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.