City of Ramona

ORDINANCE NO. 197

Enacted:  March 2014

Last amended: June 8, 2015

AN ORDINANCE DECLARING THE ACCUMULATION OF GARBAGE, RUBBISH AND TRASH UPON PUBLIC OR PRIVATE PREMISES TO BE UNLAWFUL; REQUIRING GARBAGE, RUBBISH AND TRASH TO BE SECURELY FASTENED AND CONTAINED; PROVIDING AND AUTHORIZING THE ASSESSMENT OF FINES FOR VIOLATIONS; AND REPEALING AND REPLACING ORDINANCE NO. 169. 

WHEREAS, it is in the interest of the health, safety and welfare of residents and all persons coming within the City of Ramona, Kansas, that garbage, rubbish and trash be contained and disposed of; and

THEREFORE, be it ordained by the Governing Body of the City of Ramona, Kansas;

1.  DEFINITIONS: The following words when used in this ordinance, for the purpose of this ordinance, shall be interpreted in light of the following definitions:

a.  Commercial establishments shall include, among others, the operation of storage, mercantile, industrial, business, institutional, hotels, motels, and other establishments whose primary purpose is commercial and commonly designated as such, and the premises used for such purposes.

b.  Dwelling unit shall mean a building or structure whose primary purpose is used for single family or multi-family units to be used for living, sleeping, cooking and eating. 

c.  Person shall include any person, firm, partnership, association, corporation, LLC, governmental body or agency.

d.  Garbage shall mean putrescible animal and vegetable wastes resulting from the preparing, handling, cooking and consumption of food, food stuffs or food produce.

e.  Rubbish shall mean nonputrescible wastes consisting of miscellaneous materials including paper, tin cans, glass, fabrics, utensils, pliable cartons and boxes, excelsior, sweepings of dust and dirt.

f.  Trash shall mean and include all other putrescible and nonpetrescible wastes, except body wasters, and include among other things wood, non-pliable crating, barrels, shrubbery and tree trimmings, discarded furniture, bedding, tires, abandoned automobile bodies, junk, rocks, ashes, branches, leaves and other vegetation. Items described by this definition encompass all offal and materials not suitable for compression and processing by city sanitary equipment. Trash shall not include excavation materials or building materials. 

g.  Refuse shall mean and include garbage, rubbish and trash.

h.  Premises shall mean and include a lot, plot, parcel of land including buildings, structures and appurtenances thereon or connected thereto. 

2.  PROHIBITION OF CERTAIN ACTS AND CONDUCT WITHIN THE CITY LIMITS OF THE CITY OF RAMONA, KANSAS. 

a.  It shall be unlawful for any person to throw, place, deposit or allow to accumulate, leave or cause to be thrown, placed, deposited or left on any parking lot, street, sidewalk, gutter, alley, thoroughfare, park or other public grounds or city owned property, any trash, or refuse of any kind. Provided, however, that nothing shall prevent persons receiving permission from the City of Ramona, from encumbering streets or alleys with building materials or earth for the purpose of construction, remodeling, reconstruction or repairing of any building or structure, however, such persons shall remove such materials within ten (10) days of completion of said work and shall leave streets and alleys in the same condition prior to its use thereof. 

b.  Every person including the owner and occupant of any premises within the city limits of the City of Ramona, Kansas shall maintain his/her premises in a clean and sanitary manner free from unsightly and putrescible accumulations of trash, or refuse of any kind. 

c.  Every owner or occupant of any premises within the city limits of Ramona, Kansas shall dispose of all garbage and rubbish in a clean and sanitary manner by placing the same in a container with a lid that prevents moisture accumulation, deterioration, and rot; or allows refuse to escape said container through natural weather occurrences. Each container shall not exceed fifty-five (55) gallon capacity unless approved with the City of Ramona, Kansas. Each owner or occupant shall dispose of refuse on a monthly basis either through their own efforts or through use of M&K trash services. The intent of this provision is to prevent unsightly accumulation of refuse that leads to blight, nuisance and is in the interest of the health, safety and welfare of resident and visitors.

d.  It shall be unlawful for any person to collect and transport trash on city streets within the city limits of the City of Ramona, Kansas, in any vehicle unless such trash be securely fastened or contained to prevent scattering along streets, alleyways, thoroughfares and other public and private property. In the event any such trash shall fall upon adjacent property or city streets the transporter of such trash shall immediately pick up and remove the same. 

e.  It shall be unlawful to intentionally upset, turn over, remove or carry away any container owned by another or to mutilate or cause destruction to such containers used for storage of garbage, rubbish, trash or refuse.

3.  ENFORCEMENT: This ordinance shall be enforced by the City of Ramona’s Animal Control Officers. These officers shall have the authority and power to issue citations to any owner, person or occupant whom violates any provision of this Ordinance.

4.  PENALTIES: Any person, owner or occupant cited in violation of this ordinance shall within fourteen (14) days appear before the City Clerk and either pay a fine equal to their respective offense number; or request a setting in front of the Municipal Judge. 

i.  A 1st Offense shall be punishable by a $25.00 fine.

ii.  A 2nd Offense shall be punishable by a $50.00 fine.

iii.  A 3rd Offense shall be punishable by a $100.00 fine.

iv.  A 4th Offense shall be punishable by a $250.00 fine. 

v.  A 5th Offense shall be punishable by a $500.00 fine.

b.  In addition to penalties, the Court may assess Court Costs on any case it deems appropriate.

c.  Each day of failure to comply with any of the provisions herein provided for and each calendar day during which any violation herein provided for shall continue to exist shall constitute a separate violation.

5.  All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance are hereby replaced and repealed including but not limited to Ordinance No. 169. 

6.  This ordinance shall be in full force and effect from and after its passage and one publication in the Marion County Record, the official city newspaper. 

PASSED AND APPROVED by the Governing Body of the City of Ramona, Kansas, this 8th  day of  June, 2015. 

Byron Noeth, Mayor

Attest: Jessica Gilbert, City Clerk

Approved as to Form:

Signed by:
Brian L. Bina, City Attorney 

CHARTER ORDINANCE NO. 194

A CHARTER ORDINANCE EXEMPTING THE CITY OF RAMONA FROM THE PROVISIONS OF K.S.A. 66-1801 ET SEQ., THE KANSAS UNDERGROUND UTILITY DAMAGE PROTECTION ACT, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINERD BY THE GOVERNING BODY OF THE CITY OF RAMONA:

Section 1. The City of Ramona, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects and does exempt itself and make inapplicable to it K,S,A, 66-1801 through K.S.A. 66-1816, the enactment known as the Kansas Underground Utility Damage Protection Act, which enactment applies to this city, but does not apply uniformly to all cities.

Section 2. All underground water and wastewater facilities installed after the date of this ordinance shall be locatable.

Section 3. Any excavator may, prior to excavating, call the city and request that the city locate any underground wastewater and water facilities.

Section 4. This charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

Section 5. This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon.

Passed by the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, this 14th day of November, 2011.


                        __________________________________
                        Mayor Brendan Bailey



Attested by:
Jessica Gilbert, City Clerk

CITY OF RAMONA

Ordinance #192

Enacted: November 8, 2010

Amended: October 12, 2015

AN ORDINANCE TO PREVENT HEALTH AND SAFETY HAZARD, AND TO REDUCE NUISANCE AND BLIGHT WITHIN THE CITY, PROHIBITING THE KEEPING OF INOPERABLE OR JUNKED MOTOR VEHICLES WITHIN THE CITY, AND TO PROVIDE ENFORCEMENT PROVISIONS AND PENALTIES FOR THE VIOLATION OF SAID ORDINANCE.

Section 1: Findings of Governing Body.

The governing body of Ramona, KS, finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of the citizens of the city and present a blight to the town.

Section 2: Definitions

a. Vehicle means, without limitation, any automobile, truck, tractor or motorcycle, which, as originally built, contained an engine.

b. This ordinance does not apply to a motor vehicle, which is currently registered or tagged pursuant to K.S.A. 88-126 to 8-149 inclusive and operable or stored in a garage.

Section 3: Limits and Specifications of vehicles in City Limits of Ramona

a. Each property/household within city limits is limited to two (2) inoperable vehicles.

b. They are to be parked on private property (not in the city right of way). Vehicle cannot be an eyesore—meaning that all doors, windows, hoods, tires, must be in place. (Hood cannot remain up for longer than 24 hours, for immediate car care.)

c. The area around the vehicles must be maintained: No garbage or trash in the vehicle, no debris around the vehicle, area is to be mowed and weeds kept down.

d. The vehicle cannot be jacked up or on blocks except for immediate car care. (No longer than 24 hours). All four tires are to be on the vehicle.

Section 4: No Salvaging Operations are allowed within Ramona City Limits.

Section 5: Enforcement: The City Council will designate a member of council, the mayor, or any city employee to administer or enforce this ordinance.

a. They will inspect the premises upon receiving a complaint or observes that a nuisance exists.

b. Upon making any inquiry or inspection, the designated officer will make a written report of findings on a City of Ramona Complaint Form.

c. The City of Ramona will notify the property owner/renter/owner of the vehicle that they are not in compliance with this ordinance and have 10 days to comply.

Section 6: Penalty Provision, for noncompliance is an automatic fine plus costs and other lawful sanction including orders of contempt:

a. Any person found to be in violation of this ordinance is subject to payment of a fine of $100.00.

b. The penalty for a first repeat offense shall be a fine of not less than $250.

c. The penalty for any offense, which is a second repeat offense, or any subsequent repeat offense, shall be a fine of not less than $500.

PASSED AND APPROVED BY THE RAMONA CITY COUNCIL, AT RAMONA, MARION COUNTY, KANSAS, THIS 12th DAY OF OCTOBER, 2015.

Approved and signed by: Mayor Byron Noeth
Attested by: Jessica Gilbert, City Clerk
Approved as to Form: Brian Bina, City Attorney

Ordinance No 189

ORDINANCE RELATING TO DOMESTIC AND EXOTIC ANIMALS WITHIN RAMONA CITY LIMITS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RAMONA:

SECTION 1: Animals allowed in City Limits

It’s lawful for a person to maintain or have in his or her possession, within the City Limits, the following animals and fowl, with the following provisions:

1. Cows (fenced, 1 per acre; cow and calf, 3 acres)
2. Horses (fenced, 1 per acre)
3. Sheep (fenced, 6 per acre)
4. Goats (fenced, 6 per acre)
5. Chickens (50 per household, free-range is allowed, unless there’s a complaint)
6. Geese-ducks (fenced, 6 per household)
7. Turkey (fenced, 6 per household)
8. Rabbits (enclosed, 10 per household)
9. Cats
10. Dogs, which are regulated by City Ordinance 196 (renumbered 203 in 2017)

SECTION II. Forbidden animals within City Limits

It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession, or under his or her control within the City, any of the following animals:

1. Pigs
2. Donkeys
3. Peacocks
4. Guineas
5. Ostrich
6. Emu
7. Raccoons
8. Skunk
9. Bobcats or wolves
10. Poisonous or constricting snakes
11. Any other wild or exotic animals

SECTION III: Care and Maintenance of Animals

1. Animals shall be maintained in quarters so constructed as to prevent their escape.
2. The keeping or maintaining of such permitted animals/fowl will not constitute a nuisance or interference with enjoyment of life or property in the neighborhood.
3. The keeping or maintaining of such permitted animals/fowl will not constitute a menace to public health or breeding grounds for insects or vermin.
4. If animals in your care are not adequately housed, fenced, fed and watered, or if grounds become a breeding place for insects and vermin, you will no longer be permitted to maintain such animals within City Limits.
5. Cows, horses, sheep, goats, shall not be kept in any building or enclosure which is connected to or used for residential purposes, or in yards next to a house, or within 50 feet of any residence. There must be adequate fencing to keep animals safely contained on a minimum of acreage as specified in this Ordinance.
6. Acreage within City Limits where horses, cows, sheep, or goats are pastured, is to be maintained as grassland, and not over-grazed to the point of turning the land into a bare lot. If grass is over-grazed and destroyed, then it must be replanted, and animals removed from City Limits until the pasture ground is restored.
7. It is unlawful for any person to permit animals or fowl (other than chickens) to run at large within City Limits, or to contain, or picket any animals in your yard, the city park, or on any public right-of-way within City Limits.
8. It is a nuisance for any person to keep any animal in such a manner as to become offensive to any person residing in the vicinity, or to the general public, due to noise or odor from said animal.

SECTION IV: Complaint Procedure

1. If any of the animals housed on property cause a problem for immediate neighbors, resulting in complaints, the complaint must be submitted to the Council on the City Complaint Form. Complaints must be signed.
2. If the Council sees a clear violation of the ordinance, the Mayor will send a certified letter to the offending party, giving them ten (10) days to come into compliance.
3. If compliance does not occur within the time given, the complaint is turned over to the City Attorney for legal action.

SECTION V: Penalties

1. Violation of this ordinance shall be deemed as unclassified misdemeanors, and shall be punishable by a fine of up to $500, and by other lawful order of the Municipal Judge, including order of contempt.
2. The Municipal Judge shall have the authority to order any animal deemed vicious, confined, destroyed, or removed form the City.
3. If damage to property, injury to another animal or person, should occur because of another animal, the owner is responsible to compensate for the cost of the damage or injury.

This ordinance shall be effective from the date of its passage, and upon one publication in the Marion County Record, the official City newspaper.

Passed and approved by the governing body of the City of Ramona, this 14th day of March, 2016.