The chapters, articles and sections herein shall constitute and be designated as “The Code of the City of Marysville, Kansas,” and may be so cited. The Code may also be cited as the “Marysville City Code.”  

(Code 1987)

In the construction of this code and of all ordinances of the city, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:

(a)   City - shall mean the City of Marysville, Kansas.

(b)   Code- shall mean “The Code of the City of Marysville, Kansas.”

(c)   Computation of Time. - The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be a Saturday, Sunday, or legal holiday, that day shall be excluded.

(d)   County - means the County of Marshall in the State of Kansas.

(e)   Delegation of Authority. Whenever a provision appears requiring or authorizing the head of a department or officer of the City to do some act or perform some duty, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty unless the terms of the provision designate otherwise.

(f)   Gender. - Words importing the masculine gender include the feminine and neuter.

(g)   Governing Body - shall be construed to mean the mayor and city council members of the city, or those persons appointed to fill a vacancy in the office of mayor or the city council as provided in this code.

(h)   In the city - shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

(i)    Joint Authority – All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

(j)    Month - shall mean a calendar month.

(k)   Number. – Words used in the singular include the plural and words used in the plural include the singular.

(l)    Oath - includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the word” swear” is equivalent to the word “affirm.”

(m)  Officers, departments, etc. - Officers, departments, boards, commissions, and employees referred to in this code shall mean officer, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise.

(n)   Owner - applied to a building or land, shall include not only the owner of the whole but any part owner, joint owner, tenant in common or joint tenant of the whole or a part of such building or land.

(o)   Person - includes a firm, partnership, association of person, corporation, organization or any other group acting as a unit, as well as an individual.

(p)   Property - includes real, personal and mixed property.

(q)   Real Property - includes lands, tenements and hereditaments, and all rights thereto and interest therein, equitable as well as legal.

(r)    Shall, may - “Shall” is mandatory and “may” is permissive.

(s)   Sidewalk - means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

(t)    Signature, subscription- includes a mark when the person cannot write, when his or her name is written near such mark and is witnessed by a person who writes his or her own name as a witness.

(u)   State - shall be construed to mean the State of Kansas.

(v)   Street - means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city.

(w)  Tenant or occupant - applied to a building or land, shall include any person holding a written or oral lease of, or who occupies the whole or a part of such building or land, whether alone or with others.

(x)   Tenses - Words used in the past or present tense include the future as well as the past and present.

(y)   Writing or written - may include printing, engraving, lithography and any other mode of representing words and letters, except those cases where the written signature or the mark of any person is required by law.

(z)   Year - means a calendar year, except where otherwise provided.

(Code 1987)

The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.  

(Code 1987)

The repeal of an ordinance shall not revive an ordinance previously repealed, nor shall such repeal affect any right which has accrued, any duty imposed, any penalty incurred or any proceeding commenced under or by virtue of the ordinance repealed, except as shall be expressly stated therein.  

(Code 1987)

The catchlines of the sections of this code printed in capital letters are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of any section, nor unless expressly so provided, shall they be so deemed when any section, including its catchline, is amended or reenacted.  

(Code 1987)

Reference matter may be included within any code section. Such reference matter is intended to assist in the interpretation of the code. Regardless of whether the reference matter is in parenthesis or not, such reference matter is for information only and is not a part of the code. Citations indicate only the source and the text may or may not be changed by this code. This code is a new enactment under the provisions of K.S. A. 12-3014 and 12-3015. 

(Code 1987)

Any portion of this code may be amended by specific reference to the section number as follows:

       “Section______ of the code of the City of Marysville is hereby amended to read as follows: (the new provisions shall then be set out in full)…”

A new section not heretofore existing in the code may be added as follows:

       “The code of the City of Marysville is hereby amended by adding a section (or article or chapter) which reads as follows: (the new provisions shall be set out in full)…”

All sections, or articles, or chapters to be repealed shall be repealed by specific reference as follows:

       “Section (or article or chapter) ____ of the code of the City of Marysville is hereby repealed.”

(Code 1987)

(a)   The governing body shall have the care, management and control of the city and its finances, and shall pass all ordinances needed for the welfare of the city. All ordinances except charter ordinances shall be valid when a majority of all the members-elect of the city council shall vote in favor. Charter ordinances shall be controlled by Article 12, Section 5(c) of the Kansas Constitution.

(b)   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.

(c)   The mayor shall have the power to sign or veto any ordinance passed by the council: Provided however, that the ordinance on which the mayor casts the deciding vote, and on appropriation ordinances, the mayor shall have no veto, and the mayor shall sign such ordinances if present at the meeting and if the mayor refuses or neglects to sign or be not present at the meeting, the ordinance shall take effect with or without the mayor’s signature.

(d)   Any ordinance vetoed by the mayor may be passed over the veto by a vote of three-fourths (3/4) of the whole number of councilmen elected, notwithstanding the veto: Provided that if the mayor does not sign for the approval of the ordinance or return the same with a written statement of veto setting forth such objections that the mayor may have on or before the next regular meeting of the council, the ordinance shall take effect without the mayor’s signature, such fact to be endorsed by the city clerk on the ordinance and at the end of the ordinance as entered in the “ordinance book”: provided further that the president of the council or acting president of the council shall have no power to sign or veto any ordinance.

(K.S.A. 12-3002; K.S.A. 12-3003; Code 2011)

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 contains the entire section or sections as amended and the section or sections amended shall be repealed.

(K.S.A. 12-3004; Code 2011)

(a)   No ordinance, except those appropriating money, shall be in force until published in the official city newspaper by the city clerk. One publication of any such ordinance shall be sufficient unless additional publications are required by statute or ordinance. The publisher of the newspaper shall prefix such published ordinance by a line in parentheses stating the month, day and year of such publication.

(b)   In lieu of full publication of an ordinance pursuant to this section, a city may opt to publish a summary of the ordinance so long as:

(1)   The publication is identified as a “summary” and contains notice that the complete text of the ordinance may be obtained or viewed free of charge at the office of the city clerk;

(2)   the city attorney certifies the summary of the ordinance prior to publication to ensure that the summary is legally accurate and sufficient; and

(3)   the publication contains the city’s official website address where a reproduction of the original ordinance is available for a minimum of one week following the summary publication in the newspaper. If an ordinance is subject to petition pursuant to state law, then the summary shall contain a statement that the ordinance is subject to petition.

(K.S.A. 12-3007; Code 2020)

Following final passage and approval of each ordinance, the city clerk shall enter the same in the ordinance book of the city as provided by law. Each ordinance shall have appended thereto the manner in which the ordinance was passed, the date of passage, the page of the journal containing the record of the final vote on its passage, the name of the newspaper in which published and the date of publication.

(K.S.A. 12-3008; Code 2011)

Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the city council.  

(Code 2011)

The city clerk or any other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with K.S.A. 12-120 to 12-121 inclusive, which is incorporated by reference herein as if set out in full and as provided in the state open records act and the city policy regarding open public records.

(K.S.A. 12-120:121; Code 1987, 1-109; Code 2011)

It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the City of Marysville to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance duly adopted by the governing body.  

(Code 1987, 1-110)

Any person convicted of doing any of the acts or things prohibited, made unlawful, or the failing to do any of the things commanded to be done, as specified and set forth in this code, shall be deemed in violation of this code and punished in accordance with section 1-116. Each day any violation of this code continues shall constitute a separate offense.  

(Code 1987, 1-111)

Whenever any offense is declared by any provision of this code to be a crime, absent a specific penalty or unique punishment prescribed therein, the person violating such code provision shall be punished in accordance with this section.

(a)   Upon a first conviction, such person shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) And/or imprisoned not more than ninety (90) days, or both such fine and imprisonment.

(b)   Upon a second and subsequent conviction, such person shall be fined not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00) and/or imprisoned not less than five (5) days nor more than one hundred seventy-nine (179) days, or both said fine and imprisonment.

(Ord. 1605, Sec. 1; Code 2011)

If for any reason any chapter, article, section, subsection, sentence, clause or phrase of this code or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this code.  

(Code 1987, 1-113)

No bills for the printing of any notice, ordinance or other publication required by law, for and in behalf of the City of Marysville, shall be allowed or order drawn on the treasury for the payment thereof, until there has been filed with the city clerk an affidavit of the publisher or foreman of the official city paper setting forth a copy of such notice, ordinance or other publication, the date of the first and last publication of the same, and the number of times the same was published.  

(Ord. 114, Sec. 1: Code 1987, 1-114)

(a)   The black squirrel is designated as “Marysville City Mascot” and hereafter shall be accorded all the rights and privileges inherent to such designation, including the freedom to trespass on all city property, immunity from traffic regulations, and the right of first choice to all black walnuts growing within the city.

(b)   Anyone who knowingly or willingly maims or kills a black squirrel or, who without permission from the governing body, entraps a black squirrel within the city shall be guilty of a misdemeanor, the conviction of which shall be punishable by a fine and imprisonment as provided in Section 1-116. 

(Ord. 1027, Sec. 2, 3, 6; Code 1987, 1-115)

The mayor of the City of Marysville, annually at nut gathering time, shall, with the advice and consent of the city council and the business community of the city, proclaim a “black squirrel day” on which day all city employees and officials shall be excused for all but essential city business duties and devote their efforts instead to the planning of and the participating in this day of celebration, parading, pageantry, feasting and other nutty or squirrelly activities appropriate to the day.  

(Ord. 1027, Sec. 5; Code 1987, 1-116)

A call shall be issued for the design of a city flag, such to include a black squirrel emblem, with such design being suitable for incorporation onto city letterheads, shoulder patches, bumper stickers, and other advertising media. Upon acceptance and approval of such design by the city council it shall be the official city flag without further ordination.  

(Ord. 1027, Sec. 4; Code 1987, 1-117)