CITY OF BENNINGTON ORDINANCE BOOK

Chapter I (1) ADMINISTRATION Article 1 City Elections Article 2 Governing Body Article 3 Officers and Employees Article 4 Oaths and Bonds Article 5 Municipal Court Article 6 Fire Department Organization Article 7 Recreation Commission Article 8 Capital Improvement Fund Article 9 Equipment Reserve Fund Article 10 Ambulance Service Organization

Chapter II (2) ANIMALS AND FOWL Article 1 Animals Article 2 Dogs and Cats

Chapter III (3) BEVERAGES Article 1 Alcoholic Liquor Article 2 Cereal Malt Beverage

Chapter IV (4) BUILDINGS AND CONSTRUCTION Article 1 Building Code Article 2 Dangerous Structures Article 3 City Planning Commission Article 4 Miscellaneous Article 5 Solar Energy Systems Article 6 Cross – Connections

Chapter V (5) LICENSES AND BUSINESS REGULATIONS Article 1 Solicitors, Canvassers, and Peddlers Article 2 Operation Licenses – Amusement

Chapter VI (6) FIRE REGULATIONS Article 1 Fire Limits Article 2 Fire Regulations Article 3 Fireworks

Chapter VII (7) HEALTH AND SANITATION Article 1 Health Nuisances Article 2 Refuse Regulations Article 3 Sewer Regulations

Chapter VIII (8) PUBLIC OFFENSES Article 1 Uniform Public Offense Code Article 2 Supplementary Offenses

Chapter IX (9) STREETS, SIDEWALKS, AND PUBLIC PROPERTY Article 1 Street Regulations Article 2 Sidewalks Article 3 Curb Cuts Article 4 Consolidation Street and Highway Fund

Chapter X (10) TRAFFIC Article 1 Standard Traffic Ordinance Article 2 Additional Traffic Regulations

Chapter XI (11) UTILITIES Article 1 Water Service Article 2 Sewer Service

Chapter XII (12) TREES AND SHRUBS Article 1 Trees and Shrubs

Chapter XIII (13) ZONING Article 1 Zoning Article 2 Mobile Homes

Chapter XIV (14) FRANCHISES Article 1 Cable Television Article 2 Electric Article 3 Telephone Article 4 Sales Tax

Chapter XV (15) FLOODPLAIN Article 1 Statutory Authorization, Finding Facts, and Purposes Article 2 General Provisions Article 3 Administration Article 4 Provisions for Flood Hazard Reduction Article 5 Floodplain Management Variance Procedures Article 6 Penalties for Violation Article 7 Amendments Article 8 Definitions Article 9 Certificate of Adoption

CHAPTER I (1) ADMINSTRATION Article 1 City Elections Article 2 Governing Body Article 3 Officers and Employees Article 4 Oaths and Bonds Article 5 Municipal Court Article 6 Fire Department Organization Article 7 Recreation Commission Article 8 Capital Improvement Fund Article 9 Equipment Reserve Fund Article 10 Ambulance Service Organization

ARTICLE 1. CITY ELECTIONS

1-101 CITY ELECTIONS. WHEN HELD; OFFICERS ELECTED. (CHARTER ORD. 1, 1-6-76). On the first Tuesday in April of every odd numbered year there shall be an election for City Officers whose term has expired. Beginning April of 1977, the mayor and the two (2) councilmen receiving the highest number of votes shall be elected for a term of 4 years. The three (3) councilmen receiving the next highest number of votes shall be elected for a term of 2 years. Thereafter, all councilmen shall be elected for a term of 4 years. The place of holding city elections shall be in the city hall. The mayor and councilmen shall hold their office until their successors are elected and qualify.

1-102 VACANCY IN OFFICE. (K.S.A. 15-201) When a vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify within 30 days after the filing of his certificate of election, or otherwise, the president of the council for the time being shall exercise the office of mayor with all the rights, privileges, and jurisdiction of the mayor until such vacancy be filled. Or in case of temporary absence, until the mayor shall return. In case of such vacancy, other than temporary absence or disability, the person exercising the office of mayor shall become mayor until the next regular election for that office, and a vacancy shall occur in the office of the councilman becoming mayor, which vacancy will be filled as provided by Section 1-107.

1-103 ORDINANCE RELATION TO ELECTIONS. (K.S.A. 10-120) No notice of any election of any city officer shall be required. Notices of bond elections and any other questions submitted elections shall be held in the manner prescribed by the statutes of the State of Kansas.

1-104 NOMINATIONS. (K.S.A. 25-301 TO 25-308 AND KANSAS ELECTION MANUAL, CHAPTER 35) Nomination for city office shall be made in the manner prescribed by the statutes of the State of Kansas. 1-105 CONDUCT OF ELECTION; HOURS. (K.S.A. 25-106) The election shall be conducted in all respects as provided by the laws of Kansas governing the holding of city elections. The polls shall be open from 7 o’clock AM, to 7 o’clock PM, on the day of the election or as many otherwise be provided by law.

1-106 CANVASS OF RETURNS; CERTIFICATE OF ELECTIONS. (K.S.A. 25-3101) When the polls are closed and the ballots counted, the returns thereof shall be made to the count election officer and by him presented to the board of canvassers in the manner prescribed by the statutes of the State of Kansas.

1-107 VACANCY IN OFFICE OR CITY COUNCILMEN. (CHAPTER ORD. 1, 1-6-76) In case of a vacancy in the council, occurring by reason of resignation, death, or removal from office, or from the city, the mayor, by and with the advice and consent of the remaining councilmen shall appoint some suitable elector to fill the vacancy until the next election for that office. In case any person elected as councilman neglects, or refuses to qualify within 30 days after his election, he shall be deemed to have refused to accept such office, and a vacancy shall exist, and thereupon the mayor may, with the consent of the remaining councilmen, appoint some suitable elector to fill said vacancy.

ARTICLE 2. GOVERNING BODY

1-201 GOVERNING BODY DEFINED. (K.S.A 12-104) The term “Governing Body” as used in this code shall be defined to include the mayor and the members of the council of the city.

1-202 POWERS GENERALLY. (K.S.A 12-103) All powers conferred upon cities of the third class by the laws of the State of Kansas shall be exercised by the governing body subject to such limitations as may be prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and council of the city as the governing body of the city.

1-203 ORDIANCE POWERS. (ARTICLE 12 IN SECTION 5, KANSAS CONSTITUTION) The governing body shall have the care, management and control of the city and its finances, and shall have the power to enact, ordain, alter, modify or repeal any and all ordinances not repugnant to the Constitution and the laws of the State of Kansas and such as it shall deem expedient for the good order, the suppression of vice and immorality, the benefit of trade and commerce, the health of inhabitants thereof and such other ordinances, rules and regulations as may be necessary to carry such power into effect.

1-204 REGULAR MEETING OF COUNCIL. (K.S.A. 15-106 ORD. 339, 06/29/05) The city council shall have regular meetings on the second and fourth Monday of each month at the hour of 7 o’clock PM, and shall convene in the City Office Building, located at 121 N. Nelson St; provided, that when a day fixed for regular meetings shall fall on a holiday regularly observed in the city, the regular meeting of the council shall convene on the succeeding secular or business day at the appointed hour.

1-205 SPECIAL MEETINGS: CALLING: MINUTES. (K.S.A. 15-106) Special meetings of the council may be called by the mayor (or acting mayor in the absence of the mayor from the city) on the written request of any 3 members of the council, specifying the object and purpose of such meeting, which request shall be read at the meeting and entered at length on the journal by the city clerk. The call of the mayor for any such special meeting shall be endorsed upon the written request and shall specify the time and place of such meeting, and shall be filed with the city clerk. Thereupon, the city clerk shall give notice of such meeting to each member of the council.

1-206 ADJOURNED MEETING: TIME AND PLACE. (K.S.A. 15-106) Any regular or special meeting of the city council may be adjourned for the completion of its business at such subsequent time and place as the council may determine in the motion to adjourn.

1-207 QUORUM: ATTENDANCE OF MEMBERS. (K.S.A. 15-106) At all meetings of the city council, a majority of the councilmen elect shall constitute a quorum to do business, but any less number may adjourn form day to day and compel the attendance of absent members of the council by attachment issued in the name of the city and directed by the city marshal demanding him to arrest such absent members and bring them before the council.

1-208 PRESIDING OFFICER: MAYOR. (K.S.A. 15-301) The mayor shall preside at all meetings of the city council and shall be general supervision over the affairs of the city.

1-209 PRESIDENT OF COUNCIL: ELECTION: DUTIES. (K.S.A. 15-310, 311) The city council shall, at its first regular meeting in the month of May following any city election, elect one of its members as “President of the Council”. When any vacancy shall happen in the office of mayor, the president of the council for the time being shall exercise the office of mayor, and all the rights, privileges, and jurisdiction of the mayor, until such vacancy be filled at the next city election or until such disability be removed, or in the case of temporary absence, until the mayor shall return.

1-210 PRESIDENT OF COUNCIL: ACTING PRESIDENT. (K.S.A. 15-310) In the absence of the mayor, the present of the council shall preside at meetings of the city council. In the absence of the mayor and president of the council, the council shall elect one of its members to preside who shall be styled “Acting President of the Council”. The president of the council and acting president, when occupying the place of the mayor as presiding officer, shall have the same privileges as other members of the council.

1-211 ORDINANCES: CONSIDERATION: PASSAGE. (K.S.A. 122-3001, 3002) All ordinances of the city shall be considered at a public meeting of the governing body, except as otherwise provide by law. The vote on any ordinance shall be by “yeas” and Nays” which shall be entered on the journal by the city clerk. No ordinance shall be valid unless a majority of all members elect of the city council shall vote in favor thereof; provided, that where the number of favorable votes is one less than required, the mayor shall have power to cast the deciding vote in favor of the ordinance.

1-212 ORDINANCES: APPROVAL: VETO: PASSAGE OVER VETO. (K.S.A. 12-3003) The mayor shall have the power to sign or veto any ordinance passed by the council; provided, that ordinances on which he casts the deciding vote and appropriate ordinances, he shall have no veto and he shall sign such ordinance if he be present at the meeting and if he refuses or neglects to sign or be not present at the meeting, they shall take effect without his signature. Any ordinance vetoed by the mayor may be passed over the veto by a vote of ¾ of the whole number of councilmen elect notwithstanding the veto: provided, further, that if the mayor does not sign his approval of the ordinance or return the same with his veto stating his objection in writing on or before the next regular meeting of the council, the ordinance shall take effect without his signature. Such fact to be endorsed by the city clerk on the ordinance and at the end of the ordinance as entered into the ordinance book: provided, however, that the president of the council or acting president of the council shall have no power to sign or veto any ordinance.

1-213 ORDINANCES: STATEMENT AFTER LAST SECTION. (K.S.A 12-3003) After the last section of each ordinance there shall be a statement substantially as follows: “Passed by the council this day of ___, 20___”’ followed by “(Approved)(Signed) by the Mayor” with the signature of the mayor, or “Passed over the Mayor’s Veto” or “The Mayor not having Approved the Ordinance on or Before the Next Regular Meeting, Took Effect Without His Signature”; or in the case of appropriation ordinances where the mayor refuses or neglects to sign or is absent from the meeting, an appropriate statement. The city clerk shall attest the signature and affix the seal of the city thereto.

1-214 ORDINANCES: SUBJECT: TITLE: AMENDMENTS: ORDAINING CLAUSE. (K.S.A 12-3004, 3005) No ordinance shall contain more than one subject which shall be clearly expressed in its title; and no section or sections of an ordinance shall be amended unless the amending ordinance shall contain the entire section or sections as amended and the section or sections amended shall be repealed. The style of the ordaining clause of all ordinances shall be “Be It Ordained by the Governing Body of the City of Bennington”.

1-215 COMPENSATION FOR CERTAIN CITY OFFICIALS OF THE CITY. (ORD. 345, 07/12/06)

A. Mayor’s Salary a. $50 per month b. $15 per regular meeting c. $25 per special meeting d. $15 per non-council meeting

B. Council’s Salary (ORD. 362, 02/05/09) a. $25 per month b. $30 per regular meeting c. $50 per special meeting

ARTICLE 3. OFFICERS AND EMPLOYEES

1-301 OFFICERS: APPOINTMENT: REMOVAL. (K.S.A. 15-204) At the first regular meeting of the city council, in May of each year, the mayor with the consent of the council, may appoint the following city officers: a city clerk, a city treasurer, a municipal judge, a city marshal, a fire chief, a city attorney, and may appoint policemen, a street commissioner and a superintendent of utilities, and may retain a licensed professional engineer to act in the capacity of the city engineer for specifically defined duties. The duties and pay of the various officers provided for in this section shall be regulated by the governing body. A majority of all the members of the council may remove any such officer; or, for good cause, the may remove any such officer with the consent of the council.

1-302 CITY CLERK: DUTIES OF OFFICE. (K.S.A 10-804, 12-3008, 15-204, 54-101, 75-3042, 79-2934) The city clerk shall attend all meetings of the council and make and keep a record of all proceedings and meetings of the council in minute form entered in the journal of council proceedings. In the absence of the city clerk from any meeting, the presiding officer shall appoint a member of the council to keep an account of the proceedings and to report the same to the city clerk.

He shall carry on all the official correspondence of the city, giving the same prompt attention and shall present for the consideration of the mayor and council at each meeting all correspondence received and replies given by him.

He shall have charge of the corporate seal of the city and shall affix the same to the official copy of all ordinances deeds, contracts, and similar documents required to be authenticated, and shall be authorized to administer oaths for all purposes pertaining to the business and affairs of the city.

He shall receive and audit all claims against the city and shall present them for consideration of the council at its regular meeting each month, and shall prepare appropriations ordinances for the payment of all claims allowed by the council.

He shall draw warrants (warrants and checks) only when appropriations to pay claims against the city have been made by ordinance.

He shall be prepared to report to the council at its regular meeting each month in regard to the financial condition of the funds for the city so that governing body may not create debts nor authorize the issuance of warrants in violation of the budget law or cash basis law relating to the duties of city officers.

He shall keep a separate account of each fund of the city whether the funds be derived from taxation or otherwise, no money belonging to one fund shall be placed to the credit of another fund, levy shall constitute a separate fund, and income derived from other sources shall be credited to the proper fund of the city.

He shall render such assistance as may be required by the governing body in preparing the annual city budget, any ordinance for the levying of taxes, and shall certify the same to the county clerk in the form and manner required by law together with a copy of the budget: provided, that a copy of the budget shall be filed with the State Department of Post Audit.

He shall keep a fully accurate account of all bonds issued by the city, recording them in the book by date, number, amount thereof, rate of interest, number of each coupon, amount of each, to whom payable, where payable and when cancelled upon return of the same to the city.

He shall keep a record of all special assessments made by the city council for any purpose and shall certify said assessments to the county clerk for collection and payment in the manner provided by law.

The city clerk shall act as the withholding agent of the city for the purpose of the federal revenue (income) act as authorized by section 75-3042 of the Kansas Statutes Annotated, and shall receive from each officer or employee of the city the withholding certificate required by virtue of said revenue act.

He shall maintain a suitable record of the sums so withheld from the wages and salaries and remit the same to the Director of Internal Revenue at such times and in such form as may be required by the regulations.

1-303 ORDINANCES: DUTIES OF CITY CLERK. (K.S.A. 12-3006 – 3008) A. After an ordinance shall have been passed, the city clerk shall assign to it a number. Appropriation ordinances may be numbered in a separate series. B. He shall cause all ordinances, except appropriation ordinances, as soon as practicable after they have been passed and signed, passed over the mayor’s veto or take effect without his signature, to be published once in the official city newspaper, unless a statute requires more publications. C. He shall keep an “ordinance book” in which shall be entered at length in plain and distinct handwriting or type writing or printed copy, a copy of every ordinance immediately after its publication, or in the case of appropriation ordinances, immediately after passage: provided, that if the ordinance book be loose-leaf book, the original ordinance typed on paper designed for the purpose may be inserted therein. Appropriation ordinances may be entered in a separate ordinance book. D. He shall append at the end of each ordinance entered in the ordinance book a certificate substantially as follows: “I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said ordinance was passed on the ___day of ___, 20___; that the record of the final vote on its passage is found on page ___of Journal___, that it was published in the (name of newspaper) on the ___day of ___, 20___”.

1-304 CITY TREASURER: DUTIES OF OFFICE. (K.S.A. 9-1401, 1403, 10-801 TO 809, 10-1118, 12-1608, 15-414) A. The city treasurer shall receive and safely keep money belonging to the city coming to him by virtue of his office, giving his receipt therefore and for all money received by him for any other source than the city clerk, he shall give duplicate receipts causing one of them to be filed with the city clerk, and shall keep a copy thereof in his own office. B. He shall keep proper records and accounts of all money received and disbursed by him from any source and funds in behalf of the city specifying the time of receipt and disbursements, from whom received and whom disbursed on account of the city. C. He shall publish or cause to be published a quarterly financial statement of the city in the manner and style required by section 12-1608 of the Kansas Statues Annotated. D. He shall deposit all funds of the city coming into his hands in his official capacity of responsibility in a depository bank or bank within the city and only after the same has been designated by the governing body and after the depository bank shall have given security in those instances when a depository of public money must give security. All such deposits shall be made in his name and in his official title as treasurer of the City of Bennington. E. He shall pay out funds of the city upon warrants (or warrants and checks) properly signed by the mayor, attested by the city clerk and countersigned by him. He shall cancel all warrants as soon as paid, and in canceling paid warrants, he shall write across the face of such warrant the word “paid” in red ink and sign the same: provided, that in case a combination warrant and check is used and such warrant is stamped by a depository bank of the city, the said endorsement of the treasurer shall not be required.

1-305 CITY MARSHAL: ASSISTANT MARSHAL: DUTIES OF OFFICERS. (K.S.A. 15- 204) A. The city marshal shall be chief of police, and shall at all times by day or by night have power to make arrests with process issued by the municipal judge, or without process on view of any offense against the laws of the State of Kansas or ordinances of the city, or to order the arrest under proper process of all offenders against said laws or ordinances, to keep all persons so arrested in the city prison, county jail or other proper place, to prevent their escape until their trail can be had before the proper officer; and to execute all processes issued by the municipal judge and delivered to him for that purpose. B. The assistant marshal (when appointed) shall have the same powers conferred upon the marshal. The policemen of the city (when appointed). In the discharge of their duties shall be subject only to the orders of the city marshal as chief of police. C. It shall be the general duty of the marshals and police officers of the city at all times to the best of their ability to preserve good order, peace and quiet throughout the city as provided by law or ordinance. All persons arrested for violation of any law of the state and who shall not be charged with an offense under an ordinance for the city shall be released to the custody of the sheriff of the county and such arrest shall be reported to the county attorney. The city marshal shall make a written report of all arrests made by him, the assistant marshal or policemen of the city.

1-306 STREET COMMISSIONER: DUTIES. (K.S.A 15-204) It shall be the duty of the street commissioner to have supervision of keeping in repair all streets, alleys and public thoroughfares of the city. He shall have such other duties as may be prescribed by ordinance or as authorized and directed by the city council.

1-307 SUPERINTENDENT OF UTILITIES. (K.S.A 15-204) The office of superintendent of utilities is hereby established. The superintendent of utilities shall have the charge, care and operations of the waterworks system, sewer system, and sewage disposal system, and the tools, equipment and machinery used in connection with such systems. He shall have such other duties as may be prescribed by ordinance or as authorized by the governing body.

1-308 APPOINTIVE OFFICERS: GENERAL DUTIES. (K.S.A 15-204) The foregoing provisions for this article shall not be construed to limit the duties of the city officers therein names and they shall have additional duties as may be required by the mayor and the council for the general operation and maintenance of the city water and sewage plants and maintenance of city streets, alleys and public grounds. The city council may create other city offices as the city may require hereafter and may abolish any office herein established which shall not have been created by the laws of the State of Kansas for cities of the third class. The same person may be appointed to any one or more appointive offices, except that the same person shall not be appointed to incompatible offices.

1-309 SALARIES PRORATED. (K.S.A. 15-204) Salaries may be charged to the several departments served and where an officer or employee serves two or more departments his salary may be prorated between the proper funds of the several offices as the governing body shall direct.

1-310 EMPLOYEES: VACATIONS. After 1 year of service, each full time employee is entitled to 1 week vacation per year. Employees may not accrue vacation time from one year to the next. Employees may be paid vacation pay in lieu of taking such vacation, at the discretion of the governing body.

ARTICLE 4. OATHS AND BONDS

1-401 OFFICERS: OATHS REQUIRED. (K.S.A 54-106) All officers of the City of Bennington, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall, before, entering upon the duties of their respective offices, take and subscribe an oath of affirmation as follows: “I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the State of Kansas and faithfully discharge the duties of _____ (name of office). So help me God”.

1-402 OATHS FIELD. All officers and employees required by Section 1-401 of this article to take and subscribe or sign an oath or affirmation shall be supplied the necessary forms for the purpose at the expense of the city and upon taking and subscribing or signing any such oath or affirmations, the same shall be filed in the office of the city clerk.

1-403 BONDS REQUIRED. The council may require all city officers elected or appointed to give bonds and security for the faithful performance of their duties.

1-404 PREMIUMS. (K.S.A. 78-111) The premiums on all surety bonds required by this article shall be paid as a claim against the city.

1-405 ISSUANCE OF GENERAL OBLIGATION BONDS. (ORD. 382, 11/22/12) An ordinance authorizing and providing for the issuance of general obligation bonds, series 2012, of the City of Benning; Providing for the levy and collection of an annual tax for the purpose of paying the principal of and interest on said bonds as they become due; Authorizing certain other documents and actions in connection therewith; and making certain covenants with respect thereto.

WHEREAS, the City of Bennington, Kansas (the ”City”) is a city of the third class, duly created, organized and existing under the constitution and laws of the State; and

WHEREAS, pursuant to K.S.A. 12-631a, as amended, and other provisions of the laws of the State of Kansas applicable thereto, by proceedings duly had, the governing body of the City has authorized the following improvements (the “Improvements”) to be made in the City, to wit:

Project Description Res. No. Authority (K.S.A.) Amount Public water supply Improvements including valve 2012-10 12-631a $38,597.42 Replacements and related Improvements main traffic way 2012-12 12-685 es seq. $39,500.00 Improvements; and WHEREAS, all legal requirements pertaining to the Improvements have been complied with, and the governing body of the City now finds and determines that the total cost of the Improvements and related expenses are at least $77,000, with all of said cost to be paid by the City with the issuance of general obligation bonds; and

WHEREAS, the governing body of the City is authorized by law to issue general obligation bonds of the City to pay the costs of the Improvements; and

WHEREAS, none of such general obligation bonds heretofore authorized have been issued and the City proposes to issue $77,000 of its general obligation bonds to pay the cost of the Improvements.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BENNINGTON, KS, AS FOLLOWS:

Section 1. Definitions of Words and Terms. In addition to words and terms defined elsewhere herein, the following words and terms in this Ordinance shall have the meanings hereinafter set forth. Unless the context shall otherwise indicate, words importing the singular number shall include the plural and vice versa, and words importing persons shall include firms, associations and corporations, including public bodies as well as natural persons.

Act – the Constitution and statutes of the State including K.S.A. 10-101 to 10- 125, inclusive, K.S.A. 10-620 et seq., and K.S.A 12-631a, all as amended and supplemented from time to time.

Bond and Interest Fund – the Bond and Interest Fund of the City for its general obligation bonds.

Bond Resolution – the resolution to be adopted by the governing body of the City prescribing the term and details of the Bonds and making covenants with respect thereto.

Bonds – the City’s General Obligation Bonds, Series 2012, dated November 27, 2012, authorized by this Ordinance.

City – the City of Bennington, Kansas

Clerk – the duly appointed and acting Clerk of the City or, in the Clerk’s absence, the duly appointed Deputy Clerk or Acting Clerk.

Improvements – the improvements referred to in the preamble to this Ordinance and any Substitute Improvements.

Mayor – the duly elected and acting Mayor of the City or, in the Mayor’s absence, the duly appointed and/or elected Vice mayor or Acting Mayor of the City.

Ordinance – this Ordinance authorizing the issuance of the Bonds

State – the State of Kansas

Substitute Improvements – the substitute or additional improvements of the city authorized in the manner set forth in the Bond Resolution.

Section 2. Authorization of the bonds. There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series 2012, of the City in the principal amount of $77,000, for the purpose of providing funds to: (a) pay the cost of the Improvements; and (b) pay cost of the principal of the interest on the Bonds as the same become due.

Section 3. Security for the Bonds. The Bonds shall be general obligations of the City payable as to both principal and interest from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City and hereby irrevocably pledge for the prompt payment of the principal of and interest on the Bonds as the same become due.

Section 4. Terms, Details and conditions of the Bonds. The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in the Bond Resolution hereafter adopted by the governing body of the City.

Section 5. Levy and Collection of Annual Tax. The governing body of the City shall annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same become due by the levying and collecting the necessary taxes upon all of the taxable property within the City in the manner provided by law.

The taxes above referred to shall be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time and in the same manner as the general ad valorem taxes of the City are levied and collected, shall be used solely for the payment of the principal of and interest on the Bonds as and when the same become due and fees and expenses of the Paying Agent. The proceeds derived from said taxes shall be deposited in the Bond and Interest Fund.

If at any time said taxes are not collected in time to pay the principal of or interest on the Bonds when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of the City and to reimburse said general funds for money so expended when said taxes are collected.

Section 6. Further Authority. The Mayor, Clerk and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of the Ordinance, and to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.

Section 7. Governing Law. This Ordinance and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State.

Section 8. Effective Date. The Ordinance shall take effect and be in full force from and after its passage by the governing body of the City, approval by the Mayor and publication in the official City newspaper.

ARTICLE 5. MUNICIPAL COURT

1-501 JURISDICTION. (K.S.A. 12-4102) The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the City of Bennington.

1-502 MUNICIPAL JUDGE. (K.S.A. 12-4105; 15-1601) The municipal court shall be presided over by a municipal judge. The judge shall be selected in the manner provided be statute. The person so selected shall be a citizen of the United States and at least 18 years of age. The municipal judge shall receive a monthly or annual salary set by ordinance.

1-503 COURT ROOM: COURT SUPPLIES. (K.S.A. 12-4609) The city council shall provide a suitable room or office for the municipal judge, at the expense of the city, and shall furnish the municipal judge with a suitable docket, an ordinance book and other law books that may be required and such forms, files, and supplies as may be needed by the municipal court. The municipal judge shall deliver said docket and all books and papers pertaining to his office to his successor.

1-504 COURT SESSIONS. (K.S.A. 12-4103) The municipal judge shall hold his court in the municipal court room and his court shall be open as the business thereof may require, except Sunday and holidays.

1-505 COURT DOCKET. (K.S.A. 12-4106) The municipal judge shall keep a docket in which he shall enter every cause brought before him as municipal judge. The municipal judge shall state in his docket the names of the accused person, the name of the complainant, the nature of character of the offense, the date of the trial, the name of all witnesses, the findings of the court, the judgement entered, the amount of costs, the date of payment, and discharged of the defendant, the date of issuing a commitment, if any, and every other fact necessary to show the full proceedings in each case.

1-506 MUNICIPAL JUDGE: POWERS AND DUTIES (K.S.A. 12-4106) The municipal judge shall have the powers and duties as set forth in the statutes of the State of Kansas.

1-507 PRODECURE. (K.S.A. 12-4103) The procedure of the municipal court, except as otherwise provided, shall be in any manner consistent with applicable law.

1-508 COURT COST. (K.S.A. 12-4112) No person shall be assessed costs for the administration of justice in any municipal court case, except for witness fees and mileage.

1-509 PAYMENT OF FINE AND COSTS. (K.S.A. 12-4103) Whenever any fine or penalty shall be assessed against any person for a violation of any ordinance of the city, such fine or penalty shall be collected in the following manner: All costs arising from prosecution shall be paid to the municipal be collected in the following manner: All costs arising from prosecution shall be paid to the municipal judge and said judge shall not directly or indirectly pay any of such costs to any marshal or policeman of the city, and the fine or penalty assessed against the person as punishment for such violation, other than costs shall be, by the person against whom such fined or penalty is assessed, paid to the city treasurer, who shall, upon the receipt of such fine or penalty, give the person so paying the same a receipt therefore, which receipt shall be, by the person receiving the same, filed with the municipal judge, and said judge shall deposit and file such receipt with the papers of the case and make an entry thereof in his docket: Provided, that when such fine or penalty has been so paid, and receipt thereof delivered to the judge, it shall be the duty of the judge to discharge such person from custody.

1-510 WORKING OUT FINES AND COSTS: HOURS OF LABOR: COMPENSATION. (K.S.A 22-4603) Whenever any person shall be convicted in the municipal court of any offense against any ordinance of the city, and be adjudged to pay a fine and such person shall fail to pay such fine and costs of prosecution, or to secure payment of the same to the satisfaction of the municipal judge, and shall be committed to jail in default thereof, and while in custody may be compelled unless such person be physically unable to work, to work at hard labor on the streets, alleys, avenues, areas and public grounds of the city, until such fine and costs are paid. Such person may be compelled to work 8 hours per day and for each day’s work performed by him, shall be credited with $5 on the judgement against him and when the judgment and costs are satisfied by such work shall be discharged from custody: Provided, that a good time allowance of 20% of his sentence shall be made to any prisoner working on the streets, alleys, avenues, areas and public grounds of the city, who shall perform his duties faithfully, and final judgement as to his earnings of good time shall lie with the judge.

1-511 POLICE DUTIES. (K.S.A. 15-204) Police officers while on duty shall devote their time and attention to their respective duties according to the ordinances of the city and the laws of Kansas. It shall be their general duty at all times to the best of their ability to preserve good order, peace, and quiet and to enforce the city ordinances and the laws of Kansas throughout the city. It shall be their further duty to arrest all persons found at any time, day or night, in the act of violating any such ordinance or law or aiding or abetting any such violation. They shall make complaint against any and every person so arrested and shall cause such person to be brought to trial.

ARTICLE 6. FIRE DEPARTMENT ORGANIZATION

1-601 VOLUNTEER FIRE DEPARTMENT ESTABLISED. (K.S.A 15-204; 15-1601) There is hereby established a volunteer fire department, which shall consist of a chief, appointed by the council, and assistant chief, and not less than 10 nor more than 15 men per company. There shall be a total of 2 companies as follows: One company to be known as the City Company and one company to be known as the Rural Company.

1-602 ASSISTANT CHIEF: FIREMEN: APPOINTMENT. The chief of the fire department shall appoint the assistant chief, and the firemen, and all appointments shall be confirmed by the council.

1-603 FIRE EQUIPIMENT: FIRE CHIEF. The chief of the fire department, under the direction of the mayor, shall have complete control of the fire department and firefighting equipment. The chief shall be responsible for the proper organization, training, discipline and functioning of the fire department. The chief shall be responsible for proper care and safety of the fire department equipment.

1-604 ASSISTANT CHIEF: DUTIES. In the absence of the chief, the assistant chief shall have all the powers and perform the duties of the chief.

1-605 FIREMEN: ATTENDENCE: DUTIES. Any officer or firemen who refuses or neglects to attend any fire or practice drill without adequate reason, or who shall fail to do his duty, or who shall fail to obey orders, or who shall leave his duty post during fire may be fined the amount of his compensations for answering the alarm, or be expelled from the department.

1-606 CHIEF MAY REQUIRE BY STANDES TO HELP. The chief is hereby authorized to call for assistance from bystanders present at any fire. Any person who shall refuse or neglect to follow orders in firefighting shall, upon conviction thereof, be fined in any amount not less than $10 nor more than $200.

1-607 FIRE DRILLS. It shall be the duty of the chief of the fire department after due notice to hold a practice drill of not less than 2 hours at least once every month during good weather for the fire department of the city. It shall be the duty of each member of the fire department to attend all of the practice drills the same as all fire alarms.

1-608 REPORTS AND RECORDS. It shall be the duty of the chief to keep or cause to be kept an accurate list of all equipment belonging to such fire department, to maintain accurate records of fire alarms, practice drills and the attendance at the same, time and location of fires, construction of buildings, owner or occupancy, how fire extinguished, value of building and contents insurance on buildings and contents to make all reports required by law of the chief of the fire department, or as delegated by the chief to the fireman’s secretary.

1-609 FIREMEN’S RELIEF ASSOCIATION. The members of the fire department shall organize themselves into a firemen’s relief association and become incorporated under the laws of the State of Kansas as provided in article 17 of chapter 17 of the Kansas Statutes Annotated, in order that the members thereof may have the benefits provided for in said sections.

1-610 SALARIES. (K.S.A. 15-1601) The chief, assistant chief and each fireman shall receive such salary as established by the resolution of the Council.

1-611 CITY COMPANY. The City Company and city equipment shall respond to alarms within the city.

1-612 RURAL COMPANY. The Rural Company will respond to alarms in accordance with an agreement made with the City of Bennington and the rural fire department.

ARTICLE 7. RECREATION COMMISSION

1-701 ESTABLISHED RECREATION SYSTEM. There shall be established, maintained and conducted a supervised recreation system for the City of Bennington, Kansas.

1-702 RECREATION COMMISSION. The recreation commission, consisting of 5 members shall be vested with the powers, duties and obligations necessary for the conduction of such recreation system, the members of which shall serve without pay and shall be appointed as provided in Kansas Statutes Annotated, Chapter 12, and Article 19.

1-703 ADMINISTRATION AND DISBURSEMENTS. Said commission shall be empowered to administer in all respects the business and affairs of the recreation system and that all disbursements made by said commission shall be paid by voucher and the claims paid by such commission shall be duly verified.

1-704 PROMULGATING RULES. The commission shall promulgate rules in connection with the recreation system and shall have all authority granted by Kansas Statutes Annotated, Chapter 12, Article 19.

ARTICLE 8. CAPITAL IMPROVEMENTS FUND (ORD. 266, 08/25/93)

1-801 FUND ESTABLISHED. In accordance with the provisions of K.S.A 12-1, 118 of the Kansas Statutes Annotated, there is hereby established a municipal capital improvements fund, which shall be used by the city to finance, in whole or in part, any public improvement need set forth in the city’s capital improvement plan.

1-802 POLICY OBJECTIVE. It is the policy objective of the Governing Body that such capital improvements fund shall be used as a financing mechanism for the repair, restoration and rehabilitation of existing public facilities. It is the further intent of the Governing Body to utilize current revenues to be credited to the fund, to the maximum extent possible to meet the city’s present and future public infrastructure needs and to avoid the costs of unnecessary indebtedness.

1-803 USE FOR STUDIES. Moneys in such fund may be used to apply the cost of engineering and other advanced public improvement plans and studies, with the fund periodically reimbursed from fund proceeds, special assessments or state or federal aid that may be available for the completed project.

1-804 PLAN OF OPERATION. (A) The city clerk shall submit to the governing body a plan of operation for the implementation of the ordinance. Said plan of the operation shall by submitted at the same time that the proposed budget is submitted and shall include a 5 year outline of proposed capital improvements and a proposed means to finance those improvements.

1-805 INVESTING. Money sin the capital improvements fund shall be invested in accordance with the provisions of K.S.A 10-131 and amendments thereto, with interest earnings credited to such fund.

ARTICLE 9. EQUIPMENT RESERVE FUND (ORD. 265, 08/25/93)

1-901 FUND ESTABLISHED. In accordance with the provisions of K.S.A. 12-1, 117, there is hereby established a municipal equipment reserve fund, which shall be used by the city to finance the acquisition of equipment necessary for the performance of various functions and services of the city. For the purpose of this ordinance, the word equipment shall mean machinery, vehicles and other equipment or personal property which has an estimated future purchase or replacement cost in excess of $2,000 and a life expectancy of not less than 3 years.

1-902 POLICY OBJECTIVE. It is the policy objective of the Governing Body that such equipment reserve fund shall be used as a financing mechanism to secure the planned and orderly acquisition and replacement of equipment necessary for the efficient and effective operation of the city. It is further intent of the Governing Body to annually approve in the future the budgeting of current revenues sufficient: A. To finance the acquisition of new equipment needed in the following year. B. To finance needed future replacements and acquisitions by setting aside a reserve amount.

1-903 PLAN OF OPERATION. The city clerk shall annually submit, at the same time the proposed annual budget is submitted a proposed equipment acquisition program for each of the following 5 years. The proposed annual budget shall include a transfer of 1/3 of the unencumbered balance left in the general fund from the year before to the equipment fun for the each budget year until a ceiling of $30,000 is reached. When the fund reaches its maximum required status, no further funds are to be transferred. Should the city expend any portion of the equipment fund to reduce it below the maximum required status, the city shall transfer from the general fund to the equipment fund, in the manner described above, to bring it once again to the required status, as long as the general fund has the funds budgeted for transfer.

1-904 INVESTING. Moneys in the equipment reserve fund shall be invested in accordance with the provisions of K.S.A. 10-131 and amendments thereto, with interest earnings credited to such fund.

ARTICLE 10. AMBULANCE SERVICE ORGANIZATION (ORD. 274, 08/10/94)

1-1001 VOLUNTEER AMBULANCE SERVICE ESTABLISHED. There is hereby established a volunteer ambulance service, which shall consist of a director, appointed by the mayor and approved by the city council, an assistant director, an advisory council and emergency medical technicians and first responders sufficient to meet the emergency medical needs of the service area.

1-1002 DIRECTOR: APPOINTMENT AND DUTIES. The director of the ambulance service, under the direction of the advisory council, shall have complete control of the ambulance service. The director shall be responsible for the proper organization, training, discipline and functioning of the ambulance service.  It shall be the duty of the director to maintain the vehicles, equipment and records necessary to gain the annual licenses as required by the Kansas Board of Emergency Medical Services.  It shall be the duty of the director to organize the ambulance service in a manner to meet the present and future requirements of the Kansas Board of Emergency Medical Services.  The director shall have the authority to make purchase as the advisory council directs.

1-1003 ASSISTANT DIRECTOR: APPOINTMENT AND DUTIES. The director of the ambulance service shall appoint the assistant director. In the absence of the director, the assistant director shall have all the powers and perform the duties of the director. The assistant director shall be an ex-officio member of the advisory council.

1-1004 ADVISORY COUNCIL: APPOINTMENT AND DUTIES. An advisory council shall be established consisting of 5 members, including the assistant director. Members of the advisory council shall be appointed by the director. The advisory council shall meet at the call of the assistant director, not less than 4 times a year.  The advisory council shall develop by-laws and policies, procedures, and protocols necessary for the organization of the ambulance service. The advisory council shall appoint all emergency medical technicians and first responders.

1-1005 SALARIES. The director, assistant director, emergency medical technicians and first responders shall receive such salary as established by the advisory council.

CHAPTER II. ANIMALS AND FOWL

Article 1 Animals Article 2 Dogs and Cats

ARTICLE 1. ANIMALS

2-101 DEFINITIONS. 1. Animals – means all vertebrate and invertebrate animals such as, but not limited to, bovine cattle, horses and other equines, hogs, goats, dogs, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons and other fowl or wild animals, reptiles, fish, bees, or birds that have been tamed, domesticated or captivated. 2. At-large (ORD. 321, 06/12/02) – means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be “At-large.” 3. Cat – means any member of the species felis catus, regardless of sex. 4. Dog – means any member of the species canis familiars, regardless of sex.

2-102 ANIMALS AT LARGE PROHIBITED. No person, firm or corporation shall permit any animal to run at large within the corporate limits of this city.

2-103 ANIMAL CONTROL OFFICER; DUTY TO IMPOUND; CITATION ALERNATIVE: A. There is hereby create3d the position of animal control officer for the city and such officer shall be charged with the enforcement of this ordinance. Any person employed by the city as an animal control officer shall have such powers and authority as allowed by the law in the enforcement of this ordinance. All animal control officers shall be subjected to the supervision and direction of the mayor of the city. B. Except as provided in the subsection ©, it shall be the duty of the animal control officer to take up and impound all animals found in the city in violation of the provisions of this ordinance. C. As an alternative to the provisions of subsection (b) of this section, any law enforcement officer or the animal control officer may issue a citation to the owner, harbored or keeper of an animal in violation of this chapter, and the person receiving the citation shall appear in municipal court of the city to answer the charged violation. Said citation, when signed by a control officer, need not to be subscribed before the municipal judge.

2-104 SAME; CAPTURED/DESTRUCTION. When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such offices and/or their agents may: A. Place a humane trap on public or a requesting resident’s property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city. B. Use firearms or other suitable weapons to destroy and rabid animal, any vicious animal or any animal creating a nuisance, when such animal is impossible or impractical to catch

2-105 MUNICIPAL POUND ESTABLISHED. A municipal pound shall be established to carry out the provisions of this chapter. Such a pound may be operated by a contractor and all services required herein may be provided by a contractor.

2-106 BREAKING POUND. A. It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal place therein, or take or attempt to take from an authorized officer of this city any animal taken up by him or her under the provisions of this chapter, or in any manner interfere with or hinder nay authorized officer or employee of this city in catching, taking up or impounding any animal. B. It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed or interfere in any way with the care of impounded animals.

2-107 REDEEMING BY OWNER. If the owner of any animal shall apply for or pay the animal control officer the costs, charges and expenses incurred under the provisions of this ordinance and prove the ownership thereof to the satisfaction of the animal control officer at any time before the sale of such animal, the animal control officer shall release such animal to the owner.

2-108 IMPOUNDMENT; FEE; NOTICE; RECORD. A. The animal control officer or law enforcement officer shall impound any animal or fowl found at large in the city or constituting a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon as reasonably possible. B. The city shall be entitled to receive from such owner a fine in the amount of $15 for impounding for the first offense, plus the cost of keeping the animal; $25 impound fee for the second offense plus the cost of keeping the animal and $35 impounding fee for the third and each subsequent offense thereafter plus the cost of keeping the animal. C. In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal control officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within 5 business days from the date of the notice, that the animal will be disposed of or sold.

2-109 CRUELTY TO ANIMALS. Cruelty to animals, as defined and prohibited by Section 21-4310 of the Kansas Statutes Annotated, is hereby prohibited within the city.

2-110 PERMIT REQUIRED. It shall be unlawful to any person to keep or maintain any hogs, pigs, swine, horses, cattle, sheep or goats and any other farm animals, and fowl and rabbits within the corporate limits of the city, without first obtaining a permit therefore from the governing body of said city.

2-111 OBTAINING PERMIT. Any person desiring to keep or pasture any hogs, swine, horses, cattle, sheep or goats or any other farm animals, and fowl and rabbits, within the city, shall file an application with the city clerk for permission therefore and the city clerk shall thereupon deliver said application to the animal control officer who shall check the place that said animals are to be kept or shall have the same checked by a designated employee and shall make recommendations to the governing body with said application at the next regular meeting. That if the governing body finds that the keeping of said livestock as set out in the application and the manner of the keeping of the same shall not be offensive, or a nuisance or unsanitary, they shall issue a permit thereof and supply therein the conditions and manner in which such livestock may be kept on the location set out in the application.

2-112 PERMIT DENIED; PERIOD TO REMOVE ANIMALS. That if a permit is denied, a person having livestock shall remove the same from said city within 10 days after notice has been given to them that their permit has been denied.

2-113 PERMIT EVOKED; RIGHT TO A HEARING. If at any time the animal control officer shall find that any person to whom a permit has been issued for the keeping of livestock is keeping the same in an offensive or unsanitary manner, or detrimental to the health of the people in the neighborhood or the people of the city, he shall revoke the permit issued to said person, but no such permit shall be revoked until after a 10 day notice of revocation is given to the person holding such permit. Said notice shall give the party an opportunity for a hearing before the city council in which the party may appear.

2-114 PICKETING UPON STREET AND PUBLIC GROUND PROHIBITED. No person shall cause or permit any animal to be picketed upon any public street or alley or upon any public grounds within the city.

2-115 DEFINITIONS: “Vicious animal” as used in this ordinance shall mean and include. A. Any animal which by virtue of its breeding, training, characteristics, behavior or other factors the owner or custodian thereof knows or has reason to know has a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of humans, dogs, cats, and other domestic animals; B. All poisonous animals including rear-fang snakes; C. Any warm blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to nonhuman primate, raccoons, skunks, foxes and wild or exotic cats).

2-116 OWNERSHIP OF CERTAIN VICIOUS ANIMALS PROHIBTED. It shall be unlawful to keep, harbor, own or in any way possess within the city, any vicious animal which either. A. Attempts to attack, bit or otherwise do bodily harm to a human, dog, car or other domestic animal; or B. Attacks, bites, or otherwise does bodily harm to a human, dog, cat or other domestic animal.

2-117 PUBLIC NUISANCES. Any person harboring any animal in such a way as to create a nuisance shall be deemed guilty of maintaining a public nuisance.

2-118 PENALTY. A person who has been convicted of violation of Section 2-116 may be sentenced to a fixed term of confinement in the county jail not to exceed 30 days. In addition to or instead of confinement, any such person may be sentenced by the court to pay a fine not exceeding $500. Any person convicted of violation of Section 2-116 also may be ordered by the court to make full or partial restitution to any individual who has suffered bodily injury or injury to any of their dogs, cats and other domestic animals as the result of an attack by such persons’ vicious animal.

2-119 DISPOITON OF CERTAIN VICIOUS ANIMALS. A. Any public health officer, law enforcement officer or licensed veterinarian, or any officer or agent of a duty incorporated humane society, may take into custody any animal suspected of being kept by its owner or custodian in violation of Section 2-116. When a law enforcement agency takes custody of such animal, the agency may place the animal in the care of a duly incorporated humane society or licensed veterinarian for boarding, treatment or such other case deemed necessary. B. Any vicious animal kept in violation of Section 2-116 may be ordered by the court destroyed in a humane manner when, in the court’s judgement, such vicious animal represents a continuing threat of serious harm to human, dogs, cats, and other domestic animals. If the court does not order destruction of the animal, the court shall allow the owner or custodian thereof no more than 48 hours to remove the animal from the city. Failure to remove such animal within the time allowed by the court shall constitute a separate violation of Section 2-116. C. Any person convicted of a violation of Section 2-116 shall be assessed as costs all expenses for the care, treatment, boarding or other expenses necessitated by the seizure of any animal for the protection of the public, including all expenses for the humane destruction of such animal by order of the court.

2-120 ANIMAL PENS AS NUISANCES. No person or persons shall keep or use any year, pen, lot of place on his or her premises, or premises under his or her control, within the city, in or upon which any number of dogs or other animals may be kept in such manner as to constitute a public nuisance or to endanger the health of the inhabitants of the city.

ARTICLE 2: DOGS AND CATS

2-201 REGISTRATION AND VACCINATION REQUIRED; FEE. (ORD. 327, 12/23/02) A. Every owner of any dog or cat over 4 months of age shall annually register with the city clerk his or her name and address with the name, sex, and description of each dog or cat owned and kept within the city. It shall be unlawful for the owner of any newly acquired dog or cat or any dog or cat brought in the city to fail to register such animal within 30 days from acquisition or brining the dog or cat into the city. It shall be unlawful for the owner of any previously register dog or cat to fail to maintain current registration of such dog or cat. B. Upon registration, the owner shall present a current completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of nay dog or cat over 4 months of age to fail to maintain effective rabies immunization of such dog or cat. C. The owner or harbored of any dog or cat shall, at the time of registering such dog or cat, present to the city clerk a certificate from an accredited veterinarian showing that the male dog or cat has been neutered or a female dog or cat has been spayed, if the dog or cat has been neutered or spayed. D. The city clerk shall collect an annual registration fee of $3 for each dog or cat. E. The registration year shall be from January 1st through December 31st of each year. The fee shall be payable before March 1st of each year without penalty.

Every owner or harbor of dogs or cats who shall fail to register the same within 60 days after the first of the year or within 30 days of the dog or cat reaching 4 months of age or within 30 days of the acquisition of a dog or cat who is 4 months of age or older shall pay, in addition to the registration fee, $1 per week.

2-202 DOG OR CAT TAGS. It shall be the duty of the city clerk or designated agent, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs or cats, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefore, and shall deliver to the owner or keeper of the dog or cat a certificate, in writing, stating that the person has registered the dog or cat and the number with the registration number and the registration year thereon, which shall be, the owner or keeper attached to the collar to be used on the dog or cat so registered. When any tag has become lost during a registration period, the owner of the dog or cat may request a duplicate tag for the remainder of the registration period. When so requested, the city clerk shall, upon presentation of the registration certificate, issue a duplicate for such tag upon the payment of $1 fee. It shall be unlawful for any person to take off or remove the city registration tag from any dog or cat belonging to another, or remove the strap or collar on which the same is fastened. Any dog or cat failing to display a current tag shall be impounded.

2-203 RUNNING AT LARGE; IMPOUNDMENT. (ORD. 335, 11/20/03) it shall be unlawful for the owner or harbor of any dog to permit such dog to run at large within the city at any time. It shall be lawful for any city police officer or others duly delegated by the city council to pursue and capture such dog so running at large, or to kill such dog if he or she cannot otherwise capture such dog so running at large. Provided, that no such dog shall be held to be running at large when such dog is upon a leash or lead, of the owner or other authorized person capable of retraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be “At-large.” In addition to the above any dog running at large shall also be subject to the provisions of 2-108.

2-204 IMPOUNDMENT A. Any dog or cat impounded may not be released without a current rabies vaccination and a current tag if the dog or cat is required to have a tag. B. Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this article for violation of any of the provisions thereof, not shall impoundment be a defense in any prosecution commenced hereunder. C. The redemption of any dog or cat impounded for a violation of any provision of this chapter shall be prima facie evidence of the violation of such provision by the person redeeming the dog.

2-205 DISPOSITION OF UNCLAIMED DOGS. if any dog or cat is not redeemed by its owner or harbor within the time allowed for redemption, the animal control officer, any authorized law enforcement office, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or cat or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year.

2-206 ABANDONING ANIMALS UNLAWFUL. It shall be unlawful for any person to bring within the city limits any dog or cat and abandon the same and allow them to run at large in the streets, alleys and public places in the city.

2-207 BARKING DOGS PROHIBITED. No person shall own, keep or harbor any dog which by loud, frequent and habitual barking, howling, or yowling shall annoy or disturb any neighborhood or person in the city.

2-208 DOD AND CAT KENNELS. (ORD. 319, 12/12/01) any person who shall desire to keep dogs or cats for breeding, raising, or commercial purposes or who shall have more than a combined total of 4 dogs and/or cats, shall make an application to the city council for a kennel permit. A. Such application shall state the name of the person so desiring to keep such dogs and/or cats, the location of the premises where the kennels are to be maintained, a statement that a permit, if issued, may be revoked if the applicant shall at any time fail to keep the premises covered by the permit in a clean and sanitary manner free from filth and accumulations of garbage and other debris and free from offensive odors. Such application shall be signed by the applicant and shall bear the date of the application. The application must also bear the signatures of all property owners within 150 feet of the proposed location of the kennels, the date signed and whether they are in favor of or not in favor of a kennel permit being approved. Each application will cost $25 to cover administrative fees. B. Such dog and/or cat kennels shall be cleaned daily and excretion from such pens, if stored on the premises, shall be stored in non-porous containers with a fly-tight lid. No such dog and/or cat kennels shall be so located within 50 feet of any dwelling of the owner of such dog and/or cat kennel. If at any time the applicant fails to maintain the premises in a clean and sanitary manner, the permit may be revoked and the unsanitary conditions abated in a manner provided by law. C. If a permit is revoked, the permit holder must submit a new application in compliance with the condition as set forth by this ordinance. D. Any dog and/or cat kennel permits approved after January 1, 2002 will expire on December 31 of the year which approved. Each calendar year the applicant must make new application for a kennel for the consideration of the city council.

2-209 CONFINEMENT OF DOGS IN HEAT. (ORD. 321, 06/12/02) any unsprayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or dogs may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisances, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of the animals revoked to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement.

2-210 POSSESSION OF PIT BULLS AND ROTTWEILERS. (ORD. 325, 10/23/02, ORD. 340, 09/14/05) it is unlawful for the owner or harbor of Rottweilers or Pit Bulls, mixed or purebred, to possess these dogs within the city limits of Bennington, Kansas, unless you comply with the following conditions: A. All Pit Bulls and Rottweilers must be kept in a house and secure fenced area with a fence at least 6 feet in height and of sufficient construction to contain the Pit Bull or Rottweiler and as approved by the City; B. All Pit Bulls and Rottweilers must be registered with the Office of the City Clerk and a photograph must be provided at the time of registration. C. The owner or harbor shall provide a certificate of liability insurance coverage extending to injuries or property damage as may be caused by the Pit Bull and Rottweiler in a minimum threshold amount of $100,000. D. The Pit Bull or Rottweiler shall be securely leashed and muzzled at all times when taken outside its fenced enclosure or premises inside the city limits. E. For the purpose of this ordinance: 1. Pit Bull is identified as follows: The American Kennel Club as American Staffordshire Terrier a/k/a American Pit Bull or Pit Bull or any mixed breed of dog containing as elements of its breeding the breed of Staffordshire Bull Terrier or American Staffordshire Terrier so as Staffordshire Terrier referred to in this section as Pit Bull. 2. Rottweiler is identified as follows: The American Kennel Club as a Rottweiler or mixed breed of dog containing as elements of its breeding.

2-211 PENALTY. (ORD. 321, 06/12/02) Every person convicted of a violation of any of the provisions of this chapter for which another penalty is not provided shall, upon conviction thereof, be fined $50 for the first offense, $100 for the second offense within 6 months of the first offense and $150 for the third or subsequent offense thereafter. In addition to, or as an alternative thereto, the court can confine the offender in the county jail for a maximum of 30 days. This article shall be construed to allow the municipal judge full diction as to the use of diversion and probation and any of the above fines.

CHAPTER III. BEVERAGES

Article 1 Alcoholic Liquor Article 2 Cereal Malt Beverage

ARTICLE 1. ALCOHOLIC LIQUOR

3-101 UNLAWFUL TO SELL ALCOHOLIC LIQUOR WITHOUT LICENSE. (K.S.A 41- 208, 41-901) It shall be unlawful for any person to sell, keep for sale, offer for sale, or expose for sale any alcoholic liquor as defined by the Kansas Liquor Control Act without first having procured a license so to do as required by said act to sell the same.

3-102 SALE TO CERTAIN PERSONS FORBIDDEN. (K.S.A. 41-715) No person shall knowingly or unknowingly see, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age; and no such person under the age of 21 years shall represent that he is of age for the purpose of asking for, purchasing or receiving alcoholic liquor from any person except in cases authorized by law. No person under the age of 21 years shall attempt to purchase or purchase alcoholic liquor from any person. No person under the age of 21 years shall possess alcoholic liquor. No person over 21 years shall purchase alcoholic liquor from any person for, on behalf of or at the request of anyone under the age of 21 years. No person shall knowingly sell, give away, dispose of, exchange or deliver or permit the sale, gift or procuring of any alcoholic liquor to or for any person, who is physically or mentally incapacitated by the consumption of such liquor.

3-103 ALCOHOLIC LIQUOR CONSUMPTION IN PUBLIC PLACES FORBIDDEN. It shall be unlawful for any person to drink or consume alcoholic liquor upon the public streets, alleys, roads, highways, or in beer parlors, taverns, pool halls, or places to which the general public has access, whether or not an admission or other fee is charged or collected, or upon property owned by the state or any governmental subdivision thereof, or inside vehicles while upon the public streets, alleys, roads or highways.

3-104 DRUNKENNESS. (K.S.A. 21-4109) it shall be unlawful for any person to be drunk on any highway, street or in any public place or building in the city, or if any person shall be drunk in his own house, or any private building or place in the city, disturbing his family or others.

3-105 PENALTY. Any person, firm or corporation violating any provision of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

ARTICLE 2. CEREAL MALT BEVERAGES

3-201 LICENSE REQUIRED OF RETAILERS. (K.S.A 41-2702) It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail. It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any cereal malt beverage in any other manner.

3-202 LICENSE APPLICATION. An application for a license to sell cereal malt beverages at retail shall be made to the governing body in accordance with the provisions of Section 41-2702 of the Kansas Statutes Annotated. The applicant shall be 21 years if age and have resided 6 months in the county.

3-203 LICENSE FEES: LICENSE: PERIOD. (K.S.A. 41-2702) There is hereby established license fees as follows: For each place of business licensed to sell cereal malt beverages at retail including consumptions on the premises, $50 per calendar year, payable January 1st, of each year.

3-204 DEFINITIONS. As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires. A. Person – shall include individuals, firms, co-partnership, corporations, and associations. B. Sale at Retail Sale – means sales for use of consumption and not for resale in any form. C. Place of Business – shall mean any place at which cereal malt beverages are sold. D. Cereal Malt Beverages – include any fermented but undistilled liquor brewed or made from malt or from a mixture of malt and/or malt substitute but shall not include any such liquor which contains more than 3.2 percent of alcohol by weight.

3-205 HOURS OF SALES: MINORS: BUSINESS REGULATION. (ORD. 275, 11/09/94; K.S.A. 41-2704) A. No cereal malt beverages may be sold: a. Between the hours of 12 o’clock midnight and 6 o’clock a.m. b. On Sunday B. No private rooms or closed booths shall be operated in said place of business, but this provision shall not apply if the licensed premises are also currently licensed as a club under a license issued by the state director of alcoholic beverage control. C. Said place of business shall be open to the public and to the police at all times during business hours, except that a premises licensed as a club under a license issued by the state of director of alcoholic beverage control shall be open to the police and not the public. D. No person under 21 years of age shall be permitted to buy or drink any of such beverages in or about said place of business. It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any cereal malt beverages in any licensed place of business. E. No person shall have any alcoholic liquor in his possession while in said place of business, unless the premises are currently licensed as a club under a license issues by the stat director of alcoholic beverage control.

3-206 LICENSE REVOCATION. All licenses issued under the provision of this article and the Kansas Statutes Annotated, Chapter 41, Article 27, shall be revoked according to the provisions of K.S.A. 41-2708.

3-207 DRINKING ON THE STREETS. It shall be unlawful for any person to have any cereal malt beverage in his possession upon any public street, avenue, alley, sidewalk, or in a vehicle except in the original unopened container, or to drink or consume any cereal malt beverage upon any public street, avenue, alley, and sidewalk or in a vehicle within the city.

3-208 MINORS: POSSESSION. It shall be unlawful for any person under the age of 21 years to have in his or her possession any cereal malt beverage upon any street, avenue, alley, sidewalk, in any vehicle or in any public place or places to which the general public has access, whether or not an admission or other fee is charged or collected.

3-209 SELLING TO MINORS. It shall be unlawful for any person knowingly or unknowingly to sell, give away, dispose of, exchange or deliver or permit the sale, gift or procuring of any cereal malt beverage to, or for anyone under the age of 21 years.

3-210 MINORS, BUYING. It shall be unlawful for nay under the age of 21 years to represent that he or she is of the age of 21 years for the purpose of asking for, purchasing, or receiving any cereal malt beverage within the corporate limits of the city.

3-211 PROHIBITED CONDUCT ON PREMISES. No license shall permit any immoral conduct in his place of business and shall keep and maintain his place of business in a clean and sanitary condition.

3-212 PREMISES ILLUMINATION. (K.S.A. 41-2704) It shall be unlawful for any owner, operator, or licensee to operate any place of business licensed for the sale and consumption of cereal malt beverages on the premises without sufficient illumination to measure not less than 5 foot candles of light in all portions of said place of business measured at a height of 36 inches above the floor. 3-213 PENALTY. It shall be unlawful for any person to do any of the things or acts forbidden in this article. It shall be unlawful for any person to fail or refuse to do any of the things or act commanded to be done by this article. Any person violating any of the provisions of this article for which another penalty is not specifically provided shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or both so fined and imprisoned.

CHAPTER IV. BUILDINGS AND CONSTRUCTION

Article 1 Building Code Article 2 Dangerous Structures Article 3 City Planning Commission Article 4 Miscellaneous Article 5 Solar Energy Systems Article 6 Cross-Connections Article 7 Wind Energy Conversion System

ARTICLE 1. BUILDING CODE.

4-101 ADOPTION OF BUILDING CODE. There is hereby adopted by the City of Bennington, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of building and structures, including permits and penalties, that certain building code known as the National Building Code, Abbreviated Edition, recommended by the National Board of Fire Underwriters, being particularly the 1955 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which not less than 3 copies have been and are now filed in the office of the clerk of the City of Bennington and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date of which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the city.

4-102 ESTABLISHMENT OF OFFICE OF BUILDING OFFICIAL. A. The office of building official is hereby created and the executive official in charge shall be known as the building official. B. The building official shall be appointed by the city council. His appointment shall continue during good behavior and satisfactory service. He shall not be removed from the office except for cause after full opportunity has been given him to be heard of specific charges. C. During temporary absence or disability of the building official the appointing authority shall designated an acting building official.

4-103 DUTIES OF BUILDING OFFICIAL. It shall be the duty of the building official to enforce all laws relating to the construction, alteration, removal and demolition of buildings and structures.

4-104 RIGHT OF ENTRY. The building official, in the discharge of his official duties, and upon proper identification, shall have the authority to enter any building, structure or premises at any reasonable hour.

4-105 DEFINITIONS. A. Municipality – shall be held to mean the City of Bennington B. Corporation Council – shall be held to mean the attorney for the City of Bennington C. Antenna Dish – shall mean any circular or similar dish shaped receiving antenna generally used for highly specialized industrial communications or for receiving television signals for a satellite. D. Front Yard – shall mean a year extending the full width of a lot the depth of which is the least distance between the street right of way and the building set back line. E. Side Yard – shall mean the yard adjacent to the front yard.

4-106 BUILDING PERMITS; FEE. (ORD. 293, 12/1/96) No person shall commence to erect, construct, alter, add to or increase the dimensions or rebuild or move any building, antenna dish (over one meter in diameter), and fence or concrete structure without first having secured a permit therefore from the building official of the city. The applicant for such permit shall present to the city clerk his or her written request which shall be signed by the applicant and specifying therein all work to be done and materials to be used under this permit. The city clerk shall present such application to the building official and if the work or improvement set out in such application shall not comply with the requirements of the building code and other ordinances of the city, the same shall be rejected. All construction contemplated pursuant to the building permit shall be completed within 1 year of the issuance of the permit. A fee shall be charge for each building permit; said fee shall be set by the city council at regular meeting by motion. A separate offense shall be deemed committed upon each day during which or on which a violation occurs or continues.

4-107 HEARINGS. Any party to which a permit is not issued has the right to request a hearing before the city council. Said hearing shall be held at the next regular meeting of the city council.

4-108 REGULATIONS PERTAINING TO ANTENNA DISHED (ORD. 293, 12/11/96) All antenna dishes over one meter in diameter located outside a building shall meet the following requirements: A. minimum set back from all property lines of lots: a. 17 feet from center of antenna dish to back yard property line b. 15 feet from the center of antenna dish to side yard property line. B. No antenna dish may be located in the front yard or a side yard should the side yard front a street. C. All antenna dishes shall be mounted according to manufacturer’s specifications. The owner shall provide the building official with a copy of those specifications D. Roof mounted antenna dishes may be no larger than 30 inches in diameter and shall not hang over the side of the building E. Nothing in these regulations shall prevent the owner from mounting an antenna dish on the side of his house provided that the antenna dish is no larger than 30 inches in diameter and that the owner follows manufacture’s specifications in mounting said dish.

4-109 PENALTY. Any person, firm or corporation violating any provision of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned. Each day during or on which the violation occurs or continues shall constitute a separate offense.

ARTICLE 2. DANGEROUS STRUCTURES

4-201 DESIGNATION OF ENGORCING OFFICER: AUTHORITY. The fire chief is hereby designated as the “Enforcing Officer” charged with the administration of the provisions of Chapter 12, Sections 1750 through 1756 of the Kansas Statutes Annotated.

4-202 WIND ENERGY CONVERSION SYSTEM A. Wind Energy Conversion System: A machine that converts the kinetic energy in the wind into a usable form (commonly known as a wind turbine or windmill) B. Wind Energy Conversion System Prohibited: It has been determined by the governing body of the City of Bennington, Kansas, that Wind Energy Conversion System are dangerous structures and are hereby prohibited within the corporate boundaries of the City of Bennington, Kansas. C. Any person, firm or corporation violating any of the provisions of this section or doing any of the acts or things prohibited by this section shall upon conviction be fined an amount not to exceed $200 or be imprisoned for not to exceed 30 days or be both fined and so imprisoned.

ARTICLE 3. CITY PLANNING COMMISSION AND HOUSING AUTHORITY

4-301 PLANNING COMMISSION. (ORD. 352 05/14/08) There is hereby created a city planning commission for the City of Bennington, Kansas, which shall consist of 5 electors of which 3 members shall be residents of the city and 2 members may reside outside the city but within 3 miles of the corporate limits of the city.

4-302 TERM OF OFFICE. (ORD. 352, 05/14/08) The member of the city planning commission shall be appointed by the mayor with the consent of the city council. The members of the planning commission first appointed shall serve respectively for terms of 1 year, 2 years, and 3 years, divided equally or as nearly equal as possible between those terms. Thereafter members shall be appointed for terms of 3 years each. Vacancies shall be filled by appointment for the unexpired term only. Members of the planning commission shall serve without compensation.

4-303 MEETINGS. The members of the planning commission shall meet at least once a month at such time and place as they may fix by resolution. They shall select one of their numbers as chairman and one as vice chairman who shall serve one year and until their successor has been selected. They shall annually appoint a secretary who may be an officer or employee of the city. Special meetings may be called at any time by the chairman or in his absence by the vice chairman. A majority of the planning commission shall constitute a quorum for the transaction of business. The planning commission shall cause a proper record to be kept of its proceedings.

4-304 BOARD OF ZONING APPEALS. The planning commission shall serve as the board of zoning appeals.

4-305 POWERS. The planning commission and city governing body shall have all the powers and duties set forth in K.S.A. Chapter 12, Article 7, as amended.

ARTICLE 4. MISCELLANEOUS

4-401 PERMIT FOR EXCAVATION, MOVING OR RAZING OF ANY PERMANENT IMPROVEMENT TO REAL ESTATE REQUIRED. (ORD. 311, 01/10/01, ORD. 344, 06/28/06) No person, firm, partnership, corporation, or other entity shall move, remove, haul or transport any permanent improvement or structure of the height of 10 feet or over, after having been placed in final position for moving, upon, across or over any street, alley, or sidewalk in the city; nor shall any person, firm, partnership, corporation, or other entity raze any structure of the height of 10 feet or over, without first obtaining a permit therefore.

A. APPLICATIONS FOR PERMIT. All application for permits required under the provisions of this article shall be made in writing to the city clerk stating the size and height of the building or other structure desired to be moved or raised, specifying the day and hour said moving or raising it so commence, the places from and to which it is to be moved, and the route through the city’s streets over which said house, building, derrick or other structure shall be moved. If it shall be necessary to cut or move, raise, or in any way interfere with any wires or poles, the application shall state the name of the owners of said wires or poles and the time and place when and where the removal of said wires or poles and where the removal of said poles or the cutting, raising or otherwise interfering with said wires will be necessary. B. PERMIT FEE. (ORD. 344, 06/28/06) Before a permit to move or raise any house, building, derrick, or other structure, is granted under the provisions of this article, the applicant for said permit shall pay to the city clerk the sum of $15 therefore, which shall be deposited to the credit of the general fund of the city. C. CASH BOND, INSURANCE REQUIRED. 1. It shall be the duty of any applicant for a permit as provided in this ordinance to give a good sufficient surety to the city, to be received and approved by the city clerk, indemnifying the city against any default in performance, loss or damage resulting from the failure of any applicant to comply with the provisions of this ordinance or for any default in performance, damage, or injury caused in moving or raising any such house or structure. 2. A bond in the following type denomination must be paid or filed with the city clerk, prior to issuance of a permit, as follows: a. For residential properties with fences or structures smaller than 450 square feet, a cash bond in the sum of $100 shall be paid or provided by the applicant; b. For residential properties with structures larger than 450 square feet, a cash bond in the sum of $500 shall be paid or provided by the applicant; c. Commercial and all other non-residential properties shall require that a cash bond or surety bond of 100% of the projected demolition cost shall be paid or provided by the applicant. 3. Any non-cash surety bond shall be issued solely through an insurance company authorized to do business in the State of Kansas.

D. NOTICE TO UTILITY SERVICES. Before a structure can be raised or removed the owner, applicant, or any agent shall notify all utilities having service connections within the structure such as water, electricity, gas, sewer, and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.

E. NOTICE TO ADJOINING OWNERS. Only when written notice has been given by the applicant to the owners of adjoining lots and to the owners of wired or other facilities, of which the temporary removal may be necessitated by the proposed work, shall a permit be granted from the removal of a building or structure. If work is not commenced within 6 months the permit will expire and a new permit will be required to remove a building or structure.

F. CONDITION OF LOT. Whenever a structure is raised or removed, the premises shall be:

1. All brick, stone, cement, foundations shall be removed from the premises and fill dirt inserted therein. 2. Maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restarting from established grades and the erection of the necessary retaining walls and fences. 3. The vacant lot shall be filled, graded and maintained in conformity to the established street grades at curb level within 90 days of the removal or rising of the building or structure. Upon written application the city council may grant on extension of 90 days. 4. The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which may endanger the life or health of the public. 5. Provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property. 6. All service utility connection shall be discontinued and capped in accordance with the approved rules and the requirements of the authoritative agency having jurisdiction. The sewer shall be plugged at the property line. 7. Any pavements, sidewalks, or curbing taken up or any and all excavations made by any company, business, corporation, or individual within the city shall be made and done in such manner as to give the least any inconvenience to the inhabitants of the city and the public generally. Companies, business, corporations and individuals shall, in the doing of the work in connection with its said pipes and services, avoid, so far as may be practical, interfering with the use of any street, alley, avenue, or other public thoroughfare; they shall at their own expense, and in a manner satisfactory to the duly authorized representatives of the city, replace all such pavements, sidewalks, curbing, excavations, or surfaces in as substantially good condition as before said work was commenced, with all convenient speed. 8. Each and every utility company, business, corporation, or individual utilizing the public right of ways, streets, alleys or public easements within the city, shall at all times make and keep full and complete plats, maps, and records showing the exact location of its facilities located within the public ways of the city. 9. Any company, business, corporation, or individual shall not place pedestals or other fixtures where the same will interfere with any gas, electric, cable TV or telephone fixtures, water hydrants or mains, and all such pedestals or other fixtures places in any street shall be places at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of lot abutting on said alley, and in such a manner as not to interfere with the usual travel in said streets, alleys, and public ways.

4-402 EXCAVATIONS. A. Any pavements, sidewalks, or curbing taken up or any and all excavations made by any company, business, corporation, or individual within the city shall be made and done in such a manner as to give the least inconvenience to the inhabitants of the city and the public generally. Companies, businesses, corporations and individuals shall, in the doing of the work in connection with its said pipes and services, avoid, so far as may be practical, interfering with the use of any street, alley, avenue, or other public thoroughfare; they shall at their own expense, and in a manner satisfactory to the duly authorized representatives of the city, replace all such pavements, sidewalks, curbing, excavations, or surfaces in as substantially good condition as before said work was commenced, with all convenient speed. B. Each company business, corporation, or individual shall at all times make and keep full and complete plats, maps, and records showing the exact location of its facilities located within the public ways of the city. C. Any company, business, corporation, or individual shall not place pedestals or other fixtures where the same will interfere with any gas, electric, cable TV or telephone fixtures, water hydrants or mains, and all such pedestals or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways.

4-403 HOUSE AND BUILDING NUMBERS. All residence and business buildings shall display street numbers at least 4 inches high in an appropriate place easily seen from the street. The number of each location to be obtained from the city governing body.

4-404 PENALTY. Any person, firm or corporation violating any provision of this article, or doing any of the acts or things prohibited by this chapter of failing or refusing to perform any duty imposed by the chapter shall, upon conviction thereof, be fined in any amount not to exceed $500, or be imprisoned for not to exceed 30 days, or be both so fined and imprisoned.

ARTICLE 5. SOLAR ENERGY SYSTEMS

4-501 DEFINITIONS. A. Solar Access – means access to the envelope of air space exposed to the face of any solar energy system through which the sun passes and which allows the solar energy system to function. Such access is necessary to any solar energy system. B. Solar Air Space Envelope – means that volume of air space whose lower limits are defined be a plane sloping upward to the couth at an angle of 22 degrees from the horizontal, measured from the bottom of the solar collector system at 0900 and 1600 solar time from September 21st through April 21st. C. Solar Collector – means both passive and active systems. An active collector shall include panels designed to collect and transfer solar energy into heated water, air or electricity. Passive collectors shall include windows and window walls which admit solar rays to obtain direct heat or to obtain heat for storage. Such windows and window walls of passive systems may extend to ground level. Greenhouses, atriums, and solariums are included in this definition.

4-502 SOLAR EASEMENTS. In order to preserve and protect the solar access across contiguous or nearby property, “Solar Easements” may be formulated. Such easements shall establish the solar air space envelope within which building and vegetation obstructions are prohibited. Solar easements are allowed by K.S.A. 58-3801 “Creation of Solar Easements, Recordation” and 58302 “same; Content’. Such and easement shall be an agreement between property owners and probably, although not necessarily, will be initiated by the owner of a proposed solar energy system. The city shall also be included as a property owner wherein property owned by the city may be located in a solar air space envelope and the city therefore, may be a party to such an easement. All easements shall be recorded by the Ottawa County Register of Deeds and shall transfer from one owner to another owner if the property is sold, all such easements shall also be filed with the city clerk for coordinating issuance of future building permits which might be affected by the easement.

4-503 BUILDING PERMITS. No person shall commence to erect, construct, alter, add to or increase a solar collector without first having secured a permit from the governing body of the city. The application for such permit shall be in the manner designated in Section 4-106 of this code.

4-504 PENALTY. Any person, firm, or corporation violating any provision of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned. Each day during or on which the violation occurs or continues shall constitute a separate offense. ARTICLE 6. CROSS- CONNECTION WITH DOMESTIC WATER SUPPLY

4-601 UNLAWFUL CONNECTIONS. A. No installation of potable water supply piping or part thereof shall be made in such a manner that it will be possible for used, unclean, polluted, or contaminated water, mixtures or substances to enter any portion of such piping from any tank, receptacle, equipment or plumbing fixture by reason of back siphonage, by suction or any other cause, either during normal use and operation thereof or when any such tank, receptacle, equipment or plumbing fixture is flooded, or subject to pressure in excess of the operating pressure in the hot or cold water piping. B. No person shall make a connection or allow one to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes conduits or fixtures containing or carrying water from any other source or containing or carrying water which has been used for any purpose whatsoever, or any piping carrying chemicals, liquids, gases, or any substance whatsoever, unless there is provided an approved back flow prevention device. C. No plumbing fixture, device or construction shall be installed or maintained or shall be connected to any domestic water supply, when such installation or connection may provide a possibility of polluting such water supply or may provide a cross-connection between a distributing system of water for drinking and domestic purposes and water which may become contaminated by such plumbing fixture device or construction unless there is provided and approved back flow prevention device. D. No water piping supplied by any private water supply system shall be connected to any other source of supply without the approval of the building inspector, health department or other department having jurisdiction.

4-602 CROSS-CONNECTION CONTROL. No person shall install any water operated equipment or mechanism, or use any water treating chemical or substance, if it is found that such equipment, mechanism, chemical or substance may be cause pollution of the domestic water supply. Such equipment or mechanism may be permitted only when equipped with an approved back flow prevention device.

4-603 APPROVAL OF DEVICES. Before any device is installed for the prevention of back flow or back siphonage, it shall have first been approved by the building inspector. Devices shall be tested annually in conformity with recognized standards or other standards acceptable to the building inspector which are consistent with the intent of this code.

All devices installed in a potable water supply system for protection against back flow shall be maintained in good working condition by the person or persons having control of such devices. The building inspector shall inspect such devices annually and, if found to be defective or inoperative shall require the repair or replacement thereof. No device shall be removed from use or relocated or other device substituted, without the approval of the building inspector.

It is the responsibility of the building inspector to familiarize himself with back flow devices, maintenance and testing.

4-604 PENALTY. Any person, firm, or corporation violating any provision of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned. Each day during or on which the violation occurs or continues shall constitute a separate offense.

ARTICLE 7. WIND ENGERY CONVERSION SYSTEMS. (ORD. 369, 02/04/10)

4-701 DEFINITIONS. A. Wind Energy Conversion System (WECS) – A machine (commonly known as a wind turbine) that converts the kinetic energy in the wind into a usable form of electricity. The WECS include all parts of the system except the tower and the transmission equipment. B. Over speed Control – A mechanism used to limit the speed of blade rotation to below the design limits of the WECS. C. Swept Area – The largest area of the WECS which extracts energy from the wind stream. In a conventional propeller – type WECS there is a direct relationship between swept area and the rotor diameter.

4-702 WIND ENERGY CONVERISON SYSTEMS. Wind energy conversion systems shall be permitted in all zones subject to the following requirements. A. WECS Application – Application for a wind energy conversion system shall be on forms provided by the city, shall be accompanied by: 1. A permit application fee of $50 plus deposit. 2. A site plan drawn in sufficient detail to clearly describe the following: a. Property lines and physical dimensions of the site; b. Location, approximate dimensions, and types of major existing structures and uses on site; c. Location and elevation of the proposed WECS; d. Location of all above ground utility lines on-site or within one radius of the total height of the WECS, including the furthest vertical extension of the rotor assembly; e. Location and size of structures or trees about 35 feet within a 500 foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open-lattice towers are not considered structures; f. Where applicable, the location of all transmission facilities proposed for installation; g. Where applicable, the location of all road and other service structures proposed as part of the installation. B. General Provisions. Installation of all wind energy conversions systems shall comply with the following requirements: 1. Compliance With National Build Code – Building permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system including support structures and base. Drawing and any necessary calculations shall be certified in writing by a licensed professional engineer that the system complies with the National Building Code. This certification would normally be supplied by the manufacturer. Where the structural components or installation vary from the standard design or specifications, the proposed modifications shall be certified by a licensed, registered professional engineer. For compliance with the seismic and structural design provisions of the National Building Code. 2. Compliance with National Electrical Code: Building permit applications shall be accompanied by a line drawing identifying the electrical components of the wind system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. The applications shall include a statement from a licensed registered professional engineer indication that the electrical system conforms to standard engineering practices and complies with the National Electrical code. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. 3. Rotor Safety: Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a licensed registered professional engineer certifying that rotor and over speed controls have been designed and fabricated for the proposed use in accordance with standard engineering practices. This certification would normally be supplied by the manufacturer. 4. Noise: Noise levels measured at the lot lines shall not exceed 60 DBA. 5. Electromagnetic Interference: The wind energy conversion system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated to a city building official that a wind energy conversion system is causing harmful interference, the operator shall promptly mitigate the harmful interference. 6. Height: The maximum height of the WECS shall be no more than 10 feet above the roofline. For purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open-lattice towers are not considered part of the roofline. 7. Mounting: The WECS shall be directly mounted to the roof of any existing structure. 8. Setbacks: WECS shall be at least 15 feet from the nearest property line. 9. Utilities Notification: No wind turbine shall be installed until evidence has been given that the utility company has been notified in writing, and has responded that the installation meets the utilities connection requirement. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility’s current service regulations applicable to WECS. 10. The owner/operator shall provide covenants, easements, or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind provided by the site. 11. The owner/operator shall certify that the WESC does not violate any covenants of record. 12. Abatement: if a wind energy conversion system or systems are not maintained in operational condition for a period of one year and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The City of Bennington reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the City of Bennington determines that the WECS has been abandoned and poses a safety hazard, the system shall be removed within 45 days of written notice to the owner or operator of the system. 13. Liability Insurance: The applicant, owner, lessee, or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. Said policy shall provide a minimum of $300,000 property and personal liability coverage. 14. For those installation which cannot meet all of the above requirements, they may apply for a conditional use permit.

4-703 CONDITIONAL USE APPLICATION FOR WIND ENERGY CONVERSION SYSTEMS. A. Installation: Installation of wind energy conversion system shall require the granting of a conditional use permit where the WECS proposed for installation vary from the provisions set forth in 4-702. B. Application: Every application for a conditional use permit shall be made in writing to the City Council of Bennington, Kansas on the forms provided by the city shall be accompanied by the following information: 1. Name and address of the applicant 2. Evidence that applicant is the owner of the premises involved or that the applicant has written permission of the owner to make such an application. 3. A site plan and development plan drawn in sufficient detail to clearly describe: a. Property line and physical dimensions of the proposed site; b. Location, approximate dimensions, and types of major existing structures and uses of the site; c. Location and elevation of the proposed WECS; d. Location of all above-ground utility lines and other WECS on-site or within one radius of the total height of the proposed WECS, including the furthest vertical extension of the rotor assembly. e. Location and size of structures or trees above 35 feet within 500 feet radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open-lattice towers are not considered structures; f. Where applicable the location of all transmission facilities proposed for installation; g. Where applicable the location of all road and other service structures proposed as part of the installation.

4. Public Hearing: A public hearing shall be held on the application for a conditional use permit in accordance with this article, and all of the procedural requirements and right of appeal as set forth therein shall govern the hearing. 5. Findings: The City Council of Bennington, Kansas shall approve the conditional use permit if it finds: a. The proposed use is not detrimental to the public health and safety. b. That the use of the property for such purpose will not result in material damage or prejudice to other property in the vicinity. 6. Conditions: the City Council of Bennington, Kansas, in approving a conditional use permit may require certain conditions under which the proposed use may be allowed which will prevent material damage to adjacent properties and provide suitable safeguards to the public health and safety.

4-705 PENALTY. Any person, firm, or corporation violating any provision of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not to exceed $500, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned. Each day during or on which the violation occurs or continues shall constitute a separate offense.

CHAPTER V. LICENSES AND BUSINESS REGULATIONS Article 1 Solicitors, Canvassers, and Peddlers Article 2 Operating Licenses – Amusement

ARTICLE 1. SOLICITORS, CANVASSERS, AND PEDDLERS

5-101 DEFINITIONS. For the purpose of this ordinance, the following words shall be considered to have the following meanings:

A. Soliciting – include any one or more of the following activities: 1. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of an kind of consideration whatever; or 2. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or 3. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type of kind of publications. B. Residence – include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. C. Canvasser or Solicitor – any individual, whether resident of the city or not, whose business is mainly or principally carried on by traveling either by foot, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders from sales of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not. Such definition shall include any person, who, for himself, herself or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. D. Peddler – any person, whether a resident of the city or not, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad boxcar or other vehicle or conveyance, and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this ordinance shall be deemed a peddler. E. Transient Merchant, Itinerant Merchant or Itinerant Vendor – any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares, and merchandise within such city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels, lodging houses, apartment, shops or any street, alley or other pace within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. Such definition shall not be construed to include any person who, while occupying such temporary location, does not see from stock, buy exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with as a part of, or in the name of any local dealer, trader, merchant or auctioneer. F. Street Salesman – any person engaged in any manner in selling merchandise of any kind from a vehicle or stand temporarily located on the public streets or sidewalks of this city.

5-102 LICENSE REQUIRED It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this ordinance, within the corporate limits of the city without then having an unrevoked and unexpired license therefore in his or her possession and issued by the city clerk. A. I shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this ordinance, within the corporate limits of the city without then having any unrevoked and unexpired license therefore in his or her possession and issued by the city clerk. B. The governing body may waive the license requirements of this ordinance for any person, firm or corporation exempt from the payment of a license fee under Section 5-105 (c).

5-103 SAME, APPLICATION REQUIRED. Before the city clerk may issue any license required by this ordinance, he or she shall require a signed application in writing prepared in duplicate on a form to be supplied by the city clerk which shall give the following information: A. Name and description of applicant; B. Permanent home address and full local address of applicant; C. Identification of applicant including drivers’ license number, date of birth, expiration date of license and description of applicant. D. Identification of vehicle use by applicant including license therefore used by applicant in conducting his or her business; E. A brief description of the nature of business to be carried on or the goods to be sold and the length of time such applicant has been engaged in the business; F. If employed, the name and address of the employer, together with credentials establishing such relationship, including the authority by the employer authorizing the applicant to represent the employer in conducting business. G. The length of time which business is proposed to be carried on; H. The place where services are to be performed or where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filled, and the proposed method of delivery. I. A photograph of the applicant, taken within 90 days prior to the date of making application which picture shall be at least two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner; or in lieu thereof, the fingerprints of the applicant may be taken by law enforcement and filed with the applications. J. A statement as to whether or not the applicant has within two years prior to the date of the application has been convicted of any crime, misdemeanor (other than minor traffic violations) or violation of any municipal law regulating peddlers, solicitors or canvassers and fiving the nature of the offenses, the punishment assessed therefore, if any, and the city and state where conviction occurred. K. The applicant’s Kansas Sales Tax number.

5-104 INVESTIGSTION AND ISSUANCE A. Upon receipt of the above application from an applicant, the city clerk may refer the same to law enforcement and shall cause an investigation of the facts stated therein to be made within not to exceed 5 days. B. If as a result of the investigation, the business responsibility is found to be unsatisfactory or the facts stated therein to be untrue, the city clerk shall notify the applicant that his or her application is disapproved and that no license will be issued. C. If however, the investigation of such application discloses that the business responsibility and the facts stated in the application are satisfactory and true, the city clerk shall, upon payment of the license fees prescribe, issue a license to the applicant to engage in the business described in the application. Such license shall show the name and address of the licensee, the date of issuance and length of time the license shall be operative, and the nature of the business involved. The city clerk shall keep a permanent record of all such licenses issued and submit a copy of such license to law enforcement. The licensee shall carry the license certificate at all times.

5-105 LICENSE FEE; TIME LIMITS; EXEMPTIONS. (K.S.A. 12-1617) A. The fee for the license required pursuant to Section 5-102 shall be in the amount of $50 per each day, or portion thereof, that the licensee shall operate within the city limits. B. Any such license granted upon application as required hereinabove shall be limited to and effective only on the days set out in the license. Solicitation or sales by any peddler, solicitor or canvasser shall be conducted only between the hours of 8:00 am and 9:00 pm, or upon invitation at any hour. C. No license fee shall be required of: (1) any person selling products of the farm or orchard actually produced by the seller; (2) any businesses, trades or occupations which are part of fairs or celebrations sponsored by the city or any other governmental subdivision, or the state, or when part of all of the expenses of the fairs or celebrations are paid for by the city, any other governmental subdivision, or state; and (3) any not-for-profit or charitable organization as determined by the governing body.

5-106 RENEWAL. All licenses issued shall be subject to removal upon a showing of compliance with Sections 5-102 and 5-103 of this ordinance within a 6 month period prior to the renewal date. The city clerk need not require an additional application under section 5-103 or an additional investigation under section 5-104 unless complaints have been received of violations of the conditions under which any license has heretofore been issued. The city clerk shall not renew or extend any license where there is satisfactory evidence of any grounds for the suspension or revocation of any prior license, and the applicant shall be required to apply for a license as in the case of an original license.

5-107 DENIAL, REVOCATION OR SUSPENSION OF LICENSE: NOTICE. The city clerk or law enforcement may deny any application or may revoke or suspend for a period of not to exceed 360 days any license issued under this ordinance, for any of the following causes: 1. Fraud, misrepresentation or false statement contained in the application for license 2. Fraud, misrepresentation or false statement made in the course of carrying on the business 3. Any violation of this ordinance. 4. Conducting a business as defined in 5-101 in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the city. Notice of the denial, revocation or suspension of a license shall be given in writing to the applicant or mailed to his or her last known address and the city clerk shall set forth the grounds of such denial, revocation or suspension. 5. Conviction of the crime of theft, fraud, embezzlement or any felony within two (2) years prior to the application date.

5-108 APPEAL TO GOVERNING BODY A. Any person aggrieved by the action of law enforcement or city clerk in the denial of an application or revocation or suspension of a license as provided in this ordinance, shall have the right of appeal to the governing body. B. Such appeal shall be taken by filing with the city clerk within 14 days after notice of revocation, suspension or denial of the license has been given to or mailed to such applicant’s last known address and setting forth the grounds for appeal C. The governing body shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided herein for notice of denial, revocation or suspension. D. The decision and order of the governing body on such appeal shall be final and conclusive.

5-109 REGULATIONS. A. It shall be unlawful for any licensee to make false or fraudulent statements concerning the quality of nature of his or her goods, wares and merchandise for the purpose of inducing another to purchase the same. B. Licensees are required to exhibit their license at the request of any person to whom they attempt to sell their goods, wares and merchandise or take orders for future of the same.

5-110 USE OF STREETS AND SIDEWALKS. Except when authorized in writing by the city clerk, no peddler, solicitor or canvasser or any other person shall have exclusive right to any location in the public streets for the purpose of selling or soliciting sales, not shall any person by permitted a stationary location in the public streets nor shall any person be permitted to operate in the sidewalks and streets within the fire limits of the city or any congested area where his or her operations might impede or inconvenience the public.

5-111 DISTRUBING THE PEACE. Except when authorized in writing by the city clerk, no licensee nor any person in his or her behalf, shall use any sound device, including any loud-speaking radio or sound-amplifying system upon any of the streets, alleys, parks, or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced there from to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.

5-112 PENALTY. Any person violating the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

ARTICLE 2. OPERATING LICENSES – AMUSEMENT.

5-201 DEFINITION. The term “tavern” shall mean any place of business licensed to sell cereal malt beverages for consumption on the premises.

5-202 HOURS WHEN TAVERN MAY BE OPEN. Taverns may be open between the hours of 6:00 a.m. and 12:30 p.m. No tavern shall be open to the public at any other time nor shall any patron remain within any tavern after closing hours as set forth above.

5-203 PENALTY. Any person violating the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

CHAPTER VI: FIRE REGULATIONS

Article 1 Fire Limits Article 2 Fire Regulations Article 3 Fireworks Article 4 Gases and Liquids

ARTICLE 1. FIRE LIMITS (ORD. 300, 06/15/98)

6-101 FIRE LIMITS DEFINED. The fire limits of the City of Bennington are hereby established as follows:

 Unified School District 240, Bennington Schools, Section 1, Township 12 South, Range 3 West. A tract in the East ½ of the Southeast ¼ beginning 275 feet South of the Southwest corner of the Memorial Addition, on the West line of Putnam Street, thence West 280 feet, thence Southwesterly 300 feet, thence West 20 feet, thence Southwesterly 110 feet to the West line of the East ½, thence South 412 feet to the North line of the Railroad right-of-way, thence Southeasterly along the Railroad right-of-way 260 feet, thence North 330 feet, more or less, thence East 50 feet, thence North 160 feet, thence East 350 feet to the West line of Putnam Street, thence North 400 feet to the point of beginning.  A tract in the East ½, beginning 675 feet South of the North Line of Burlington Street on the West line of Putnam Street to point of beginning, thence South 660 feet, more or less to the North line of the Railroad right-of-way, thence Northwesterly along the Railroad right-of-way 300 feet, thence South along the Railroad right-of-way 160 feet, more or less, thence North 300 feet, thence West 50 feet, thence North 160 feet, thence East 350 feet to point of beginning.  All land lying South of Sand Creek and North of the Railroad in the West ½, of the Southeast ¼.  The area commonly known as the Bennington Swimming Pool and the Parking Lot located in Section 1, Township 12 South, and Range 3 West. A tract in the East ½ beginning 500 feet West of the Northeast corner pf the East ½, thence South 155 feet, thence East 125 feet, thence Westerly 70 feet, more or less along the West line of Putnam Street, along the West line of Putnam Street, thence west 280 feet, thence Southwesterly 300 feet, thence West 20 feet, thence Southwesterly 110 feet to the West line of the West ½, thence North 1,520 feet, more or less to the North line of the East ½, thence East 800 feet more or less to the point of beginning.  Section 12, Township 12 South, Range 3 West, the part of the Northeast ¼ lying north and East of the Railroad right-of-way excluding the Road right-of- way.  The East 25 feet of Lot 22 to Lot 24 of Block 4 of the Original City of Bennington.  The East 45 feet of the Lots 15 and 16, and the East 45 feet of the Couth 10 feet of Lot 17 of Block 2 of the Nelsons 2nd Addition to the City of Bennington. o Lots 10 to 14 of Block 3 of the Original City of Bennington o Lots 15-20 Block 2 of the Original City of Bennington o Lots 7-12 Block 5 of the Nelsons 2nd Addition to the City of Bennington  Eastside oil, Section 6, Township 12 South, Range 2 West. A tract of land beginning at the West line of Parker Street and the North line of K-18 right-of- way, thence East 500 feet, thence North 275.3 feet, thence West 500 feet, thence South 275.3 feet to the point of beginning.  Farmers’ Cooperative Association, Lots 13-24 of Block 1 of the Strubles Addition to the City of Bennington. And Lots 1-15 of Block 4 in the Parkers 1st Addition to the City of Bennington. Section 7, Township 12 South, Range 2 West. A tract of land beginning 30 feet South of the centerline of Yorktown and Nelson Street, thence East 715 feet, thence South 200 feet, thence West 715 feet, thence North 200 feet to the point of beginning, excluding the road right-of-way. And the area commonly referred to as the West Elevator located North of K-18, south of the Railroad tract and West of Stark Street.  K & R Welding, Section 7, Township 12 South, Range 2 West, a part of Block 3 beginning 254 feet south and 25 feet East of the Northwest corner of Section 7, thence East 60 feet, thence North 17.3 feet thence Southeasterly 70.39 feet thence South 62.76 feet, thence West 120.7 feet, thence North 81 feet to the point of beginning all in the Parkers 1st Addition to the City of Bennington. o Lots 1-5 Block 6 of the Original City of Bennington o Lots 1-12 Block 4 of the Original City of Bennington o Block 1 of the Original City of Bennington o Lot 1 Block 1 of the Parkers 1st Addition to the City of Bennington  The area commonly known as the Depot located North of K-18 and the Railroad tracks and West of Stark Street.

ARTICLE 2. FIRE REGULATIONS

6-201 TRASH BURNING (ORD. 250, 04/11/90) A. It shall be unlawful to burn trash, rubbish, leaves, lumber, straw or any other combustible material in any street, alley or vacant lot within 25 feet of any building within the fire limits, except in an approved refuse burner so constructed as to prevent the escape of sparks or burning material and approved by the fire chief or superintendent of utilities. B. It shall also be unlawful to burn on any public road-way, streets or alleys as defined in the standard traffic ordinance book: Provided that burning of leaves shall be permitted in not surfaced alleys. C. It shall be unlawful to burn after sunset.

6-202 FALSE FIRE ALARM. It shall be unlawful for any person to turn a false alarm of fire or turn in an alarm without reasonable or proper cause. It shall be unlawful for any person to aid or abet the turning in of a false alarm of fire.

6-203 OBSTRUCTING FIRE HYDRANT. It shall be unlawful for any person to place or cause to be placed, upon or about nay fire hydrant any rubbish, building material, fence, or other obstruction of any character whatsoever, or in any manner to obstruct, hinder, or delay the fire department in the performance of its duties in case of fire. It shall be unlawful for any person to hitch or cause to be hitched to any fire hydrant, any animal or animals, or fasten to same any guy rope or brace, or back or stand any wagon, truck automobile, or other vehicle within 15 feet of any such hydrant.

6-204 MISUSE OF EQUIPMENT. It shall be unlawful for any person or persons to use any fire apparatus or equipment for any private purpose, or willfully and without proper authority remove, take away, keep or conceal any tool, appliance or other article in use by or under the control of the fire department.

6-205 PENALTY. Any person, firm or corporation violating any of the provisions of this article or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not less than $5 nor more than $100. A separate offense shall be deemed committed upon each day during which or on which a violation occurs or continues.

6-206 BURN BAN. (ORD. 308, 05/10/00). When in the opinion of the Ottawa County Board of Commissioners there exists a condition of extreme fire danger and the board has passed a resolution banning any type of open burning, the City of Bennington shall automatically recognize that burn ban and shall follow the procedures as outlined in the “Standard Operating Procedures for Imposing and Lifting Ottawa County Burning Ban” as promulgated by the Ottawa County Emergency management Director.

ARTICLE 3. FIREWORKS (ORD. 334, 05/28/13)

6-301 DISCHARGE OF FIREWORKS: TIMES PROHIBITED. It shall be unlawful for any person to discharge, fire or ignite any lawful fireworks before 9:00 o’clock a.m. on the 1st of July and ending at 11 o’clock p.m. on the 5th day of July of any year: Lawful fireworks may be discharged between the hours of 9:00 o’clock a.m. and midnight on the 1st through the 4th and 8:00 ‘/clock a.m. and 11:00 p.m. on the 5th of July. Provided, that the governing body may grant permission for the public display of lawful fireworks by responsible persons. Such display shall be of such a character and so located, discharged and fired as shall not be hazardous to surrounding property or endanger any person or persons.

6-302 DISCHARGE IN STREETS UNLAWFUL. It shall be unlawful for any person to discharge, ignite or fire any fireworks upon the public streets, alleys or avenues or in any park or public place or within the fire limits as set forth in Section 6-101; Provided, that permission may be granted for public displays as set forth in Section 6-301, in public parks.

6-303 THROWING PROHIBITED. It shall be unlawful for any person to throw, cast or propel fireworks of any kind in the direction of or into the path of any person or group of persons, or from, in the direction of or into any vehicle of any kind.

6-304 RESTRICTIONS AS TO GASOLINE INSTALLATIONS. Fireworks shall not be stored, kept, sold or discharged within 50 feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of 1 gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.

6-305 FIREWORDS STANDS. A. The owner or manage or operator of each proposed fireworks stand shall make an application for the right to operate a stand with the city prior to the regular scheduled city council meeting June of each year. B. The city shall establish regulations covering safety procedures in the operation of fireworks stands. C. The city council shall examine each application and shall give the applicant an opportunity to have a hearing should the application be denied. D. There shall be a license fee of $10. E. This section is to be construed to be in compliance with K.S.A. 31-133 and those regulations promulgated in compliance therewith.

6-306 SALE OF FIREWORKS. It shall be unlawful for any person to sell any fireworks within the city limits before 8:00 am on the 1st day of July and after midnight on the 4th day of July of any year. It shall also be unlawful for any person to sell any fireworks without first obtaining a permit to do so from the city council.

6-307 PENALTY. Any person violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum no less than $25, but not exceeding $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

ARTICLE 4. GAS AND LIQUIDS PROHIBITED (ORD. 351, 05/22/08)

6-401 GASES AND LIQUIDS PROHIBITED. The above-ground storage of flammable liquids and liquefied gases such as gasoline, kerosene, naphtha, distillate, fuel oil, crude oil solvent, LP gas, propane gas, or any related combustible liquid or gas is hereby PROHIBITED within the city limits of the City of Bennington, Kansas, except as herein provided.

6-402 SAME, ABOVE GROUND. All reference to liquid or gas in this ordinance shall be all of those described in Section 6-401 hereof which are above-ground.

6-403 BULK OIL STATIONS AND SERVICE STATIONS: RULES AND REGULATIONS. The storage, handling and use of flammable liquids, and the design construction and installation of containers and equipment for the storage and hauling of flammable liquids at bulk stations and service stations within the city, shall be in compliance with the Rules and Regulations of the State Fire Marshal Office, Article 7 as filed with the Reviser of Statutes, effective May 10, 1993, and said Rules and Regulations are hereby incorporated by reference as provided by law and made a part of this article as if the same had been set out in full herein, and further, shall also be in compliance with the Rules and Regulations of the State Environmental Protection Agency as filed with the Reviser of Statutes and said Rules and Regulations are hereby incorporated by reference as provided by law and made a part of the Article as if the same had been set out in full herein.

6-404 MAXIMUM CAPACITY ALLOWANCE. In residential areas, flammable liquids and liquefied gas may only be stored above ground in a container not to exceed a maximum capacity of 5 gallons, and no more than 4 containers may be used, for a total of 20 gallons in the aggregate. Except that, with approval of the governing body, propane may be stored in such areas which have no natural gas pipeline available.

6-405 EXISTING BULK STORAGE ALLOWED. Storage of liquid or gas in existence on the effective date of this ordinance may remain without approval. For purposes of this section, the city clerk shall maintain a current list of those locations.

CHAPTER VII: HEALTH AND SANITATION.

Article 1 Health Nuisances Article 2 Refuse Regulations Article 3 Sewer Regulations

ARTICLE 1. HEALTH NUISANCES (ORD. 260, 04/14/93)

7-101 DEFINITIONS: A. For the purpose of this article, PUBLIC NUISANCE is defined as any person, corporation, partnership or association committing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition to exist, which act, omission or condition either: a. Injures or endangers the welfare, health or safety of others; or b. Is offensive, unsightly or hazardous; or c. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any public or private street, highway, sidewalk, alley, ditch drainage or any public easement; or d. Essentially interferes with the use of property of others, or tends to depreciate the value of the property of others. B. For the purpose of this article, MAINTENANCE OF A PUBLIC NUISANCE is defined as the placing, depositing, leaving or permitting to be or remain on any public or private property the following described material, items or debris, provided, however, that the following listing should not be construed as conclusive, limiting or restrictive: a. Filth, excrement, lumber, concrete blocks, rocks, bricks, dirt, cans, paper, trash, metal, disabled automobiles and/or parts or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied; b. All dead animals not removed within 24 hours after death; c. Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors; d. All stagnant ponds or pools of water; e. All grass, bushes, shrubbery, weeds, or other unsightly vegetation not usually cultivated or frown from domestic use or to be marketed or for ornamental purposes; f. Abandoned iceboxes, freezers, refrigerators or similar appliances kept outdoors on the premises under the control of any person not in actual use, it must be kept locked by a locking device that is an internal part of the appliance or by a chain or padlock, except for the time that the owner thereof is placing articles in or removing articles from said appliance; this subsection shall not apply to commercial ice machines or commercial ice storage appliances when in actual use; g. All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of any neighborhood; h. Any fence, structure, thin or substance placed upon or being upon any street, sidewalk, alley, easement or public ground so as to obstruct the same, except as permitted by the laws of the city. i. Any condition which provides harborage for rodents, rats, mice, snakes or other vermin; j. Pollution of any public or private well, stream, lake, or other body of water by sewage, dead animals, industrial waste or other substances; k. Any building, structure, or other place or location where any activity in violation of local, state or federal law is frequently conducted or maintained. Tow (2) such violations which in a 1 year period shall be deemed to be frequent; l. Dense smoke, noxious fumes, gas, or any other substance released into the air which may be injurious to the public health.

7-102 ACTS PROHIBITED. It shall be unlawful for any person, corporation, partnership or association to cause, or permit the creation or maintenance of a public nuisance within the city.

7-103 PUBLIC OFFICER. The mayor shall designate a public officer to be charged with the administration and enforcement of this article.

7-104 COMPLAINTS; INQUIRY AND INSPECTION. The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist by the board of health, chief of police or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings.

7-105 RIGHT OF ENTRY. It shall be a violation of this ordinance to deny the public officer the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.

7-106 NOTICE. Any person, corporation, partnership or association found by the public officer to be in violation of Section 7-102 shall be served a notice of such violation. The notice shall be served by restricted mail, postage prepaid, return receipt requested; provided, that if the owner of his or her agent in charge of the property is a resident of Ottawa County, Kansas, the notice may be personally served by the public officer or a law enforcement officer.

7-107 SAME; CONTENTS. The notice shall state the condition(s) which is (are) in violation of this article. The notice shall also inform the person, corporation, partnership or association that: A. He, she or they shall have 10 days from the date of serving the notice to abate the condition(s) in violation of this article; or B. He, she or they have 10 days from the date of serving the notice to request a hearing before the governing body of the matter as provided by Section 7-110. C. Failure to abate the conditions(s) or to request a hearing within the time allowed may result in prosecution as provided by Section 7-108 and/or abatement of the condition(s) by the city as provided by Section 7-109.

7-108 FAILURE TO COMPLY; PENALTY. Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing the public officer may file a complaint in the municipal court of the city against such person, corporation, partnership or association and upon conviction of any or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been serviced shall constitute any additional or separate offense.

7-109 ABATEMENT. In addition to, or as an alternative to prosecution as provided in Section 7-108, the public officer may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to Section 7-106 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in Section 7-107. The public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot of parcel of ground on which the nuisance was located as provided in Section 7-111. A copy of the resolution shall be served upon the person in violation in one of the following ways: A. Personal service upon the person in violation; B. Service by restricted mail, postage prepaid return receipt requested; or C. In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.

7-110 HEARING. If a hearing is requested within the 10 day period as provided in Section 7-107, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute to a waiver of the person’s right to contest the finding of the public officer before the governing body. The hearing shall be held by the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least 5 days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body. The hearing need not be conducted according to the formal rules of evidence, upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the manner provided in Section 7-109.

7-111 COSTS ASSESSED. If the city abated the nuisance pursuant to Section 7-109 the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The city clerk shall, at the time of certifying other taxes to the county clerk, certify the costs as provided in the section. The county clerk shall extend the same on the tax roll and it shall be collected by the county treasurer and pain to the city as other city taxes are collected and paid.

ARTICLE 2. REFUSE REGULATIONS

7-201 DEFINITIONS: A. Solid Waste (includes residential solid waste, garbage or food waste, rubbish, trash, and industrial waste) a. Residential Solid Waste includes garbage, refuse, rubbish, trash, etc., resulting from the normal household activities. b. Industrial Solid Waste includes any waste resulting from commercial or industrial operations. c. Garbage or Food Waste includes animal, vegetable, or mineral matter derived from the preparation or packaging of foodstuffs. d. Rubbish and Trash includes combustibles such as paper, wood, yard trimmings, leaves, etc., and noncombustible such as metal, glass, stone, and dirt. Also tree stumps, tree trunks, or tree trimmings, lumber, bricks and other residue from demolition of buildings, and automobile or machinery parts from wrecked vehicles. B. Residence means a swelling unit such as a home, mobile homes, and multi- family dwellings containing one or two dwelling units and not including hotels or motels or multi-family dwellings with 3 or more dwelling units. Each unit of a multi-family dwelling should be considered a separate dwelling unit for the purpose of billing C. Commercial Establishment included mercantile, industrial, business assembly, public institutional, and all other establishments commonly designed as such or commonly considered non-residential. a. Small Commercial Establishment is one which accumulates not more than 30 gallon containers of solid waste weekly. b. Large Commercial Establishment is one that accumulates more than three 30 gallon containers of solid waste weekly. D. City includes all that area within the corporate limits of Bennington, Kansas. E. County includes all that area within the political boundaries of Ottawa County. F. Contract Hauler is any individual or business which contracts for the collection and disposal of solid wastes for hire, and who is licensed by the county for this purpose.

7-202 BURNING. There shall be absolutely no outside open burning of any refuse, including garbage and trash as herein defined, and also including waste products resulting from building operations or solid waste resulting from industrial operations or any tree stumps, tree trunks or tree trimmings, without first obtaining a special permit from the city clerk. The Mayor of the City of Bennington may proclaim certain times and days for the burning of leaves.

7-203 OBLIGATIONS OF OCCUPANTS: STORAGE CONTAINERS. (ORD. 289, 07/10/96) A. Every owner or occupant of a dwelling or commercial establishment shall keep his/her premises in a clean and sanitary condition and free from any accumulations of any type of solid waste as defined herein, and each owner or occupant of any such premises shall dispose of all garbage and trash or other refused in a clean and sanitary manner by placing such refuse in an approved storage container as hereinafter described. B. Solid waste shall be collected not less than once weekly. C. It shall be the duty of every person in possession or control of any residence or commercial establishment, ring rubbish, trash, residential or solid wastes or food wastes. Such containers or enclosures shall be wind proof, water tight, fire resistant and shall be provided with a tightly fitted cover or lid, shall be of sufficient size to hold accumulations of waste. Residential containers shall not exceed 32 gallons capacity. Commercial containers may be of such size as approved by contract haulers. All containers shall be kept closed at all times except when dumping garbage or trash therein or when taking garbage and trash there from.

7-204 COLLECTION OF SOLID WASTE. (ORD. 256, 01/22/09) A. Collection of Solid Waste will be done at the alley or easement. Only under circumstances approved by the Bennington City Council shall the solid waste be removed at the street or highway. B. It shall be the duty of every person in possession or control of any residence or commercial establishment to collect each week, and transport or cause to be transported by a contract hauler to the county landfill, accumulations of solid wastes on his or her premises. C. Such oiled wastes may be transported to the county landfill by any individual, provided the vehicle used for transportation shall be constructed with water tight bodies, and shall be fully enclosed or capable of being securely covered. D. It shall be unlawful for any individual to transport solid waste for others for hire without first obtaining a license from the County. E. Trash receptacles must be removed from the alley or street easement within 24 hours of pickup. F. Any person, firm, or corporation violating any of the provisions of this ordinance shall, upon conviction, be punished by a fine of not less than $25 nor more than $500, and each day of failure to comply with such provision of ordinance shall constitute a separate offense.

7-205 COUNTY LANDFILL FEE. (ORD. 258, 01/13/93) The county commissioners in addition to the city will charge $.50 for administration purposes.

7-206 BILLING. Bills for fees for the use of the county landfill shall be rendered monthly and shall be added to the water service bill, and are hereby declared to be a part thereof, and that the refusal to pay any part of such bill, for any period of service, shall be sufficient cause for discontinuing water service. All bills shall be payable on or before the 15th day of the month rendered, and after this date they shall become delinquent. If unpaid, a penalty amount shall be added to all bills on the 1st day of the month after they become delinquent. This penalty shall be in the amount of 20% of the total monthly bill, but in no case shall it be less than $1, when considered with delinquent payments of water service charges and sewer service charges. A delinquency and termination notice shall be issued after a bill is delinquent, which shall provide the customer of record with the following information: A. the amount due on the unpaid balance B. The amount of the delinquency penalty C. The customers right to a hearing before the city council D. Notice that service will be terminated in 15 days if the bill remains unpaid E. The request for a hearing must be no later than 3 working days before the date of discontinuance F. Such hearings will be conducted at the next regular meeting of the city council unless the customer is notified of a special hearing date G. A fee of $5 will be charged to reinstate such service.

7-207 PROHIBITED PRACTICES. It shall be unlawful for a person, firm or corporation to: A. Dispose of solid wastes in any container other than that owned or leased by him or under his control without written consent of such owner and with the intent of avoiding payment of the county landfill charge. B. Deposit solid wastes at any place or in any manner other than described herein. C. Bury any garbage or solid wastes on any private or public premises

7-208 PENALTY. Any person, firm, or corporation violating any of the provisions of this ordinance shall, upon conviction, by punished by a fine of not less than $10 nor more than $100, and each day of failure to comply with such provision of this ordinance shall constitute a separate offense.

ARTICLE 3. SEWER REGULATIONS (ORD. 310, 06/14/00)

7-301 DEFINITIONS. Unless the contest specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: 1. “BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 degrees, expressed milligrams per liter. 2. “Building Drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face to the building wall. 3. “Building Sewer” shall mean a sewer receives both surface runoff and sewage. 4. “Combined Sewer” shall mean a sewer receives both surface runoff and sewage. 5. “Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce. 6. “Industrial Wastes” shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. 7. “Natural Outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater. 8. “Person” shall mean any individual, firm, company, association, society, corporation, or group. 9. “pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. 10. “properly Shredded Garbage” shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewer, with no particle, greater than one-half (1/2) inch (1.27 centimeters) in any dimension. 11. “Public Sewer” shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. 12. “Sanitary Sewer” shall mean a sewer which carries sewage and to which storm, surface, and groundwater are not intentionally admitted. 13. “Sewage” shall mean a combination of the water-carried wastes from residents, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present. 14. “Sewage Treatment Plant” shall mean any arrangement of devices and structures used for treating sewage. 15. “Sewage Works” shall mean all facilities for collecting, pumping, treating and disposing of sewage. 16. “Sewer” shall mean a pipe or conduit for carrying sewage. 17. “Shall” is mandatory; “May” is permissive. 18. “Slug” shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. 19. “Storm Drain” (sometimes termed “storm sewer”) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. 20. “Superintendent” shall mean Sewage Words and/or of Water Pollution Control of the City of Bennington, or his authorized deputy, agent, or representative. 21. “Suspended Solids” shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. 22. “Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.

7-302 PERMIT: APPLICATION, FEE 1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent. 2. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner of his agent shall make application on a special form furnished by the City of Bennington. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of ($25.00) Twenty-five dollars for a residential or commercial building sewer permit and ($50.00) Fifty dollars for an industrial building sewer permit shall be paid to the City at the time the application is filed. 3. No permit shall make connection of roof down spouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. 4. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.

7-303 SEWER CONNECTIONS. 1. The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the City of Bennington and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City of Bennington, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions for this ordinance, within ninety (90) days after the date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. 2. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City of Bennington from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 3. No permit shall make connection of rood down spouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. 4. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.

7-304 SEWER AND WATER CONNECTIONS OUTSIDE CITY. Connection with the sewer system, may be provided to property owners outside the city limits, or outside the limits of the sewer district, if said patrons will furnish all lines from the existing sewer and water mains to their respective properties, which lines will be placed and laid without any expense to the city whatsoever, and the said property owners shall be responsible for obtaining all easements and right-of-ways for said lines from the city limits to their properties, and shall be responsible for maintenance of said lines outside of the city limits.

Application for such service shall be made to the city council who may approve or reject such application at their discretion. In addition to the above sewer connection fee such user shall pay a monthly fee of two (2) times that of a residence within the city limits. Nonpayment of such charge shall be cause to discontinuing service to such property.

7-305 SANITARY SEWER CONNECTION: REQUIRED: WHEN: BOARD OF HEALTH: SPECIAL ASSESSMENT. If any person shall fail, neglect or refuse to connect any building or buildings and premises with the sewer system for more than ten (10) days after being notified in writing by the governing body of the city to do so, the governing body may cause the premises and buildings to be connected with the sewer system. The governing body shall thereupon advertise by one (1) publication in the official city paper, describing the premises and giving at least ten (10) days’ notice for bids for the construction and making of such sewer connections and shall contract therefore the lowest responsible bidder or bidders, causing such premises to be connected with the city sewer system. The costs and expense thereof shall be assessed against the property and premises so connected, such assessment to be made in the same manner as other special assessments are made.

7-307 CESSPOOL: SPETIC TANKS. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. It shall be unlawful for any person, firm or corporation to connect to or drain into any city sewer, and slop hopper, septic tank or cesspool.

7-308 PRIVATE SEWAGE DISPOSAL SYSTEM, CONSTRUCTION, PERMIT, COMPLIANCE. 1. Where a public sanitary or combined sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article 2. Before commencement of construction of a private-sewage-disposal system the owner shall first obtain a written signed by the Superintendent. The application for such permit shall be made on a form furnished by the City of Bennington, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary the Superintendent. A permit and inspection fee of ($25.00) Twenty-five dollars shall be paid to the City at the time the application is filed. 3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the application for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 3 full business days of the receipt of notice by the Superintendent. 4. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Kansas. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is let than (10,000) ten thousand square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. 5. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article 3, Section 4, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. 6. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City of Bennington. 7. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. 8. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

7-309 SEWER LINE FROM HOUSE. 1. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Bennington. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. 2. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

7-310 EXCAVATIONS: BACKFILLING. 1. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. 2. No backfilling shall be done until the work has been inspected by the superintendent of utilities. The excavation in any road bed to the lateral or main shall be backfilled, tamped and water settled with water from a hose or other source within reasonable time and maintained to conform to the proper level of the street.

7-311 STORM WATER IN SANITARY SEWER; STORM SEWERS. 1. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof, runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. 2. Storm water and all other unpolluted drainage shall be discharged to such sewer as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet.

7-312 UNLAWFUL DEPOSITS 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property with the City of Bennington, or in any area under the jurisdiction of said City of Bennington, any human or animal excrement, garbage, or other objectionable waste. 2. It shall be unlawful to discharge to any natural outlet within the City of Bennington, or in any area under the jurisdiction of the City of Bennington, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. 3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer. a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. b. Any waters or wastes containing toxic or poisonous solids, liquids, or gases ins sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard to the receiving wastes of the sewage treatment plants, including by not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer. c. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, ungrounded garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.

4. No permit shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibits are: a. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees Celsius) b. Any water or wastes containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (65 degrees Celsius). c. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.75 hp metric) or greater shall be subject to the review and approval of the Superintendent. d. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. e. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; wastes exerting any excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limited established by the Superintendent for such materials. f. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. g. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State and Federal regulations. h. Any waters or wastes having a pH in excess of (9.5). i. Materials which exert or cause: a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime, slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate). b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). c. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein. d. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein. j. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot met the requirements of other agencies having jurisdiction over discharge to the receiving waters.

7-313 PRELIMINARY TREATMENT; REJECTION; QUANTITY & QUALITY CONTROL OF WASTE; PAYMENT OF ADDED COST; MAINTENANCE. 1. Any waters or wastes having (1) a 5-day BOD greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than 2% of the average sewage flow of the City, shall be subject to the review of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the suspended solids to 350 parts per million by weight, or (2) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

2. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substance or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, process, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Superintendent may: a. Reject the wastes, b. Require pretreatment to an acceptable condition for discharge to the public sewers, c. Require control over the quantities and rates of discharge, and/or d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of the Article. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances and laws.

3. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

7-314 GREASE, OIL AND SAND INTERCEPTORS. Grease oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

7-315 INDUSTRIAL WASTES: CONTROL MANHOLE. 1. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. 2. All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest editions of “Standard Methods for the examination of Water and Wastewater”., published by the American Public Health Associations, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has be required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analysis involved will determine whether a 24 hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, by not always, BOD and suspended solids analysis are obtained from 24 hour composites of all outfalls whereas pH’s are determined from periodic gab samples.) 3. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City of Bennington and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.

7-316 DISALLOWED SERVICE. No garages, motor vehicle service stations, repair shops, stables or dairies shall be allowed to connect their was racks to the sewer system.

7-317 TRAPS. Each fixture is to have a trap which is to be placed as near to each particular fixture as possible. In no case shall traps be place at or near the foot of a vertical drain. For wash basins, kitchen sinks, wash tubs, bathtubs and the like, the regulation S or P trap shall be used, except that for bathtubs, kitchen sinks or washtubs a tub trap may be used.

7-318 MOLESTING SEWERS. No unauthorized person shall maliciously, willfully, or negligently break damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works, any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. No person shall injure or destroy any public sewer, or molest any sewer, or any part thereof, by removing the cover of any manhole or other part of the public sewer system without the authority of the governing body.

7-319 INSPECTION, OBSERVATION, MEASURMENT, SAMPLING AND TESTING. 1. The Superintendent and other duly authorized employees of the City of Bennington, bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct hearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. 2. While preforming the necessary work on private properties referred to in Article VII, Section 1 above, the Superintendent or duly authorized employees of the City of Bennington shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V, Section 8. 3. The Superintendent and other duly authorized employees of the City of Bennington bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

7-320 VIOLATION; PENALTY. 1. Any person found to be violating any provision of this ordinance except Article VI shall be served by the City of Bennington with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 2. Any person who shall continue any violation beyond the time limit provided for an Article VIII, Section 1, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $100 for each violation. Each 24 hour period in which any such violation shall continue shall be deemed a separate offense. Any person, firm, or corporation violating any provisions of this article, or doing any of the acts or offense. Any person, firm, or corporation violating any provisions of this article, or doing any of the acts or things prohibited by the article, or failing or refusing to perform any duty impose by this article shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned for not to exceed 30 days, or be both so fined and imprisoned. 3. Any person violating any of the provisions of this ordinance shall become liable to the City of Bennington for any expense, loss, or damage occasioned the City by reason of such violation.

CHAPTER VIII: PUBLIC OFFENSES.

Article 1 The Uniform Public Offense Code Article 2 Supplementary Offenses

ARTICLE 1. THE UNIFORM PUBLIC OFFENSE CODE (ORD.338, 10/13/04)

8-101 INCORPORATING UNFIORM PUBLIC OFFENSE CODE. There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of Bennington, Kansas, that certain code known as the “Uniform Public Offense Code”, Edition of 2004, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. No fewer than three copies of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Adopted by Ordinance No. 338”, 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.

ARTICLE 2. SUPPLEMENTARY OFFENSE (ORD. 338, 10/13/04)

8-201 DISTURBING HE PEACE. 1. It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or nay noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others within the City of Bennington. 2. It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio receiving set, television, musical instrument, phonograph, or other matching or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitant or at any time with louder volume than is necessary for the convenient hearing for the person or persons who are in the room or camper in which such machine or device is operated and who are voluntary listeners thereto. “Neighboring inhabitants” shall include persons living within or occupying residential districts of single or multi-family dwellings and shall include areas where multiple-unit dwellings and high-density residential districts are located. 3. No person shall congregate with other persons because of, participate in, or be in any part or gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons resigning in any residential area. No person shall visit or remain within any residential dwelling unit except persons who have gone there for the sole purpose of abating said disturbance. A police officer may order all persons present in any group or gathering from which such sound emanates, other than the owners or tenants of the dwelling unit, to immediately disperse in lieu of being charged under this section. Owners or tenants of the dwelling unit shall immediately abate the disturbance and, failing to do so, shall be in violation of this section 4. It shall be unlawful for any person, while operating, driving, or parking in a motor vehicle, to use or operate any electronic sound in such a manner that it disturbs the peace, quiet and comfort of persons in the vicinity of this section if the sound emanating from the electronic device, radio, television, tape player, compact disc players or other device for producing or reproducing sound in or on the motor vehicle is clearly audible from a distance of 50 feet. 5. Statement of intent. No provisions of this section shall be construed to limit or abridge the rights of any person to peacefully assemble and express opinions. It is the purpose of this Section to protect individuals form unreasonable intrusions caused by excessive, unnecessary, unreasonable or unusually loud noises.

8-202 CURFEW. (ORD. 363, 03/11/09). It shall be unlawful for any minor person under the age of 18 to be upon any of the public streets or alleys or parks in the city between the hours of 10 o’clock p.m., and 5 o’clock a.m., unless said child is accompanied by one of his or her parents or guardian. Any child found to be in violation of this section can be taken to the Bennington City Office or the Ottawa County Sheriff’s Office in Minneapolis and the child’s parents or guardian will be contacted by telephone to pick the child up. On a second violation of this section the parents or guardian sill be fined $25. On a third or subsequent violation of this section the parents or guardian will be fined $100. Nothing in this section shall prevent the city from turning this matter over to the juvenile authorities and having the child prosecuted in juvenile court as a law offender.

CHAPTER IX: STREETS, SIDEWALKS AND PUBLIC PROPERTY

Article 1 Street Regulations Article 2 Sidewalks Article 3 Curbs Cuts Article 4 Consolidating Street and Highway Fund

ARTICLE 1. STREET REGULATIONS

9-101 STREETS, OBSTRUCTING. It shall be unlawful for any person, firm or corporation to obstruct any street, alley or sidewalk by placing any object, material or vehicle so as to prevent or interrupt traffic thereto unnecessarily.

9-102 WARNING BARRICADES, LIGHTS. (K.S.A. 68-2102). Every person who shall cut any pavement or make any excavation or obstruction in any of the public thoroughfares or public grounds within the city, or so near such public thoroughfares and public grounds as to be dangerous to hose traveling upon such streets and grounds, shall establish and maintain sufficient substantial barricades amount such cutting or excavation or obstruction to warn the public and prevent users of the sidewalks and public thoroughfares from being damaged because thereof. During the nighttime’s, such person shall, in addition to such barricades and warning signs, maintain a sufficient number of red lights and/or torches to effectively warn the users of sidewalks and public thoroughfares of the existence of danger.

9-103 REMOVAL OF BARRICADES. It shall be unlawful for any person to move or remove barricades or protective devices placed in accordance with section 9-102, without proper authority.

9-104 CLEATED OR FLANGED WHEELS ON PAVEMENT PROHIBITED. It shall be unlawful for any person to drive or operate any vehicle equipped with cleated or flanged wheels upon any of the paved streets or alleys of the city in such manner as to cause injury or damage to such paved street or alley.

9-105 DAMAGE TO PAVING OR CURBS. It shall be unlawful for any person to break, damage or injure any paving or curb on any street or alley of the city.

9-106 DAMAGE TO STREETS. It shall be unlawful for any person to pull, drag, or haul in such a manner as to damage the streets or alleys, any vehicle, machinery, trees, or shrubs.

9-107 PENALTY. Any person, firm or corporation violating any provisions of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article, shall upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

ARTICLE 2. SIDEWALKS

9-201 REPAIR: CONSTRUCTION. Whenever the governing body determines that any sidewalk is in the need of repair, or that nay new sidewalk is necessary, the governing body shall proceed in accordance with the provisions of Article 18 or Chapter 12 of the Kansas Statutes Annotated Residential sidewalks will be 45 inches wide and 4 inches deep, of concrete material.

9-202 PROPERTY OWNERS: DANGEROUS ADJACENT SIDEWALKS. It shall be unlawful for any owner of property within the city to permit a sidewalk in the city to cause to be removed from such sidewalks all snow, ice and mud and to keep such sidewalk at all times free from the accumulation of snow, ice and mud.

9-203 SNOW, ICE AND MUD TO BE REMOVED. It is hereby made the duty of the owner or the occupant of any lot or lots abutting upon any sidewalk in the city to cause to be removed from such sidewalks all snow, ice and mud and to keep such sidewalk at all times free from the accumulation of snow, ice and mud.

9-204 CITY MAY REMOVE SNOW: SPECIAL ASSESSMENT. If he owner or occupant of any lot or lots shall refuse or neglect to clean or remove from sidewalks abutting said lot or lots all snow, ice and mud, the city may cause all snow, ice and mud to be removed from said sidewalks and shall assess the cost of such removal against such abutting lot or lots and such cost shall be collected in the same manner as is set forth in Chapter VII, Section 7-101.

9-205 PENALTY. Any person, firm or corporation violating any provision of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

ARTICLE 3. CURBCUTS

9-301 CURB CUTS: PERMISISON. It shall be unlawful for any person, firm, or corporation cut, break, remove or otherwise injure any street curb or curbing, without having first obtained the approval of the governing body and having complied with the provisions of this article.

9-302 CURB CUT: APPLICATION FOR PERMISSION: BOND: STREET COMMISSIONER. In all cases in which any person, firm or corporation shall seek to cut or break any curb or curbing for the purpose of providing street access to any property, or for other purposes, such person, firm or corporation shall file with the city clerk, in writing, an application for permission to so cut or break the curb or curbing. The application shall be accompanied by a cash bond in the amount of $50. Such bond shall be conditioned upon such person firm or corporation complying with the provisions of this article. At the time of filing said application, such person, firm or corporation shall indicate by the provisions of this article. At the time of filing said application, such person, firm or corporation shall indicate by stakes or otherwise the exact place or places where such curb or curbing is proposed to be cut or broken. Upon receiving such application and bond, the city clerk shall immediately refer the same to the city street commissioner who shall inspect the place or places where such cutting or breaking is proposed to be done for the purpose of advising the governing body as to whether such approval should be granted. The street commissioner shall than present said application to the governing body at their next regular meeting together with his recommendations as to whether approval should be given. The curb cuts shall not be less than 12 feet wide no more than 24 feet wide. Replacing the curb into a driveway shall be at a radius approved by the governing body.

9-303 CRUB CUT: PERMISSION REFUSED. If the governing body disapproved an application, the same shall, together with the bond, be returned to the applicant by the city clerk, who shall note that the application has been disapproved and set forth the reason or reasons for disapproval.

9-304 CURB CUT: SUPERVISION OF CONSTRUCTION: TIME LIMIT. If the governing body shall approve such application, the city clerk shall so notify the said applicant. All cutting, breaking, altering or removing of any curb or curbing shall be done as the city street commissioner shall direct. No curb cut shall be made without removal of a complete section and the replacement thereof with new construction. The street commissioner shall give final approval if the work has been performed according to the terms of this article. All such work shall be completed, and final approval obtained within a period of not to exceed 60 days from the date of approval of the application by the governing body.

9-305 CURB CUTS: UTILITIES. If it shall be necessary in the cutting, breaking, altering or removing of any curb or curbing for which said approval has been obtained, that any utility line, wire, cable, pipe, conduit, meter, meter box or other utility structure be altered or moved, than the cost thereof shall be paid by the applicant o the city clerk before final approval may be given by the street commissioner.

9-306 CURB CUT: BOND FORFEITURE. In the event that final approval by the street commissioner is not obtained within a period of 60 days from the date of the approval of such application by the governing body as provided for in Section 9-304 of this article, or if the costs of altering or mobbing any utility structure, as provided in Section 9-305 hereof, are not paid within said period of time, such failure shall constitute a violation of this article, and in addition said bond shall forthwith be forfeited to the city to be deposited in the street and alley fund.

9-307 CURB CUT: RETURN OF BOND. Upon the completion by such applicant of all work authorized hereunder, and the receiving of final approval thereof, by the city street commissioner, the city clerk shall forthwith return to such applicant the cash bond herein required.

9-308 CULVERTS FOR DRIVEWAY. Where is decided by either the property owner or the governing body of the city, that a culvert shall be installed for entrance onto the property involved from either the street or alley, said culvert shall be installed by the city of a size determined adequate by the street commissioner and at the expense of the property owner.

9-309 PENALTY. Any person, firm or corporation violating any provision of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

ARTICLE 4. CONSOLIDATING STREET AND HIGHWAY FUND

9-401 ESTALISH STREET AND HIGHWAY. There is hereby established a consolidated street and highway fund. Monies received by the city from the State of Kansas under the provisions of K.S.A 68-416 and 79-3425c, and amendments thereto, shall be credited to said fund.

9-402 ANNUAL BRDGETING OF FUNDS. The city is hereby authorized to annually budget the transfer of monies in the general or operating funds budgeted for street and highway purposes to said consolidated street and highway fund.

9-403 USE OF FUNDS. Any monies received by the city pursuant to subsection (b) (3) of K.S.A. 68-416, and amendments thereto, and credited to such fund shall be used solely for the maintenance of streets and highways in the city designated by the Secretary of Transportation as city connecting links.

CHAPTER X: TRAFFIC

Article 1 Standard Traffic Ordinance Article 2 Additional Traffic Regulations

ARTICLE 1. STANDARD TRAFFIC ORDINANCE (ORD. 337, 10/13/04)

10-101 STANDARD TRAFFIC ORDINANCE INCORPORTATED. There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the city that certain standard traffic ordinance known as the “Standard Traffic Ordinance of Kansas Cities”, edition of 2004, prepared and published in book form by the Kansas League of Municipalities, Topeka, Kansas. Not less than 3 copies of said Standard Traffic Ordinance shall be marked or stamped official copy and filed with the city clerk to be open to inspections and available to the public at all reasonable hours. The police department, municipal judge and all administrative departments of the city charge with the enforcement of the ordinances shall be supplies at the cost of the city, such number of official copies of such Standard Traffic Ordinance, similarly as may be deemed expedient.

10-102 AMENDMENTS TO THE STANDARD TRAFFIC ORDINANCE. The following sections of the Standard Traffic Ordinance as adopted in Section 10-101 of this article shall be amended as follows:

1. Section 65 of the Standard Traffic Ordinance pertaining to crossing at other than crosswalks, jaywalking is hereby amended to delete subparagraphs (b), (c) and (d). 2. Section 51A of the Standard Traffic Ordinance relating to U-turns when no signs; Where prohibited is hereby added as follows:

Section 51A: Except emergency vehicles, the driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction at the following intersections.

1. Nelson Street and Highway 18 (Bennington Street); 2. Struble Street and Highway 18 (Bennington Street); 3. Lincoln Street and Highway 18 (Bennington Street); 4. Parker Street and Highway 18 (Bennington Street).

ARTICLE 2. ADDITIONAL TRAFFIC REGULATIONS

10-201 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 the safety of others, or in such a manner as to endanger or be likely to endanger, any person or property.

10-202 THROUGH STREETS. The following streets are designated as through streets: A. Bennington Street (Highway 18 east and west) B. Nelson Street north and south.

10-203 AUTHORITY TO DESIGNATE THROUGH HIGHWAYS, STOP AND YIELD INTERSECTIONS. The governing body of the city may be resolution designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs at one or more entrances to such intersection.

10-204 PARKING. Angle parking at the angle indicated on the curb, sidewalk or pavement or by signs is hereby permitted. There will be no parking allowed on either side of Bennington Street (Highway K-18) no on any other street determined by the governing body by resolution and so designated by signs at the appropriate places.

10-205 PARKING. Except while actually loading and unloading, no large truck or semi- trailer shall be parked on Nelson Avenue at any time.

10-206 SPEED LIMIT. The speed limit within the city limits shall be as follows unless otherwise determined by the governing body by resolution and so designated by signs at the appropriate places. A. Residential – 30 mph B. Business district – 20 mph C. School Zone – 20 mph during normal school hours. All other hours, limit will be the same as designated for that area.

10-207 INOPERABLE MOTOR VEHICLES. (05/17/2012)

A. FINDINGS OF GOVERNING BODY. The governing body finds that junked, wrecked, dismantled, inoperative, or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they: a. Serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents; b. Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on clocks, jacks or other supports; c. Are a ready source of fire and explosion; d. Encourage pilfering and theft; e. Constitute a blighting influences upon the area in which they are located; f. Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures. B. DEFINITIONS: As used in this ordinance, unless the context clearly indicates otherwise: a. Inoperable – a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed. b. Vehicle – without limitation, any automobile, truck, tractor or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time C. PRONIBITIONS AND EXCEPTIONS. It shall be unlawful for any person or his agent, either as owner, lessee, tenant, or occupant of any real property within the city, or any vehicle owner, to park, store, or deposit, or permit to be parked, stored, or deposited thereon an inoperable vehicle, unless: a. The inoperable vehicle is enclosed in a garage or other building b. The person is conducting a business enterprise in compliance with existing zoning regulations; or c. The vehicle is placed behind fencing or screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children.

However, nothing in this subsection shall be construed to authorize the maintenance of a public nuisance.

D. PRESUMPTIONS THAT A VEHICLE IS INOPERABLE. Anyone of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable. a. Absence of a current registration plate upon the vehicle; b. Placement of the vehicle or parts thereof upon jacks, blocks or other supports. c. Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway. E. NUISANCE AND ABATEMENT. Any inoperable vehicle parked, stored or deposited in a manner other than that permitted under this section is hereby declared a nuisance and may be abated under the same authority and procedure for the abatement of nuisances as set forth in Chapter 7, Health Nuisances, as it now exists or may be amended. F. DISPOSITION OF VEHICLE. Disposition of any motor vehicle removed and abated from private property pursuant to this section shall be as provided by K.S.A. Supp. 81-1102, as amended. G. PENALTY a. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be fined no less than $25 or more than $500, or imprisoned for a period not to exceed 5 days, or be both so fined and imprisoned, for each offense. Each day such violation continues to exist shall constitute a separate offense. b. Upon a conviction for violation of this section, it shall be within the court’s discretion to order that the vehicle be removed and stored at the expense of the person so convicted. H. LICENSE PLATE OBSCURED FROM VIEW. Where a vehicle is (1) parked or stored so that it is visible from a public or private street, and (2) the license plate of such vehicle is screened from view by an adjacent structure or vegetation, or by a cover, tarp or similar object, then the vehicle shall be deemed to be an inoperable vehicle subject to the provisions of this section. Such a determination may be voided if the property owner, vehicle owner or resident can furnish proof that the vehicle is not inoperable.

10-208 RECREATIONAL EQUIPMENT: PARKING (ORD. 307, 03/29/00)

A. Major recreational equipment such as boats, boat trailers, travel trailers, pick-up campers or coaches, camping buses or converted trucks, and tent trailers may be stored in residential districts provided they are not stored on any Public Right-of- Way and provided that they do not create a public nuisance. B. Recreational equipment as defined in paragraph (a) of this section may be utilized for living or sleeping purposes when parked on a residential lot or in any location not approved for such use for a period of not to exceed 14 days by following the following procedure. a. Within 14 days of bringing the recreational equipment into the City, the owner of the equipment must register the equipment with the City Clerk. b. Permission for a longer period of time must be approved by the City Council.

10-209 PARKING: PARALLEL. It shall be unlawful to park any vehicle with its left side to the curb.

10-210 PARKING: OVERNIGHT. It shall be unlawful for any person to use any street, alley, avenue or other public thoroughfare or any part or portion thereof within the city for the purpose of parking for a continuous period of over 24, nor park any vehicle, trailer or obstructions in any roadway in such a way that 20 foot roadway cannot be maintained.

10-211 PENALTY. Any person, firm, or corporation violation any of the provisions of this article or failing or refusing to perform any of the duties imposed by this article, for which another penalty is not provided, shall, upon conviction thereof, be fined in any sum not less than $10 or more than $200, or be imprisoned not to exceed 30 days, or be both so fines and imprisoned. A separate offense shall be deemed committed upon each day during which or on which a violation occurs or continues.

10-212 CERTAIN VEHICLES PROHIBITED. (ORD. 261, 05/28/12). Except as otherwise provided by this Code it shall be unlawful for any person or corporation to have a vehicle with more than 10 wheels or a pup trailer of 5,500 pounds or more in any alley or street, or any part or portion thereof described and set forth as follows: a. All of Parker Street, b. All of Lincoln Street North of the railroad track, c. All of Struble Street North of Highway K-18, d. All of Stark Street, e. All of Putnam Street, f. All of Benedict Lane, g. All of North Street h. All of Watters Street, i. All of Arlington Street, j. All of Burlington Street, k. All of Princeton Street, l. All of Lexington Street, m. All of Washington Street except between Struble Street and Stark Street, n. All alleys within the city limits excepting there from the alley from K-18 to Washington Street between Stark Street and Nelson Avenue and the alley from K-18 to Washington Street between Struble Street and Nelson Avenue and o. Provided that none of the above restrictions shall in anyway apply to Nelson Avenue and Highway K-18 p. Provided that none of the above restrictions shall in anyway apply to vehicles that are in the course of loading or unloading contents of said vehicles to property located on the above streets and alleys. q. Provided that none of the above restrictions shall in anyway apply to vehicles are traversing the above streets and alley in transit to off street parking.

10-213 PERMITS. In cases of extraordinary circumstances the city council may grant a permit to operate a vehicle of the type described on the streets or alleys as set forth above. Said permit may be obtained from the city clerk after a proper application has been made and approved.

10-214 VEHICLE PARKING. It shall be unlawful to park any vehicle or combination of vehicles attached together having an overall length in excess of 24 feet, except for the purposes of loading and unloading, upon the streets of the city, without first obtaining a permit to park said vehicle or vehicles from the city clerk.

10-215 ALLEYS. A. Purpose. It has been determined by the governing body of the city of Bennington, Kansas that the purpose for alleys in the City of Bennington is for use by the immediate property owners and is not for the use of through traffic. The governing body believed that use by the immediate owners includes ingress and egress to the property along said alley; use by utility trucks to service property along the alley; use by the city in maintaining utility lines and maintaining the alley; use by the police for protection. In addition, the governing body has determined that the alley should not be used as a thoroughfare. By thoroughfare the city uses the term as said term is used in Black’s Law dictionary, Fourth Edition, i.e. “a street or passage through which one can travel that is a street or highway affording an unobstructed exit at each end.” B. Prohibition. It shall be unlawful to drive or operate any motor vehicle upon any alley within the city except as otherwise provided. C. Exceptions. It shall be lawful for the following vehicles to use the alleys of the city: a. Garbage trucks; b. Utility and maintenance vehicles; c. Delivery vehicles delivering to residences located adjacent to the alley upon which said delivery vehicle is traversing; d. Individuals owning property adjacent to the alley upon which they are traveling; e. Vehicles used in city business; f. Police cars and emergency vehicles; g. Fire Trucks; h. Tractors; i. Service vehicles. D. Open Alleys. The following alleys shall be open to all traffic notwithstanding the above:

Alleys in Blocks One, Two, Three, and Four in the Original City of Bennington, Ottawa County, Kansas. E. Penalty. Any person violating this section shall be subject to a fine of not more than $250. 10-216 ONE-WAY STREETS AND ALLEYS. That the alley located between Washington Street and Lexington Street in the West 100 Block shall be a one-way alley, all traffic to move from North to South and that this city shall establish traffic signs on said alley to that effect.

10-217 NELSON STREET WITHIN THE CITY OF BENNINGTON, KANSAS, AS A MAIN TRAFFICWAY. (ORD. 381, 11/22/12)(K.S.A. 12-685) The governing body of the City of Bennington, Kansas (the “City”), hereby finds and determines that Nelson Street within the City should be designated and established as a main traffic way as provided by and under the authority of the Act.

CHAPTER XI. UTILITIES

Article 1. Water Service Article 2. Sewer Service Article 3. Storm Sewer Fund

ARTICLE 1. WATER SERVICE

11-101 WATER AND SEWAGE SYSTEM ESTABLISHED. The water works system of the City of Bennington, Kansas, are hereby declared to be the Water and Sewage System of the City of Bennington, Kansas.

11-102 WATER AND SEWAGE FUND COMBINED. The current operating funds of, or budgeted for each system, are hereby transferred to the Water and Sewage Fund, and hereafter all revenue collected for the water and sewage system shall be transferred to such fund for the use of such water and sewage system.

11-103 CREATION OF WATER AND SEWAGE DEPARTMENT. There is hereby created a Water and Sewage Department for the operation of the alter and Sewer system, and the mayor with the approval of the city council, may appoint such employees as may be necessary for the proper operation of the water and Sewage System.

11-104 WATER AND SEWAGE DEPARTMENT FUNDS: ACCOUNTING SYSTEM. All revenue derived from the sale of water and from the operation and management of the water and Sewage Department shall be kept in a separate fund and all warrants for expense of operating, improving, extending and maintaining said system and for interest on or repayment of principal of bonds, shall be drawn on such fund. There shall be kept records complete enough to show the cost of producing and distributing water and repairing and maintaining the waterworks plant and equipment and the sewage disposal plant, sewer lines, and such other items necessary for the management of the department.

11-105 WATER SERVICE, CONTRACT. The rates, rules and regulations established in this article shall be a part of the contract with every person, firm or corporation supplied with water by and through the waterworks system, either within or without the city. Such person, firm or corporation by applying for or accepting water shall be held and considered as consenting to be bound thereby, an in case of violation of any ordinance or regulations in force the water may be cut off from the premises of place of violation and not turned on again except by an order of the governing body or the superintendent of utilities.

11-106 WATER SERVICE, NEW CONNECTIONS. The city shall install three-quarter (3/4) inch minimum service lines and five-eight (5/8) inch minimum meters for permanent new water connections. Each and every residence or business will hereafter have a separate water service connection: provided, that if at some time prior to the passage of the Article, more than one resident or business is serviced by one meter, each shall be charged a minimum each month of service, but only one minimum gallon age will be allowed and that to the person in whose name the meter is registered; and all excess gallon age used above the minimum will be charged against the meter.

11-107 CONNECTION AND MONTHLY RATE CHARGES. (ORD. 397, 12/14/15). The city shall install the water line from the water main in the street to the nearest point on the parking bordering the property to be serviced. In the event the water main is in the alley, the City shall install the water line from the water main to the nearest point on the property to be serviced. In both cases, the city shall set the meter tile and meter at the point and the water customer will be responsible for any water line installation from that point on the premises to be served. The water customer applying for this service will pay to the City of Bennington, at the time application is made, an installation charge as set forth in the article. The following rates are hereby established and fixed for the consumption of water from the city’s water system within the cities corporate limits, and can be changed from this date forth by affirmative action of the Bennington City Council, for utility billings issued after January 1, 2016:

A. ¾ inch line, 5/8 inch meter; main service $200 plus meter tile and lid. 1. Per Month – Inside the Corporate Limits of Bennington: The first 1,000 gallons, $14.30. Between 1,001 and 10,000 gallons, $4.05 per 1,000 gallons. Between 10,001 and 20,000 gallons, $5.00 per 1,000 gallons. Between 20,001 and 40,000 gallons $5.93 per 1,000 gallons. All over 40,001 gallons, $4.05 per 1,000 gallons. 2. Per Month – Outside the Corporate Limits of Bennington The first 1,000 gallons, $16.33. Between 1,001 and 10,000 gallons, $4.21 per 1,000 gallons. Between 10,001 and 20,000 gallons, $5.20 per 1,000 gallons. Between 20,001 and 40,000 gallons, $6.17 per 1,000 gallons. All over 40,001 gallons, $4.61 per 1,000 gallons. 3. Per Year – Inside Corporate Limits of Bennington: The first 12,000 gallons, $168.30. Between 12,001 and 120,000 gallons, $4.05 per 1,000 gallons. Between 120,001 and 240,000 gallons, $5.00 per 1,000 gallons. Between 240,001 and 480,000 gallons $5.93 per 1,000 gallons. All over 480,001 gallons, $4.05 per 1,000 gallons. 4. Per Year – Outside Corporate Limits of Bennington: The first 12,000 gallons, $192.71. Between 12,001 and 120,000 gallons, $4.21 per 1,000 gallons. Between 120,001 and 240,000 gallons, $5.20 per 1,000 gallons. Between 240,001 and 480,000 gallons $6.17 per 1,000 gallons. All over 480,001 gallons $4.61 per 1,000 gallons.

B. 1 inch line, 1 meter; main service $275 plus meter tile and lid. 1. Per Month – Inside the Corporate Limits of Bennington: The first 2,500 gallons, $35.21. Between 2,501 and 10,000 gallons, $4.05 per 1,000 gallons. Between 10,001 and 20,000 gallons, $5.00 per 1,000 gallons. Between 20,001 and 40,000 gallons, $5.93 per 1,000 gallons. All over 40,001 gallons, $4.05 per 1,000 gallons. 2. Per Month – Outside the Corporate Limits of Bennington: The first 2,500 gallons, $40.38. Between 2,501 and 10,000 gallons, $4.61 per 1,000 gallons. Between 10,001 and 20,000 gallons, $5.69 per 1,000 gallons. Between 20,001 and 40,000 gallons, $6.76 per 1,000 gallons. All over 40,001 gallons, $4.61 per 1,000 gallons. 3. Per Year – Inside the Corporate Limits of Bennington: The first 30,000 gallons $419.25. Between 30,001 and 120,000 gallons, $4.05 per 1,000 gallons. Between 120,001 and 240,000 gallons, $5.00 per 1,000 gallons. Between 240,001 and 480,000 gallons, $5.93 per 1,000 gallons. All over 480,001 gallons, $4.61 per 1,000 gallons. 4. Per Year – Outside the Corporate Limits of Bennington: The first 30,000 gallons $481.31. Between 30,001 and 120,000 gallons, $4.61 per 1,000 gallons. Between 120,001 and 240,000 gallons, $5.69per 1,000 gallons. Between 240,001 and 480,000 gallons, $6.76 per 1,000 gallons. All over 480,001 gallons, $4.61 per 1,000 gallons.

C. 1 ½ inch line, 1 ½ inch meter; main service to be actual costs to the city. 1. Per Month – Inside Corporate Limits of Bennington: The first 5,000 gallons $70.12. Between 5,001 and 10,000 gallons, $4.05 per 1,000 gallons. Between 10,001 and 20,000 gallons, $5.69 per 1,000 gallons. Between 20,001 and 40,000 gallons, $5.98 per 1,000 gallons. All over 40,001 gallons, $4.61 per 1,000 gallons. 2. Per Month – Outside Corporate Limits of Bennington: The first 5,000 gallons $80.47. Between 5,001 and 10,000 gallons, $4.61per 1,000 gallons. Between 10,001 and 20,000 gallons, $5.69 per 1,000 gallons. Between 20,001 and 40,000 gallons, $5.98 per 1,000 gallons. All over 40,001 gallons, $4.61 per 1,000 gallons. 3. Per Year – Inside Corporate Limits of Bennington: The first 60,000 gallons, $838.20. Between 60,001 and 120,000 gallons, $4.05 per 1,000 gallons. Between 120,001 and 240,000 gallons, $5.00 per 1,000 gallons. Between 240,001 and 480,000 gallons, $5.98 per 1,000 gallons. All over 480,001 gallons, $4.05 per 1,000 gallons. 4. Per Year – Outside Corporate Limits of Bennington: The first 60,000 gallons, $962.33. Between 60,001 and 120,000 gallons, $4.61 per 1,000 gallons. Between 120,001 and 240,000 gallons, $5.69 per 1,000 gallons. Between 240,001 and 480,000 gallons, $6.76 per 1,000 gallons. All over 480,001 gallons, $4.61 per 1,000 gallons.

D. 2 inch line, 2 inch meter; main service to be actual costs to the city. 1. Per Month – Inside Corporate Limits of Bennington: The first 15,000 gallons, $115.51. Between 15,001 and 20,000 gallons, $5.00 per 1,000 gallons. Between 20,001 and 40,000 gallons, $5.99 per 1,000 gallons. All over 40,001 gallons, $4.05 per 1,000 gallons. 2. Per Month – Outside Corporate Limits of Bennington: The first 15,000 gallons, $132.58. Between 15,001 and 20,000 gallons, $5.69 per 1,000 gallons. Between 20,001 and 40,000 gallons, $6.76 per 1,000 gallons. All over 40,001 gallons, $4.61 per 1,000 gallons. 3. Per Year – Inside Corporate Limits of Bennington: The first 180,000 gallons, $1,382.83. Between 180,001 and 240,000 gallons, $5.00 per 1,000 gallons. Between 240,001 and 480,000 gallons, $59.00 per 1,000 gallons. All over 480,001 gallons, $4.05 per 1,000 gallons. 4. Per Year – Outside Corporate Limits of Bennington: The first 180,000 gallons, $1,587.65. Between 180,001 and 240,000 gallons, $5.69 per 1,000 gallons. Between 240,001 and 480,000 gallons, $6.76 per 1,000 gallons. All over 480,001 gallons, $4.61 per gallons.

A water customer may, on July 1st through July 31st of each year, pay twelve (12) months minimum charges in advance. The meter will then be read in June of the following year and all excess gallons used over the minimum will be billed as set forth in this article.

11-107B Water CONNECTION FEES. (ORD. 324, 10/23/02). The following water connection fees shall be charged to each water customer. A. Service charge for water connections. Business Owners will reimburse the city for actual costs incurred in installing the water line from the main to the meter. Actual costs will also include meter tile and lid. Cost from meter to the place of business is the responsibility of the property owner. B. Administrative fee of $21.20 for each new business water utility installation.

11-107C BULK WATER CHARGES. (ORD. 378, 03/08/12). Charges for all bulk water purchased from the City of Bennington, either at the bulk water building or metered through a fire hydrant, shall be $3.00 per 1,000 gallons. Gallons not metered through a fire hydrant will be estimated at the highest rate known for that fire hydrant.

11-108 METER READING: WATER SERVICE, BILLING: BILLS DUE. (ORD. 353, 06/05/08) A. All bills for use of water shall be due on the first day of each month and paid by the 15th day without a penalty. If not paid by the 2oth day, notice will be given that the supply of water will be disconnected on the 25th day and the customer will be given an opportunity for a hearing. The city is hereby authorized to charge the delinquent customer a service charge of $1.00 for mailing the notice. B. The request for a hearing must be in writing and made prior to the date of disconnections. Such hearings will be conducted before city council on the next regular meeting of the council, unless the customer is notified of a special hearing date. C. Should the water be disconnected because of non-payment, the current bill plus a reconnection fee of $25.00 must be paid by 4:00 p.m. at the office of the city clerk before service can be reconnected. Should the customer request the service be reconnected after regular office hours (emergency reconnect) the reconnection fee shall be $50.00 plus delinquent bill is not paid by 4:00 p.m. the next business day the water will be disconnected again and not reconnected until payment is before 4:00 p.m. in the office of the city clerk. D. The city shall have the authority to charge a delinquent penalty for all past due accounts. Said delinquent penalty shall be in the amount of 20% of the total water and sewer charges for the month but in no case shall the penalty amount be less than $1.00. E. The superintendent of utilities shall have the authority to make corrections, or refunds for overpayment of improper water bills due to errors in the water department, but shall have no authority to remit or diminish bills for any other reason.

11-109 METER FAILURE. In case any meter fails to register for any reason, the amount charged for water during such period shall be estimated by the superintendent of utilities; such estimate to be based on the average amount registered during a like preceding 3 periods.

11-110 METERS MOLESTING. It shall be unlawful for any person to injure, molest, or anyway interfere with any water meter, meter box, or meter box cover or to deposit dirt, stones, or rubbish of any kind in any meter box or service box.

11-111 THEFT OF WATER. It shall be unlawful for any person, persons, or corporation to use, take, or steal any water from the city, not metered or paid for, or to allow or permit any person, persons, or corporations to use, take, or steal water from their connections or fixtures, in violations of any rules or regulating prescribed for the regulation and government of such works or plant, except water for extinguishing fire.

11-112 NEW UTILITY SERVICE CUSTOMER CONNECTION. (ORD. 326, 11/26/02). New utility service customers shall pay $35.00 for utility service. Said $35.00 shall not be refundable. Customer installing new service connection is exempted from paying the Utility Service Customer Connection Fee.

11-113 PENALTY. Any person, firm or corporation violating any provisions of this article or doing any of the acts, or things prohibited by this article, or failing or refusing to perform any duty imposed by this article, for which another penalty has not been provided, shall, upon conviction thereof, be fined in any amount not to exceed $200 or be imprisoned for not to exceed 30 days, or be both fined and imprisoned.

11-114 WATER DROUGHT/EMERGENCY. (ORD. 301, 07/08/98) Section 1: Purpose: the purpose of this ordinance is to provide for the declaration of a water supply watch, warning or emergency and the implantation of voluntary and mandatory water conservation measures throughout the city in the event such a watch, warning or emergency is declared. Section 2: Definitions:  Water – as the term is used in this ordinance, shall mean water available to the City of Bennington for treatment by virtue of its water rights or any treated water introduced by the City into its water distribution system, including water offered for sale at any coin-operated site.  Customer – as the term is used in this ordinance, shall mean the customer of record using water for any purpose from the City’s water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.  Waste of water – as the term is used in the ordinance, includes, but is not limited to: o Permitting water to escape down a gutter, ditch, or other surface drain o Failure to repair a controllable leak of water due to defective plumbing

The following classes of water are established:  CLASS 1: Water used for outdoor watering; either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational areas; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.  CLASS 2: Water used for any commercial or industrial, including agricultural, purposes; except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment.  CLASS 3: Domestic usage, other than that which would be included in either classes 1 or 2.  CLASS 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.

Section 3: Declaration of Water Watch: Whenever the governing body of the City finds that conditions indicate that they probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effected upon their publication in the official city newspaper.

Section 4: Declaration of Water Warning: Whenever the governing body of the City finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall be empowered to declare by resolution that a water warning exists and that it will recommend restrictions on nonessential uses during the period of warning. Such a warning shall be deemed to continue until it is declared by resolution of governing body to have ended. The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper.

Section 5: Declaration of Water Emergency: Whenever the governing body of the City finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that will impose mandatory restriction on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official city newspaper.

Section 6: Voluntary Conservation Measures: Upon the declaration of a water watch or water warning as provided in Sections 3 and 4, the mayor is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses: A. Sprinkling of water on laws, shrubs or trees (including golf courses). B. Washing of automobiles C. Use of water in swimming pools, fountains and evaporative air conditioning systems D. Waste of water

Section 7: Mandatory Conservation Measures: Upon the declaration of a water supply emergency as provided in Section 5, the mayor is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following: A. Suspension of new connections to the City’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of the emergency. B. Restrictions on the uses of water in one or more classes of water use, wholly or in part C. Restrictions on the sales of water at coin-operated facilities or sites D. The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions. E. Complete or partial bans on the waste or water F. Any combination of the foregoing measures.

Section 8: Emergency Water Rates: Upon the declaration of a water supply emergency as provided in Section 5, the governing body of the City shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, buy are limited to: (A) Higher charges for increasing usage per unit of use (increasing block rates);(B) Uniform charges for water usage per unit of use (uniform unit rate); or (C) Extra charges in excess of a specified level of water use (excess demand surcharge).

Section 9: Regulations: During the effective period of any water supply emergency as provided for in Section 5, the mayor (or water superintendent) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this ordinance, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting.

Section 10: Violations, Disconnections and Penalties: A. If the mayor, president of the council, water superintendent, or other city official or officials charged with implementation and enforcement of this ordinance or a water supply emergency resolution learn of any violation of water use restrictions imposed pursuant to Sections 7 or 9 of this ordinance, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record or any other person known to the City who is responsible for the violation or its correction shall be provided with either actual or mail notice. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstance. If the order is not complied with, the City may terminate water service to the customer subject to the following procedures: a. He City shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a city official designated as a hearing officer by the governing body. b. If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to he heard before termination is ordered. c. The governing body or hearing office shall make findings of fact and order whether service should continue or be terminated. B. A fee of $50.00 shall be paid for the reconnection of any water service terminated pursuant to subsections (A). In the event of subsequent violations, the reconnection fee shall be $200 for the second reconnection and $300 for any additional reconnections. C. Violations of this ordinance shall be a municipal offense and may be prosecuted in Municipal Court. Any person so charged and found guilty in Municipal court of violating the provision of this ordinance shall be guilty of a municipal offense. Each day’s violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of $100.00. In addition such customer may be required by the Court to serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days. Section 11: Emergency Termination: Nothing in this ordinance shall limit the ability of any properly authorized city official for terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public.

Section 12: Severability: If any provision of this ordinance is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the ordinance and its applicability to other persons and circumstances shall not be affected thereby.

ARTICLE 2. SEWER SERVICE

11-201 OPERATION AND MAINTENANCE FUNDS. Revenue received into the Water and Sewage Fund shall be used for the operation, renewing and maintenance of the city sewer system.

11-202 CHARGES: SCHOOLS. (ORD. 315, 05/09/01). A charge of $1,000 for each school attached to the system for the use thereof shall be made and due each year, to be paid in the same manner and place as the city water bill.

11-203 CHARGES: RESIDENCE AND BUSINESS. (ORD. 315, 05/09/01). A. All persons whose premises are or shall hereafter be connected to the city’s sanitary sewage disposal system (sometimes referred to as “customer”) shall pay to the city a monthly sewer service charge for the use of and/or availability of such sanitary sewage disposal system (sewer service charge).

B. The following rates are hereby established and can be changed from this date forth by affirmative action of the Bennington City Council, for utility billing issued after January 1, 2016.

C. For all contributors, monthly user charges will be based on average monthly water usage. Average monthly water usage will be determined from the average actual meter readings taken from the contributor during the previous months of January, February, and March, except that if such reading are clearly inaccurate in reflecting actual water usage for domestic dwelling purposes, the average monthly water usage will be determined from the average actual water meter readings taken during the prior year’s months of January, February, and March. If a residential contributor has not established a monthly average, the monthly user charge shall be the median charge of all other residential contributors except in the event the premises of residential contributor is not occupied at any time during a particular month, the user charge for that month will be the minimum charge as hereafter stated. The minimum charge per month shall be $23.00 plus and additional $2.60 per 1,000 gallons in excess of 3,000 gallons usage per month per connection, to a maximum of $34.00 per month per connection, for all customers located in the City of Bennington. This charge shall be made and due to the city each month, from every other user except those set forth in Section 11-203 and said amount shall be paid in the same manner, time, and place as the city water service bill, and are hereby declared to be a part thereof, and that the refusal to pay any part of such bill, for any period of service, shall be sufficient cause of discontinuing water service. All bills shall be payable in the same manner as waters bills, as provided in Section 11-208.

D. PROPERTY OUTSIDE THE CITY LIMITS: That the monthly sewage fee to be charged and collected for the use and services rendered by sanitary sewage system of the City of Bennington for all customers whose premises are located outside the City of Bennington and which are connected or may hereafter be connected, directly or indirectly to the city sanitary sewage system shall be the sum of $23.00 plus an additional $2.60 per 1,000 gallons in excess of 3,00 gallons usage per month per connection, to a maximum of $34.00 per month per connection.

a. Based on such monthly average water consumption, the monthly sewer service charge for that customer shall be as follows, for utility billings issued after January 1, 2016:

First 3,000 gallons $23.00 All over 3,001 gallon, per 1,000 gallons $2.60

11-204 CHARGES: TRAILER HOUSES IN TRAILER COURTS. Trailer spaces occupied shall be counted at the same time as water meters are read each month and monthly charge shall be made the same as customers charged in Section 11-203. Said charges shall be paid in the same manner, time and place as City water bills.

11-205 PROPERTY OUTSIDE THE CITY LIMITS. (ORD. 315, 05/09/01)

A. That the monthly sewage fee to be charged and collected for the use and services rendered by sanitary sewage system of the City of Bennington for all customers whose premises are located outside the City of Bennington and which are connected or may hereafter be connected, directly or indirectly to the City sanitary sewage system shall be the sum of $23.00 plus an additional $2.60 per 1,000 gallons in excess of 3,000 gallons usage per month per connection, to a maximum of $34.00 per month per connection. B. Connection Fee – The charge for customers outside the city limits in connection onto the city sewer system shall be $50.00. C. Permit Fee – There shall be a $1.00 charge for a permit to customers living outside the city limits to connect to the city sewer system.

11-206 SEWER REHABILITATION FUND ESTABLISHED. (ORD. 361, 02/05/09). Purpose of the fund is to provide funds for the repair, rehabilitation, or replacement of aging sewer mains within the corporate limits of the City of Bennington. Funds remaining each year will be placed in the Capital Improvement Fund to offset budget expenditures for the repair, rehabilitation, or replacement of sewer mains within the corporate limits of the City of Bennington.

11-207 MONTHLY FEE. (ORD. 61, 02/05/09). The monthly sewer rehabilitation fund fee shall be $5.00 per month per water meter at each location that is connected to the city sewer system. This fee will be charged beginning with the February 2009 utility billing. 11-208 PENALTY. (ORD. 361, 02/05/09). Any person, firm or corporation violating any provision of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned. Each month of sewer use without payment of the sewer service charge shall constitute a new offense.

ARTICLE 3. STORM SEWER FUND (ORD. 355, 12/10/08)

11-301 STORM SEWER FUND ESTABLISHED. Purpose of the fund is to provide funds for the addition or improvement of storm water drainage within the corporate limits of the City of Bennington.

Section 1: Beginning January 2009, $1.00 per utility meter will be charged each month on the utility billing for the Storm Sewer Fund.

CHAPTER XII. TREES, SHRUBS

Article 1. Trees and Shrubs Article 2. Weeds

ARTICLE 1. TREES AND SHRUBS

12-101 TREES ON STREETS: DAMAGES, INJUNCTIONS. The owners of really estate in this city abutting upon public streets and avenues, shall have such title to and property in growing trees situated in front of such real estate but within the boundary line of the streets or avenues and within the curb line, and also such title to and right of property in the parking and ornamental shrubbery planted and cultivated within the curb line of such streets and avenues, as to enable the owners, in case of injury to or destruction of such trees, shrubbery and parking to recover from the person, company or corporation causing said injury or destruction the full damages which the abutting property in front of which they are situated may sustain by reason thereof, notwithstanding the fee title to the land in streets and avenues may not be in the owner of such abutting property; and such abutting property owners shall also have the right of action in any court of competent jurisdiction to enjoin injury to or destruction of such trees, shrubbery and parking; provided, that nothing herein shall affect the regulations hereinafter set forth governing the manner of planting, cultivating, trimming, removing and protecting such trees, shrubbery and parking in the part of the street where they shall be so planted and cultivated.

12-102 KIND: ALIGNMENT OF TREES. Trees, when hereafter set in any street, shall be so placed as not to be repugnant to or out of harmony with others near and along the same or adjacent streets or avenues; provided, that none shall be set or planted within street intersections that might obstruct the view of users of the streets. There will be no mulberry trees planted or allowed to grown within the City of Bennington. There will be no cottonwood trees, except “hybrid cotton less”, planted or allowed to grown within the City of Bennington.

12-103 WIRES. It shall be the duty of any person, firm or corporation owning wires, or other conductors of electricity, when said wires pass through or near trees within the streets, alleys or parks of the city, to remove, prune, trim or treat such tree or trees in a prudent manner or as designated by the city street commissioner, whenever such removal, pruning, trimming or treating shall become necessary.

12-104 TRIMMING TREES, HEDGES, SHRUBS. (ORD. 317, 06/13/01). Every owner or occupant of land or premises, adjacent to or abutting any street or sidewalk in the City of Bennington, shall keep the trees on his premises trimmed to a height of at least 10 feet over the sidewalks and driveways and 15 feet over streets and alleys, so that the branches shall not interfere with the traveling public. All hedges and shrubs thus located shall be trimmed in such manner that the limbs or boughs thereof shall not encroach upon or over such sidewalks or street, and obstruct to free and convenient travel thereon.

12-105 NOTICE TO TRIM OR REMVOE TREES. Upon failure of any person, firm or corporation to trim trees as hereinbefore stated, the city clerk may, upon direction of the city council, give notice by certified letter for said property owner or owners to trim their trees or shrubs, and upon failure to so do, the city may cause the same to be trimmed and the expense thereof shall be levied, certified, and collected in the same manner as in Section 7-101, applied to taxes. If it is determined by the city council that any diseased, dead or dying trees or shrubs within the City of Bennington are detrimental to the health and well-being of other vegetation or to the safety of persons or property, the owner or owners of such property shall be notified and action taken as set forth in this article. In the case of trees, parts of the trees, or shrubbery falling onto street, alleys or sidewalks, same shall be removed by the owner, or upon his failure to do so, the city shall cause it to be removed and the expense thereof shall be assessed to the property as in the case of trimming or removing dead trees.

12-106 SPRAYING TREES. Whenever the governing body of Bennington shall deem it necessary and expedient, they may have any or all trees within the city sprayed; which work shall be done in a careful and prudent manner, and with such solution as they deem beneficial. The cost thereof shall be borne by the city at large and payable either out of the general fund or street fund. Provided, that nothing herein shall interfere with individual property owners from having their own trees sprayed at their expense.

ARTICLE 2. WEEDS

12-201 WEEDS TO BE REMOVED. (ORD. 347, 04/19/07). It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, right-of- way and all other areas, public or private. All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.

12-202 DEFINITIONS. A. Calendar Year – as used herein, means that period of time beginning January 1st and ending December 31st of the same year. B. Weeds – as used herein, means any of the following: a. Brush and woody vines shall be classified as weeds; b. Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property; c. Weeds which bear or may bear seeds or a downy or wingy nature; d. Weeds which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare; e. Weeds and indigenous gasses on or about residential property, which, because of its height, has a blighting, influence on the neighborhood. Any such weeds an indigenous grasses shall be presumed to be blighting if they exceed 8 inches in height.

12-203 PUBLIC OFFICER; NOTICE TO REMOVE. The Mayor shall designate a public officer to be charged with the administration and enforcement of this ordinance. The public officer or an authorized assistant shall notify in writing the owner, occupant or agent in charge of any premises in the city upon which weeds exist in violation of this ordinance, by mail or by personal service, once per calendar year. Such notice shall include the following: A. That the owner, occupant, or agent in charge of the property is in violation of the city week control law. B. That the owner, occupant, or agent in charge of the property is ordered to cut the weeds within 10 days of the receipt of notice. C. That the owner, occupant or agent in charge of the property may request a hearing before the governing body or its designated representative within 5 days of the receipt of notice. D. That if the owner, occupant, or agent in charge of the property does not cut the weeds the city or its authorized agent will cut the weeds and access the cost of the cutting, including an administrative fee of $75, against the owner, occupant or agent in charge of the property. E. That the owner, occupant, or agent in charge of the property will be given an opportunity to pay the assessment, and, if it is not paid, it will be added to the property tax as a special assessment. F. That no further notice shall be given prior to removal of weeds during the current calendar year. G. That the public officer should be contracted if there are any questions regarding the order. If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this subsection, the city may not recover any costs or levy an assessment of the cost incurred by the cutting or destruction of weeds on such property unless the new record owner of title to such property is provided notice as required by this section.

12-204 ABATEMENT; ASSESSMENT OF COSTS. A. Upon the expiration of 10 days after receipt of the notice required by Section 3, and in the event that the owner, occupant or agent in charge of the premises shall neglect or fail to comply with the requirements of Section 1, the public officer or an authorized assistant shall cause to be cut, destroyed and/or removed all such weeds and abate the nuisance created thereby at any time during the current calendar year. B. The public officer or an authorized assistant shall give notice to the owner, occupant or agent in charge of the premises by restricted mail of the costs of abatement of the nuisance. The notice shall state that payment of the costs if due and payable within 30 days following receipt of the notice. C. If the costs of removal or abatement remain unpaid after 30 days following receipt of notice, a record of the cost of cutting and destruction and/or removal shall be certified to the city clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such weeds were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds were so removed. The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for spreading on the tax rolls of the county.

12-205 RIGHT OF ENTRY. The public officer, and the public officer’s authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of cutting, destroying and/or removing such weeds in a manner not inconsistent with this ordinance.

CHAPTER XIII: ZONING

Article 1 Zoning Article 2 Mobile Homes

ARTICLE 1. ZONING

13-101 INCORPORATED BY REFERENCE. That certain parts of the zoning regulations in code form, be hereby adopted by the City of Bennington, Kansas; that the terms of certain parts of said zoning ordinance as set forth below be hereby incorporated by reference in this published ordinance as though fully set forth below by reference is approved October 6, 1970, as prepared for the city planning commission of the City of Bennington, Kansas, and the city council of Bennington, Kansas, by Bucher and Willis, consulting Engineers, Planners and Architects, and said regulations being titled, “Model Zoning and Subdivision Regulations for Cities of Ottawa County, Kansas. 1969”, and the sections of said code as adopted are as follows:

1. Interpretation and Scope; 2. Rules and Definitions; 3. Districts and Boundaries; 4. “A-L” Agricultural District; 5. “R-S” Residential Suburban District; 6. “R-1” Single Family Dwelling District; 7. “R-2” Single Family Dwelling District; 8. “R-3” Single Family Dwelling District; 9. “R-5” Multiple Family Dwelling District; with the following amendment: (ORD. 235, 04/01/86)

Section Three (3); “Use Regulations”

To paragraph 16 – there be added  Mobile Homes

Section Six (6): “Yard Regulations”

A. The front yard shall be a minimum of 20 feet in depth, measured from the front lot line except Collectors Street the minimum front yard shall be 75 feet, measured from the center line of the street and except on arterial streets, the minimum front yard shall be 75 measured from the center line of the street.

© shall read as follows:

B. Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of the corner lot.

C. Side Yard. (a) shall read:

a. There shall be a side yard, on each side of a building, having a width of not less than 6 feet.

10. “C-O” Office and Institutional District; 11. “C-S” Highway Service District; 12. “C-2” General Commercial District; 13. “C-3” Central Business District; 14. “I-P” Industrial Park District; 15. “I-2” Heavy Industrial District; 16. Supplementary District Regulations; 17. Parking and Loading Regulations; 18. Sign Regulations; 19. Nonconforming Uses; 20. Amendments; 21. Board of Zoning Appeals; 22. Enforcement, Violation and Penalty; 23. Approval and Effective Date.

13-102 SCOPE OF ZONING REGULATIONS. That said zoning regulation pertains to regulations and restrictions of land(s) within the City of Bennington, Kansas; the use and location of buildings and other structures; regulations and restrictions of the dimensions of building sand other structures; dimensions of signs; regulations and restrictions of the density of population; provided for and regulated vehicle parking; divides the city in districts or zones to accomplish this zoning; adopts a map of the city showing boundaries and classifications of districts; define certain terms used in said code establish a board of zoning appeals, and its duties; provides for the appointment of a zoning administrator and his duties, provides fees to be charged for applications for changed in zoning; provides subdivision regulations and for the regulation and review of planned developments as defined in the code deals with conditional uses and non- conforming uses and structures; established the means for change or amendment of said code; map and ordinance; and provides for penalties for the violations of any provisions and the means of enforcement.

13-103 HEARING. The public hearing, required by law, has been duly and properly held by the planning commission of the city of Bennington, Kansas, and full and complete discussion and review of said ordinance was made at said meetings; that the zoning ordinance herein is a true and correct copy of these regulations as reviewed by the city planning commission of the City of Bennington, Kansas.

13-104 MAP. That this zoning ordinance and zoning map herein adopted by reference shall govern all land use and improvements placed thereon, as herein provided from the time of the passage of this ordinance.

A. City Limits: ORD. 210, 08/07/79 – Boundaries of the City of Benning, Kansas: Beginning at the Northwest corner of the East Half of the Southeast Quarter (E ½, SE ¼) of Section (1), Township (12) South, Range (3); thence South ¾ of a mile to the Southwest corner of the Northeast Quarter of the Northeast Quarter (NE ¼, NE ¼) of Section (12), Township (12) South, Range (3), thence East ½ mile to the Southeast corner of the Northwest Quarter of the Northwest Quarter (NW ¼, NW ¼) of Section (7), Township (12) South, Range (2), West of the 6 P.M.; thence North to a point 35 feet North of the South section line of Section (6), Township (12) South, Range (2), West of the 6th P.M.; thence East at right angle 360 feet; thence North at right angle 275.3 feet; thence West at right angle 360 feet; thence North to the Northeast corner of the West Half of the Southwest Quarter (W ½, SW ¼) of Section (6), Township (12) South, Range (2), West of the 6th P.M.; thence West ½ mile to the point of beginning.

Annexation: ORD. 295, 03/12/97 – A tract of land in the Northwest Quarter (NW ¼) of Section (6), Township (12) South, Range (2) West of the 6th P.M. in Ottawa County, Kansas located as follows: beginning at a point on the Southeast corner of the Northwest quarter (NW ¼) of Section (6), Township (12) South, Range (2) West of the 6th P.M. in Ottawa County, Kansas, thence North 470 feet; thence West to the West line of the Northwest Quarter 9NW ¼); thence South to the South line of the Northwest Quarter (NW ¼) to the place of beginning.

Annexation: ORD. 298. 12/10/97 – A tract of land beginning at a point on the West line of the Northwest Quarter of Section (6) that is N. 00 degrees 00’ 03” E. 845.37 feet from the Southwest Corner of the Northwest Quarter of said Section (6); thence N 89 degrees 36’ 48” E at a distance of 137.08 feet; thence N 89 degrees 36’48” E at a distance of 534.98 feet; thence S 01 degrees 00’ 40” E 30.00 feet; thence S 89 degrees 36’49” W 1247.80; thence N 00 degrees 00’03” E at a distance of 376.01 feet to the point of beginning.

B. Variances:

a. Norma Windholz – 216 N. Lincoln – lots (5), (6), (7), and (8), Block (2), J.H. Nelson’s Second Addition to the City of Bennington, Ottawa County, Kansas. Allow operation of childcare center in residential zone. Hearing held 07/01/88. b. Steve Aksamit – 115 N. Parker – Lots (7), (8), (9), (10), (11), and (12), Block (1), J.H. Nelson’s Second Addition to the City of Bennington, Ottawa County, Kansas. Allow operation of a business servicing air condition and furnace equipment and for permission to operate a supply department in a residential zone. Hearing held 10/05/88. c. C.R. Johnson – 113 N. Nelson – Lots (4) and (5), Block (4), Original Town of Bennington, Ottawa County, Kansas. Allow erection of an awning on the front of the existing building in a commercial zone. Hearing held 10/29/93.

C. Re-Zonings:

a. ORD. 204, 04/04/77 – Change the following property from R-1 Residential District to C-3 Central Business District. Lots (11) and (12), Block (3), Original Town of Bennington, Ottawa County, Kansas. (2 lots North of Bennington State Bank, 205 N. Nelson.) b. ORD. 206, 06/07/77 – Change the following property from R-1 Residential District to C-O Office and Institution District. The North 25 feet of Lot (13), and all of Lot (14), Block (8), J.H. Nelson’s (4th) Addition to the City of Bennington, Ottawa County, Kansas. (416 N. Lincoln) c. ORD. 220, 04/07/81 – Change the following property from C-3 Central Business District to C-2 General Commercial District. Lots (11) and (12), Block (3) of the Original Town of Bennington, Ottawa County, Kansas. (2 lots North of Bennington State Bank, 205 N. Nelson). d. From R-1 Single Family Dwelling District to C-2 General Commercial District. Lots (7), (8), (9), and (10), Block (3) of the Original Town of Bennington, Ottawa County, Kansas (211 N. Nelson); and the East 45 feet of Lots (15), (16), (17), and (18), Block (2), Nelson’s Second Addition to the City of Bennington, Ottawa County, Kansas (112 W. Washington). e. From A-L Agricultural District to R-3 Single Family Dwelling District. A tract of land situated in the Northwest Quarter of Section (7), Township (12) South, Range (2) West of the 6th P.M., Ottawa County, Kansas, more particularly described as follows: Commencing at the Northwest corner of said Northwest Quarter (NW, NW ¼), thence Easterly along the North line of said Northwest Quarter with an assumed bearing of N89 degrees 12’E a distance of 1155.0 feet to the East line of Parker Street extended in the City of Bennington, Kansas; thence S 0 degrees 00’ E along the East line of said Parker Street a distance of 335.0 feet to the point of beginning; thence continuing along the East line of Parker Street a distance of 350.09 feet to the North Right of Way of the Union Pacific Railroad; thence S61 degrees 25’48” E along the North Line of said railroad a distance of 227.71 feet; thence N 0 degrees 00’E at a distance of 461.08 feet; thence S 89 degrees 24’00” W at a distance of 200.0 feet back to the point of beginning. Said tract of land contains 1.86 acres more or less, and is subject to an access easement across the North 30 feet thereof (201 S. Parker). f. All that part of the (SE ¼, SE ¼) of Section (1), Township (12) South, Range (3) West of the 6th P.M. in Ottawa County, Kansas, lying South of the Union Pacific Railroad right-of-way, except a tract described as follows: Beginning at a point 711 fee West of the Southeast corner of Section (1), Township (12) South, Range (3) West of the 6th P.M./ thence North to the Union Pacific Railroad right-of-way, to where the same interests the South line of the Southeast Quarter, thence West to the point of Beginning. (Earl Walter’s property). g. ORD. 273, 06/22/94 – Change the following property from A-L Agricultural to I-2 Heavy Industrial: Beginning at a point 200 feet South of the Southeast corner of the intersection of Yorktown Street and Nelson Street thence East to the East City Limits of the City of Bennington; thence North to the center of the Union Pacific R.R.; thence Northwest along Nelson Street; thence South to the point of beginning; all within the City of Bennington, Ottawa County, Kansas; and all that land lying South of the Union Pacific Railroad, North of K-18 Highway and in the City Limits of Bennington, Ottawa County, Kansas except that land owned by Earl Walters. h. ORD. 312, 02/28/01 – Vacate an alley running North and South between the following parcels of real estate, approximately 20 feet by 100.3 feet, to-wit: Lots 91), (2), (3), (4), and (5), original Town of Bennington, Ottawa County, Kansas, and also Lots (6) and (7), in Block (1), Nelson’s 2nd Addition to the City of Bennington, Ottawa County, Kansas. This vacation does not affect any easement or public reservations other than the vacation of the alley above described. The vacated portion of the alley shall revert to the owners of the real estate adjacent thereto. i. ORD. 343, 02/08/06 – The Governing Body of the City of Bennington, Kansas deems it expedient that the North 9.0 feet and the South 9.0 feet of Washington Street between the West line of Struble Street to the East line of Putnam Street be and is hereby vacated, except for the reservation of an easement over said vacated lands by the City for public utilities, as more particularly described: j. The part of Washington Street in the City of Bennington, Kansas, lying North of a line 21.0 feet North of the platted centerline of said street from the West line of Struble Street to the East line of Putnam Street; and that part of Washington Street in said city lying south of a line 21.0 feet South of the platted centerline of Washington Street from the West line of Struble Street to the East line of Putnam Street, said part being the North 9.0 feet and the South 9.0 feet of the 60.0 feet width of the platted Washington Street, providing the remaining right-of-way width of 42.0 feet, except for the reservation of an easement over said vacated lands by the city for public utilities. k. 9/18/2007 – Lots 1-4, Block (4); Nelson’s 1st Addition to the City of Bennington; Ottawa County, Kansas. Allowed to build an attach garage going 32’ East present structure, which will extend 5’ into the North set- back consideration is given that it won’t be any further to the North than existing structure on either side of the residence and does not appear that it will affect visibility at the intersection. l. 10/24/2006 – J.H. Nelson’s 4th Addition to the City of Bennington, Ottawa County, Kansas; Block (7), Lots (15) and (16), Section (6), Township (12) Range (2) West. Allowed to build 20 feet to the North of the present house consideration given is that it won’t be any further to the North than existing structures to the West and does not appear that it will affect visibility at the intersection. m. 05/18/2006 – Original Town of Bennington, Ottawa County, Kansas, Block (2), Lots 15-20. South 21 feet Lot (20), Block (2) and North 9’ of Washington Street vacated adjacent to Section (6) Township (12) Range (2) West. Allowed placement of the former depot closer than 50” from the center of Nelson Street. n. 12/06/2006 – J.H. Nelson’s 2nd Addition to the City of Bennington, Ottawa County, Kansas. Block (2) Lots 22-28. Township (12) Range (2) West. Remove the current garage so that one of the same size may be erected in the same location. o. 09/02/08 – Lots 1-3; Block (8); Nelson’s 4th Addition to the City of Bennington, Ottawa County, Kansas. The request was approved to attach a 10’ octagon to her existing front porch, the total distance allowed to the North being no more than 11’ with the roof overhang of the gazebo and no more than 11’ West of the West edge of the house (not the porch) – consideration given is that it won’t be any further to the North than existing structures on either side of her and does not appear that it will affect visibility at the intersection.

D. Change of Zoning Ordinance. ORD. 219, 04/07/81 – no commercial or industrial building shall be constructed within 20 feet of a residentially zoned property line without written consent of the property owner of the residentially zoned property.

ORD. 307, 03/29/00 Section 1, 10.

A. Major recreational equipment such as boats, boat trailers, travel trailers, pick- up campers or coaches, camping buses or converted trucks, and tent trailers may be stored in residential districts provided they are not stored on any Public right –of-way and provided that they do not create a public nuisance. B. Recreational equipment as defined in paragraph (A) of this section may be utilized for living or sleeping purposes when parked on a residential lot or in any location not approved for such use for a period of not to exceed 14 days by following the following procedure. a. Within 14 days of bringing the recreational equipment into the City, the owner of the equipment must register the equipment with the City Clerk. b. Permission for a longer period of time must be approved by the City Council.

12-105 ADMINISTRATOR. No structure or premise shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered, contrary to “THE ZONING REGULATIONS FOR THE CITY OF BENNINGTON, KANSAS”, from and after the date of this ordinance. All uses designated “conditional or modification of a nonconforming use of structure or planned development”, as defined in said regulations or variances shall be subject to approval of the zoning administrator, or the board of zoning appeals, as set forth in the regulations. New construction shall not be commenced until approval of structure, location and dimensions by the zoning administrator, or the board of zoning appeals, in conformity with the zoning regulations.

13-106 RESTRICTION ON COMMERCIAL OR INDUSTRIAL BUILDINGS. (ORD. 219, 08/07/81). No commercial or industrial building shall be constructed within 20 feet of a residentially zoned property line without written consent of the property owner of the residentially zoned property.

13-107 RESTATEMENT. Sections 13-101 through 13-106 are restatements of ordinances 189, 219, and 235.

13-108 AMENDMENTS. (ORD. 267, 09/08/93). The publication “Model Zoning and Subdivision Regulations for Cities of Ottawa County, Kansas, 1969” Set out in section 13-101 is amended as follows:

BOARD OF ZONING APPEALS

SECTION 3. APPLICATIONS

A. The procedure for requesting a hearing before the Board shall be as follows: a. All applications to the Board shall be in writing on forms provided by the board. b. The board shall fix a reasonable time for the hearing of an application and the notice of the time, place and subject of each hearing shall be published in the official newspaper (as designated by the governing body) at least 20 days prior to the date fixed for public hearing. A copy of the notice of public hearing shall be sent to each party of the interest and to the planning commission. c. At least 20 days prior to the date fixed for the public hearing, the applicant shall place in a conspicuous area on or near the property in question not less than one sign of a minimum of 2 square feet in the area containing notice of the time, place and subject of such hearing. d. An application shall be accompanied by a filing fee of $150.00. A separate filing fee of $150.00 shall be required for each request.

SECTION 2. FEES

For the purpose of wholly or partially defraying the costs of the amendments proceedings, including publication costs, a fee in the amount of $150.00 shall be paid upon the filing of each application for a change of district boundaries or classification.

ORD. 314, 03/28/01 – ORDINANCE AMENDING the Zoning Code of the City of Bennington, Kansas, a City of the Third (3rd) Class, by modifying the definitions of, use of, nonconformities, as expressly amended and set forth hereafter.

SECTION 1. That the Rules and Definitions of Zoning & Subdivisions Regulations of the City of Bennington be amended as follows:

A. Conditional Uses – those types of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district. Within the various zoning districts specific uses may be permitted only after additional requirements are complied with as entitled within this Code, as amended. B. Nonconformities – three (3) types: nonconforming lot of record nonconforming structures and nonconforming uses. a. Nonconforming Loss of Record – An unimproved lot is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of these regulations and neither said lot nor does parcel comply with the lot width or area requirements for any permitted use in the district in which it is located. b. Nonconforming Structure – An existing structure which does not comply with the height or yard requirements which are applicable to new structure in the zoning district in which it is located. c. Nonconforming Use – An existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.

SECTION 2. That the Use Regulations of the Zoning & Subdivision Regulations of the City of Bennington be amended as follows:

“A-L AGRICULTURAL DISTRICT

Section 3. Use Regulations

Any other uses, which the Board of Zoning Appeals may determine proper and advisable, as a Nonconforming use, pursuant to this Amended Code.

“R-1” SINGLE FAMILY DWELLING DISTRICT

Section 3. Use Regulations

Any other uses, which the Board of Zoning Appeals may determine proper and advisable, as a Nonconforming use, pursuant to the Amended Code.

“R-2” SINGLE FAMILY DWELLING DISTRICT

Section 3. Use Regulations

Any other uses, which the Board of Zoning Appeals may determine proper and advisable, as a Nonconforming use, pursuant to this Amended Code.

“R-3” SINGLE FAMILY DWELLING DISTRICT

Section 3. Use Regulations

Any other uses, which the Board of Zoning Appeals may determine proper and advisable, as a Nonconforming use, pursuant to this Amended Code.

“R-4” TWO FAMILY DWELLING DISTRICT

Section 3. Use Regulations

Any other uses, which the Board of Zoning Appeals may determine proper and advisable, as a Nonconforming use, pursuant to this Amended Code.

“R-5” MULTIPLE FAMILY DWELLING DISTRICT

Section 3. Use Regulations

Any other uses, which the Board of Zoning Appeals may determine proper and advisable, as a Nonconforming use, pursuant to this Amended Code.

“C-S” HIGHWAY SERVICE DISTRICT

Section 3. Use Regulations

Any other uses, which the Board of Zoning Appeals may determine proper and advisable, as a Nonconforming use, pursuant to this Amended Code.

“C-1” NEIGHBORHOOD SHOPPING DISTRICT

Section 3. Use Regulations

Any other uses, which the Board of Zoning Appeals may determine proper and advisable, as a Nonconforming use, pursuant to this Amended Code.

“I-2” HEAVY INDUSTRIAL DISTRICT

Section 3. Use Regulations

Any other uses, which the Board of Zoning Appeals may determine proper and advisable, as a Nonconforming use, pursuant to this Amended Code.

SECTION 3. That the Nonconforming uses of Zoning & Subdivision Regulations of the City of Bennington be amended as follows:

NONCONFORMING USES

SECTION 3. APPLICATION FOR CONDITIONAL USE:

1. Definition – Conditional uses of those type of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district or where product, process, mode of operation, or nature of business may prove detrimental to the health, safety, welfare, or property values of the immediate neighborhood and its environs. Within the various zoning districts specific uses may be permitted only after additional requirements are complied with as established within this section. 2. Procedure – This consideration of a conditional use application shall be handled in the same manner as a zoning amendment regarding the requirements for public hearing, notices, protest, and action by the Board of Zoning Appeals pursuant to K.S.A. 13-101, eq seq. A site plan may be required for consideration in the review process of a conditional use. 3. Minimum Requirement – A conditional use permit shall not be granted unless specific written findings a fact directly based upon the particular evidence presented support the following conclusions: (a) The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations, unless specifically exempted by the provisions of these regulations. (b) The proposed conditional use at the specified location will contribute to and promote the welfare of convenience of the public (c) The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located. (d) The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of the neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to: I. The location, nature and height of buildings, structure, walls and fences on the site, and II. The nature and extent of landscaping and screen on the site.

(e) Off-street parking and loading area will be provided in accordance with the standards set forth in these regulations, and such areas shall be screened from adjoining residential uses and located so as to protect such residential uses from any injuries effect. (f) Adequate utility, drainage and other such necessary facilities have been or will be provided. (g) Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

4. Additional requirements – In granting a conditional use, the City may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood.

ARTICLE 2. MOBILE HOMES (ORD. 276, 12/28/94)

13-201 PERMIT.

A. It shall hereafter be unlawful to establish operate or maintain a mobile home park within the city limits without a permit from the governing body of the city. B. Upon receiving an application as set forth in this section (a) the city clerk shall cause a notice to be served upon all owners of land located within 150 feet of the proposed mobile home site either personally by the city police department with the return made back to the city clerk or by mail, in which case the city clerk shall make an affidavit showing to whom the notice was mailed. As an alternative, a waiver in which the neighboring landowners waive notice of the hearing may be obtained prior to making the application after all interested parties are notified, the city council at its next regular meeting will take the matter under consideration. C. The governing body shall consider the following factors when determining whether or not to issue said permit:

a. The character of the neighborhood; b. The zoning and uses of properties nearby; c. The suitability of the subject property has remained vacant; d. The extent to which the issuance of the permit will effect nearby property; e. The length and time the subject property has remained vacant; f. The relative gains to the public g. The recommendations of permanent or professional staff.

13-202 CONNECTION TO CITY SEWER SYSTEM. It shall be unlawful for the owner of any real property, or the owner of any mobile home to park or permit a mobile home to be parked within the city limits without having the mobile home connected to the city sewer system for the purpose of disposing of all substances from any such trailer and if said mobile home is outside of sewer district and adequate septic tank for sewage must be furnished.

13-203 PARKING SPACE. An area not less than 6,000 square feet shall be allotted for the parking space of each trailer in a mobile home park and it shall be unlawful to park a mobile home or to permit a mobile home to be parked in a smaller area.

13-204 RESTRICTIONS (ORD. 316, 05/23/01) It shall be unlawful to permit a mobile home older than 5 years of age, on the date of application, within the City Limits of Bennington.

13-205 FACILITIES REQUIRED. It shall be unlawful to park or permit to be parked, in a mobile home park, any mobile home which does not contain adequate toilet and shower facilities, without maintaining in said mobile home park a suitable building wherein adequate toilet and shower facilities are available to the occupants of such mobile home, said building to be located within a distance of 2,000 feet from any such mobile home or mobile homes.

13-206 GARBAGE CANS. Tightly covered garbage cans shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Garbage cans shall be located not farther than 200 feet from any mobile home space. The cans shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of once a week.

13-207 DEFINITION OF MOBILE HOME. As used herein the term “mobile home” shall be any movable structure, whether resting on wheels or foundation, occupied by an individual or individuals as living quarters, commonly referred to as a mobile home. This definition does not apply to travel trailers used as temporary living quarters for recreation purposes nor does it apply in situation where the use is a temporary one such as trailers used by custom cutters or highway construction workers.

13-208 DEFINITION OF MOBILE HOME PARK (ORD. 313, 03/14/01) A. As used herein the term “Mobile Home Park” shall mean any area where two (2) or more mobile homes are parked compromising a mobile home district or subdivision. B. The term “Mobile Home Parcel” shall mean any area or space, excluding a “Mobile Home Park”, where a single mobile home is parked

13-209 PERMIT REVOCATION. (ORD. 316, 05/23/01). Any permit issued for a mobile home pursuant to this article shall be revoked if any of the following occur: A. The mobile home for which the permit was issued has been left vacant for a period of 90 days B. Failure to block level and tie down the mobile home with proper tie downs within 10 days or prior to occupying the mobile home. C. Failure to have utilities hooked up D. Failure to maintain the property in accordance with city ordinances. E. Failure to skirt the mobile home with 60 days of placement on parcel or failure to maintain proper skirting.

13-210 PENALTY. Any person who violated any provisions of this article shall, upon conviction thereof be punished by a fine of not to exceed $100 or by imprisonment for not more than 30 days, or by both such fine and imprisonment; provided that each day violation of this article or any provisions thereof shall constitute a separate offense.

CHAPTER XIV: FRANCHISES

Article 1. Cable Television Article 2. Electric Article 3. Telephone Article 4. Sales Tax

ARTICLE 1. CABLE TELEVISION

14-101 CABLE TELEVISION (ORD. 205, 05/03/77; ORD 239, 12/18/86; ORD. 256, 02/12/09; ORD. 273, 07/27/93; ORD. 282 02/28/96; ORD. 299, 05/13/98; ORD. 323, 10/23/02)

Section 1. Authority – This ordinance is passed and approved by the City Council of the City of Bennington, Kansas (City) and enacted pursuant to the laws of the State of Kansas.

Section 2. Satisfactory Qualifications – The City of Bennington, Kansas, is satisfied as to Twin Valley Telephone (Grantee) and it’s legal, character, financial, technical and other qualifications, and the adequacy and feasibility of its construction arrangements have been approved by the City of Bennington as part of a full public proceeding affording due process, at a regularly scheduled meeting of the governing body of the city.

Section 3. Franchise Grant – Pursuant to law, a non-exclusive franchise is granted to Twin Valley Telephone, a Kansas corporation, to construct, own and operate a community antenna television system in the City of Bennington, Kansas. Said non- exclusive franchise is granted for a period of 15 years, and shall vest all the rights, privileges and immunities of a CATV system with Twin Valley Telephone; however, said non-exclusive franchise shall be subject to and conditional upon all of the terms, duties and obligations found in the laws of the State of Kansas rule and regulations of the Federal Communications commission of this ordinance.

Section 4. Rights Conferred by Franchise – (A) This ordinance confers upon the grantee the non-exclusive right, authority, power, and franchise to establish, construct, acquire, own, operate and maintain a community antenna and close-circuit electronic (CATV) system within the City, and to render, furnish and sell community antenna television service to the inhabitants of the City and its environs and to occupy the streets and other public places within the corporate limits of the City as the same now exists or may hereafter exist for its CATV system including the right to enter and construct, erect, locate, relocate, repair and rebuild, in or, under, along, over and across the streets, alleys, avenues, parkways, lanes, bridges, and other public places in the City, all tower, poles, cables, amplifies, conduits, and other facilities owned, leased, or otherwise used by grantee for the furnishing of CATV service within the City during the continuance of the franchise hereby granted, and in accordance with the laws and regulations for the United States of America, the State of Kansas and ordinances and regulations of the City of Bennington, Kansas. (B) The poles used for the grantees distribution system shall be those erected and maintained by anyone authorized to maintain poles in the streets or public ways when and where a practicable. It is contemplated that reasonable standard pole attachment agreements will be entered into. In any areas where electric or telephone utilities are now underground and in any new sub-divisions or new additions where said utilities are underground, the grantee will lay its cable underground. (C) The City reserves the right of reasonable regulation of the erection, construction or installation of any facilities by the grantee and to reasonably designate where such facilities are to be placed within the public way and places.

Section 5. Certificate of Compliance. Grantee shall obtain at its own expense a Certificate of Compliance from the Federal Trade Communications Commission as a condition precedent to the construction, operation and maintenance of a CATV system in the City. Grantee shall file the necessary application for said certificate within 90 days of the effective date of this franchise.

Section 6. Installation of CATV System. (A) The grantee shall have commenced and accomplished a significant construction of the cable system facilities authorized in this ordinance with 6 months after receiving said Certificate of Compliance from the FCC, and shall thereafter equitably and reasonably extend energized trunk cable to such percentage of its franchised area as will accomplish completion of the CATV system within 1 year after the receipt of the Certificate of Compliance. (B) The installation of CATV system shall be in accordance with the requirements of the National Electric Safety Code of the American Insurance Association, latest edition, all applicable laws, ordinances, rules and regulations of the FCC, the State of Kansas, and of the City affecting electrical installations and buildings, not or hereinafter in effect. (C) The grantee, subject to the rights of adjoining property owners, at its expense, shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee, all trimming to be done under the supervision and direction of the City. (D) The grantee shall at its expense protect, support, temporarily disconnect, relocate or remove any property of the grantee located upon streets, rights of way and easements of the City, when required by the City because of traffic conditions, public safety, street vacation, street construction change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structure or improvements by the City of the grantee fails to do so, the City may cause the necessary work to be completed and grantee shall pay the City the cost thereof within 10 days after receipt of an itemized account of such cost.

Section 7. Re-location of Property. The grantee, at the request of any person holding a permit issued by the City, shall temporarily remove, raise or lower its wires or cables to permit the moving of buildings or equipment. The expense of such temporary removal, raising or lowering shall temporarily remove, raise or lower its wires or cables to permit the moving of buildings or equipment. The expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and the grantee may require such payment in advance. The grantee shall be given not less than 48 hours advance notice to arrange for such temporary wire or cable change.

Section 8. Rates and Charges. (A) All rates and charges made by the grantee for its services shall be fair, reasonable, just and uniform. Initially, grantee’s rates will not be in excess of the maximum amounts set forth there in.

Residential Rates Monthly Service Charge, single outlet $9.00 Additional outlets, each $1.00

Commercial Rates Monthly Service Charge, single outlet $9.00 Additional outlets, each $1.00

Any proposed change in the authorized maximum monthly rates may be made only after the prior approval of the city and after an appropriate public processing affording due process. (B) Grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall reasonably be necessary to enable grantee to exercise its right and perform its services under this franchise and to assure an uninterrupted service to each and all of its customers.

CABLE TELEVISION REGULATIONS ESTABLISHED. (A) The city will follow the FCC Rate Regulations in its regulation of basic service rates and charges of the company and any other cable television system operating in the City, notwithstanding any different inconsistent provisions in the franchise. (B) In connection with such regulation, the city will ensure a reasonable opportunity for consideration of the views of interested parties. (C) The mayor, or his designee, is authorized to execute on behalf of the city and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC rate regulations in order to enable the city to regulate base service rates and charges. (ORD. 272, 07/27/94).

Section 9. Complaints. The city directs the grantee to make investigation of, and resolve, all complaints regarding the quality of service, equipment malfunctions, and similar matters within 48 hours after notifications, and further that grantee shall maintain a local business office or agent, within the city, for these purposes. The city further designates its council as the official of the city that has the primary responsibility for the continuing implementation of complaint procedures. The city directs the grantee to give notice of the procedures for reporting and resolving complaints to each subscriber at the time of initial subscription to grantee’s CATV system.

Section 10. Indemnification. The grantee agrees to hold and save said city harmless from any and all liability that may arise out of the construction, maintenance, operation or use of grantee’s system and works and the providing of such services and to provide and keep in force adequate liability insurance therefore, to the extent of bodily injury limits of $500,000 and a property damage limit of $300,000, naming the city as an additional insured, as it’s interest may appear. Grantee shall also provide and maintain insurance under a broad form automobile policy, with $100,000 - $300,000, $100,000 coverage limits and workmen’s compensation insurance with the Kansas statutory limits. All insurance shall be issued by a company authorized to do business in the State of Kansas and shall be provided before the grantee, its successors or assigns thereof, shall commence the construction or other operations mentioned in this section. The city shall notify the grantee’s representatives or employee in the city, if any, within 10 days after presentation of any demand or claim that may arise, whether by suit or otherwise, against the city. Grantee shall maintain on file with the city clerk at all times a current certificate of insurance. All insurance policies shall, if possible, provide for not less than 30 days’ notice of cancellation.

Section 11. Payment to the City. In consideration of the rights, privileges, and franchise hereby granted, and as compensation to the city for the use of its public ways and places by the grantee, and to properly regulate the activities of Grantee, the Grantee shall, on or before the first day of January of each year pay to the City a minimum fee of $425.00 and shall, subject to the provisions hereinafter made, on or before the last day of January and the last day of July of each year to which this franchise is effective, pay to the city a sum equal to 1% of the gross subscriber revenues for community antenna television service within the then existing corporate limits of the City for the preceeding6 month period ending on the last day of December and the last day of June, respectively, less said minimum fee theretofore paid. The books of Grantee shall be open to inspection by the City at all reasonable times to verify the accuracy of the computation and correctness of the report which shall accompany the payment. Grantee shall keep books and records pursuant to established practices using generally accepted auditing procedures.

Section 12. Franchise termination. The City may terminate the franchise and all rights therein granted in the event the Grantee or the successors or assigns thereof shall fail to comply with any of the terms and provisions of the ordinance. The city may exercise such right of termination by mailing notice thereof by registered mail to Grantee, unless within 30 days after such mailing full compliance with the terms and provisions of the ordinance has been effected.

Section 13. Publication Costs. The Grantee will pay to the City a sum to cover the ordinance publication cost when present with the bill by the City.

Section 14. Local Office. Grantee shall maintain a local office, or agent, in the City, staffed to provide adequate service during all usual business hours, and have a listed telephone so that messages, complaints, and request for service or repairs or adjustments may be received at any times without toll charges.

Section 15. Sale of Transfer of Franchise. This franchise shall not be sold, transferred, leased, assigned or otherwise disposed of by the Grantee, without the prior written consent of the City.

Section 16. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall affect the validity of the remaining portions hereof. The City declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this ordinance shall not abate, reduce or otherwise affect any consideration or other obligation required of Grantee by the Franchise granted hereunder.

Section 17. Compliance with FCC Rules. Any modifications of the provisions of this franchise resulting from amendment of the Federal Communications Commission rules and regulations governing Part 76, shall be incorporated into this franchise within 1 year of adoption of the modifications, or at the time of franchise renewal, whichever occurs first.

Section 18. This ordinance is passed and adopted in conformity with K.S.A. 12-2006 et seq., and in addition to other provisions herein set out said Grantee shall file with the city and obtain approval thereof a proper map showing and describing the exact location or proposed location of all of its facilities within the City’s streets, alleys and public ways and secure from the property City officials approval, for the location of, the erection of either above or below ground facilities so as not to interfere with existing public utility franchises, excluding here from the necessity of securing prior approval of the City if and when said Grantee obtains pole attachment agreements with existing public utilities for the joint use of poles that may be now existing or may be hereafter erected by such public utility franchise other than by this ordinance.

Section 19. All ordinances and parts of ordinances in conflict herewith are hereby repealed as of the effective date of this ordinance, excluding, however, any and all public utility franchises heretofore granted to public utilities, including utilities regulated by the State Corporation Commission. ORD. 239, 12/18/86 – Transferred the franchise from Tri-River Cable to Empire Cable of Kansas, Inc.

ORD. 256, 02/12/92 – Granted an extension of the Franchise Ordinance for an additional 15 years to follow subsequent to the date of May 3, 1992.

ORD 272, 07/27/94 – Provided for the regulation of basic service tier rates and related equipment, installation and service charges of any cable television system operating in the City of Bennington.

ORD. 282, 02/28/96 – Transfer of Franchise Ordinance from Empire Cable of Kansas, Inc. to Galaxy Telecom, L.P.

ORD. 299, 05/13/98 – Provided for and approved the transfer of the cable television franchise in the City of Bennington (the City) granted pursuant to Ordinance No. 205, dated May 3, 1977, (the “Franchise Ordinance”); amending the Franchise Ordinance in certain respects for the publication of the caption; and providing the effective date of the transfer. Transferred the franchise from Galaxy Telecom, L.P. to Twin Valley Communications, Inc.

ORD. 323, 10/23/02 – An ordinance granting a city franchise to Twin Valley Communications, Inc., of Miltonvale, Kansas.

Section 1. In consideration of the faithful performance and observance of the conditions and reservations herein specified, Twin Valley Communications, Inc., of Miltonvale, Kansas, (hereinafter referred to as Grantee), a company doing business under the laws of the State of Kansas, its successors and assigns is hereby granted the nonexclusive right to erect and cause to be erected, and to maintain and cause to be maintained, and to operate television, radio, information, music and other electronic signal transmission and distribution facilities and additions hereto (and related electronic facilities) in, under, over, along, across and upon the streets, avenues, sidewalks, alleys, and other public places in the City of Bennington, Kansas (Hereinafter referred to as the City) and subsequent additions thereto, for the purpose of providing television, radio, information and music impulses and other electronic impulses, signals, and services, in accordance with the laws and regulations of the United States of America, and the State of Kansas, and this Ordinance for a period of 10 years from and after the effective date of this Ordinance, unless sooner terminated as herein provided.

This ordinance is granted after a full, open and public hearing upon prior notice and opportunity of all interested parties to be heard and upon careful consideration of the Grantee’s qualifications including it legal charter, financial and technical qualifications and the adequacy and feasibility of its construction, maintenance and operation arrangements. Section 2. In the exercise of the rights herein granted: a. The Grantee shall have the right to erect and maintain, or to cause to be erected and maintained, poles as necessary for the construction and maintenance of the subject systems, provided, however, that all poles so erected shall be at locations designated by the Governing Body of the City. b. It is the stated intention of the city that all holders of public licenses and franchises within the corporate limits of the City shall cooperate in the construction, maintenance and operation of its system. c. The Grantee shall be entitled to determine the nature and extent of services to be provided to subscribers over its equipment and facilities, subject to all applicable regulations and laws of the United States and the State of Kansas. The Grantee agrees that the installation and maintenance of its equipment and facilities shall be at least such as shall be sufficient to provide standard color signals to television receivers of subscribers. The Grantee shall maintain a toll free telephone number to be provided to all subscribers for the purpose of receiving inquiries and complaints from its customers and shall investigate all complaints within 24 hours of their receipt and shall in good faith attempt to resolve them swiftly and equitable. d. The City designates John L. Tanzer of Bennington, Kansas, as the official of the franchising authority that has primary responsibility for the continuing administration of the franchise and implementation of the complaint procedures provided herein. e. Notice of the procedures for reporting and resolving complaints will be given by grantee to each subscriber at the time of the subscriber’s initial subscription to the cable system.

Section 3. a. All structures, lines and equipment erected or caused to be erected by the Grantee within the City shall be so located as to cause minimum interference with the use of streets, avenues, sidewalks, alleys, bridges and highways, easements and other public ways and places and with consideration for the convenience of property owners, and the Grantee shall comply with all reasonable, proper and lawful ordinances of the City now and hereafter in force. b. In case of Grantee requires disturbance of pavement, sidewalk, driveway or other surface, it shall, at its own expense and in a manner approved by the City, replace and restored the same as in good condition as before said work was commenced. c. In the event the City shall lawfully elect to alter or change any street, avenues, sidewalk, alley, bridge, highway, easement, or other public way requiring the relocation of All structures, lines and equipment erected or caused to be erected by the Grantee within the City shall be so located as to cause minimum interference with the use of streets, avenues, sidewalks, alleys, bridges and highways, easements and other public ways and places and with consideration for the convenience of property owners, and the Grantee shall comply with all reasonable, proper and lawful ordinances of the City now and hereafter in force. d. In case of Grantee requires disturbance of pavement, sidewalk, driveway or other surface, it shall, at its own expense and in a manner approved by the City, replace and restored the same as in good condition as before said work was commenced. e. All poles, lines, structures and other facilities of the Grantee in, under, over, along, across and upon the streets, avenues, sidewalks, alleys, bridges and highways, easements, and other public ground or places within the City shall be kept by the Grantee at all times in a safe and sound condition.

Section 4. a. The Grantee shall at all times during the term hereof be subject to all lawful exercise of the police power by the City, and to such reasonable regulations as the City shall hereafter provide by the ordinance or resolution; provided, however, that the Grantee is not to be deemed a public utility, except as otherwise provided by the laws of the State of Kansas. b. Whenever it is necessary to shut off or interrupt service for the purpose of making planned repairs, installations or adjustments, the Grantee shall make all reasonable effort to do so at such times as will cause the least amount of inconvenience to its customers and the City. In the event of any interruption of service, whether planned or unforeseen, the Grantee shall proceed with due diligence and restore service as quickly as possible under the circumstances.

Section 5. the Grantee shall save the City harmless from any and all loss sustained be the City by reason of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its system within the City; for this purpose the Grantee shall carry property damage and public liability insurance with a responsible insurance company authorized to do business within the State of Kansas. The amounts of such insurance to be carried against liability owning to damage to property and for public liability shall be reasonable, adequate and in keeping with accepted standards in the industry, but shall not be less than $250,000 each person, $500,000 each occurrence, $100,000 property damage, and the same shall be subject to review by the City at any time during the lifer of this ordinance. The Grantee shall also carry such insurance necessary to protect it from claims made under applicable Workers Compensation Laws. As a condition hereof, the City shall notify the Grantee within 10 days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any allegation or negligence as aforesaid on the part of the Grantee.

Section 6. The Grantee shall have the right to charge and collect compensation from all subscribers to who it shall furnish service, but the Grantee shall not as to rates, charges, service, facilities, or in any other respects, make or grant any preference or advantage to any person or subject any person to any prejudice or disadvantage, provided, further, that this provision shall not be deemed to prohibit the establishment of graduated scales of charges and classified rate schedules, including but not limited to establishment of differing charges for differing types of service or groups of such services, to which any customer coming within such scale of charges or classifications shall be entitled. Rates shall be the same for all customers within each rate classification, which are served by the Grantee from identical facilities.

The Grantee may modify the rates charged for any service or group of services upon prior notice to subscribers. The Grantee shall provide to the City a current schedule of the maximum rates Grantee shall be entitled to charge for its services at all times during the effective term hereof, which shall be maintained in the city record on file in the City Office and available for inspection by the public.

Section 7. Inconsideration of the rights, privileges and franchise hereby granted, and as compensation to the City for the use of its public ways and places by the Grantee, and in lieu of all occupation and license taxes and other fees of any nature whatsoever, the Grantee, shall annually pay the City, during the life of this ordinance, a sum equal to $1 per month per customer residing with the City (including any additions to the City during the term hereof), such amounts to be due and payable quarterly on the first day of January, April, July and October of each year and payable in full within 30 days thereof. As of the due date of each such payment the Grantee shall certify to the City the number of its customers then residing in the City, and the Grantee’s obligation shall be based on such certification until the Grantees’ next quarterly certifications.

Section 8. the Grantee shall have the right to trim trees upon and overhanging the street, avenues, alleys, sidewalks and other public ways and places of the City so as to prevent the branches of such trees from coming into contact with the wires, cables, conduits and other necessary fixtures and fittings of the Grantee, provided, however, that all such trimmings shall be done under the supervision and direction of the City and by the expense of the Grantee.

Section 9. The Grantee may surrender its rights under this ordinance at any time upon filing with the City Clerk of the City a written notice of its intention to do so at least 6 months before the surrender date. On the surrender state specified in the notice, all of the rights and privileges and all of the obligations, duties and liabilities of the Grantee shall terminate and it may dispose of its property located within the City in any manner it chooses.

Section 10. The obligations of the Grantee as specified in this Ordinance may be discharged on the Grantee’s behalf by one or more other entities PROVIDED, that in the discharge thereof, such other entity or entities shall enjoy the same rights and privileges and shall be subject to the same duties and requirements as are applicable to the Grantee.

Section 11. The rights granted under this ordinance shall be freely assignable and transferable by the Grantee during the term hereof, provided, that no assignment or transfer of the right granted hereunder shall become effective until the assignee or transferee has filed with the City Clerk of the City an instrument accepting the terms of this ordinance and agreeing to perform all of the conditions hereof.

Section 12. The City hereby expressly reserves the right, power and authority to terminate this ordinance and rescind all rights, privileges and authority herein granted to the Grantee at any time for any material and substantial default in the performance of any of the obligations and duties imposed upon the Grantee herein. The City shall provide written notice to the Grantee of any such default. If the justification therefore, then the City shall have the right, after a full and complete public hearing, to revoke any or all rights and privileges granted herein, provided however that said default did not result from factors beyond the reasonable control of the Grantee.

Section 13. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision, and such holding not affect the validity of remaining portions hereof.

Section 14. This ordinance is governed by and subject to all applicable rules and regulations of the Federal Communications Commission. Should there be any modifications of the provisions of the Rules and Regulations of the Federal Communications Commission, which must be incorporated into this ordinance, the City and the Grantee agree that such further action shall be accomplished within 1 year of the adoption of the modification.

Section 15. It shall be the policy of the City to amend this Ordinance liberally, upon application of the Grantee, to take advantage of any developments in the fields of transmission of programming and/or information and related services which will afford the Grantee an opportunity more effectively or economically to serve its subscribers.

Section 16. The Grantee shall have the right at all times to take such legal action as it deems necessary to preserve the security of its system, equipment and facilities and to assure only authorized use thereof by its subscribers or others.

Section 17. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 18. That this Ordinance shall take effect and be in force after the expiration of 60 days from the date of its final passage, provided that it has been published in the official city paper once a week for two consecutive weeks following its final passage Grantee shall have filed its written acceptance with the City Clerk as aforesaid.

Passed by the governing body and approved by the Mayor this 23rd day of October, 2002.

ARTICLE 2. ELECTRIC FRANCHISE

14-201 ELECTRIC. (ORD. 226, 01/04/84)

Section 1. That is consideration of the benefits to be derived by the City of Bennington, Kansas and its inhabitants, there is hereby granted The Kansas Power and Light Company, a Kansas corporation hereinafter sometimes designated as “Company”, said Company being a corporation operating a system for the transmission of electric current between two or more incorporated cities in the State of Kansas, into and through which it has built transmission lines, the right, privilege, and authority for a period of 20 years from the 4th day of January, 1994, to occupy and use the several streets, avenues, alleys, bridges, parks, parking and public places of said City, for the placing and maintain of equipment and property necessary to carry on the business of selling and distributing electricity for all purpose to the City of Bennington, Kansas and its inhabitants, and through said City and Beyond the limits thereof; to obtain said electricity from any source available; and to do all things necessary or proper to carry on said business in the City of Bennington, Kansas.

Section 2. as further consideration for the granting of this franchise, and in lieu of any city occupation, license or revenue taxes, the Company shall pay to the City during the term of this franchise 3% of its gross revenue from all sales of electricity energy within the corporate limits of said City, such payment to be made monthly for the preceding monthly period.

Section 3. That the Company, its successors and assigns, in the constructions, maintenance, and operation of its electric transmission, distribution and street lighting system, shall use all reasonable operation of its electric transmission, distribution and street lighting system, shall use all reasonable and proper precaution to avoid damage or injury to person or property, and shall hold and save harmless the City of Bennington, Kansas, from any and all damage, injury, and expense cause by the sole negligence of said Company, its successors and assigns, or its or their agents or servants.

Section 4. That within 60 days from and after the passage and approval of this ordinance, said Company shall file with the City Clerk of said City of Bennington, Kansas, its unconditioned written acceptance of this ordinance.

Section 5. That any and all ordinances in conflict with the terms hereof are hereby repealed.

Section 6. That this ordinance shall become effective and be in force and shall be and become a binding contract between the parties hereto, their successors and assigns, from and after its passage, approval, publication as required by law, and acceptance by Company. Section 7. That this ordinance, when accepted as above provided, shall constitute the entire agreement between the City and the Company relating to this franchise and the same shall supersede and cancel any prior understanding, agreements, or representations regarding the subject matter hereof, or involved in negotiations pertaining thereto, whether oral or written.

Section 8. This franchise is granted pursuant to the provisions of K.S.A. 12-824.

Section 9. Should the State Corporation Commission take any action with respect to this franchise ordinance, which would or may preclude The Kansas Power and Light Company from recovering from its customers any cost provided for hereunder, the parties hereto shall renegotiate this ordinance in accordance with the Corporation Commission’s ruling.

ARTICLE 3. TELEPHONE FRANCHISE

14-301 TELEPHONE. (ORD. 173, 05/01/62, renewed 04/06/82)

Section 1. The Twin Valley Telephone Inc., its successors and assigns (herein referred to as “Telephone Company”) shall continue to operate its telephone system and all business incidental to or connected with the conduction of a telephone business and system in the City of Bennington, State of Kansas, (herein referred to as “City”). The plant construction and appurtenances used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the Telephone Company in said City shall remain as now planned or constructed, subject to such changes as may be considered necessary by the City in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, and said Telephone Company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time requires, along, across, on, over, though, above and under all the public streets, avenues, alleys, bridges, and the public grounds and places within the limits of said City as the same from time to time may be established.

Section 2. The Telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties’ requesting the same and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.

Section 3. Permission is hereby granted to the Telephone Company to trim trees upon and overhanging streets, alleys, sidewalks, and public places of said city so as to prevent the branches of such trees from coming in contact with the wires and cables of the Telephone Company, all the said trimming to be done under the supervision and direction of any City official to whom said duties have been or may be delegated.

Section 4. Permission is hereby granted to the Telephone Company to make all necessary excavations in the public streets, roads, alleys, sidewalks or other public places, all in accordance with the ordinance applicable to such excavations by public utilities or other securing such permission.

Section 5. In consideration for the franchise, privileges, and rights granted herein, the Telephone Company agrees to provide the City with one business telephone and maintain said telephone without charge for local service of the said telephone as adequate compensation for the said franchise, privileges and rights or in lieu thereof the Telephone Company agrees to pay to the City the sum of $90 annually, either of which consideration the City agrees to accept. In consideration for the franchise, privileges, and right granted herein, the Telephone Company agrees to provide the City with one business telephone and maintain said telephone without charge for local service of the said telephone as adequate compensation for the said franchise. (Changed 04/06/82).

Section 6. Nothing in this ordinance shall be construed to require or permit any telephone, electric light, power wire attachments by either the City or the Telephone Company, on the poles of the other. If such attachments are desired by the City or the Telephone Company, then a separate non-contingent agreement shall be a prerequisite to such attachments.

Section 7. Nothing herein contained shall be construed as giving to the Telephone Company an exclusive privileges, not shall it affect any prior or existing rights of the Telephone Company to maintain a telephone system within the City.

Section 8. All other ordinances and agreements and parts of ordinances and agreements relating to the operation of a telephone system within said City are hereby repealed.

Section 9. The said Telephone Company shall have 60 days from and after its passage and approval to file its written acceptance of this ordinance with the City Clerk, an upon such acceptance being filed, this ordinance shall be considered as taking effect and being in force from and after the date of its passage and approval by the Mayor, for a period of 20 years.

ARTILCE 4. SALES TAX (SEPTEMBER 6TH, 2012)

AN ORDINANCE LEVYING A CITY WIDE GENERAL PURPOSE RETAILERS’ SALES TAX IN THE AMOUNT OF 1%. TO TAKE EFFECT OF JANUARY 1, 3013, WITH THE REVENUE DERIVED THEREFROM USED TO FINANCE THE COST OF REPAIR, RECONSTRUCTION AND UPGRADING OF CITY STREETS; CONTINUAL REPAIR OF THE CITY’S WATER INFRASTRUCTURE; PARKING IMPROVEMENTS; AND OTHER GENERAL OPERATING AND CAPITAL IMPROVEMENTS EXPENSES OF THE CITY.

WHEREAS, the City Council of the City of Bennington, Kansas (the “City”) authorized and provided for a special election in the City for the purpose of submitting to the electors of the City the question of imposing, under K.S.A. 12-187 et seq. (the ”Act”), a 1% city wide general purpose retailers’ sales tax for the purpose of financing the cost of repair, reconstruction and upgrading of city streets; continual repair of the city’s water infrastructure; park improvements; and other general operating and capital improvement expenses of the City (the “Sales Tax proposition”), with the collection of such sales tax to commence on January 1, 2013; and

WHEREAS, and election was held in the City of August 7, 2012, at which time there was submitted to the qualified electors of the City the Sales Tax Proposition, and a majority of the qualified electors of the City voting on this proposition voted in favor thereof; and

WHEREAS, pursuant to the Act and the results of the aforementioned election, the governing body deems it necessary and advisable to (a) authorize the levy and imposition of a 1% city wide general purpose retailers’ sales tax and (b) apply the revenue received there from to finance the costs of repair, reconstruction, and upgrading of city streets; continual repair of the city’s water infrastructure; park improvements,; and other general operating and capital improvement expenses of the city.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BENNINGTON, KANSAS:

SECTION 1. The levy and imposition of a 1% city wide general purpose retailers’ sales tax and application of the revenue received there from to finance the costs of repair, reconstruction, and upgrading of city streets; continual repair of the city’s water infrastructure; park improvements; and other general operating and capital improvement expenses of the city, are hereby authorized and directed, with the collection of the sales tax to commence on January 1, 2013, or as soon thereafter as permitted by law.

SECTION 2. Except as otherwise provided by law, such sales tax shall be identical in its application and exemptions there from to the Kansas Retailers’ Sales Tax Act and all laws and administrative rules and regulations of the Kansas Department of Revenue relating to the state retailers; sales tax shall apply to the City’s retailers’ sales tax insofar as such laws and regulations may be made applicable, the services of the Kansas department of Revenue shall be utilized to administer, enforce, and collect such tax.

SECTION 3. The City Clerk, upon passage of this Ordinance, shall provide a certified copy of the same to the State Director of Taxation pursuant to K.S.A. 12-189 and request implementation thereof effective on January 1st, 2013, or as soon thereafter as permitted by law.

SECTION 4. This Ordinance shall be effective upon passage by the governing body, approval and execution by the Mayor, and publication once in the official City newspaper.