CHAPTER V. BUSINESS REGULATIONS
Article 1. General Regulations and Licenses
Article 2. Solicitors, Canvassers, Peddlers
Article 3. Scrap Metal Dealer Registration
Article 4. Storage Facilities
Article 5. Oil and Gas Drilling
Article 6. TV’s and Antennas
Article 7. Roofing Registration
ARTICLE 1. GENERAL REGULATIONS AND LICENSES
5-101. LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation, engaged in business for less than six months, either as principal or agent or employee, to conduct, pursue carry on or operate any calling, trade, profession or occupation in the city without first paying the license fee prescribed and procuring such a license from the city clerk whenever the procuring of the license is required by the city. (Code 2015)
5-102. APPLICATION FOR LICENSE. Every person, firm or corporation desiring to do business for less than six months in the city shall apply to the city clerk for a license to operate such business, and in the case of new licenses, shall appear before the governing body before the commencement of business and issuance of the license. Upon approval by the governing body, the city clerk shall issue to the applicant a license which shall be signed by the city clerk. (Code 2015)
5-103. NOT ASSIGNABLE OR TRANSFERABLE. No license granted by the city shall be assignable or transferable; nor shall such license authorize any person to do business or act under it but the person named therein, nor at more than one place. There shall be no refunds except as specifically provided. (Code 2015)
5-104. LICENSE PERIOD; DURATION. Unless otherwise provided, licenses shall commence and endure from January 1 and expire on December 31 of the same year, except that all semi-annual licenses issued as provided in this chapter shall expire on the 30th day of June or the 31st day of December, next following the date of their issuance. (Code 2015)
5-105. EXEMPTION OF FARMERS. No producer or grower, or his or her agents or employees, selling in the city, farm or garden products or fruits grown by him or her in the state shall be required to pay any license fee or occupation tax imposed by any law of this city, and he or she, his or her agents or employees, are hereby exempt from the payment of any such fees or taxes, or the securing of a license. (K.S.A. 12-1617; Code 2015)
5-106. LICENSE FEES. Unless otherwise provided, the license fee for each occupation, business, or profession shall be as shown in the following schedule:
(a) Daily fee of $35.00 (excluding farmers and gardeners selling produce that they have grown).
(b) A one-time license fee for-profit or commercial fireworks stands shall be $50.00.
(c) Non-profit organizations shall seek a permit but shall not be charged a fee. (Ord. 138, Sec. 1; Ord. 205, Sec. 1; Ord. 289, Sec. 1; Ord. 511, Sec. 1; Ord. 519, Sec. 1; Code 2015)
5-107. SAME; WHEN PAYABLE; TIME PERIOD. (a) All license fees shall be due and payable before the commencement of a trade, occupation, business or profession for which license fees are required.
(b) No license shall be issued until the fee is paid.
(c) Licenses shall be renewed on or before the expiration date of the current licenses.
(d) If the license prescribed is for an annual, quarterly, monthly, weekly or daily period, the license shall not be issued for any part or fraction of the year, quarter, month, week or day, respectively.
(e) The license for a day shall expire at midnight. (Code 2015)
5-108. PAYMENT OF FEES; RECEIPT. The city clerk shall, upon payment of any license fee specified, give a receipt therefor stating the amount paid, the nature of the licenses issued, for what time, and to whom issued, and if possible, the exact location where the business is to be carried on, and the kind of business. (Code 2015)
5-109. CONTENTS OF LICENSE. Unless otherwise provided all licenses shall be dated on the date of their issue, and shall state the name of the licensee, the kind of business he or she desires to engage in and the location thereof, the amount paid, and time the license shall expire; and the person having such license shall be authorized to carry on the business therein named. (Code 2015)
5-110. RECORD BOOK. The city clerk shall keep a book in which shall be entered the name of each person licensed, his or her address, the date of the license, the purpose for which it is granted, the amount paid therefor, and the time the same shall expire and within 24 hours after any license has expired, the city clerk shall notify the chief of police of such expiration, unless the same shall have been renewed. (Code 2015)
5-111. DISPLAY OF LICENSE. All persons doing business in a permanent location are required to have their license conspicuously displayed in their place of business, and all persons to whom licenses are issued not having a permanent place of business are required to carry their licenses with them and any licensee shall present the license for inspection when requested to do so by any citizen or officer of the city. (Code 2015)
ARTICLE 2. SOLICITORS, CANVASSERS, PEDDLERS
5-201. DEFINITIONS. For the purpose of this article, the following words shall be considered to have the following meanings:
(a) Soliciting – shall mean and include any one or more of the following activities:
(1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any 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 or kind of publication.
(b) Residence – shall mean and 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 – shall mean 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 for sale 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 – shall mean 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 article shall be deemed a peddler.
(e) Transient merchant, itinerant merchant or itinerant vendor – are defined as 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, apartments, shops or any street, alley or other place 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 sell from stock, but 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 article 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 – shall mean 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. (Code 2015)
5-202. LICENSE REQUIRED. (a) It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this article, within the corporate limits of the city without then having an unrevoked and unexpired license therefor in his or her possession and issued by the city clerk.
(b) The governing body may waive the license requirements of this section for any person, firm or corporation exempt from the payment of a license fee under section 5-207(d). (Code 2015)
5-203. SAME; APPLICATION REQUIRED. Before the city clerk may issue any license required by this article, he or she shall require a sworn 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 driver’s license number, date of birth, expiration date of license and description of applicant;
(d) Identification of vehicle used by applicant including license therefor used by applicant in conducting his or her business;
(e) A brief description of the nature of the 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 filed, and the proposed method of delivery;
(i) An unexpired driver’s license containing a photograph of the applicant;
(j) A statement as to whether or not the applicant has within two years prior to the date of the application been convicted of any crime, misdemeanor (other than minor traffic violations) or violation of any municipal law regulating peddlers, solicitors or canvassers and giving the nature of the offenses, the punishment assessed therefor, if any, and the city and state where conviction occurred.
(k) The applicant’s Kansas Sales Tax number. (Code 2015)
5-204. ISSUANCE; COUNTY RESIDENTS. (a) Except as provided in section 5-209, if the applicant is a current resident of Hodgeman County, Kansas, upon receipt of an application for a license and payment of the license fee, the city clerk shall issue the license. Such license shall contain the signature and seal of the issuing officer and 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 the chief of police. The licensee shall carry the license certificate at all times.
(b) If the applicant is not a current resident of Hodgeman County, Kansas, a license will not be issued until after investigation and payment of the investigation fee as provided in sections 5-205:206. (Code 2015)
5-205. SAME; INVESTIGATION AND ISSUANCE; NON-COUNTY RESIDENT.
(a) Upon receipt of the above application from an applicant who is not a current resident of Hodgeman County, Kansas, the city clerk shall refer the same to the chief of police who shall cause an investigation of the facts stated therein to be made within not to exceed five days.
(b) If as a result of the investigation, the applicant’s character or business responsibility is found to be unsatisfactory or the facts stated therein to be untrue, the chief of police shall endorse on such application his or her findings and endorse his or her disapproval of the application and the reasons for the same and shall return the application to the city clerk who then 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 character and business responsibility and the facts stated in the application are satisfactory and true, the chief of police shall endorse his or her findings and approval on the application and return the same to the city clerk who shall, upon payment of the license and investigation fees prescribed, issue a license to the applicant to engage in the business described in the application. Such license shall contain the signature and seal of the issuing officer and 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 the chief of police. The licensee shall carry the license certificate at all times. (Code 2015)
5-206. SAME; INVESTIGATION FEE. At the time of filing the application, a fee of $25.00 shall be paid to the city clerk to cover the cost of investigation of the facts stated in the foregoing application. (Code 2015)
5-207. LICENSE FEE; TIME LIMITS; EXEMPTIONS. (a) Except as provided in subsection (c), the fee for the license required pursuant to section 5-202 shall be in the amount of $35.00 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 a.m. and 9:00 p.m.
(c) Persons and firms not having a permanently established place of business in the city, but having a permanently established house-to-house or wholesale business shall receive a license as required by section 5-202 upon the payment of $100.00 for any year, and may make solicitations or sales only between the hours of 8:00 a.m. and 9:00 p.m., or upon invitation at any hour.
(d) 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 the state; and (3) any not-for-profit or charitable organization as determined by the governing body. (K.S.A. 12-1617; Ord. 138, Sec. 1; Code 2015)
5-208. RENEWAL. All licenses issued shall be subject to renewal upon a showing of compliance with sections 5-202:203 of this article within a six month period prior to the renewal date. The city clerk need not require an additional application under section 5-203 or an additional investigation and investigation fee under sections 5-205:206 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. (Code 2015)
5-209. DENIAL, REVOCATION OR SUSPENSION OF LICENSE; NOTICE. The city clerk or chief of police may deny any application or may revoke or suspend for a period of not to exceed 30 days any license issued under this article, for any of the following causes:
(a) Fraud, misrepresentation or false statement contained in the application for license.
(b) Fraud, misrepresentation or false statement made in the course of carrying on the business.
(c) Any violation of this article.
(d) Conducting a business as defined in section 5-201 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.
(e) Conviction of the crime of theft, larceny, fraud, embezzlement or any felony within two years prior to the application date. (Code 2015)
5-210. APPEAL TO GOVERNING BODY. (a) Any person aggrieved by the action of the chief of police or city clerk in the denial of an application or revocation or suspension of a license as provided in this article, 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. (Code 2015)
5-211. 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 delivery of the same. (Code 2015)
5-212. 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, nor shall any person be 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. (Code 2015)
5-213. DISTURBING 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 therefrom 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. (Code 2015)
ARTICLE 3. SCRAP METAL DEALER REGISTRATION
5-301. SCRAP METAL DEALERS; REGISTRATION REQUIRED. It shall be unlawful for any business to purchase any regulated scrap metal without having first registered each place of business with the city as herein provided. (Code 2015)
5-302. SAME; DEFINITIONS. The words and phrases listed below when used in this article shall have the following meanings:
(a) Scrap metal dealer means any person that operates a business out of a fixed location, and that is also either:
(1) Engaged in the business of buying and dealing in regulated scrap metal;
(2) Purchasing, gathering, collecting, soliciting or procuring regulated scrap metal; or
(3) Operating, carrying on, conducting or maintaining a regulated scrap metal yard or place where regulated scrap metal is gathered together and stored or kept for shipment, sale or transfer.
(b) Regulated scrap metal yard means any yard, plot, space, enclosure, building or any other place where regulated scrap metal is collected, gathered together and stored or kept for shipment, sale or transfer.
(c) Regulated scrap metal shall mean wire, cable, bars, ingots, wire scraps, pieces, pellets, clamps, aircraft parts, junk vehicles, vehicle parts, pipes or connectors made from aluminum; catalytic converters containing platinum, palladium or rhodium; and copper, titanium, tungsten, stainless steel and nickel in any form; for which the purchase price described in K.S.A. 2010 Supp. 50‑6,110 and 50‑6,111, and amendments thereto, was primarily based on the content therein of aluminum, copper, titanium, tungsten, nickel, platinum, palladium, stainless steel or rhodium; any item composed in whole or in part of any nonferrous metal other than an item composed of tin, that is purchased or otherwise acquired for the purpose of recycling or storage for later recycling. Aluminum shall not include food or beverage containers.
(d) Bales of regulated metal means regulated scrap metal properly processed with professional recycling equipment by compression, shearing or shredding, to a form in which it may be sold by a scrap metal dealer consistent with industry standards.
(e) Ferrous metal means a metal that contains iron or steel.
(f) Junk vehicle means a vehicle not requiring a title as provided in chapter 8 of the Kansas Statutes Annotated, and amendments thereto, aircraft, boat, farming implement, industrial equipment, trailer or any other conveyance used on the highways and roadways, which has no use or resale value except as scrap.
(g) Nonferrous metal means a metal that does not contain iron or steel, including but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel and their alloys.
(h) Tin means a metal consisting predominantly of light sheet metal ferrous scrap, including large and small household appliances, construction siding and construction roofing.
(i) Vehicle part means the front clip consisting of the two front fenders, hood, grill and front bumper of an automobile assembled as one unit; or the rear clip consisting of those body parts behind the rear edge of the back doors, including both rear quarter panels, the rear window, trunk lid, trunk floor panel and rear bumper, assembled as one unit; or any other vehicle part. (Code 2015)
5-303. SAME; REGISTRATION; APPLICATION; FEES; PENALTY.
(a) Application for registration for a scrap metal dealer shall be verified and made upon a form furnished by the city and approved by the attorney general and shall contain:
(1) The name and residence of the applicant;
(2) The length of time that the applicant has resided within the state of Kansas and a list of all residences outside the state of Kansas during the previous 10 years;
(3) The particular place of business for which a registration is desired;
(4) The name of the owner of the premises upon which the place of business is located; and,
(5) The applicant shall disclose any prior convictions within 10 years immediately preceding the date of making the registration for theft, as defined in K.S.A. 21‑3701, prior to its repeal, or K.S.A. 2011 Supp. 21‑5801, and amendments thereo, theft of property lost, mislaid or delivered by mistake, as defined in K.S.A. 21‑3703, prior to its repeal, or K.S.A. 2011 Supp 21‑5802, and amendments thereto, theft of services, as defined in K.S.A. 21‑3704, prior to its repeal, criminal deprivation of property, as defined in K.S.A. 21‑3705, prior to its repeal, or K.S.A. 2011 Supp. 21‑5803, and amendments thereto, or any other crime involving possession of stolen property.
(6) In addition to the information required in subsection (a)(5), above, the applicant shall also disclose any prior convictions within 10 years immediately preceding the date of making the application for registration for any federal or local crime or offense similar to those stated in subsection (a)(5), to include, but not be limited to, sections 6.1, theft, 6.3, theft of lost or mislaid property, and 6.5, criminal deprivation of property, and amendments thereto, of the Uniform Public Offense Code for Kansas Cities.
(b) Each registration for a scrap metal dealer to purchase regulated scrap metal shall be accompanied by a fee of $400.
(c) The city clerk shall provide the chief of police written notice of the filing of registration by a scrap metal dealer within 10 days of registration or renewal. (Ord. 610, Sec. 1; Code 2015)
5-304. SAME; ISSUANCE OF REGISTRATION; RENEWAL; RENEWAL FEES.
(a) Upon receipt of the application for registration, the application fee and verifying the information contained in the registration application that the applicant is qualified, the city clerk shall forward the application to the governing body, or its designee. The governing body, or its designee, shall accept a registration for a scrap metal dealer as otherwise provided for herein, from any scrap metal dealer engaged in business in the city and qualified to file such registration, to purchase regulated scrap metals.
(b) Registrations issued hereunder, unless revoked as herein provided, shall be effective for a period of 10 years.
(c) If an original registration is accepted, the governing body, or its designee, shall grant and issue renewals thereof upon application of the registration holder, if the registration holder is qualified to receive the same and the registration has not been revoked as provided by law. The registration fee for such renewal shall be $50.
(d) No registration or renewal issued hereunder shall be transferable. (Ord. 610, Sec. 1; Code 2015)
5-305 SAME; PENALTY. Violation of section 5-301 is a class A violation and punishable by a fine of not more than $2,500 or imprisonment in jail for not more than 12 months or by both such fine and imprisonment. (Code 2015)
5-306. SAME; EXCEPTION. This article shall not apply to a business licensed under the provisions of K.S.A. 8‑2404, and amendments thereto, unless such business buys or recycles regulated scrap metal that are not motor vehicle components. (Code 2015)
5-307. SAME; ISSUANCE; DISQUALIFICATION. (a) After examining the information contained in a filing for a scrap metal dealer registration and determining the registration meets the statutory requirements for such registration, the governing body, or its designee, shall accept such filing and the scrap metal dealer shall be deemed to be properly registered.
(b) No scrap metal registration shall be accepted for:
(1) A person who is under 18 years of age and whose parents or legal guardians have been convicted of a felony or other crime which would disqualify a person from registration under this section and such crime was committed during the time that such parents or legal guardians held a registration under this article.
(2) A person who, within five years immediately preceding the date of filing, has pled guilty to, been convicted of, released from incarceration for or released from probation or parole for committing, attempting to commit, or conspiring to commit a violation of article 37 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 2011 Supp. 21‑5801 through 21‑5839 and subsection (a)(6) of K.S.A. 2011 Supp. 21‑6412, perjury, K.S.A. 21‑3805, prior to its repeal, or K.S.A. 2011 Supp. 21‑5903, compounding a crime, K.S.A. 21‑3807, prior to its repeal, obstructing legal process or official duty, K.S.A. 21‑3808, prior to its repeal, falsely reporting a crime, K.S.A. 21‑3818, prior to its repeal, interference with law enforcement, K.S.A. 2011 Supp. 21‑5904, interference with judicial process, K.S.A. 2011 Supp. 21‑5905, or any crime involving moral turpitude.
(3) A person who, within the five years immediately preceding the date of registration, has pled guilty to, been found guilty of, or entered a diversion agreement for violating the provisions of section 5-301, and amendments thereto, K.S.A. 50‑6,109 et seq., and amendments thereto, the laws of another state comparable to such provisions or laws of any county or city regulating the sale or purchase of regulated scrap metal three or more times.
(4) A person who within the three years immediately preceding the date of registration held a scrap metal dealer registration which was revoked, or managed a facility for a scrap metal dealer whose registration was revoked, or was an employee whose conduct led to or contributed to the revocation of such registration.
(5) A person who makes a materially false statement on the registration application or has made a materially false statement on a registration or similar filing within the last three years.
(6) A partnership or limited liability company, unless all members of the partnership or limited liability company are otherwise qualified to file a registration.
(7) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, would be ineligible to receive a license hereunder for any reason.
(8) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all of the qualifications for registration.
(9) A person whose spouse has been convicted of a felony or other crime which would disqualify a person from registration under this section and such crime was committed during the time that the spouse held a registration under this article. (Code 2015)
5-308. SAME; SUSPENSION OR REVOCATION OF REGISTRATION.
(a) The governing body, upon five days notice to the persons holding a registration, may suspend the scrap metal dealer’s registration for up to 30 days for any one of the following reasons:
(1) The registrant has been convicted of violating any of the provisions of K.S.A. 50‑6,109 et seq., and amendments thereto, or any similar article or code provisions adopted by the city;
(2) The employment or continuation in employment of a person if the registered scrap metal dealer knows such person has, within the 24 months prior to the notice of suspension or revocation action, been convicted of violating any of the provisions of K.S.A. 50‑6,109 et seq., and amendments thereto, or the laws of another state comparable to such provisions, or any city code, or regulation controlling scrap metal sale or purchase in Kansas or any other state; or
(3) Permitting any criminal activity under the Kansas criminal code, or similar code adopted by the city in or upon the registrant’s place of business.
(b) The governing body may revoke the registration of a scrap metal dealer who has had its registration suspended three or more times within a 24‑month period.
(c) The governing body, upon five days’ notice to the person holding the registration, shall revoke or suspend the registration for any one of the following reasons:
(1) The registrant has fraudulently registered by knowingly giving materially false information on the registration form;
(2) The registrant has become ineligible to obtain a registration under this article;
(3) The nonpayment of any registration fees after receiving written notice that such registration fees are more than 30 days past due; or
(4) Within 20 days after the order of the governing body denying, revoking or suspending any registration, the registrant may appeal to the district court and the district court shall proceed to hear such appeal as though the court had original jurisdiction of the matter. Upon request by the registrant, the district court may enjoin the revocation or suspension of a registration until final disposition of any action brought under this article.
(d) Any action brought under subsections (a), (b) or (c) shall be brought individually against a single registrant’s site and not against any other scrap metal sites or locations registered by the same individual, company or business entity. (Code 2015)
ARTICLE 4. STORAGE FACILITIES
5-401. HAZARDOUS STORAGE FACILITIES. (a) It shall be unlawful for any person or entity to establish or operate any anhydrous ammonia, commercial gasoline, or propane storage facility within the city limits of Jetmore without first registering each place of business with the city as herein provided.
(b) Section (a) includes all storage facilities intended for use in storage of anhydrous ammonia, commercial gasoline, or propane for resale or any facility for used in connection with business which is capable of containing more than 300 gallons of anhydrous ammonia, commercial gasoline, or propane. (Ord. 453, Sec. 1; Ord. 456, Sec. 1:2; Code 2015)
5-402. SAME; REGISTRATION; APPLICATION; FEES; PENALTY. Application for registration for any storage facility shall be made upon a form furnished by the city clerk and shall contain:
(a) The name, residence, telephone number of the applicant; The maximum capacity by volume of the proposed storage facility and its proposed location, along with a brief statement of safety precautions planned at the proposed storage facility;
If any, the name of the applicants insurer and policy number(s) and the amounts of liability insurance covering injury or damages arising out of the anhydrous ammonia storage facility. (Ord. 453, Sec. 2; Ord. 456, Sec. 3; Code 2015)
5-403. SAME; ISSUANCE OF REGISTRATION. Upon receipt of the application for registration, the application fee and verifying the information contained in the registration application that the applicant is qualified, the city clerk shall forward the application to the City Council, who shall approve or deny the application at the first regular meeting following the receipt of the application. (Ord. 453, Sec. 3:4; Ord. 456, Sec. 4:5; Code 2015)
5-404. SAME; APPEALS. Any applicant aggrieved by a decision of the City Council, may within twenty days after notification of such decision, appeal the same to any Kansas court of competent jurisdiction. (Ord. 453, Sec. 5; Ord. 456, Sec. 6; Code 2015)
5-405. HEALTH AND SAFETY REQUIREMENTS. In addition to any other rules and regulations imposed by the City of Jetmore, the State of Kansas, or any other regulatory body, the city hereby requires as minimum safety rules and regulations, that any person or entity establishing or maintaining any facility for the storage or dispensing of anhydrous ammonia, commercial gasoline, propane or any volatile or poisonous liquid or gas, establish and meet the following requirements:
(a) The storage tank shall be at least ten feet (10′) from any property line, including buildings and the city alley.
(b) A ten foot (10′) perimeter shall be maintained all around the storage tank, in which nothing will be located, kept, parked or stored.
(c) An emergency shut-off valve shall be installed, that is clearly visible, operational and accessible at all times.
(d) All valves connected to the storage tank and infrastructure shall have secure padlocks, to prevent theft or accidental release.
(e) Proper decals stating “Flammable”, “Propane”, and “No Smoking”.
(f) Additional safety measures, infrastructure, or requirements as determined necessary for each storage tank request application. (Ord. 641)
ARTICLE 5. OIL AND GAS DRILLING
5-501. DRILLING. (a) It shall be unlawful for any person, firm or corporation to drill or commence operations for the drilling of a well for oil and gas purposes at any place within the city limits of the City of Jetmore, Kansas other than the Airport or the City Lake.
(b) Drilling at the City of Jetmore Airport must have prior approval from the FAA before drilling as well as be in full compliance with all FAA regulations for maintaining an operation near and around an airport. (Code 2015)
5-502. DRILLING REQUIREMENTS. That all oil and gas wells drilled within the City Airport or City Lake, shall be drilled as nearly as practicable in the center of a ten (10) acre square geographical location; provided however, that the Governing Body, at the time of the granting of the license hereinafter provided for, may permit such variations as may be deemed necessary in the amount of acreage required, and the location of the drill site, depending upon geographical factors, upon the location of houses and other buildings, and the area available which might be attributed to such proposed well. (Ord. 332, Sec. 1; Code 2015)
5-503. LICENSE. It shall be unlawful for any person, firm or corporation to drill or commence operations for the drilling of a well for oil and gas purposes at any place within the City Airport or City Lake, without first having obtained from the Governing Body, a license or permit for the commencement of such operations and for the drilling of such well. The applicant for such permit shall, at the time of making application therefore, deposit with the City Clerk a fee of $500.00, and in the event such permit is granted, said fee shall be retained by the City, but if such permit is denied, said fee shall be returned to the applicant. (Ord. 332, Sec. 2; Code 2015)
5-504. LICENSE REQUIREMENTS. No such permit shall be granted by the Government Body until the applicant therefore, shall have submitted satisfactory evidence as follows:
(a) That all property owners in the area attributable to or which might be attributed to the location where it is proposed to drill said well, have had an opportunity to join in the execution of an oil and gas lease or leases, covering said land, and that the applicant has a valid oil and gas lease or leases, signed by the persons owning at least 51% of the territory in said area, which said lease shall contain a provision or shall be accompanied by an agreement in writing, providing for the pooling of all royalties and rentals arising from said leases or from production on said acreage to be distributed to the respective property owners in accordance with the number of square feet owned by each lessor.
(b) A map or plat of the area covered by said oil and gas lease, showing the proposed location of each well, together with the written consent of the owner of the land on which said well is proposed to be located, consenting to the drilling of said well on said land, which said map or plat shall also show the location of all residences, buildings and other structures in the immediate vicinity of such proposed location.
(c) A drilling agreement providing adequate protection to all persons who might be concerned with such drilling operations, including a reasonable and adequate plan for the handling of slush, base sediment and salt water that may be produced in connection with the drilling and operation of said well, together with facilities for the handling of production to the end that it may not be necessary to store oil in any populated area, which said agreement shall also provide that in the event said well is non-productive, all tools, equipment and machinery used in connection with the drilling of said well shall be removed within 60 days thereafter, and the premises fully restored to their original condition as nearly as practicable. (Ord. 332, Sec. 3; Code 2015)
5-505. BONDS. No such permit shall be granted by the Governing Body for the drilling of a well in or near a populated area, or an area occupied by buildings or other structures until the applicant shall have deposited with the city a good and sufficient bond in amount of $1,000,000.00, conditioned that said applicant will comply with the provisions of this article, and that he will protect the safety of persons and property in the vicinity of said well from damage, by reason of such operations, and will fully pay all such damages. (Ord. 332, Sec. 4; Code 2015)
5-506. PENALTIES. Any person, firm or corporation hereafter drilling or commencing operations for the drilling of any oil or gas well in violation of the provisions of this article, or thereafter pumping or operating any well drilled in violation of this article, shall upon conviction thereof, be punished by a fine of not less than $1,000.00 nor more than $10,000.00, or by imprisonment in the city jail for not more than 30 days, or by both such fine and imprisonment, and each day’s violation of this article shall be deemed a separate offense. (Ord. 332, Sec. 7; Code 2015)
ARTICLE 6. TVS AND ANTENNAS
5-601. PERMIT REQUIRED. It shall be unlawful for any person to install, alter or relocate, either as owner or as agent, servant or employee of the owner, or as an independent contractor for the owner, or otherwise, any television or radio out-of-doors receiving antenna system or portion thereof, or any additions to, or substitutions for, said antennas system unless and until an installation permit shall have first been obtained from the city clerk, the application for such permit to be made upon blanks provided by the city clerk. (Ord. 361, Sec. 601; Code 2015)
5-602. FEES. There shall be no charge for any permit issued under section 5-601. (Ord. 361, Sec. 602; Code 2015)
5-603. INSPECTION. When any installation, alteration or relocation of any such antenna system is complete, the permitee shall notify the electrical inspector, or his designated assistant, and it shall be his duty to inspect promptly the installation, alteration or relocation, and if such installation, alteration or relocation complies with the terms of this article, the inspector shall give the permitee a certificate to that effect. If such installation, alteration or relocation does not comply with the terms herein, the inspector shall notify the permitee of the corrective measures to be taken. When such corrective measures have been completed, the electrical inspector shall re-inspect and if found to comply, the certificate shall be given. The inspector may inspect at any time any such antenna which he suspects to have become a hazard to life or the property of others, and if, in his judgment, any antenna system is found to be unsafe to life or property, or is not in conformity with provisions of this article, he shall notify the person owning or operating the hazardous equipment to correct the condition within the time specified by said electrical inspector. Failure to make such correction within such specified time shall constitute a violation of this article. (Ord. 361, Sec. 603; Code 2015)
5-604. LOCATION. All such antennas and/or masts shall be located a safe distance from all primary power and street lighting circuits. The location of all such antennas and/or masts and their buy wires, anchors, and other parts thereof shall be subject to the approval of the electrical inspector. (Ord. 361, Sec. 605; Code 2015)
5-605. GUY WIRES. Each said guy wire shall have at least one approved insulator between antenna mast and point fastening at the earth. No guy wire shall be fastened to any public utility pole. No wires, cables or guy wires shall cross over or extend over any part of a public street, alley or sidewalk. (Ord. 361, Sec. 606; Code 2015)
5-606. GROUNDINGS. Every such antenna or mast shall be solidly grounded for protection against lightning discharge, using a ground conductor not smaller than no. 8 AWG copper wire, connected with an approved ground clamp to the water system on the premises if available, or ½x8’ copperweld ground rod or its equivalent. Where a ground rod is used, it shall be located a minimum of two feet from any foundation or other underground structure, and shall be driven vertically downward until the top is a minimum of six inches below the surface of the ground. (Ord. 361, Sec. 607; Code 2015)
ARTICLE 7. ROOFING REGISTRATION
5-701. DEFINITIONS. The following terms shall mean:
(a) Roofing Contractor. Any person or legal entity engaged in the business of repairing, replacing, installing or working on roofs on residential and commercial buildings and structures within the corporate limits of Jetmore, Kansas.
(b) Insurance. A contract or declaration sheet provided by a commercial liability and casualty insurance company issued and binding within the State of Kansas. (Code 2015)
5-702. PERMIT REQUIRED. All persons or legal entities acting as roofing contractors within the city of Jetmore are required to comply with Kansas State Law concerning registration and compliance with the Kansas Attorney General’s Office, as engaged in the business of roofing both residential and commercial buildings and structures. All roofing contractors shall, before engaging in the practice and business of roofing, present themselves to the City Clerk to provide a copy of their current State of Kansas-issued permit allowing them to construct, install or repair roofs for residential and commercial buildings and structures. At the time of presenting the permit to the City Clerk, roofing contractors shall also provide proof of current liability and casualty insurance in a minimum of $500,000.00 as well as a certificate of workers compensation coverage or an affidavit of exemption or self-insurance. The City Clerk is authorized to make copies of said documents for City purposes. (Code 2015)
5-703. PENALTY. The failure of any roofing contractor to provide proof if its permit and authorization, as well as insurance coverage, to the City Clerk prior to engaging in roofing business in the City of Jetmore, shall be guilty of a Class A violation, punishable at City Court of up to $2,500.00 and six (6) months in jail, or both. In addition, the City shall have the authority to cause the roofing contractor to cease and desist, as well as to seize materials and equipment as evidence of the crime of violating these provisions. (Code 2015)