AMENDING THE BUILDING CODES OF THE CITY OF MISSION HILLS, KANSAS; AMENDING
AND REPEALING EXISTING SECTIONS 5-1019, 5-1020, 5-1021, 5-1022, 5-1023, 5-1024, 5-1024.5 OF THE
CODE OF ORDINANCES OF THE CITY OF MISSION HILLS, KANSAS; ADDING NEW SECTION 5-1024.6 TO
THE CODE OF ORDINANCES OF THE CITY OF MISSION HILLS, KANSAS
8.
Section R315.3 of the International Residential Code, 2012 Edition, Carbon
Monoxide Alarms, where required in existing dwellings ,is hereby amended to
read as follows:
Where work requiring a permit occurs in existing dwellings that have attached
garages or in existing dwellings within which fuel-fired appliances exist, carbon
monoxide alarms shall be provided in accordance with Section R315.1.
Exception: Work involving only exterior items such as roofs, siding, decks and
such are exempt from the requirements of this section.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION HILLS, KANSAS:
SECTION 1.
Existing Section 5-1019 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby amended to read as follows:
5-1019. Adoption of the Building Code
A.
B.
Incorporation of the Building Code. The International Building Code (IBC), 2012 Edition,
published by the International Code Council, excluding its Appendices, is hereby incorporated by reference as the Building Code of the City of Mission Hills, Kansas, save and
except such articles, sections, parts or portions as are hereafter omitted, deleted, modified
or changed. One official copy of said Building Code, shall be marked or stamped “Official
Copy as Adopted by Ordinance No. 1408,” with all sections or portions thereof intended
to be omitted or changed clearly marked to show any such omission or change and to
which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to
inspection and available to the public at reasonable business hours. Official copies of such
code shall be supplied at the cost of the City to the officials and agencies in the manner
listed and set forth in K.S.A. 12-3010. Subsequent references to the Building Code shall
mean the International Building Code, 2012 Edition, published by the International Code
Council. Should any provision of this Building Code conflict with any other provision of
the Code of Ordinances of the City of Mission Hills, Kansas, then the more restrictive of
the two provisions shall take precedence.
9.
Section R501.3 of the International Residential Code, 2012 Edition, Fire protection of floors, is hereby amended to read as follows:
Floor assemblies not required elsewhere in this code to be fire resistance rated
shall be provided with a ВЅ inch gypsum wallboard membrane, 5/8 inch wood
structural membrane or equivalent on the underside of the floor framing member
for open web-type floor truss systems and I joist systems.
Exceptions:
a. Floor systems located directly over a space protected by an automatic
sprinkler system in accordance with Section P2904, NFPA 13D, or other
approved systems.
b. Floor systems located directly over a crawl space not intended for storage
or fuel fired appliances.
c. The aggregate area of the unprotected portions shall not exceed 80
square feet.
10.
Section R401.1 of the International Residential Code, 2012 Edition, is hereby
amended to add the following paragraph:
Exceptions:
1.
Amendments to the Building Code as Published. The following provisions of the
International Building Code (IBC), edition 2012, shall be omitted, amended, replaced or
supplemented as follows:
1.
Section 101.1 of the International Building Code, 2012 Edition, is hereby
amended by replacing the words “Name of Jurisdiction” with the words “the
City of Mission Hills, Kansas.”
2.
Section 105.2 of the International Building Code, 2012 Edition, Work Exempt
from Permit, is hereby amended to read as follows:
Building: amend so items 1, 2, 3, 4, 5, 6, 8, 9, 10, 12,and 13, shall be omitted
in full.
3.
Section 105.2.3 Public service agencies, shall be omitted in full.
4.
Section 105.5 Expiration, shall be omitted in full.
11.
Section R403.1.1 of the International Residential Code, 2012 Edition, Minimum
size, is hereby added to read as follows:
The minimum size for all residential concrete footings shall be 8 inches in
depth and 16 inches in width. Steel shall be minimum ½” in size with two (2)
bars running parallel in the footing. Single story trench footings are to be a
minimum of 12 inches in width. Footing projections shall be at least 2 inches
and shall not exceed the thickness of the footing. The minimum load-bearing
value of soil shall be 2,000 psf. Soils investigation reports are required when it
appears the soil bearing value is below 2,000 psf, or when conditions exist as
described in R401.4. Footings for all three story structures shall be designed
by a licensed Kansas engineer.
12.
Section R507.4 of the International Residential Code, 2012 Edition, Alternate
Design, is hereby added to read as follows:
In lieu of the requirements of Section R507 Decks, the construction of decks
and balconies may use the approved standards and designs provided
in the latest edition of the Johnson County Building Officials Deck Design
publication.
13.
Section R907.3 of the International Residential Code, 2012 Edition, Recovering
versus Replacement, is hereby amended to read as follows:
New roof coverings shall not be installed without first removing all existing
layers of roof coverings down to the roof decking.
SECTION 2. Existing Section 5-1020 of the Code of Ordinances of the City of Mission Hills, Kansas, is hereby amended to read as follows:
5-1020.
Adoption of the Residential Code.
A.
B.
Incorporation of the Residential Code. The International Residential Code for One and
Two Family Dwellings, 2012 Edition, including appendix chapters F, G, J, O, Q and the
referenced standards in Chapter 44, published by the International Code Council, is hereby
incorporated by reference as the Residential Code of the City of Mission Hills, Kansas,
save and except such articles, sections, parts or portions as are hereafter omitted, deleted,
modified or changed. One official copy of said Residential Code, shall be marked or
stamped “Official Copy as Adopted by Ordinance No. 1408,” with all sections or portions
thereof intended to be omitted or changed clearly marked to show any such omission or
change and to which shall be attached a copy of this ordinance, and filed with the City
Clerk to be open to inspection and available to the public at reasonable business hours.
Official copies of such code shall be supplied at the cost of the City to the officials and
agencies in the manner listed and set forth in K.S.A. 12-3010. Subsequent references to
the Residential Code shall mean the International Residential Code for One and Two Family
Dwellings, 2012 Edition, published by the International Code Council. Should any provision
of this Residential Code conflict with any other provision of the Code of Ordinances of
the City of Mission Hills, Kansas, then the more restrictive of the two provisions shall take
precedence.
Section R101 of the International Residential Code, 2012 Edition is hereby
amended by replacing the words “Name of Jurisdiction” with the words “the
City of Mission Hills, Kansas.”
2.
The following sections shall be omitted in full.
Section R104.10.1 Flood hazard areas.
Section R105.2.3 Public service agencies.
Section R105.3.1.1 Determination of substantially improved or substantially
damaged existing buildings in flood hazard areas.
Section R105.5 Expiration
Section R106.1.3 Information for construction in flood hazard areas.
Section R109.1.3 Floodplain inspections.
Section R112.2.1 Determination of substantial improvement in flood hazard
areas.
Section R112.2.2 Criteria for issuance of a variance for flood hazard areas.
3.
Section R105.2 of the International Residential Code, 2012 Edition, Work Exempt
from Permit, is hereby amended to read as follows:
Building: amend so items 1, 2, 3, 4, 5, 7, 9, and 10, shall be omitted in full.
4.
Exception: Where the existing roof assembly includes an ice barrier membrane
that is adhered to the roof deck, the existing ice barrier membrane shall be
permitted to remain in place and covered with an additional layer of ice barrier
membrane in accordance with Section R905.
Amendments to the Residential Code as Published. The following provisions of the
International Residential Code (IRC), edition 2012, shall be omitted, amended, replaced
or supplemented as follows:
1.
Table R301.2(1) of the International Residential Code, 2012 Edition, is hereby
amended to insert the following information as follows:
Climatic and Geographic Design Criteria
a.
Roof Snow Load: 20 pounds per square foot
b.
Wind Speed: 90 miles per hour
c.
Topographic effects: No
d.
Seismic Design Category: A
e.
Weathering: Severe
f.
Frost Line Depth: 36 inches
g.
Termite: Moderate to Heavy
h.
Decay: Slight to Moderate
i.
Winter Design Temperature: Six degrees Fahrenheit
j.
Ice Barrier Underlayment Required: Yes
k.
Flood Hazards: Latest adopted FIRM and FBFM documents
l.
Air Freezing Index: 824
m. Mean Annual Temperature: 54.8 degrees Fahrenheit
5.
Section R303.4 of the International Residential Code, 2012 Edition, Mechanical
ventilation, is hereby amended to read as follows:
Where the air infiltration rate of a dwelling unit is less than three (3) air changes
per hour when tested with a blower door at a pressure of 0.2 inch wick (50 Pa)
in accordance with Section N1102.4.1.2 of the International Energy Conservation Code, the dwelling unit shall be provided with whole-house mechanical
ventilation in accordance with Section M1507.3.
6.
Section R309.5 of the International Residential Code, 2012 Edition, Fire Sprinklers, is hereby deleted in its entirety.
7.
Section R313 of the International Residential Code, 2012 Edition, Automatic
Fire Sprinkler Systems, is hereby deleted in its entirety.
The provisions of this chapter shall be permitted to be used for wood
situations:
a.
In buildings that have no more than two floors and a roof.
b.
When interior basement and foundation walls are constructed at
intervals not exceeding 50 feet (15 240mm).
c.
Foundation designs for one and two family dwellings may use the
approved standards and designs provided in the Johnson County
Residential Foundation Guidelines in lieu of the prescriptive requirements of Chapter 4 of this Code as approved by the Building
Official.
14.
Section N1101.1 of the International Residential Code, 2012 Edition, Scope,
is hereby amended to add the following paragraphs following the first paragraph:
As an alternative to the provisions of Chapter 11 of this code, structures validated by an accepted certified energy auditor to meet a HERS rating score of
85 or less shall be deemed to meet this Code. The energy auditor shall present
their national certification credentials for review and approval by the Building
Official prior to issuance of the permit.
Failure to meet with the compliance rating of 85 or less shall result in a “notice”
to the owner that the structure has failed to comply with this code. Such “notice”
shall be signed by the contractor and the owner.
15.
Table N1102.1.1 of the International Residential Code, 2012 Edition, is hereby
amended as follows:
Table N1102.1.1
Insulation and Fenestration Requirements by Componentбµѓ
Climat
e
Zone
Fenestrati
on
UFactor
Skylig
ht UFactor
ᵇ
Glazed
Fenestrati
on SHGCᵇ
Ceilin
g RValue
б¶ Wood
Frame
Wall
RValue
Mass
Wall
RValue
Floor
RValue
Baseme
nt
Wall
R-Valueᶜ
4
0.35
0.55
0.4
49
13
8/13
19
10/13
Slab
RValue
&
Depth
бµ€
NR
Crawl
Space
Wall
RValueᶜ
10/13
a. R-values are minimums. U-factors and SHGC are maximums. When insulation is
a. R-values are minimums. U-factors and SHGC are maximums. When insulation is
installed
in aincavity
which
is less
than
thethe
label
or or
design
thickness
of of
the
insulation,
installed
a cavity
which
is less
than
label
design
thickness
the
insulation,
the the
installed
R-value
of the
insulation
shall
notnot
be be
less
than
thethe
R-value
specified
in in
installed
R-value
of the
insulation
shall
less
than
R-value
specified
the table.
the table.
b.
The
fenestration
U-factor
column
excludes
skylights.
The
SHGC
column
applies
b. The fenestration U-factor column excludes skylights. The SHGC column applies toto
all glazed
fenestration.
all glazed
fenestration.
c. “10/13” means R-10 continuous insulation on the interior or exterior of the home or
c. “10/13”
means
R-10 continuous
insulation
on basement
the interiorwalls.
or exterior of the home or
R-13 cavity insulation
at the interior
of the
cavity
of the
walls. for heated slabs.
d.R-13R-5
shallinsulation
be addedattothe
theinterior
required
slabbasement
edge R-values
d. e.R-5 No
shall
be added to the required slab edge R-values for heated slabs.
change.
No change.
e. f. No change.
No change.
f. g.No change.
h. Refers to wall cavity insulation minimum standards only.
g. i. No change.
The second R-value applies when more than half the insulation is on the interior of
h. Refers
wallwall.
cavity insulation minimum standards only.
the to
mass
i. j. TheLoose-fill
second R-value
applies
when
moreatthan
half recommended
the insulation by
is on
interior of
insulation
shall be
installed
the rate
thethe
manufacturer’s
statement
the mass
wall. “so many bags per 1,000 sq ft.” Where the pitch of the roof restricts the
minimum
thickness
at
the
exterior
wall
line,
the
insulation
shall
be
blown
the
j. Loose-fill insulation shall be installed at the rate recommended byintothe
cavity so as statement
to achieve “so
a greater
density
a point
where
“minimum
manufacturer’s
manycompacted
bags per 1,000
sqtoft.”
Where
the the
pitch
of the
thickness” can be achieved. An alternative is to install high density batts around the
roofperimeter
restricts the
minimum
thickness at the exterior wall line, the insulation shall be
edge
per R1102.2.
blown into the cavity so as to achieve a greater compacted density to a point where
the “minimum thickness”
canON
beNEXT
achieved.
CONTINUED
PAGEAn alternative is to install high density
batts around the perimeter edge per R1102.2.
16.
Section N1102.4.1.2 of the International Residential Code, 2012 Edition, Testing,
THE LEGAL RECORD • NOVEMBER 18, 2014
JOHNSON COUNTY PUBLIC NOTICES
and identified for a specific use by a cord and plug connected appliance
such as a refrigerator, freezer, or a central vacuum system.
CONTINUED FROM PRECEDING PAGE
16.
27.
Section N1102.4.1.2 of the International Residential Code, 2012 Edition, Testing, is hereby amended to read as follows:
The building or dwelling unit shall be tested and verified as having an air leakage rate not exceeding 5 air changes per hour. Testing shall be conducted with
a blower door at a pressure of 0.2 inches w.g. (50 Pascals). Where required
by the Code Official, testing shall be conducted by an approved third party. A
written report of the results of the test shall be signed by the party conducting
the test and provided to the Code Official. Testing shall be performed at any
time after creation of all penetrations of the building thermal envelope.
Section E3902.5 of the International Residential Code, 2012 Edition, Unfinished
basement receptacles, is hereby amended to read as follows:
All 125-volt single phase 15 and 20 ampere receptacles installed in unfinished
basements shall have ground-fault circuit interrupter protection for personnel.
For purposes of this section, unfinished basements are defined as portions or
areas of the basement not intended as habitable rooms and limited to storage
areas, work areas and the like.
Exceptions:
1. A dedicated receptacle supplying only a permanently installed fire alarm
or burglar alarm system.
2. Single dedicated receptacles supplying a sump pump.
3. A single receptacle supplying a dedicated branch circuit that is located
and identified for a specific use by a cord and plug connected appliance
such as a refrigerator, freezer, or a central vacuum system.
During testing
1. Exterior windows and doors, fireplaces and stove doors shall be closed
but not sealed beyond the intended weather stripping or other infiltration
control measures.
2. Dampers, including exhaust, intake, makeup air, backdraft and flue
dampers shall be closed but not sealed beyond intended infiltration
control measures.
3. Interior doors, if installed at the time of the test, shall be open.
4. Exterior doors for continuous ventilation systems and heat recovery
ventilators shall be closed and sealed.
5. Heating and cooling systems, if installed at the time of the test, shall be
turned off.
6. Supply and return registers, if installed at the time of the test, shall be
fully open.
17.
28.
Section E3902.12 of the International Residential Code, 2012 Edition, Arc-fault
circuit interrupter protection, is hereby amended to read as follows:
All branch circuits that supply 120-volt single phase 15 and 20 ampere outlets
installed in libraries, dens, bedrooms, closets and similar rooms or areas shall
be protected by a combination type arc-fault circuit interrupter installed to
provide protection of the branch circuit. Other rooms, such as family rooms,
dining rooms, living rooms, parlors, sunrooms, recreation rooms, hallways and
similar rooms or areas are exempt from this requirement. For these purposes
a smoke alarm shall not be considered an outlet and is not required to be on
an arc-fault circuit. Isolated circuits serving smoke detectors and/or carbon
monoxide detectors shall be exempt from arc-fault protection. Smoke detectors shall not be included in a branch circuit protected by an arc-fault circuit
interrupter.
Section N1103.2.2 of the International Residential Code, 2012 Edition, Sealing
Mandatory, is hereby amended to read as follows:
Ducts air handlers and filter boxes shall be sealed. Joints and seams shall
comply with section M1601.4.1 of this code.
Exceptions:
1. Air impermeable spray foam products shall be permitted to be applied
without additional joint seals.
2. Where a duct connection is made that is partially inaccessible three
screws or rivets shall be equally spaced on the exposed portion of the
joint so as to prevent a hinge effect.
3. Continuously welded and locking-type longitudinal joints and seams
in ducts operating at static pressure classification shall not require
additional closure systems.
Exception:
1. Where an outlet branch circuit type AFCI is installed at the first outlet
to provide protection for the remaining portion of the branch circuit,
the portion of the branch circuit between the branch circuit overcurrent
device and the first outlet shall be installed with metal outlet and junction
boxes and RMC, IMC, EMT, type MC, or steel armored type AC cables
meeting the requirements of Section E3908.8
2.
Where an outlet branch circuit type AFCI is installed at the first outlet
to provide protection for the remaining portion of the branch circuit the
portion of the branch circuit between the branch circuit overcurrent
device and the first outlet shall be installed with metal or nonmetallic
conduit or tubing that is encased in not less than 2 inches of concrete.
3.
AFCI protection is not required for an individual branch circuit supplying
only a fire alarm system where the branch circuit is wired with metal
outlet and junction boxes and RMC, IMC, EMT, or steel-sheathed
armored cable, Type AC or Type MC, meeting the requirements of
Section E3908.8.
Duct tightness shall be verified by either of the following:
1. Post construction test: Total leakage shall be less than or equal to 4 cfm
per 100 square feet of conditioned floor area when tested at a pressure
differential of 0.1 inches wg (25 Pa) across the entire system, including
the manufacturer’s air handler enclosure. All register boots shall be
taped or otherwise sealed during the test.
2.
Rough in test: Total leakage shall be less than or equal to 4 cfm per
100 square feet of conditioned floor area when tested at a pressure
differential of 0.1 inches wg (25 Pa) across the system, including the
manufacturer’s air handler enclosure. All registers shall be taped or
otherwise sealed during the test. If the air handler is not installed at the
time of the test, total leakage shall be less than or equal to 3 cfm per 100
square feet of conditioned floor area.
29.
Exceptions:
1. The total leakage test is not required for ducts and air handlers located
entirely within the building thermal envelope.
2. On the post-construction test it is permissible to test for “leakage to
the outdoors” versus a “total leakage.” Leakage to the outdoors shall
be less than or equal to 8 cfm per 100 square feet of conditioned floor
space.
18.
SectionN1103.2.3 of the International Residential Code, 2012 Edition, Building
cavities (Mandatory), is hereby deleted.
19.
Section N1103.4.2 of the International Residential Code, 2012 Edition, Hot
water pipe insulation (prescriptive), is hereby deleted.
20.
Section N1104.1 of the International Residential Code, 2012 Edition, Lighting
equipment (Mandatory), is hereby amended to read as follows:
Fuel gas lighting systems shall not have continuously burning pilot lights.
21.
Section P2503.4 of the International Residential Code, 2012 Edition, Building
Sewer Testing, is hereby amended to read as follows:
The building sewer shall be tested by insertion of a test plug at the point of connection with the public sewer and filling the building sewer with water, testing
with not less than a ten (10’) foot head of water and be able to maintain such
pressure for fifteen (15) minutes or by air, maintain five (5) PSI for fifteen (15)
minutes. This testing will be required when ordered by the Building Official.
22.
Section P2503.5 of the International Residential Code, 2012 Edition, DWV
Systems Testing, is hereby amended to read as follows:
Rough and finished plumbing installations shall be tested in accordance with
Sections P2503.5.1 and P2503.5.2. This testing will be required when ordered
by the Building Official.
23.
24.
Section P2902.5.3 of the International Residential Code, 2012 Edition, Lawn
irrigation systems, is hereby amended to read as follows:
The potable water supply to lawn irrigation systems shall be protected against
backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum
breaker, a reduced pressure principle backflow preventer or a double check
valve backflow preventer. A valve shall not be installed downstream from an
atmospheric vacuum breaker. Where chemicals are introduced into the system,
the potable water supply shall be protected
against backflow by a reduced pressure principle backflow preventer.
Section P2903.4 of the International Residential Code, 2012 Edition, Thermal
expansion control, is hereby amended to read:
A means for controlling increased pressure caused by thermal expansion shall
be installed in each dwelling unit. A thermal expansion tank shall be the means
in which to control thermal expansion. At the time a water heater is new or
replaced, a thermal expansion tank shall be installed.
Section P3114.1 of the International Residential Code, 2012 Edition, Air admittance valves, General, is hereby amended to read as follows:
Vent systems using air admittance valves shall comply with this section. Individual
and branch type air admittance valves shall conform to ASSE 1051. Stack-type
air admittance valves shall conform to ASSE 1050. The use of air admittance
valves shall only be done so by the approval of the Building Official.
26.
Section E3902.2 of the International Residential Code, 2012 Edition, Garage
and accessory building receptacles, is hereby amended to read as follows:
All 125-volt single phase 15 or 20 ampere receptacles installed in garages and
grade level portions of accessory buildings used for storage or work areas shall
have ground fault circuit interrupter protection for personnel.
Exception:
1. Receptacles that are not readily accessible such as a ceiling mounted
receptacle for a garage door opener.
2. A single receptacle supplying a dedicated branch circuit that is located
Section E3902.13 of the International Residential Code, 2012 Edition, Arc-fault
circuit interrupter protection for branch circuit extensions or modifications, is
hereby amended as follows:
Examples:
Exception: (added)
1. This section shall not apply where existing dwelling unit premises wiring
circuits make the application of this section impracticable, as deemed
by the Building Official.
1.
Where the existing dwelling unit has a multi-wire branch circuit or utilizes
a listed panelboard for which there is no listed device for the application
of AFCI protection.
SECTION 3.
Existing Section 5-1021 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby amended to read as follows:
5-1021. Adoption of the Fire Code.
A.
Incorporation of the Fire Code. The International Fire Code, 2012 Edition, published by
the International Code Council, is hereby incorporated by reference as the Fire Code of the
City of Mission Hills, Kansas, save and except such articles, sections, parts or portions as
are hereafter omitted, deleted, modified or changed. One official copy of said Fire Code,
shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1408,” with all
sections or portions thereof intended to be omitted or changed clearly marked to show
any such omission or change and to which shall be attached a copy of this ordinance, and
filed with the City Clerk to be open to inspection and available to the public at reasonable
business hours. Official copies of such code shall be supplied at the cost of the City to the
officials and agencies in the manner listed and set forth in K.S.A. 12-3010. Subsequent
references to the Fire Code shall mean the International Fire Code, 2012 Edition, published
by the International Code Council. Should any provision of this Fire Code conflict with any
other provision of the Code of Ordinances of the City of Mission Hills, Kansas, then the
more restrictive of the two provisions shall take precedence.
B.
Amendments to the Fire Code as Published. The following provisions of the International
Fire Code (IFC), edition 2012, shall be omitted, amended, replaced, or supplemented as
follows:
1.
Section 101.1 is amended to by replacing the words “Name of Jurisdiction” with the
words “the City of Mission Hills, Kansas”.
2. Section 103.2 of the International Fire Code, 2012 Edition, Appointment is hereby
amended to read as follows:
The Fire Code Official shall also be known as the Building Official.
SECTION 4.
Existing Section 5-1022 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby amended to read as follows:
5-1022. Adoption of the Mechanical Code
A.
Incorporation of the Mechanical Code. The International Mechanical Code, 2012 Edition, published by the International Code Council, is hereby incorporated by reference as
the Mechanical Code of the City of Mission Hills, Kansas, save and except such articles,
sections, parts or portions as are hereafter omitted, deleted, modified or changed. One
official copy of said Mechanical Code, shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1408,” with all sections or portions thereof intended to be omitted
or changed clearly marked to show any such omission or change and to which shall be
attached a copy of this ordinance, and filed with the City Clerk to be open to inspection
and available to the public at reasonable business hours. Official copies of such code shall
be supplied at the cost of the City to the officials and agencies in the manner listed and
set forth in K.S.A. 12-3010. Subsequent references to the Mechanical Code shall mean
the International Mechanical Code, 2012 Edition, published by the International Code
Council. Should any provision of this Mechanical Code conflict with any other provision
of the Code of Ordinances of the City of Mission Hills, Kansas, then the more restrictive
of the two provisions shall take precedence.
B.
Amendment to the Mechanical Code as Published. The following provisions of the
International Mechanical Code (IMC), 2012 Edition, shall be omitted, amended, replaced
or supplemented as follows:
Exception: In cases where a thermal expansion tank is not feasible, the Building
Inspector shall determine an approved method of thermal expansion control.
25.
PAGE 11
1.
Section 101.1 of the International Mechanical Code, 2012 Edition, is hereby amended
by replacing the words “Name of Jurisdiction” with the words “the City of Mission
CONTINUED ON NEXT PAGE
PAGE 12
THE LEGAL RECORD • NOVEMBER 18, 2014
JOHNSON COUNTY PUBLIC NOTICES
CONTINUED FROM PRECEDING PAGE
he/she shall order in writing that such equipment be restored to a condition of safety
or be dismantled or removed from its present location. The written notice shall fix a
time limit for compliance with such order.
b. The building official is authorized to have electrical current and/or fuel supply to
equipment as defined in this Code seal off by the proper utility supplier where such
installation is done without permit or does not meet the provisions of this Code.
Where electric current or fuel supply has been sealed off, it shall be unlawful for
any unauthorized person to break such seal. Upon corrections being made to meet
requirements set forth in this Code, the building official shall contact the proper
utility supplier to approve the removal such seal.
Hills, Kansas.”
SECTION 5.
Existing Section 5-1023 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby amended to read as follows:
5-1023. Adoption of the Plumbing Code.
A.
B.
Incorporation of the Plumbing Code. The International Plumbing Code 2012 Edition,
published by the International Code Council, including appendix chapters E and F, is
hereby incorporated by reference as the Plumbing Code of the City of Mission Hills, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted,
deleted, modified or changed. One official copy of said Plumbing Code, shall be marked
or stamped “Official Copy as Adopted by Ordinance No. 1408,” with all sections or portions
thereof intended to be omitted or changed clearly marked to show any such omission or
change and to which shall be attached a copy of this ordinance, and filed with the City
Clerk to be open to inspection and available to the public at reasonable business hours.
Official copies of such code shall be supplied at the cost of the City to the officials and
agencies in the manner listed and set forth in K.S.A. 12-3010. Subsequent references to
the Plumbing Code shall mean the International Plumbing Code, 2012 Edition, published
by the International Code Council. Should any provision of this Plumbing Code conflict
with any other provision of the Code of Ordinances of the City of Mission Hills, Kansas,
then the more restrictive of the two provisions shall take precedence.
1.
Section 101.1 of the International Plumbing Code, 2012 Edition, is hereby amended
by replacing the words “Name of Jurisdiction” with the words “the City of Mission
Hills, Kansas.”
2. Section 103.1 of the International Plumbing Code, 2012 Edition, is hereby deleted.
3. Section 103.2 of the International Plumbing Code, 2012 Edition, is hereby deleted.
4.
Section 109 of the International Plumbing Code, 2012 Edition, is hereby amended
as follows:
Means of Appeal:
The same board as appointed to act as a Board of Appeals for the Building Code
shall act as Board of Appeals for the Plumbing Code.
5.
Section 305.4.1 of the International Plumbing Code, 2012 Edition, is hereby amended
as follows:
Building sewers that connect to private sewage disposal systems shall be prohibited
whenever possible. Where circumstances would require a private sewage disposal
system, application shall be made to the Johnson County Department of Environmental for approval. The private sewage disposal system shall be registered with
Johnson County; shall be installed accordingly, meeting all Johnson County rules
and regulations; and, shall be tested and maintained according to the rules and
regulations of Johnson County.
Section 90.4 of the National Electrical Code 2011 Edition is hereby amended to add
the following paragraphs to the existing section 90.4 as follows:
Administrative Authority. The building official or authorized representatives shall be
the authority duly appointed to enforce this Code.
a.
Liability. The building official or any employee charged with the enforcement
of this Code acting in good faith without malice for the jurisdiction in the
discharge of his/her duties shall not thereby render himself liable personally
and he/she hereby is relieved from all personal liability for any damage that
may accrue to persons or property as a result of any act required or by
reasons of any act or omission in the discharge of his/her duties. Any suit
brought against the building official or his/her employees because of such
act or omission performed by him/her in the enforcement of any provisions
of this Code shall be defended by legal representation of the City until final
termination of the proceeding.
5.
Section 210.12 (A) Dwelling Units of the National Electrical Code, 2011 Edition, is
hereby amended to read as follows:
Dwelling Units. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying
outlets installed in dwelling unit bedrooms, dens, libraries, closets and similar rooms
or areas shall be protected by a listed arc-fault circuit interrupter, combination-type,
installed to provide protection of the branch circuit. Arc-fault circuit interrupters,
combination types, will not be required for the family rooms, dining rooms, living
rooms, parlors, sunrooms, recreation rooms, hallways or similar rooms or areas.
Isolated circuits serving smoke detectors and/or carbon monoxide detectors shall be
exempt from arc-fault protection. Smoke detectors shall not be included in a branch
circuit protected by an arc-fault circuit interrupter.
6.
Section 310.1 of the National Electrical Code, 2011 Edition, is hereby amended to
read as follows:
Section 608.16.5 of the International Plumbing Code, 2012 Edition, is hereby amended
as follows:
608.16.5. Connections to lawn irrigation systems. The potable water supply to lawn
irrigation systems shall be protected against backflow by an atmospheric vacuum
breaker, a pressure vacuum breaker assembly, a reduced pressure principle backflow
prevention assembly or a double check valve backflow preventer. Valves shall not
be installed downstream from an atmospheric vacuum breaker. Where chemicals
are introduced into the system, the potable water supply shall be protected against
backflow by a reduced pressure principle backflow prevention assembly.
7.
Section 504 of the International Plumbing Code, 2012 Edition, is hereby amended
by adding the following:
504.8 Thermal expansion. An expansion tank shall be provide for all new and/or
replacement water heaters.
8.
Section 703, Table 702.3 of the International Plumbing Code, 2012 Edition, is hereby
amended by removing vitrified clay pipe from the approved material list.
9.
Section 708.3.5 of the International Plumbing Code, 2012 Edition, is hereby amended
by adding the following:
An approved type clean out fitting acceptable to the Johnson County Wastewater
District shall be installed outside of a building and extended above grade from the
waste or soil lines serving a building constructed with a concrete floor on grade or
with a crawl space foundation.
Informational Note: For flexible cords and cables, see Article 400. For fixture wires,
see Article 402.
The use of nonmetallic sheathed cable with aluminum or copper clad aluminum conductors size 8 or smaller will not be permitted for branch circuit wiring in construction,
alteration or repair. This shall apply to branch circuits from distribution point.
SECTION 7.
Existing Section 5-1024.5 of the Code of Ordinances of the City of Mission
Hills, Kansas, is hereby amended to read as follows:
SECTION 6.
Existing Section 5-1024 of the Code of Ordinances of the City of Mission Hills,
Kansas, is hereby amended to read as follows:
5-1024.5. Adoption of the Fuel Gas Code.
A.
Incorporation of the Fuel Gas Code. The International Fuel Gas Code, 2012 Edition,
published by the International Code Council, is hereby incorporated by reference as the
Fuel Gas Code of the City of Mission Hills, Kansas, save and except such articles, sections,
parts or portions as are hereafter omitted, deleted, modified or changed. One official copy
of said Fuel Gas Code, shall be marked or stamped “Official Copy as Adopted by Ordinance
No. 1408,” with all sections or portions thereof intended to be omitted or changed clearly
marked to show any such omission or change and to which shall be attached a copy of
this ordinance, and filed with the City Clerk to be open to inspection and available to the
public at reasonable business hours. Official copies of such code shall be supplied at the
cost of the City to the officials and agencies in the manner listed and set forth in K.S.A.
12-3010. Subsequent references to the Fuel Gas Code shall mean the International Fuel
Gas Code, 2012 Edition, published by the International Code Council. Should any provision of this Fuel Gas Code conflict with any other provision of the Code of Ordinances of
the City of Mission Hills, Kansas, then the more restrictive of the two provisions shall take
precedence.
B.
Amendment to the Fuel Gas Code as Published. Chapter 1, Administration, of the
International Fuel Gas Code (IFGC), edition 2012, shall be omitted in full and shall be
replaced with the provisions found in Sections 5-1001 to 5-1018 of this chapter, and the
administrative requirements in the International Building Code and International Residential
Code.
5-1024 Adoption of the Electrical Code
B.
4.
Scope. This Article covers general requirements for conductors and their type designations, insulations, markings, mechanical strengths, ampacity ratings and uses.
These requirements do not apply to conductors that form an integral part of equipment such as motors, motor controllers, and similar equipment, or to conductors
specifically provided for elsewhere in this Code.
10. Section 903.1 of the International Plumbing Code, 2012 Edition, is hereby amended
to read as follows:
Insert the number “twelve (12”)” in the space that says NUMBER.
A.
Section 90.4 of the National Electrical Code 2011 Edition is hereby amended to add
the following paragraphs to the existing section 90.4 as follows:
Authority to Abate
a.
Any portion of an electrical system found by the building official to be unsafe
as defined herein is hereby declared to be a nuisance.
b.
Where a nuisance exists or an electrical system is maintained in violation of
this Code, or any notice issued pursuant to this section, the building official
shall require the nuisance or violation to be abated and where necessary shall
seek such abatement in the manner provided by Law.
Amendment to the Plumbing Code as Published. The following provisions of the International Plumbing Code (IPC), edition 2012, shall be omitted, amended, replaced or
supplemented as follows:
6.
3.
Incorporation of the Electrical Code. The National Electrical Code, 2011 Edition, published
by the National Fire Protection Association, One Batterymarch Park, Quincy, Massachusetts
02169, is hereby incorporated by reference as the Electric Code of the City of Mission
Hills, Kansas, save and except such articles, sections, parts or portions as are hereafter
omitted, deleted, modified or changed. One official copy of said Electric Code, shall be
marked or stamped “Official Copy as Adopted by Ordinance No. 1408,” with all sections
or portions thereof intended to be omitted or changed clearly marked to show any such
omission or change and to which shall be attached a copy of this ordinance, and filed with
the City Clerk to be open to inspection and available to the public at reasonable business
hours. Official copies of such code shall be supplied at the cost of the City to the officials
and agencies in the manner listed and set forth in K.S.A. 12-3010. Subsequent references
to the Electric Code shall mean the National Electric Code, 2011 Edition, published by the
National Fire Protection Association. Should any provision of this Electric Code conflict
with any other provision of the Code of the City of Mission Hills, Kansas, then the more
restrictive of the two provisions shall take precedence.
SECTION 8. Section 1024.6 is hereby added to the Code of Ordinances of the City of Mission Hills,
Kansas, and shall read as follows:
5-1023.5 Adoption of the Energy Conservation Code
A.
Incorporation of the Energy Conservation Code. The International Energy Conservation
Code, 2012 Edition, published by the International Code Council, is hereby incorporated by
reference as the Energy Conservation Code of the City of Mission Hills, Kansas, save and
except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. One official copy of said Energy Conservation Code, shall be marked or
stamped “Official Copy as Adopted by Ordinance No. 1408,” with all sections or portions
thereof intended to be omitted or changed clearly marked to show any such omission or
change and to which shall be attached a copy of this ordinance, and filed with the City Clerk
to be open to inspection and available to the public at reasonable business hours. Official
copies of such code shall be supplied at the cost of the City to the officials and agencies
in the manner listed and set forth in K.S.A. 12-3010. Subsequent references to the Energy
Conservation Code shall mean the International Fuel Gas Code, 2012 Edition, published
by the International Code Council. Should any provision of this Energy Conservation Code
conflict with any other provision of the Code of Ordinances of the City of Mission Hills,
Kansas, then the more restrictive of the two provisions shall take precedence.
B.
Amendment to the Energy Conservation Code as Published. The following provisions
of the International Energy Conservation Code (IECC), edition 2012, shall be omitted,
amended, replaced, or supplemented as follows:
Amendments to the Electrical Code as Published. The following provisions of the National
Electrical Code (NEC) edition 2011, shall be omitted, amended, replaced, or supplemented
as follows:
1.
2.
Section 90.4 of the National Electrical Code 2011 Edition is hereby amended to add
the following paragraphs to the existing section 90.4 as follows:
Existing Equipment Electrical conductors and equipment lawfully installed prior to
the effective date of this Code may have their existing use, maintenance or repair
continued if the use, maintenance or repair is in accordance with the original design
and location and is not a hazard to life, health or property. The owner or his/her
designated agent shall be responsible for adequate maintenance of electrical conductors and equipment.
Section 90.4 of the National Electrical Code 2011 Edition is hereby amended to add
the following paragraphs to the existing section 90.4 as follows:
Authority to Condemn Equipment:
a. Whenever the building official learns or ascertains that any electrical conductor or
equipment as defined in this Code has become hazardous to life, health or property,
1.
Chapter 1, Scope and Administration shall be omitted in full and shall be replaced
with the provisions found in Sections 5-1001 to 5-1018 of this chapter, and the
administrative requirements in the International Building Code and International
Residential Code.
2.
Table R402.1.1 of the International Energy Conservation Code, 2012 Edition, is
CONTINUED ON NEXT PAGE
THE LEGAL RECORD • NOVEMBER 18, 2014
PAGE 13
JOHNSON COUNTY PUBLIC NOTICES
administrative requirements in the International Building Code and International
Residential Code.
CONTINUED FROM PRECEDING PAGE
2. Table R402.1.1 of the International Energy Conservation Code, 2012 Edition, is
hereby amended to read as follows:
Table R402.1.1
Insulation and Fenestration Requirements by Component
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 11, 2014.
CITY OF LENEXA
NOTICE TO BIDDERS
Sealed bids for I-435 SB Off-Ramp & 87 Street will be accepted by the City of Lenexa, Kansas at the Community
Development Department, Lenexa City Hall, 12350 West 87th Street Parkway, Lenexa, Kansas 66215, until 1:00 PM
(local time) on December 16, 2014 at which time bids will be publicly opened and read aloud at the Lenexa City
Hall. Any bid received after the designated closing time will not be considered and will be returned unopened.
th
Climat
e
Zone
4
Fenestrati
on
UFactor
0.35
Skylig
ht UFactor
0.55
Glazed
Fenestrati
on SHGC
0.4
Ceilin
g RValue
49
Wood
Frame
Wall
RValue
Mass
Wall
RValue
Floor
RValue
13
8/13
19
Baseme
nt
Wall
RValue
Slab
RValue
&
Depth
Crawl
Space
Wall
RValue
10/13
NR
10/13
R-values
R-values are
are minimums.
minimums. U-factors
U-factorsand
andSHGC
SHGCare
aremaximums.
maximums.When
Wheninsulation
insulationis is
installed
inaacavity
cavity
which
is less
the or
label
or design
thickness
of the
installed in
which
is less
thanthan
the label
design
thickness
of the insulation,
the installedthe
R-value
of the
insulation
shall
not be less
than
specified
insulation,
installed
R-value
of the
insulation
shall
notthe
beR-value
less than
the R-in
the table.
value
specified in the table.
b.
The fenestration U-factor column excludes skylights. The SHGC column applies
b.
The fenestration
column excludes skylights. The SHGC column applies
to all glazedU-factor
fenestration.
c. to all glazed
“10/13”fenestration.
means R-10 continuous insulation on the interior or exterior of the
c.
“10/13”
means
R-10cavity
continuous
insulation
the interior
or exteriorwalls.
of the home
home
or R-13
insulation
at the on
interior
of the basement
d. or R-13
R-5
shallinsulation
be addedat
tothe
theinterior
required
edge R-values
cavity
ofslab
the basement
walls.for heated slabs.
e.
No
change.
d.
R-5 shall be added to the required slab edge R-values for heated slabs.
f.
No change.
e. g. No change.
No change
f. h. No change.
Refers to wall cavity insulation minimum standards only.
g. i.
No change
No change.
insulation
shallminimum
be installed
at the
rate recommended by the
h. j.
RefersLoose-fill
to wall cavity
insulation
standards
only.
manufacturer’s statement “so many bags per 1,000 sq ft.” Where the pitch of
i.
No change.
the roof restricts the minimum thickness at the exterior wall line, the insulation
j.
Loose-fill
shall
installed
the rate
recommended
by theto
shall insulation
be blown into
the be
cavity
so as to at
achieve
a greater
compacted density
manufacturer’s
statement
“so many
bags percan
1,000
sq ft.” Where
the pitch isofto
a point where
the “minimum
thickness”
be achieved.
An alternative
the roof
restricts
the minimum
thickness
at the exterior
line, the insulation
install
high density
batts around
the perimeter
edge wall
per R1102.2.
shall be blown into the cavity so as to achieve a greater compacted density to a
SECTION 9.
Existing
Sections
5-1019,
5-1020,
5-1021,
5-1022,
5-1023,
5-1024 and
point where the “minimum thickness” can be achieved. An alternative
is to5-1024.5
install
of the Code of Ordinances of the City of Mission Hills, Kansas, are hereby repealed.
high density batts around the perimeter edge per R1102.2.
SECTION 10. This ordinance shall take effect upon its publication, or the publication of a certified
SECTION
Existing
Sections 5-1019, 5-1020, 5-1021, 5-1022, 5-1023, 5-1024 and 5summary thereof,
in the9.official
City newspaper.
1024.5 of the Code of Ordinances of the City of Mission Hills, Kansas, are hereby repealed.
PASSED by the City Council this 10th day of November, 2014. APPROVED by the Mayor.
All bids shall be submitted to the Community Development Department Customer Service Staff (Main Level) in
sealed envelopes addressed to the CITY OF LENEXA, KANSAS, ATTENTION: CITY CLERK, and marked “Bid
for: I-435 SB Off-Ramp & 87th Street” Copies of plans, specifications, bidding documents and other Contract
Documents are on file at:
Drexel Technologies, Inc.
10840 W. 86th Street
Lenexa, KS 66214
a. a.
/s/ Richard T.SECTION
Boeshaar 10. This ordinance shall take effect upon its publication, or the publication of a
certified
summary
thereof, in the official City newspaper.
Richard
T. Boeshaar,
Mayor
ATTEST:
/s/ Megan Nelson
PASSED by the City Council this 10th day of November, 2014. APPROVED by the Mayor.
Megan Nelson, City Clerk
APPROVED AS TO FORM:
/s/ Richard
T. Boeshaar
/s/ Neil
R. Shortlidge
T. Boeshaar,
Mayor
Neil Richard
R. Shortlidge,
City Attorney
ATTEST:
11/18
/s/ Megan Nelson
Megan Nelson, City Clerk
APPROVED AS TO FORM:
/s/ Neil R. Shortlidge
15
VEHICLE AUCTION
MD30
FirstDB02/0739369.0004/9504020.1
published in The Legal Record,
Tuesday, November 18, 2014.
Unclaimed Vehicle Auction
*OPEN TO THE PUBLIC * INTERNET BIDS ONLY*
Pursuant to K.S.A. 8-1102 and K.S.A. 58-211 the following vehicles will be sold at public auction on
Saturday, November 29, 2014 at 7:00 pm unless claimed by the owner and all tow and storage charges
are paid in full. This auction is open to the public at www.TowLot.com.
Pre bidding begins at noon Saturday, November 22, 2014 and continues until the live internet sale
begins at 7:00 pm Saturday, November 29, 2014.
Vehicles can be inspected at Pro-Tow L.L.C. 11410 W 89th Street, Overland Park, KS starting
Saturday, November 22 thru Saturday, November 29 from 9 am to 5 pm weekdays.
Terms of Auction: ALL SALES ARE FINAL NO REFUNDS! ONLY REGISTERED USERS OF
www.TowLot.com MAY BID ON VEHICLES. This sale is by internet bid only!
All sales are “AS IS” AND “WHERE IS” there are NO GUARANTEES OR WARRANTIES. Paperwork to
obtain title is $100.00 per vehicle. There is NO GUARANTEE the paperwork we provide will obtain a title
for you in your state. Please check with your state for title requirements. You must agree to all sale
disclosures and be registered user of www.TowLot.com to qualify as a bidder for this sale.
Nationwide transportation of vehicles can be arranged by Pro-Tow L.L.C. at 913-262-3300.
YR
1
MAKE
VIN#
LAST KNOWN OWNER
TRAILER
5X8
N/A
2
1966
PONTIAC
LEMAN
237676P158443
COLLIN JAMES
3
1986
FORD
F150
1FTCF15N5GKA18434
HOKE JAMES R JR
4
1993
TOYOTA
CELICA
JT2ST85NXP0137825
CARLOS ENRIQUE MAZARIEGOS-XILOJ/GEICO
5637734
5
1994
FORD
ESCORT
1FARP15JXRW218425
HOKE JAMES R JR
6
7
1995
1996
CHEVROLET
DODGE
TAHOE
CARAVAN
1GNEC13K7SJ375369
2B4FP2534TR708926
TRENT DONALD/TELLO JOSE
BRANDY GRANDOS/LOAN MAX/BLACKWELL MICHAEL
E&CHRISTINE R/NASB
8
1997
SATURN
S SERIES
1G8ZH1276VZ210969
9
1998
OLDSMOBILE
INTRIGUE
1G3WS52K9WF313828
KARLA PENELOPE ESTALA/ONTIVEROS JUAN PABLO
MARIA ROCHELLE FRAZIER/MIDWEST TITLE
LOANS/HOYT HANNAH F
10
1998
PLYMOUTH
GRAND VOYAGER
2P4GP4438WR751749
HERRING FRANKIE
11
1999
DODGE
GRAND CARAVAN
1B4GP44GXXB622240
HOBSON VIRGINIA ROSE
12
1999
FORD
EXPLORER
1FMYU24X1XUA66498
13
1999
FORD
WINDSTAR
2FMZA5149XBB22329
MARTINEZ RAUL
14
15
2000
2000
FORD
HONDA
TAURUS
ACCORD
1FAFP55U3YG236908
1HGCG225XYA029154
GORDON JEFF& RHONDA
ALEC TAYLOR/HONDA LEASE TRUST LSR%LEWISGOLDFINE/HONDA LEASE TRUST
16
2000
HYUNDAI
ELANTRA
KMHJF35F8YU023494
WALKER MARCIA S/CHRYLER FINANCIAL C
17
18
2000
2001
MITSUBISHI
CHEVROLET
GALANT
MONTE CARLO
4A3AA46G3YE157336
2G1WW12E119360319
19
2001
CHEVROLET
MONTE CARLO
2G1WX15K019335507
BRITTNEY NYRE NASH
BRIANNA MONET STEWART/LOAN MAX TITLE
LOANS/TITLEMAX OF MISSOURI
VANRUSS ORLANDO ROBINSON JR/MIDWEST TITLE
LOANS/TJ LENDING
20
2002
BUICK
CENTURY
2G4WS52J321194193
MICHAEL JEFFRE & LAURA A JUSTICE
21
2002
CADILLAC
DEVILLE
1G6KD54Y02U111284
VAUGHN ANTHONY
22
23
2003
2003
BUICK
DODGE
CENTURY
CARAVAN
2G4WS52J531217698
1D4GP25353B198658
24
2003
HONDA
ODDYSEY
5FNRL18733B050192
DARREN L &OPAL K MICHAELS
KANSAS DEPARTMENT OF AGRICULTURE/BROADWAY
RONRICO/TITLEMAX OF MISSOURI
JOHN R POTTS/AMERICA HONDA FINANCE
CORP/COLLINS LAURA R
25
2005
CHRYSLER
SEBRING
1C3EL45X85N639428
CALLAHAN A CLIFTON/DC FIN SVCS AMER LLC
26
2005
MERCURY
MOUNTANIER
4M2DU86W25UJ10106
11/18
Bidders desiring Contract Documents for use in preparing bids may obtain a set of such documents at the address above.
PLANS AND SPECIFICATIONS MAY BE DOWNLOADED FROM THE DREXEL TECHNOLOGIES, INC. WEBSITE
SET FORTH BELOW
http://planroom.drexeltech.com/
NOTE: DAVIS BACON WAGE RATES APPLY TO THIS PROJECT
EACH BIDDER WILL BE RESPONSIBLE FOR ENSURING THAT IT HAS RECEIVED ANY AND ALL ADDENDA ISSUED BY CITY IN ACCORDANCE WITH IB-10 OF THE INSTRUCTIONS TO BIDDERS.
CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL CONTRACT DOCUMENTS INCLUDING ADDENDA BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS
READ THE CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH AND THAT IT HAS VISITED THE
SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS AND
SHALL INCLUDE IN ITS BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK AS SPECIFIED IN
THE CONTRACT DOCUMENTS.
No oral telegraphic, telephonic proposals or alterations will be considered. Facsimile transmissions will not be
accepted.
The following items must be included in the sealed envelope with the Bid:
a.
Bid Form;
b.
5% Bid Security--Bid Bond, Cashier’s Check or Certified Check (see below); and
c.
Acknowledgment of Addenda Issued by City.
Each bidder shall file with its bid a bid bond, a cashier’s check or a certified check drawn on an acceptable bank,
made payable to City of Lenexa, Kansas, in an amount equal to five percent (5%) of the total bid, which shall be
retained by City of Lenexa, Kansas until a Contract for the project has been executed. Bid Bonds will be returned
to the bidders, with the exception of the best and lowest and second best and second lowest responsible bidders,
within twenty-one (21) days after their bids are rejected. The bid deposit of the lowest and the second lowest
responsible bidders will be returned when the Performance Bond, Maintenance Bond and Statutory Bond, each in
an amount equal to 100% of the Contract amount; required insurance certificates and other required documents
shall have been furnished and the Contract Documents have been executed by the successful bidder.
In the event the low bidder is unable to execute the Contract, for whatever reason, within the time provided in
the Notice of Award, City may annul the Notice of Award and the bid deposit may be forfeited and City shall
exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security or
specific performance.
City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein.
Bids may be modified or withdrawn by written request of the bidder received in the office of City Clerk, prior to
the time and date for bid opening.
From and after the release of this Notice, any party intending to bid on the above referenced Project, including
their officers, employees, agents, or contractors are specifically prohibited from communicating with any elected
or appointed official of the City, directly or indirectly, with regard to the award of the contract for the Project listed
above, except as specifically authorized by the Instructions to Bidders. Any such unauthorized communication
may result in the automatic disqualification of such bidder.
ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF CITY BECAUSE OF
SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS NOTICE SHALL CONSTITUTE AN
AGREEMENT OF THE BIDDER TO THESE CONDITIONS.
If this section is completed, a Pre-Bid Conference will be held at:
Lenexa City Hall, Executive Conference Room
December 9, 2014, at 1:00 P.M.
11/11 11/8 11/25 12/2 12/9
David F. Bryant III
David F. Bryant III, City Clerk
City of Lenexa, Kansas
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 18, 2014.
JOHNSON COUNTY COMMUNITY COLLEGE
12345 College Blvd
Overland Park, KS 66210
(913) 469-3812
Johnson County Community College is accepting proposals for:
SURVEY INSTRUMENT, RFP 15-059
Specifications and RFP forms may be obtained by contacting the Procurement office at (913) 469-3812.
Proposals which are received in the Procurement office prior to 3:30 PM on DECEMBER 2, 2014 will
be given consideration. Vendors responding to the RFP will be announced publicly on DECEMBER
2, 2014 at 3:30 PM in the Campus Services Building (CSB), Conference Room, 170, Johnson County
Community College, 12345 College Blvd., Overland Park, KS 66210.
11/18
PAGE 14
THE LEGAL RECORD • NOVEMBER 18, 2014
JOHNSON COUNTY PUBLIC NOTICES
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 18, 2014.
CITY OF OVERLAND PARK, KANSAS
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 18, 2014.
CITY OF OVERLAND PARK, KANSAS
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed bids for Facilities Mowing - 2015 - 2016
will be received by the City of Overland Park, Kansas,
at the office of the City Clerk, City Hall, 8500 Santa Fe Drive, Overland Park, Kansas 66212 until 2:00 p.m. local
time on Thursday, December 11
, 2014. At that time all sealed bids will be transferred to the City
Council Chamber, City Hall, where they will be publicly opened and read aloud. Any bid received after the
designated closing time will be returned unopened.
Sealed bids for 2014 STREETLIGHTING, METCALF AVENUE, 71ST STREET TO 63RD STREET, Overland Park
Project No. SL-1224, Johnson County CARS No. 32000971 will be received by the City of Overland Park, Kansas, at the office of the City Clerk, City Hall, 8500 Santa Fe Drive, Overland Park, Kansas 66212 until 2:00 p.m.
local time on December 9, 2014. At that time all sealed bids will be transferred to the City Council Chamber,
City Hall, where they will be publicly opened and read aloud. Any bid received after the designated closing time
will be returned unopened.
All bids shall be submitted in sealed envelopes addressed to the City Clerk of Overland Park, Kansas, and marked
“BID FOR: Facilities Mowing - 2015-2016.” Copies of plans, specifications, bid documents and other Contract
Documents are on file at the office of the Director of Parks Services
located at 11921Hardy,Overland
Park, Kansas 66213 . Contractors desiring the Contract Documents for use in preparing bids may obtain a set
of such documents from Director of Parks Services
upon payment of Dollars
($
0.00
), which amount is not refundable.
All bids shall be submitted in sealed envelopes addressed to the City Clerk of Overland Park, Kansas, and marked
“BID FOR: 2014 STREETLIGHTING, METCALF AVENUE, 71ST STREET TO 63RD STREET, Overland Park Project
No. SL-1224, Johnson County CARS No. 32000971.” Copies of plans, specifications, bid documents and other
contract documents are on file at the office of the Department of Public Works located at 8500 Santa Fe Drive,
Overland Park, KS 66212, 913-895-6040. Contractors desiring the contract documents for use in preparing bids
may obtain a set of such documents from the Department of Public Works upon payment of Thirty and 00/100
Dollars ($30.00), which amount is not refundable.
Neither the City nor Consultant shall be responsible for the accuracy, completeness, or sufficiency of any
Bid Documents obtained from any source other than the source indicated above. Obtaining copies of plans,
specifications, bid documents and other Contract Documents from any other source(s) may result in obtaining
incomplete and inaccurate information. Obtaining these documents from any source other than directly from
the source listed herein may also result in failure to receive any addenda, corrections, or other revisions to these
documents that may be issued.
Neither the City nor consultant shall be responsible for the accuracy, completeness, or sufficiency of any bid documents obtained from any source other than the source indicated above. Obtaining copies of plans, specifications,
bid documents and other contract documents from any other source(s) may result in obtaining incomplete and
inaccurate information. Obtaining these documents from any source other than directly from the source listed
herein may also result in failure to receive any addenda, corrections, or other revisions to these documents that
may be issued.
Contractors should read and be fully familiar with all Contract Documents before submitting a bid. In submitting
a bid, the bidder warrants that it has read the contract documents and is fully familiar therewith and that it has
visited the site of the work to fully inform itself as to all existing conditions and limitations and shall include in its
bid a sum to cover the cost of all items of the work.
Contractors should read and be fully familiar with all contract documents before submitting a bid. In submitting
a bid, the bidder warrants that it has read the contract documents and is fully familiar therewith and that it has
visited the site of the work to fully inform itself as to all existing conditions and limitations and shall include in its
bid a sum to cover the cost of all items of the work.
All bidders shall verify that they have considered all written addenda. Neither the City nor the Consulting Engineer
shall be responsible for oral instructions.
Should a bidder find “defects” as defined in paragraph GC‑3 of the General Conditions, it shall follow the procedures outlined in paragraph GC‑3 to bring same to the attention of City. Changes necessitated thereby shall be
in the form of addenda issued by the consultant.
Any written addenda issued during the time of bidding shall be covered and included in the bid. There will be no
clarifications or exceptions allowed on the Bid. Bids are for a total bid package, total contract price.
Bids shall be made upon the form provided in ink or typewritten. Numbers shall be stated both in writing and in
figures; the signature shall be long hand; and the complete form shall be without alteration or erasure. On alternate
items for which a bid is not submitted, a written indication of “no bid” on the bid form is required.
No oral, telegraphic, facsimile or telephonic bids or alterations will be considered.
The following items must be included in the sealed envelope with the bid:
a.
Bid
b.
5% Bid Security‑‑Bid Bond, Cashier’s Check or Certified Check (See below.)
Each bidder shall file with its bid a bid bond, a cashier’s check or a certified check drawn on any acceptable bank,
made payable to the City of Overland Park, Kansas, in an amount of not less than five percent (5%) of the total bid,
which shall be retained by the City of Overland Park until a Contract for the project has been executed. Bid bonds
will be returned to the unsuccessful bidders, with the exception of the second qualifying bidder, at such time as
their bids are rejected. The bid deposit of the successful bidder and the second qualifying bidder will be returned
when satisfactory bonds in an amount equal to 100% of the Contract amount, required insurance certificates and
other required documents shall have been furnished and the Contract Documents have been executed.
In the event the successful bidder is unable to execute the Contract, for whatever reason, City may exercise its
legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security.
The City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein.
Bids may be modified or withdrawn by written request of the bidder received in the office of the City Clerk, prior
to the time and date for bid opening; provided, however, that no bidder may withdraw its bid for a period of thirty
(30) days from the date set for the opening thereof. ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO
LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION. IT IS UNDERSTOOD BY ALL BIDDERS
THAT AN UNSUCCESSFUL BIDDER HAS NO CAUSE OF ACTION AGAINST THE CITY FOR BID PREPARATION
COSTS. THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT
OF THE BIDDER TO THESE CONDITIONS.
A Pre-Bid Conference will be held at:
Parks Headquarters
11921 Hardy Street
Date & Time: 11/18
December 2, 2014 - 10:00 a.m.
All bidders shall verify that they have considered all written addenda. Neither the City nor the consultant shall
be responsible for oral instructions.
Any written addenda issued during the time of bidding shall be covered and included in the bid. There will be no
clarifications or exceptions allowed on the bid. Bids are for a total bid package, total contract price.
Bids shall be made upon the form provided in ink or typewritten. Numbers shall be stated both in writing and in
figures; the signature shall be long hand; and the complete form shall be without alteration or erasure. On alternate
items for which a bid is not submitted, a written indication of “no bid” on the bid form is required.
No oral, telegraphic, facsimile or telephonic bids or alterations will be considered.
The following items must be included in the sealed envelope with the bid:
a.
Bid
b.
5% Bid Security‑‑Bid Bond, Cashier’s Check or Certified Check (See below.)
Each bidder shall file with its bid a bid bond, a cashier’s check or a certified check drawn on any acceptable bank,
made payable to the City of Overland Park, Kansas, in an amount of not less than five percent (5%) of the total bid,
which shall be retained by the City of Overland Park until a contract for the project has been executed. Bid bonds
will be returned to the unsuccessful bidders, with the exception of the second qualifying bidder, at such time as
their bids are rejected. The bid deposit of the successful bidder and the second qualifying bidder will be returned
when satisfactory bonds in an amount equal to 100% of the contract amount, required insurance certificates and
other required documents shall have been furnished and the contract documents have been executed.
In the event the successful bidder is unable to execute the contract, for whatever reason, City may exercise its
legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security.
The City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein.
Bids may be modified or withdrawn by written request of the bidder received in the office of the City Clerk, prior
to the time and date for bid opening; provided, however, that no bidder may withdraw its bid for a period of thirty
(30) days from the date set for the opening thereof. ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO
LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION. IT IS UNDERSTOOD BY ALL BIDDERS
THAT AN UNSUCCESSFUL BIDDER HAS NO CAUSE OF ACTION AGAINST THE CITY FOR BID PREPARATION
COSTS. THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT
OF THE BIDDER TO THESE CONDITIONS.
Publish: Legal Record
Tuesday, November 18, 2014
11/18
NOTICE OF PUBLIC HEARING
First published in The Legal Record, Tuesday, November 18, 2014.
CITY OF MISSION HILLS, KANSAS
NOTICE OF PUBLIC HEARING
Board of Zoning Appeals (BZA)
The BZA will hold a public hearing at City Hall, 6300 State Line Road, on December 10, 2014 at 8:30 AM, or as
soon thereafter as is possible (pre-meeting to begin at 8:00 AM), to consider the application of Wm. Kevin Harden
appealing the decision of the Architectural Review Board to approve a new home at the following property: 2101
West 59th Street (Lot 1, Block 8, Mission Hills Subdivision), Mission Hills, Kansas.
/s/
11/18
Megan Nelson
City Clerk
City of Mission Hills, Kansas
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 18, 2014.
JOHNSON COUNTY COMMUNITY COLLEGE
12345 College Blvd
Overland Park, KS 66210
(913) 469-3812
Johnson County Community College is accepting proposals for:
POS INTEGRATED SECURITY SYSTEM, RFB #15-065
Specifications and RFP forms may be obtained by contacting the Procurement office at (913) 469-3812. Proposals
which are received in the Procurement office prior to 2:00 P.M. on DECEMBER 8, 2014 will be given consideration.
Vendors responding to the RFP will be announced publicly on DECEMBER 8, 2014 at 2:00 P.M. in the CSB Building,
Room 170, Johnson County Community College, 12345 College Blvd., Overland Park, KS 66210.
11/18
THE LEGAL RECORD • NOVEMBER 18, 2014
PAGE 15
JOHNSON COUNTY PUBLIC NOTICES
RESOLUTION NO. 4082
EXHIBIT A
RESOLUTION NO. 4082
Legal Description
For the Redevelopment District and the Redevelopment Project Area
For the Crossroads 80 Project
At the southeast corner of 80th and Metcalf
(includes all of the ePartment Communities land plus the adjacent half of the rights of way
for Metcalf, 80th Street and Broadmoor)
First published in The Legal Record, Tuesday, November 18, 2014.
A RESOLUTION OF THE CITY OF OVERLAND PARK, KANSAS, PROVIDING FOR
NOTICE OF A PUBLIC HEARING CONCERNING THE CONSIDERATION OF A
REDEVELOPMENT PROJECT PLAN FOR A REDEVELOPMENT DISTRICT IN THE CITY
(CROSSROADS 80 PROJECT).
WHEREAS, pursuant to K.S.A. 12-1770 et seq., as amended (the "Act") and Ordinance
No. RD-3049 (the “TIF District Ordinance”) of the City of Overland Park, Kansas (the "City"),
and in order to promote, stimulate and develop the general and economic welfare of the City, the
governing body of the City has established a redevelopment district; and
Beginning at a point on the west line of Section 29, Township 12 South, Range 25 East, 663.3 feet
south of the northwest corner of said section in Overland Park, Johnson County, Kansas; thence
south along the west line of said section a distance of 382.96 feet; thence easterly to a point on the
west line of Lot 17, Kirkbride Place, a subdivision of land in the City of Overland Park, and 15 feet
north of the southwest corner of said Lot 17; thence easterly along a line parallel to the south line
of said Lot 17 a distance of 303.5 feet to a point on the east line of said Lot 17 and 15 feet north of
the southeast corner of said lot; thence northerly a distance of approximately 11.16 feet along the
east line of said Lot 17 and the west line of Lot 22, Kirkbride Place, to a point of 24.5 feet north of
the southwest corner of said Lot 22; thence easterly along a line parallel to the south line of said
Lot 22 a distance of 180 feet to a point on the east line of said Lot 22 and 24.5 feet north of the
southeast corner of said lot; thence easterly a distance of 20 feet along a line parallel to the south
line of said Lot 22 to a point on the centerline of Broadmoor Street (originally platted as Merritt
Avenue); thence northerly along the centerline of Broadmoor Street approximately 371.5 feet to a
point on the centerline of 80th Street; thence westerly along the centerline of 80th Street a distance
of approximately 528.5 feet to the Point of Beginning.
WHEREAS, a comprehensive feasibility study has been completed which indicates that
the benefits, tax increment revenue and other available revenues under K.S.A. 12-1774(a)(1)
expected to be derived from the redevelopment project are expected to exceed or be sufficient to
pay for the redevelopment project costs; and
WHEREAS, a copy of the proposed redevelopment project plan for the redevelopment
district has been delivered to the Board of County Commissioners of Johnson County, Kansas,
and to the Board of Education of Unified School District No. 512, Shawnee Mission, Kansas, all
in accordance with the Act; and
WHEREAS, the Planning Commission of the City has reviewed the proposed
redevelopment project plan and has found and determined that the proposed redevelopment
project plan is consistent with the intent of the comprehensive plan for development of the City;
and
EXHIBIT B
WHEREAS, pursuant to the Act, the City adopts this Resolution giving notice of a public
hearing for the City to consider adoption of the proposed redevelopment project plan.
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
OVERLAND PARK, KANSAS, AS FOLLOWS:
Section 1. A public hearing to consider adoption of the redevelopment project plan shall
be held on December 1, 2014, beginning at 7:30 p.m., central time, at City Hall, 8500 Santa Fe
Drive, Overland Park, Kansas. The date of the public hearing is not less than 30 or more than 70
days after the date of this Resolution as required by K.S.A. 12-1772.
Section 2. The redevelopment district was created by Ordinance No. RD-3049 (the “TIF
District Ordinance”) passed by the City Council on July 7th, 2014, and became effective on July
15, 2014 (the publication date for the TIF District Ordinance). The boundaries of the
redevelopment district and the boundaries of the redevelopment project area are set forth on
Exhibit A attached to this Resolution. A sketch of the redevelopment district and the
redevelopment project area is also attached to this Resolution as Exhibit B.
Section 3. The redevelopment project plan, including a summary of the feasibility study
and a description and map of the area to be redeveloped, are available for inspection during
regular business hours in the office of the City Clerk of the City. As indicated in the
redevelopment project plan under the caption “Relocation Assistance Plan,” no relocation
assistance payments are required under the Act. There are no financial guarantees of prospective
developers.
Section 4. A copy of this Resolution shall be sent by certified mail, return receipt
requested, to the Board of County Commissioners of Johnson County, Kansas, and the Board of
Education of Unified School District No. 512, Shawnee Mission, Kansas. Copies of this
Resolution also shall be sent by certified mail, return receipt requested, to each owner and
occupant of land within the proposed redevelopment project area not more than 10 days following
the date of adoption of this Resolution. This Resolution (including Exhibits A and B) shall be
published once in the official City newspaper not less than one week or more than two weeks
preceding the date fixed for the public hearing.
Section 5. This Resolution shall be in full force and effect from and after its adoption.
ADOPTED by the City Council this 20th day of October, 2014.
APPROVED AND SIGNED by the Mayor this 20th day of October, 2014.
CITY OF OVERLAND PARK, KANSAS
By:
(SEAL)
/s/ Carl Gerlach
Carl Gerlach
Mayor
11/18
ATTEST:
By:
/s/ Marian Cook
Marian Cook
City Clerk
APPROVED AS TO FORM:
By:
/s/ Tammy M. Owens
Tammy M. Owens
Deputy City Attorney
VEHICLE AUCTION
First published in The Legal Record, Tuesday, November 18, 2014.
The following vehicles will be sold at 1303 Ott Street, Olathe, KS on November 28, 2014 at 3 pm unless claimed
by the owner and all tow and storage charges are paid in full.
TERMS OF AUCTION: All sales are final. No refunds. All sales are “as is” “where is” and there are no guarantees
or warranties expressed or implied. The paperwork to obtain a new title will cost $80.00 per vehicle. There is no
guarantee paperwork will obtain a new title for you in your state. Please check with the Department of Motor
Vehicles in your state for details. You must agree to all sale disclosures.
1996 Olds Achieva 1G3N155M5SM311876 NRF
1993 Toyota Camry JT2SK12E7P0135626 NRF
2013 Jeep Gran Cherokee 1C4RJFBG9DC541389 NRF
CALL LAVON FOR PAYMENT
11/18 11/25
PAGE 22
THE LEGAL RECORD • NOVEMBER 18, 2014
JOHNSON COUNTY PUBLIC NOTICES
NOTICE TO BIDDERS
First published in The Legal Record, Tuesday, November 18, 2014.
NOTICE TO BIDDERS
CITY OF PRAIRIE VILLAGE, KANSAS
MATERIALS TESTING PROGRAM
Sealed bids will be received by the City Governing Body of Prairie Village, Kansas at the office of
City Clerk at the City Hall, 7700 Mission Road, Prairie Village, Kansas, until 3:00 p.m. (CST) on
Friday, December 19, 2014.
All bids shall be submitted in the provided envelope stamped “Bid”, sealed and addressed to the
City Clerk, and marked “Materials Testing Program”. At the above stated time and place, all bids
shall be publicly opened and read aloud. Bids received after the designated closing time will be
returned unopened.
Said project to include, but not limited to, the testing of asphalt, concrete, aggregate, sub-base and
subgrade throughout the City, including related items.
All equipment, material and workmanship must be in accordance with the Bid Documents on file with
the City Clerk, Prairie Village, Kansas. Copies of the Bid Documents may be obtained from the city’s
website at www.pvkansas.com or City of Prairie Village Public Works Department, 3535 Somerset
Drive, Prairie Village, Kansas, 66208.
Non-resident corporations that are not already registered with the Kansas Secretary of State and
all non-resident individuals and partnerships are required by law to register with the Director of
Revenue, State Office Building, Topeka, Kansas, and to pay a fee of Ten Dollars ($10.00) for each
and every contract as a precedent to commencing work on the contract. For contracts in excess
of Ten Thousand Dollars ($10,000), the foreign contractor shall file with the Director of Revenue an
acceptable bond for ten percent (10%) of the contract.
11/18
CITY OF PRAIRIE VILLAGE
JOYCE HAGEN-MUNDY, CITY CLERK
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