Article 1. General Provisions
1.1.1. Title.
The codification of ordinances of the City of Bel Aire, Kansas, as adopted in the Adopting Ordinance shall be entitled the “Code of the City of Bel Aire, Kansas,” and may be so cited.
1.1.2. Codification
The codification of ordinances of the City of Bel Aire, Kansas, as authorized by K.S.A. 12-3014 and K.S.A. 12-3015 and amendments thereto, set out in chapters, and entitled the “Code of the City of Bel Aire, Kansas,” is hereby adopted and said codification shall become effective upon the publication of the adopting ordinance. At least three copies of this Code shall be kept on file in the office of the City Clerk and kept available for inspection by the public at all reasonable business hours.
1.1.3 Prior ordinances.
All ordinances and parts of ordinances of a general nature passed prior to February 7, 2023 in force and effect at the effective date of the “Code of the City of Bel Aire, Kansas” are hereby repealed as of the date of publication of this Code.
1.1.4. Construction.
In construing this Code, the following ordinances shall not be considered or held to be ordinances of a general nature:
1. Ordinances pertaining to the acquisition of property or interests in property by gift, purchase, devise, bequest, appropriation or condemnation;
2. Ordinances opening, dedicating, widening, vacating or narrowing streets, avenues, alleys and boulevards;
3. Ordinances establishing and changing grades of streets, avenues, alleys and. boulevards;
4. Ordinances naming or changing the names of streets, avenues and boulevards;
5. Ordinances authorizing or directing public improvements to be made;
6. Ordinances creating districts for public improvements of whatsoever kind or nature;
7. Ordinances levying general taxes;
8. Ordinances levying special assessments or taxes;
9. Ordinances granting any rights, privileges, easements or franchises therein mentioned to any person, firm, corporation or other entity;
10. Ordinances authorizing the issuance of bonds and other instruments of indebtedness by the City;
11. Ordinances authorizing contracts;
12. Ordinances establishing the limits of the City or pertaining to annexation or exclusion of territory;
13. Ordinances relating to compensation of officials, officers and employees of the City;
14. All charter ordinances;
15. Any appropriation ordinance or ordinances relating to a specific transfer of funds;
16. Any zoning ordinance or ordinances changing the zoning classification of any property within the city or amending the city’s zoning map;
17. Ordinances of a temporary nature;
18. Any ordinance which is special, although permanent in effect;
19. Any ordinance, the purpose of which has not been accomplished.
Provided, that the above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of a general nature and general ordinances specifically excepted by this section.
1.1.5. Arrangement.
The arrangement and classification of the several chapters, articles and sections of this Code and the headnotes, annotations, cross-references and footnotes within the chapters, articles and sections are designed to orient users to the contents of the code, made for the purpose of convenience and orderly arrangement, and do not constitute a part of the ordinances, and therefore, no implication or presumption of legislative intent or construction is to be drawn therefrom.
1.1.6. Affect.
The repeal of ordinances as of the date of publication of this Code shall not affect any rights acquired, fines penalties, forfeitures or liabilities incurred thereunder, or actions involving any of the provisions of said ordinances or parts thereof. Said above repealed ordinances are hereby continued in force and effect after the passage, approval and publication of this Ordinance for the purpose of such rights, fines, penalties, forfeitures, liabilities and actions thereunder.
1.1.7. Severability.
If for any reason any chapter, article, section, subsection, sentence, portion or part of this Code or the application thereof to any person or circumstance is declared to be unconstitutional or invalid, such determination will not affect the validity of the remaining portions of this Code.
1.1.8. Amendments.
Any section of this code may be amended or repealed by ordinary ordinance by reference to the code section number as follows: “Section _ of the Code of the City of Bel Aire, Kansas is amended to read as follows: (the new provisions shall then be set out in full)”, or in conformance with K.S.A. 12-3014 and 12-3015.
1.1.9. Additions.
A new section (or article or chapter) may be added to the code as follows: “The Code of the City of Bel Aire, Kansas is hereby amended by adding new Section (or article or chapter) which reads as follows: (the new provisions shall be set out in full)”, or in conformance with K.S.A. 12-3014 and 12-3015.
1.1.10. Repeal.
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 Bel Aire, Kansas is hereby repealed”, or in conformance with K.S.A. 12-3014 and 12-3015.