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THE SHAWNEE COUNTY, KANSAS CODEBy Order of The Board of County Commissionersof the County of Shawnee, KansasAdopted , 2006Effective , 2006

OFFICIALSOFSHAWNEE COUNTY, KANSASAT THE TIME OF THIS CODIFICATIONMarice A. Kane, First DistrictVictor W. Miller, Second DistrictTheodore D. Ensley, Third DistrictBoard of Shawnee County CommissionersRichard V. EckertCounty CounselorCynthia A. BeckShawnee County Clerk

ADOPTING RESOLUTIONHOME RULE RESOLUTION NO. 2006-9A Home Rule Resolution adopting the Shawnee County Code; providing forthe repeal of certain resolutions not included therein; providing a penalty forthe violation thereof; providing for the manner of amending such code; andproviding the effective date of such code and this resolution.WHEREAS, the Board of County Commissioners (the “Board”) of Shawnee County,Kansas (the “County”) has determined the need to codify its resolutions in order to reviewthe laws of the County in conjunction with the current state laws and court decisions, toeliminate obsolete provisions, duplications, and inconsistencies within the laws and withstate laws, and to provide the citizens of the County with one convenient, condensed sourceof such laws.NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTYCOMMISSIONERS OF SHAWNEE COUNTY, KANSAS:SECTION 1. The Code entitled “The Code of Shawnee County, Kansas,” authorizedunder K.S.A. 19-101a, et seq., and consisting of Chapters 1 through 29, each inclusive, ishereby adopted. The Code may also be cited as the “Shawnee County Code.”SECTION 2. All resolutions enacted on or before September 28, 2006, that are inconflict with the Code are hereby repealed.SECTION 3. Unless another penalty is expressly provided, every person convicted ofa violation of any provision of the Code or any resolution, rule or regulation adopted or issuedin pursuance thereof, shall be punished by a fine not exceeding five hundred dollars. Eachact of violation and each day upon which any such violation shall occur shall constitute aseparate offense. In addition to the penalty prescribed above, the county may pursue otherremedies such as abatement of nuisances, injunctive relief, revocation of licenses or permits,or any other remedy available by law to the County.SECTION 4. Subsequent resolutions adding to or amending the Code shall bedeemed as incorporated in the Code, so that reference to the Code includes the additions andamendments, unless the amending resolution(s) specifies otherwise. At regular intervals,additions or amendments will be added to the existing Code in printed form.SECTION 5. Resolutions adopted after September 28, 2006, that amend or refer toresolutions that have been codified in the Code, shall be construed as if they amend or referto like provisions of the Code.SECTION 6. It shall be the duty of the Shawnee County Counselor to weigh anyResolutions that are enacted after the adoption of the Shawnee County Code, and todetermine if each Resolution is appropriate for inclusion in the Code. If a subsequentResolution is appropriate for inclusion in the Code, it shall be up to the discretion of theCounty Counselor to determine the most suitable chapter, article, and section of the Code.SECTION 7. The Shawnee County Counselor shall have the power and authority tomake minor amendments to the Shawnee County Code for spelling, grammar, and otherstylistic purposes. Such amendments do not need to be adopted by separate Resolution.

SECTION 8. This resolution shall take effect and be in force and effect after onepublication in the official County newspaper.PASSED and approved by the Board of County Commissioners of Shawnee County,Kansas, this 28th day of September 2006.BOARD OF COUNTY COMMISSIONERSSHAWNEE COUNTY, KANSASATTEST:Vic W. Miller, ChairmanCynthia A. Beck, County Clerk(SEAL)Theodore D. Ensley, Vice ChairmanMarice A. Kane, Commissioner

TABLE OF CONTENTSCHAPTER 1. GENERAL PROVISIONS. 1ARTICLE I. IN GENERAL . 1Sec. 1-1. Code Authorized And Designated. 1Sec. 1-2. Definitions And Rules Of Construction. 1Sec. 1-3. Existing Resolutions. 3Sec. 1-4. Effect Of Repeal. . 3Sec. 1-5. Headings. . 3Sec. 1-6. Parenthetical And Reference Matter. . 3Sec. 1-7. Amendments. . 3Sec. 1-8. Code Applicability. 4Sec. 1-9. Severability. . 4Sec. 1-10. Resolutions Not Affected By Code. . 4Sec. 1-11. Code Does Not Affect Prior Offenses, Rights, Etc. . 5Secs. 1-12 ― 1-100. Reserved. . 5CHAPTER 2. ADMINISTRATION. 6ARTICLE I. IN GENERAL . 6Sec. 2-1. Board Of County Commissioners. . 6Sec. 2-2. Exemption From K.S.A. 19-209. . 6Sec. 2-3. Meetings And Resolutions. . 6Sec. 2-4. Office Hours. . 7Sec. 2-5. Resolution Procedure. 8Sec. 2-6. Resolution Shall Bear Name Of Commissioner Sponsoring Same. 8Sec. 2-7. Costs Of Telephone Participation. 8Sec. 2-8. Resolution Book. . 8Sec. 2-9. Logo. . 8Sec. 2-10. Flag. 8Sec. 2-11. Commission Districts. . 9Sec. 2-12. Kansas Association Of Counties And National Association Of Counties. . 10Secs. 2-13 ― 2-50. Reserved. . 10ARTICLE II. OPEN RECORDS POLICY . 10Sec. 2-51. Open Records Procedures. 10Sec. 2-52. Freedom Of Information Officer. . 11i

Secs. 2-53 ― 2-70. Reserved. . 12ARTICLE III. OPEN MEETINGS POLICY. 12Sec. 2-71. Open Meetings Policy. . 12Sec. 2-72. Same; Circumvention. . 12Secs. 2-73 ― 2-90. Reserved. . 12ARTICLE IV. CLAIMS AGAINST COUNTY . 12Sec. 2-91. Claims Procedure. 12Sec. 2-92. Providing Defense In Legal Actions. . 12Sec. 2-93. Civil Claims Against County Employees. . 12Sec. 2-94. Authorization To Settle Employment Claims. 13Secs. 2-95 ― 2-120. Reserved. . 13ARTICLE V. CORRECTIONS DEPARTMENT . 13Sec. 2-121. Booking And Processing Fee. 13Sec. 2-122. Collection Of Maintenance Costs Of Certain Inmates. 13Secs. 2-123 ― 2-160. Reserved. . 14ARTICLE VI. TAX REFUND INTEREST PAYMENT . 14Sec. 2-161. Interest To Be Paid On Tax Refunds. . 14Secs. 2-162 ― 2-190. Reserved. . 14ARTICLE VII. INHERENT POWER OF EMINENT DOMAIN. 14Sec. 2-191. County’s Inherent Power Of Eminent Domain. 14Secs. 2-192 ― 2-220. Reserved. . 15ARTICLE VIII. ABANDONED/UNCLAIMED CASH. 15Sec. 2-221. Abandoned/Unclaimed Cash. 15Secs. 2-222 ― 2-240. Reserved. . 15ARTICLE IX. CREDIT CARDS . 15Sec. 2-241. Issuance Of Credit Cards. . 15Secs. 2-242 ― 2-260. Reserved. . 15ARTICLE X. INSUFFICIENT FUNDS CHECKS. 15Sec. 2-261. Insufficient Funds Checks. . 15Secs. 2-262 ― 2-280. Reserved. . 15ARTICLE XI. TITLES ON FORFEITED VEHICLES. 15Sec. 2-281. Transferring Title On Forfeited Vehicles Upon Sale. . 15Secs. 2-282 ― 2-300. Reserved. . 16ARTICLE XII. HIPAA COMPLIANCE . 16Sec. 2-301. HIPAA Compliance; Appointment Of Security Officer. . 16ARTICLE XIII. REPLACEMENT CHECKS. 16ii

Sec. 2-331. Collection of Replacement Check Fees and Expenses. 16Secs. 2-332 ― 2-350. Reserved. . 16CHAPTER 3. ALARM SYSTEMS.17ARTICLE I. IN GENERAL . 17Secs. 3-1 ― 3-50. Reserved. . 17ARTICLE II. PURPOSE. 17Sec. 3-51. Purpose. 17Secs. 3-52 ― 3-70. Reserved. . 17ARTICLE III. DEFINITIONS. 17Sec. 3-71. Definitions. 17Secs. 3-72 ― 3-100. Reserved. . 19ARTICLE IV. REGULATIONS AND STANDARDS . 19Sec. 3-101. Automatic Dialing Device; Interconnection Prohibited To Primary Line. 19Sec. 3-102. Same; Interconnection To CECC. . 20Sec. 3-103. Same; Intermediary Service. . 20Sec. 3-104. Same; Standards. 20Sec. 3-105. Same. . 21Sec. 3-106. Financial Institutions Subject To Bank Protection Act; Penalties. . 21Sec. 3-107. Alarm System Users Not Subject To Bank Protection Act; Penalties. . 21Sec. 3-108. Procedure For Imposing Penalties. . 22Sec. 3-109. Inspection Of Alarm Devices In Businesses; Right Of Entry. . 22Sec. 3-110. Testing Equipment. . 22Sec. 3-111. Notice Of Disruption Of Service. . 22Sec. 3-112. Direct Connection To CECC. . 22Sec. 3-113. Penalties For Violations. 22Secs. 3-114 ― 3-150. Reserved. . 22CHAPTER 4. ALCOHOLIC BEVERAGES.23ARTICLE I. IN GENERAL . 23Secs. 4-1 ― 4-50. Reserved. . 23ARTICLE II. LICENSE FEES . 23Sec. 4-51. License Fees. . 23Sec. 4-52. Exemption From K.S.A. 41-2702(d). . 23Sec. 4-53. Exemption From K.S.A. 41-2702(g). 23Sec. 4-54. Board Establishes Fee. 24Sec. 4-55. Fee Resolution. . 24Secs. 4-56 ― 4-80. Reserved. . 24iii

ARTICLE III. COUNTY PROPERTY. 24Sec. 4-81. Consumption On County Property; Prohibitions. . 24Sec. 4-82. Same; Alcoholic Liquor; Exceptions. . 24Sec. 4-83. Same; Exceptions. 24Sec. 4-84. Same; Containers. . 25Sec. 4-85. Same; Violation; Penalty. 25Secs. 4-86 ― 4-120. Reserved. . 25ARTICLE IV. SUNDAY SALES . 25Sec. 4-121. Sunday Sales Permitted To Certain Businesses. . 25Sec. 4-122. Sunday Sales; Affidavit Required. 25Secs. 4-123 ― 4-150. Reserved. . 26ARTICLE V. SALE OF ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGESON SUNDAY AND CERTAIN HOLIDAYS. 26Sec. 4-151. Sale of Alcoholic Liquor And Cereal Malt Beverages On Sunday AndCertain Holidays. . 26Secs. 4-152 ― 4-190. Reserved. . 26ARTICLE VI. CLUB/DRINKING ESTABLISHMENT TAX . 26Sec. 4-191. Class A Club. 26Sec. 4-192. Class B Club. 26Sec. 4-193. Drinking Establishment. 26Secs. 4-194 ― 4-230. Reserved. . 27ARTICLE VII. DELINQUENT REAL ESTATE TAXES . 27Sec. 4-231. Cereal Malt Beverage License Prohibited; Delinquent Real Estate Taxes. 27Sec. 4-232. Definition. . 27Secs. 4-233 ― 4-250. Reserved. . 27CHAPTER 5. ANIMALS .28ARTICLE I. IN GENERAL . 28Secs. 5-1 ― 5-50. Reserved. . 28ARTICLE II. ANIMALS AT LARGE . 28Sec. 5-51. Definitions. 28Sec. 5-52. Dog Regulations In Subdivisions. 28Sec. 5-53. Prohibitions. 29Sec. 5-54. Impoundment. 29Sec. 5-55. Redemption. . 29Sec. 5-56. Penalties. 30Secs. 5-57 ― 5-90. Reserved. . 30iv

ARTICLE III. EXOTIC ANIMALS . 30Sec. 5-91. Definitions. 30Sec. 5-92. Owning Certain Animals Prohibited. 30Sec. 5-93. Exclusions. . 30Sec. 5-94. Grandfather Clause. 31Sec. 5-95. Permit Required. . 31Sec. 5-96. Enforcement. 32Secs. 5-97 ― 5-130. Reserved. . 33ARTICLE IV. DANGEROUS ANIMALS . 33Sec. 5-131. Definitions. 33Sec. 5-132. Applicability. 34Sec. 5-133. Miscellaneous Provisions. . 34Sec. 5-134. Fighting Animals. 34Sec. 5-135. Dangerous Animals At Large. . 34Sec. 5-136. Confinement. 34Sec. 5-137. Impoundment And Capture. 36Sec. 5-138. Penalties. 36Secs. 5-139 ― 5-170. Reserved. . 37ARTICLE V. DISEASED ANIMALS. 37Sec. 5-171. Rabies Vaccination. . 37Sec. 5-172. Penalty. . 37Sec. 5-173. County Health Officer Duties. . 37Sec. 5-174. Rabid Animals; Duty To Report; Killing/Removal Restricted; Surrender.37Secs. 5-175 ― 5-200. Reserved. . 38ARTICLE VI. LAW ENFORCEMENT ANIMALS . 38Sec. 5-201. Cruelty To Law Enforcement Animals. 38Sec. 5-202. Law Enforcement Dogs. . 38Secs. 5-203 ― 5-230. Reserved. . 39ARTICLE VII. EUTHANIZATION OR PLACEMENT OF ANIMALS . 39Sec. 5-231. Euthanization Or Placement Of Animals. . 39Secs. 5-232 ― 5-260. Reserved. . 39ARTICLE VIII. LEASH LAW . 39Sec. 5-261. Leash Law. . 39Secs. 5-262 ― 5-300. Reserved. . 40CHAPTER 6. BUILDINGS AND CONSTRUCTION .41ARTICLE I. IN GENERAL . 41v