City Commission

OTTAWA CITY COMMISSION STUDY SESSION AGENDA Monday, September 11, 2023 - 4:00 pm Ottawa City Hall - 101 S. Hickory In accordance with Kansas Open Meetings Act (KOMA), the Citizens may attend in person, VIA ZOOM or submit comments meeting can be viewed live on Channel 23 and via Facebook Live (300 words or less) for the City Commission. To submit your public or listened to by dialing: 1-312-626-6799 and entering meeting comment or to request the meeting Zoom link to give a public ID 919 2144 9005#. To view on YouTube: https:// comment, email publiccomments@ottawaks.gov no later than www.youtube.com/@ottawaksgov 2:00 pm on September 11, 2023; all emails must include your name If you need this information in another format or require a and address. reasonable accommodation to attend this meeting, contact the Participants who generate unwanted or distracting noises may be City’s ADA Coordinator at 785-229-3621. Please provide advance muted by the meeting host. If this happens, unmute yourself when notice of at least two (2) working days. TTY users please call 711. you wish to speak. PUBLIC COMMENTS Subject to the above restrictions, persons who wish to address the City Commission regarding items on the agenda may do so as that agenda item is called. Persons who wish to address the City Commission regarding items not on the agenda and that are under the jurisdiction of the City Commission, may do so at this time when called upon by the Mayor. Comments on personnel matters and matters pending in court or with other outside tribunals are not permitted. Speakers are limited to three minutes. Any presentation is for informational purposes only. The Governing Body will take comments under advisement. I. ITEMS TO BE PLACED ON THE REGULAR CITY COMMISSION AGENDA (Click on the item to access the attachment) A. Minutes (Pp. 2-3 ) 1. August 28, 2023 Study Session II. ITEMS FOR PRESENTATION AND DISCUSSION * A. Presentation of Proclamation for National Hispanic Heritage Month - (P.4) (to be presented at meeting—Donald Anderson, Ottawa University will accept) B. Resolution of Intent for Industrial Revenue Bonds (IRBs) for Hasty Awards Expansion - Tyler Ellsworth, Kutak Rock LLP (P. 5) C. Resolution of Intent for Constitutional Abatement for Hasty Awards Expansion - Tyler Ellsworth, Kutak Rock LLP (P. 5) D. 1. 2023 Standard Traffic Ordinance - Chief Weingartner (Pp. 6-12) 2. 2023 Uniform Public Offense Code - Chief Weingartner (Pp. 13-19) E. Receive and file a report for Ol’ Marais River Run—Car Show - Chief Weingartner (Pp. 20-26) F. Continued Discussion of Ordinance Amending Zoning Regulations to Allow City Agriculture - City Attorney Finch (Pp. 27-29) G. Continued Discussion of Ordinance Allowing the Keeping of Bees - City Manager Silcott/ City Attorney Finch (Pp. 30-32) H. Continued Discussion of Ordinance Allowing the Raising and Keeping of Female Chickens - City Manager Silcott/ City Attorney Finch (Pp. 33-34) I. Continued Discussion of Resolution to Set Fee for Permit to Keep Chickens - City Manager Silcott/ City Attorney Finch (P. 35) J. Comments by City Manager K. Comments by City Commissioners L. Comments by Mayor III. ANNOUNCEMENTS A. September 18, 2023 Study Session - 4:00 pm, City Hall B. September 20, 2023 Regular Meeting - 10:00 am, City Hall *All presentation materials to be reviewed at the study session (including PowerPoint) must be emailed to presentations@ottawaks.gov and gmathews@ottawaks.gov by 10:00 am the Thursday prior to the meeting. 9.1.23 Agenda Pkt Page #1  Back to Agenda Study Session Minutes Ottawa, Kansas Minutes of August 28, 2023 The Governing Body met at 4:00 pm this date at City Hall with the following members present and participating to wit: Mayor Crowley, Mayor Pro Tem Skidmore, Commissioner Caylor, Commissioner Graves and Commissioner Clayton. Mayor Crowley called the meeting to order. Public Comments None were given. Minutes to Review The Governing Body reviewed minutes from the August 7, 2023 Study Session, August 14, 2023 Study Session, and August 21, 2023 Regular Meeting. The Governing Body agreed by consensus to place these items on the next Regular Meeting agenda on September 6, 2023. Proclamation – 2023 Ottawa High School Wall of Honor Inductees The Governing Body reviewed a proclamation honoring 2023 Ottawa High School Wall of Honor Inductees and agreed to place this item on the next Regular Meeting agenda. Voting Delegates for League of Kansas Annual Conference The Governing Body heard from City Clerk Melissa Reed, who discussed the need for voting and alternative voting delegates to be appointed and registered by Friday, September 22, 2023. After discussion, the Governing Body agreed to select Commissioner Caylor, Commissioner Clayton and Mayor Crowley as voting delegates, with the alternate being City Manager Brian Silcott. This item was placed on the next Regular Meeting agenda. Ordinance Amending Zoning Regulations to Allow City Agriculture The Governing Body heard from City Attorney Blaine Finch, who reviewed ordinances regarding agricultural activities and discussed the following: • The City has received requests to review its current regulations regarding the conducting of low-intensity agricultural activities within the city limits • Desired activities include keeping chickens for egg production, keeping honeybees for honey production, and gardening with the ability to sell animal and plant products at the farmers’ market • Ordinance to add City Agriculture as an accessory use in residential areas of the City • Ordinance is a text amendment to the City’s Zoning Regulations delineating low-intensity agricultural activities from home occupations and allowing for these activities under certain conditions Ordinance Allowing the Keeping of Bees The Governing Body received public comment from Buck Bradley, 11 E. 900th Road, Baldwin City, Kansas, who provided suggestions regarding the proposed ordinance. Mr. Bradley will email these to the City Clerk. An ordinance to allow the keeping of bees in the City was reviewed. This ordinance regulates the keeping of bees and is based on ordinances from surrounding communities with the goal of balancing the activity of beekeeping with the need to protect the health, safety, and welfare of surrounding property owners as well as the bees. 9.1.23 Agenda Pkt Page #2 Ordinance Allowing the Raising and Keeping of Female Chickens The Governing Body reviewed an ordinance to allow the raising and keeping of not more than four female chickens. This ordinance contains all the conditions the City Commission indicated it wanted to see in an ordinance to allow for the keeping of chickens in residential areas with a primary goal of egg production. Resolution to Set Fee for Permit to Keep Chickens The Governing Body reviewed a resolution to set the permit fee for keeping chickens in the City of Ottawa. The City Attorney will draft a memo with the variables on the above ordinances and resolution for presentation and discussion at the September 11, 2023 Study Session. City Manager's Comments City Manager Brian Silcott updated the Governing Body on current projects and City operations. Commissioner's Comments Commissioner Caylor and Mayor Pro Tem Skidmore congratulated the staff and volunteers on a successful Airport Day. Commissioner Clayton stated that work has been happening in the background on agriculture issues and appreciates the staff’s work. Mayor's Comments Mayor Crowley stated that staff appreciated the newly installed rack at the warehouse, which was beneficial during the latest storm. Mayor Crowley said he met with Commissioner Ianne Dickinson to discuss City and County projects. Mayor Crowley welcomed Director of Neighborhood and Community Services Lucas Neece. Announcements A. September 4, 2023 Labor Day Holiday-Study Session CANCELLED, City Offices CLOSED B. September 6, 2023 Regular Meeting-7:00 pm, City Hall C. September 11, 2023 Memorial Ceremony-8:00 am, Fire Station I, 720 W. 2nd Street D. September 11, 2023 Study Session-4:00 pm, City Hal There being no further business to come before the Governing Body, the Mayor declared the meeting duly adjourned at 5:28 p.m. _________________________ Melissa Reed, City Clerk 9.1.23 Agenda Pkt Page #3  Back to Agenda WHEREAS, the City of Ottawa joins the nation in celebrating Hispanics who have made outstanding contributions to the United States of America; and WHEREAS, Since 1988, the United States has observed National Hispanic Heritage Month, commemorating the independence of Chile, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, and Nicaragua from September 15 through October 15; and WHEREAS, Hispanics in the United Sates have helped establish America as a place of freedom and opportunity, and their contributions continue to enrich our Nation’s character; and WHEREAS, America’s cultural diversity and optimism for a brighter future has always been one of our nation’s greatest strengths; and WHEREAS, Together we recognize the Hispanics in Ottawa, whose love of family, strong work ethic, and sense of community have helped unite us all. NOW, THEREFORE, the governing body of the City of Ottawa, Kansas, does hereby proclaim September 15 through October 15, 2023, to be: National Hispanic heritage month in Ottawa, Kansas and encourages citizens to celebrate our unique and vibrant history. SIGNED this 11th day of September 2023. _________________________________________ Eric Crowley, Mayor 9.1.23 Agenda Pkt Page #4  Back to Agenda Agenda Item: II.B/C City of Ottawa City Commission Study Session September 11, 2023 TO: Mayor and City Commission SUBJECT: Resolution of Intent to issue Industrial Revenue Bonds for sales tax exemption Resolution of Intent to provide constitutional abatement INITIATED BY: Finance Department AGENDA: Items for Presentation & Discussion Recommendations: It is recommended that the City Commission consider placing the two items on the agenda on the next City Commission Study Session meeting scheduled for September 18th, 2023: Resolution of Intent to issue Industrial Revenue Bonds (IRB) for sales tax exemption Resolution of Intent to provide constitutional abatement Background: The City of Ottawa received an Economic Incentive Application from Hasty Awards requesting a sales tax exemption and tax abatement related to an expansion planned on their current operational structure located at 1015 E Enterprise. The adjacent property at 1016 E North St has been purchased and minor plat process completed. Analysis: These incentives can be accomplished through an IRB and a Constitutional Tax Abatement. A financial analysis has been performed and the review committee has met to review the results. The following timeline is proposed for the consideration of this request: 1. September 11th Study Session: Introduce incentive request and outline timeline for IRB and Consitituational Tax Abatement proceedings. 2. September 18th Study Session: Presentation of request, fiscal impact study results, and request to Commission for placing the Public Hearing for the Constitutional Abatement, the Resolution of Intent to issue IRBs for sales tax exemption, and Resolution of Intent to provide Constitutional Abatement on October 4th meeting agenda. 3. September 20th Ottawa Herald: Notice of Public Hearing published 4. October 4th City Commission Regular Meeting: • Public Hearing on constitutional abatement • Resolution of Intent to issue IRBs for sales tax exemption • Resolution of Intent to provide constitutional abatement Financial Considerations: A fiscal impact study was completed by Wichita State University’s Center for Economic Development and Business Research. This fiscal impact demonstrated an acceptable Return on Investment (ROI) for the City of Ottawa, Franklin County, and USD 220 and the Benefit- Cost Ratio exceed requirements outline in the Economic Incentive Policy. Legal Considerations: Procedures are being conducted by Kutak Rock, City Bond Counsel, in coordination with the City Attorney. Recommendations/Actions: It is recommended that the City Commission consider placing the two items on the agenda on the next City Commission Study Session meeting scheduled for September 18th, 2023: Resolution of Intent to issue Industrial Revenue Bonds (IRB) for sales tax exemption Resolution of Intent to provide constitutional abatement Attachments: Draft documents will be prepared for the September 18th meeting. 9.1.23 Agenda Pkt Page #5  Back to Agenda Agenda Item: II.D.1 City of Ottawa City Commission Study Session September 11, 2023 TO: Mayor and City Commission SUBJECT: Standard Traffic Ordinance 2016 Edition INITIATED BY: Chief of Police AGENDA: Items for Presentation & Discussion Recommendations: It is recommended the City Commission review and comment the proposed ordinance adopting the 2023 edition of the Standard Traffic Ordinance at the September 11 and 18, 2023, study sessions; and consider the ordinance for adoption at the September 20, 2023, Regular City Commission meeting. Background: The City of Ottawa annually adopts revisions to the Standard Traffic Ordinance (STO) which is published annually by the League of Kansas Municipalities (LKM). The STO is a uniform code derived from Kansas statutes and includes local amendments pertinent to traffic laws adopted by the City Commission each year. The proposed ordinance (Draft Ordinance attached as II.D.1a) includes only local amendments previously approved by the governing body. The STO has been reviewed by the City Attorney, City Prosecutor, Chief of Police, and City Manager, and all reviewing persons recommend adoption. The 2022 edition of the STO was adopted on August 3, 2022. Analysis: The proposed ordinance would adopt the 2022 Edition of the STO. The amendments included in the proposed ordinance would maintain the City of Ottawa’s compliance with applicable Kansas statutes while addressing local concerns. Several changes have been incorporated into the 2015 Standard Traffic Ordinance, which include (Except of the Kansas Government Journal article on changes attached as II.D.1b): • Section 163. Additional Lighting Equipment. o HB 2147, Section 6, allows motor vehicles to be equipped with any type of ground effect lighting, except the lights cannot be any shade of red, flash, or be visible. Previously, motor vehicles could be equipped only with neon ground effect lighting. • Section 179. Spilling Loads on Highways Prohibited. o HB 2160 exempts trucks, tractors, and trailers hauling cotton bales from this provision when certain requirements are met. • Section 194. Driving While License Canceled, Suspended or Revoked; Penalty. o HB 2216 removes the mandatory term of confinement for first- and second-time offenders driving on a suspended license if the offender’s license was suspended because of a failure to pay a fine or failure to appear. The bill also requires a minimum fine of $100 for a violation. 9.1.23 Agenda Pkt Page #6 The Police Department is responsible for the enforcement of the STO. The ordinance must be published in the official publication of record as the proposed ordinance amends sections of the STO which have been deemed unnecessary for the City. There must be at least three copies of the STO on file with the City Clerk. Upon adoption, and publication, new manuals will be issued to staff with the police department, municipal court, court clerk, city clerk and Ottawa library. Additionally, online versions are available at https://www.ottawaks.gov/municipal-court. The Code of the City of Ottawa, Kansas is available at http://ottawaks.citycode.net/index.html#!codeOfTheCityOfOttawaKansas. Financial Considerations: There is a small publication expense for the adoption of this ordinance. Legal Considerations: City legal staff has reviewed the proposed ordinance and has approved to form and content. The City is authorized to adopt the STO by reference under the authority of and in accordance with K.S.A. 12-3009 through 12-3012 and K.S.A. 12-3301 and 12-3302. Recommendations/Actions: It is recommended the City Commission place the proposed ordinance adopting the 2023 edition of the Standard Traffic Ordinance for presentation and discussion at the September 18, 2023, study session. Attachments: II.D.1a: Proposed Ordinance (2 pages); II.D.1b: LKM’s Kansas Government Journal Legal Forum Article (3 pages) 9.1.23 Agenda Pkt Page #7  Back to Agenda ORDINANCE NO. _______________ An ordinance regulating traffic within the corporate limits of the City of Ottawa, Kansas; incorporating by reference the Standard Traffic Ordinance for Kansas Cities, edition of 2023, providing certain penalties and repealing that ordinance numbered 4104-22. Be it Ordained by the Governing Body of the City of Ottawa, Kansas: Section 1. INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Ottawa, Kansas, that certain standard traffic ordinance known as the Standard Traffic Ordinance for Kansas Cities, Edition of 2023, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. One copy of said Standard Traffic Ordinance shall be marked or stamped “Official Copy as Adopted by Ordinance No. ____,” and to which shall be attached a copy of this ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. The police department, municipal judge, and all administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such Standard Traffic Ordinance similarly marked, as may be deemed expedient. Section 2. TRAFFIC INFRACTIONS AND TRAFFIC OFFENSES. (a) An ordinance traffic infraction is a violation of any section of this ordinance that prescribes or requires the same behavior as that prescribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118. (b) All traffic violations that are included within this ordinance, and are not ordinance traffic infractions, as defined in subsection (a) of this section, shall be considered traffic offenses. Section 3. PENALTY FOR SCHEDULED FINES. The fine for violation of an ordinance traffic infraction or any other traffic offense in which the municipal judge establishes a fine in a fine schedule shall not be less than $40.00 nor more than $500.00. A person tried and convicted for violation of an ordinance traffic infraction or other traffic offense in which a fine has been established in a schedule of fines shall pay a fine fixed by the court not to exceed $500. Section 4. AMENDMENT. Section 12-101 of the Municipal Code of the City of Ottawa, Kansas is hereby amended to include the number of this ordinance and removal of references to Ordinance 4104-22. 9.1.23 Agenda Pkt Page #8 Section 5. REPEAL. Ordinance numbered 4104-22 is hereby repealed. Section 6. SEVERABILITY: If any provision of this code is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the code and the applicability thereof to other persons and circumstances shall not be affected. Section 7. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. Passed by the City Commission of the City of Ottawa on this _____ day of ________, 2023. Eric Crowley, Mayor Melissa Reed, City Clerk 9.1.23 Agenda Pkt Page #9  Back to Agenda Updates to the 2023 Standard Traffic Ordinance and the Uniform Public Offense Code By Nicole Proulx Aiken, Deputy General Counsel, League of Kansas Municipalities It is that time of year again when the League updates the Standard Traffic Ordinance (STO) and the Uniform Public Offense Code (UPOC) with the changes made by the Kansas Legislature. This article describes those changes. Changes to the STO Section 163. Additional Lighting Equipment. HB 2147, Section 6, allows motor vehicles to be equipped with any type of ground effect lighting, except the lights cannot be any shade of red, flash, or be visible. Previously, motor vehicles could be equipped only with neon ground effect lighting. Section 179. Spilling Loads on Highways Prohibited. HB 2160 exempts trucks, tractors, and trailers hauling cotton bales from this provision when certain requirements are met. Section 194. Driving While License Canceled, Suspended or Revoked; Penalty. HB 2216 removes the mandatory term of confinement for first- and second-time offenders driving on a suspended license if the offender’s license was suspended because of a failure to pay a fine or failure to appear. The bill also requires a minimum fine of $100 for a violation. Changes to the UPOC Section 1.1. Definitions. The League added definitions for airbag, counterfeit supplemental restraint system component, nonfunctional airbag, and supplemental restraint system that apply to the new offense concerning counterfeit airbags found in HB 2147, Section 2. The League amended the definition of wildlife based on changes in HB 2332, Section 23. The League also discovered some definitions that needed to be added or amended. Definitions for hard cider, maliciously, and sexually explicit conduct were added. Definitions for temporary permit and wine were amended. The definitions for health care facility and health care provider moved to Section 6.7., because they apply specifically to criminal trespass and the new offense concerning battery against a health care provider contains a different definition for health care providers. Section 3.2.3. Battery Against a Health Care Provider. This is a new offense approved by the Legislature in SB 174, Section 1, making it a Class A nonperson violation to commit a battery against a healthcare provider while the provider is performing their job duties. Section 3.6. Unlawful Restraint. A League member requested the League mirror state law and amend this provision to exempt all law enforcement of the state and any political subdivision of the state from this offense. Previously, the 9.1.23 Agenda Pkt Page #10 exemption in the UPOC applied only to city law enforcement. The League amended the provision based on this request. Section 3.8. Violation of Protection from Abuse Order. While reviewing SB 217, which included amendments to statutes concerning protection orders, the League noticed K.S.A. 60-3107 does not contain the word “or” between battery and domestic battery. The League deleted the word “or” from this part of the provision to match state law. Section 3.13. Stalking. SB 217, Section 1 amended the definition of course of conduct to include “utilizing any electronic tracking system or acquiring tracking information to determine the targeted person’s location, movement or travel patterns.” The bill also changed the format of the definition for immediate family. Section 5.5. Watercraft; Lifesaving Devices Requires, Section 10.5. Unlawful Discharge of a Firearm, and Section 11.3. Commercialization of Wildlife. The League updated these sections to reflect the Kansas Department of Wildlife, Parks and Tourism name change to the Kansas Department of Wildlife and Parks. Also, section 5.5 was updated to reflect that the offense is a Class C nonperson violation. Section 5.6. Purchase or Possession of Cigarettes or Tobacco Products by a Minor. HB 2269, Section 3, raises the minimum age from 18 to 21 to purchase, attempt to purchase, possess, or attempt to possess cigarettes, electronic cigarettes, or tobacco products. Section 6.7. Criminal Trespass. The League moved the definitions for health care facility and health care provider from the definitions section to this section, because they specifically apply to this offense and, with the addition of the battery against a health care provider offense, the UPOC now contains two different health care provider definitions. Section 6.22. Criminal Hunting. HB 2332, Section 19 clarifies that convictions of this offense are nonperson violations. Section 6.27. Counterfeit Airbag Violation. This is a new offense approved by the Legislature in HB 2147, Section 2, making it a Class A nonperson violation to “knowingly or intentionally manufacture, import, distribute, sell, offer for sale, install or reinstall a device intended to replace a supplemental restraint system component . . .” Section 7.2. Interference with Law Enforcement. SB 174, Section 5, added language to this offense to include: “Knowingly fleeing from a law enforcement officer, other than fleeing by operation of a motor vehicle, when the law enforcement has: (A) Reason to stop the person under K.S.A. 22-2402, and amendments thereto; and (B) given the person visual or audible signal to stop.” Section 10.30. Operating an Aircraft Under the Influence. 9.1.23 Agenda Pkt Page #11 The League updated this provision to provide that this offense is a Class A violation. Section 11.11. Cruelty to Animals. The League amended subsection (a)(4) to mirror state law. The subsection now states, “Knowingly but not maliciously killing or injuring any animal.” Maliciously was added to the definitions section of the UPOC to reflect this change. 9.1.23 Agenda Pkt Page #12  Back to Agenda Agenda Item: II.D.2 City of Ottawa City Commission Study Session September 11, 2023 TO: Mayor and City Commission SUBJECT: Uniform Public Offense Code Ordinance 2023 Edition INITIATED BY: Chief of Police AGENDA: Items for Presentation & Discussion Recommendations: It is recommended the City Commission review and comment the proposed ordinance adopting the 2023 edition of the Standard Traffic Ordinance at the September 11 and 18, 2023, study sessions; and consider the ordinance for adoption at the September 20, 2023, Regular City Commission meeting. Background: The City of Ottawa annually adopts revisions to the Uniform Public Offense Code (UPOC) which is published annually by the League of Kansas Municipalities (LKM). The UPOC is a uniform code derived from Kansas statutes and includes local amendments adopted by the City Commission each year. The proposed ordinance includes only local amendments previously approved by the governing body. (Please refer to II.D.2a) The UPOC was reviewed by the City Attorney, City Prosecutor, Chief of Police, and City Manager, and all reviewing persons recommend adoption. The 2022 edition of the UPOC was adopted on August 3, 2022. Analysis: The proposed ordinance would adopt the 2022 Edition of the UPOC. The amendments included in the proposed ordinance would maintain the City of Ottawa’s compliance with applicable Kansas statutes while addressing local concerns. Ordinance 4105-22 adopting the 2022 edition of the UPOC is repealed. Several changes are incorporated into the 2023 Uniform Public Offense Code and include: (Except of the Kansas Government Journal article on changes attached as II.D.2b): • Section 1.1. Definitions. The League added definitions for airbag, counterfeit supplemental restraint system component, nonfunctional airbag, and supplemental restraint system that apply to the new offense concerning counterfeit airbags found in HB 2147, Section 2. The League amended the definition of wildlife based on changes in HB 2332, Section 23. The League also discovered some definitions that needed to be added or amended. Definitions for hard cider, maliciously, and sexually explicit conduct were added. Definitions for temporary permit and wine were amended. The definitions for health care facility and health care provider moved to Section 6.7., because they apply specifically to criminal trespass and the new offense concerning battery against a health care provider contains a different definition for health care providers. • Section 3.2.3. Battery Against a Health Care Provider. This is a new offense approved by the Legislature in SB 174, Section 1, making it a Class A nonperson violation to commit a battery against a healthcare provider while the provider is performing their job duties. 9.1.23 Agenda Pkt Page #13  • Section 3.6. Unlawful Restraint. A League member requested the League mirror state law and amend this provision to exempt all law enforcement of the state and any political subdivision of the state from this offense. Previously, the exemption in the UPOC applied only to city law enforcement. The League amended the provision based on this request. • Section 3.8. Violation of Protection from Abuse Order. While reviewing SB 217, which included amendments to statutes concerning protection orders, the League noticed K.S.A. 60-3107 does not contain the word “or” between battery and domestic battery. The League deleted the word “or” from this part of the provision to match state law. • Section 3.13. Stalking. SB 217, Section 1 amended the definition of course of conduct to include “utilizing any electronic tracking system or acquiring tracking information to determine the targeted person’s location, movement or travel patterns.” The bill also changed the format of the definition for immediate family. • Section 5.5. Watercraft; Lifesaving Devices Requires, Section 10.5. Unlawful Discharge of a Firearm, and Section 11.3. Commercialization of Wildlife. The League updated these sections to reflect the Kansas Department of Wildlife, Parks and Tourism name change to the Kansas Department of Wildlife and Parks. Also, section 5.5 was updated to reflect that the offense is a Class C nonperson violation. • Section 5.6. Purchase or Possession of Cigarettes or Tobacco Products by a Minor. HB 2269, Section 3, raises the minimum age from 18 to 21 to purchase, attempt to purchase, possess, or attempt to possess cigarettes, electronic cigarettes, or tobacco products. • Section 6.7. Criminal Trespass. The League moved the definitions for health care facility and health care provider from the definitions section to this section, because they specifically apply to this offense and, with the addition of the battery against a health care provider offense, the UPOC now contains two different health care provider definitions. • Section 6.22. Criminal Hunting. HB 2332, Section 19 clarifies that convictions of this offense are nonperson violations. • Section 6.27. Counterfeit Airbag Violation. This is a new offense approved by the Legislature in HB 2147, Section 2, making it a Class A nonperson violation to “knowingly or intentionally manufacture, import, distribute, sell, offer for sale, install or reinstall a device intended to replace a supplemental restraint system component . . .” • Section 7.2. Interference with Law Enforcement. SB 174, Section 5, added language to this offense to include: “Knowingly fleeing from a law enforcement officer, other than fleeing by operation of a motor vehicle, when the law 9.1.23 Agenda Pkt Page #14 enforcement has: (A) Reason to stop the person under K.S.A. 22-2402, and amendments thereto; and (B) given the person visual or audible signal to stop.” • Section 10.30. Operating an Aircraft Under the Influence. The League updated this provision to provide that this offense is a Class A violation. • Section 11.11. Cruelty to Animals. The League amended subsection (a)(4) to mirror state law. The subsection now states, “Knowingly but not maliciously killing or injuring any animal.” Maliciously was added to the definitions section of the UPOC to reflect this change. The Police Department is responsible for the enforcement of the UPOC. The ordinance must be published in the official publication of record as the proposed ordinance amends sections of the UPOC which have been deemed unnecessary for the City. There must be at least three copies of the UPOC on file with the City Clerk. Upon adoption, and publication, new manuals will be issued to staff with the police department, municipal court, court clerk, city clerk and Ottawa library. Additionally, online versions are available at https://www.ottawaks.gov/municipal-court. The Code of the City of Ottawa, Kansas is available at http://ottawaks.citycode.net/index.html#!codeOfTheCityOfOttawaKansas. Financial Considerations: There is a small publication expense for the adoption of this ordinance. Legal Considerations: City legal staff has reviewed the proposed ordinance and has approved to form and content. The City is authorized to adopt the UPOC by reference under the authority of and in accordance with K.S.A. 12-3009 through 12-3012 and K.S.A. 12-3301 and 12-3302. Recommendations/Actions: It is recommended the City Commission place the proposed ordinance adopting the 2023 edition of the Uniform Public Offense Code Ordinance for presentation and discussion at the September 18, 2023, study session. Attachments: II.D.2a: Proposed Ordinance (1 page); II.D.2b: LKM’s Kansas Government Journal Legal Forum Article (3 pages) 9.1.23 Agenda Pkt Page #15  Back to Agenda ORDINANCE NO. __________ An ordinance regulating public offenses within the corporate limits of the City of Ottawa, Kansas; incorporating by reference the Uniform Public Offense Code for Kansas Cities, edition of 2023, with certain amendments, and repealing Ordinance 4105-22. Be it Ordained by the Governing Body of the City of Ottawa, Kansas: Section 1. INCORPORATING UNIFORM PUBLIC OFFENSE CODE. There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Ottawa, Kansas, that certain code known as the Uniform Public Offense Code, Edition of 2023, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, or changed. One official copy of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Adopted by Ordinance No.________,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. Section 2. Section 10.6 of the Uniform Public Offense Code is amended as follows: SECTION 10.6 AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT, BB GUN OR PAINTBALL GUN. The unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun, within the city, except: A) within the confines of a building or other structure from which the projectiles cannot escape; or B) when such person has received prior written authorization for such discharge from the Chief of Police or his or her designee. Unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is a Class C violation. Section 3. Repeal. Ordinance number 4105-22 is hereby repealed. Section 4. Amendment. Section 16-101 of the Municipal Code of the City of Ottawa, Kansas is hereby amended to include the number of this ordinance and removal of references to Ordinance 4105-22. Section 5. Effective Date. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. Passed by the City Commission of the City of Ottawa on this _________ day of ________, 2023. ________ Eric Crolwey, Mayor ________ Melissa Reed, City Clerk 9.1.23 Agenda Pkt Page #16  Updates to the 2023 Standard Traffic Ordinance and the Uniform Public Offense Code By Nicole Proulx Aiken, Deputy General Counsel, League of Kansas Municipalities It is that time of year again when the League updates the Standard Traffic Ordinance (STO) and the Uniform Public Offense Code (UPOC) with the changes made by the Kansas Legislature. This article describes those changes. Changes to the STO Section 163. Additional Lighting Equipment. HB 2147, Section 6, allows motor vehicles to be equipped with any type of ground effect lighting, except the lights cannot be any shade of red, flash, or be visible. Previously, motor vehicles could be equipped only with neon ground effect lighting. Section 179. Spilling Loads on Highways Prohibited. HB 2160 exempts trucks, tractors, and trailers hauling cotton bales from this provision when certain requirements are met. Section 194. Driving While License Canceled, Suspended or Revoked; Penalty. HB 2216 removes the mandatory term of confinement for first- and second-time offenders driving on a suspended license if the offender’s license was suspended because of a failure to pay a fine or failure to appear. The bill also requires a minimum fine of $100 for a violation. Changes to the UPOC Section 1.1. Definitions. The League added definitions for airbag, counterfeit supplemental restraint system component, nonfunctional airbag, and supplemental restraint system that apply to the new offense concerning counterfeit airbags found in HB 2147, Section 2. The League amended the definition of wildlife based on changes in HB 2332, Section 23. The League also discovered some definitions that needed to be added or amended. Definitions for hard cider, maliciously, and sexually explicit conduct were added. Definitions for temporary permit and wine were amended. The definitions for health care facility and health care provider moved to Section 6.7., because they apply specifically to criminal trespass and the new offense concerning battery against a health care provider contains a different definition for health care providers. Section 3.2.3. Battery Against a Health Care Provider. This is a new offense approved by the Legislature in SB 174, Section 1, making it a Class A nonperson violation to commit a battery against a healthcare provider while the provider is performing their job duties. Section 3.6. Unlawful Restraint. A League member requested the League mirror state law and amend this provision to exempt all law enforcement of the state and any political subdivision of the state from this offense. Previously, the 9.1.23 Agenda Pkt Page #17 exemption in the UPOC applied only to city law enforcement. The League amended the provision based on this request. Section 3.8. Violation of Protection from Abuse Order. While reviewing SB 217, which included amendments to statutes concerning protection orders, the League noticed K.S.A. 60-3107 does not contain the word “or” between battery and domestic battery. The League deleted the word “or” from this part of the provision to match state law. Section 3.13. Stalking. SB 217, Section 1 amended the definition of course of conduct to include “utilizing any electronic tracking system or acquiring tracking information to determine the targeted person’s location, movement or travel patterns.” The bill also changed the format of the definition for immediate family. Section 5.5. Watercraft; Lifesaving Devices Requires, Section 10.5. Unlawful Discharge of a Firearm, and Section 11.3. Commercialization of Wildlife. The League updated these sections to reflect the Kansas Department of Wildlife, Parks and Tourism name change to the Kansas Department of Wildlife and Parks. Also, section 5.5 was updated to reflect that the offense is a Class C nonperson violation. Section 5.6. Purchase or Possession of Cigarettes or Tobacco Products by a Minor. HB 2269, Section 3, raises the minimum age from 18 to 21 to purchase, attempt to purchase, possess, or attempt to possess cigarettes, electronic cigarettes, or tobacco products. Section 6.7. Criminal Trespass. The League moved the definitions for health care facility and health care provider from the definitions section to this section, because they specifically apply to this offense and, with the addition of the battery against a health care provider offense, the UPOC now contains two different health care provider definitions. Section 6.22. Criminal Hunting. HB 2332, Section 19 clarifies that convictions of this offense are nonperson violations. Section 6.27. Counterfeit Airbag Violation. This is a new offense approved by the Legislature in HB 2147, Section 2, making it a Class A nonperson violation to “knowingly or intentionally manufacture, import, distribute, sell, offer for sale, install or reinstall a device intended to replace a supplemental restraint system component . . .” Section 7.2. Interference with Law Enforcement. SB 174, Section 5, added language to this offense to include: “Knowingly fleeing from a law enforcement officer, other than fleeing by operation of a motor vehicle, when the law enforcement has: (A) Reason to stop the person under K.S.A. 22-2402, and amendments thereto; and (B) given the person visual or audible signal to stop.” Section 10.30. Operating an Aircraft Under the Influence. 9.1.23 Agenda Pkt Page #18 The League updated this provision to provide that this offense is a Class A violation. Section 11.11. Cruelty to Animals. The League amended subsection (a)(4) to mirror state law. The subsection now states, “Knowingly but not maliciously killing or injuring any animal.” Maliciously was added to the definitions section of the UPOC to reflect this change. 9.1.23 Agenda Pkt Page #19  Back to Agenda Agenda Item: II.E City of Ottawa City Commission Study Session September 11, 2023 TO: The Honorable Mayor and City Commission SUBJECT: 2023 Ol’ Marais River Run Car Show Public Safety Update INITIATED BY: Police of Chief AGENDA: Items for Presentation & Discussion Recommendation: Receive and file a public safety update from the Chief of Police on the 2023 Ol’ Marais River Run Car Show. Background: The annual car show is being held Friday, September 15th through Sunday, September 17th. Forest Park will be closed Friday through Sunday with set-up beginning the week of September 11th. • Friday, September 15th 3 PM - 9 PM o Check-In Begins at 3PM o Concert is from 6:30 PM – 9 PM • Saturday, September 16th 8 AM – 10 PM o Cruise Night is 6 PM to 10 PM • Sunday, September 17th 8 AM – Approximately 1PM A pdf schedule of all events is posted online (See II.E.2): https://olmarais.com/wp-content/uploads/2023/06/2023-schedule-of-events.pdf Because of the size and scope of this annual event the Ottawa Police Department implements the Incident Command System to manage events surrounding the River Run Car Show weekend. Planning for the event begins shortly after the event ends and continues throughout the next year until plans are finalized the week of the event. Analysis: Chief Weingartner is presenting 10 Things to Know for the 2023 Ol’Marais River Run Car Show. (See II.E.1) Highlights of the presentation include: • Forest Park is Closed for the duration of the event. • Friday’s Cruise is from 5 PM – 9 PM • Main Street Parking is Closed Saturday Evening o Closed 4 PM – 11PM (approximately) • Saturday’s Cruise is 6 PM – 9 PM from Forest Park to City Park o See Attached Map o Registration is at FC Visitor’s Center o Trailer Parking is Located at Orlis Cox Ball Fields Chief Weingartner and the OPD wishes to thank the following team members for working to make this annual event a success year in and year out. • Community Partners o Ottawa University o Ottawa Area Chamber of Commerce o Ottawa Recreation Commission o Agile Mesh o Andy’s Wrecker Service o Car Club Board • Law Enforcement Partners: o Ottawa Police Department’s Volunteers In Police Service (VIPS); o Wellsville Police Department o Franklin County Sherriff Department & Reserve Unit o Kansas University Police Department o Lawrence Police Department o Gardner Police Department o Emporia Police Department • City Department o Public Works o Utilities o Fire o Information Technology • Emergency Services o Franklin County Emergency Medical Services o Franklin County Emergency Communications o Franklin County Emergency Management o Franklin County Information Technology Financial Considerations: The department budgets for overtime, supplies, food, and expenses related to the event. Outside agencies respond at the request of the department and do not charge; wages for outside agencies are paid by their respective organizations. Legal Considerations: Approve as to form. Officers from outside jurisdictions have full law enforcement authority after their assistance was requested. Recommendation/Action: Receive and file a public safety update from the Chief of Police on the 2023 Ol’ Marais River Run Car Show. Attachments: II.E.1 2023 Public Safety Presentation (6 Pages); II.E.2 Schedule (2 pages)  36th ANNUAL OL’ MARAIS RIVER RUN CAR SHOW Friday and Saturday Schedule of Events, September 15-16, 2023 PLEASE NOTE: OTTAWA’S CITY ORDINANCE PROHIBITS ALCOHOLIC BEVERAGES IN THE PARK CHECK IN for PRE-REGISTERED guests in the large shelter house 3p.m. – 9p.m. If you have NOT yet registered, you may avoid the crowd at Saturday's OFF-SITE location by registering **FRIDAY** Friday night at the large shelter house from 3p.m. - 9p.m. 3:00 p.m. – 9:00 p.m. T- shirt sales begin in the shelter house Bop Daddies Band 6:30 to 9:00 pm. Friday night 50/50 pot with proceeds going to local charities. * Check in for PRE-REGISTERED guests will be available in the large shelter house starting at 8:00 a.m. * T-shirt sales in the shelter house. Food and commercial booths and Natl Guard * Saturday 50/50 pot sales begin in the shelter house. 50% to winner, 50% to the ORG Scholarship Fund SATURDAY * Complete your BLUE SATURDAY door prize drawing slip and drop it in the box at the door prize table 8:00 a.m. to be eligible for the 5:00 p.m. drawings 9:00 a.m. Playing of the Star Spangled Banner. Transportation to downtown stores and Antique Shops. 1920’s era trolley sponsored by Franklin County Tourism for spectators and participants to ride from 9:00 a.m. – 4:00 p.m. Route runs from Forest Park to North antique stores, 2nd & Main, and back to the Park. 9:00 a.m. -4:00 p.m. There will also be a tram running in the park sponsored by Franklin County Tourism. Feel free to hop on and ride when you need to rest your feet. 11:30 p.m. – 1:30 p.m. Poker Run Sheets go on sale at the large shelter house with just a $2.00 donation. Your Poker Run map will take you past local nursing homes where residents wait anxiously to see your beautiful cars. Please help make their day! It is one of the highlights of their year! Under 25 Judging- if you are 24 years of age or younger and have your own car registered and licensed in 12:00 p.m. - 1:00 p.m. your name, come to the area south of the main shelter house to be judged. Awards will be given immediately after judging. Watch for location signs and listen for announcements. 1:00 p.m. - 3:00 p.m. Pre-registration for 2024 - $35.00. Sept 21-22, 2024. Register at the large shelter house! Free kids games sponsored by the Gang. Located near the National Guard next to the softball field. There 1:00 p.m. will be a variety of games and lots of prizes. Enter the coloring contest! Winners will be posted by 3:30 p.m. 1:30 p.m. - 3:00 p.m. POKER RUN: First prize $200; 2nd prize, $50; 3rd prize, $25. Be sure to turn in your completed poker run poker run sheets at the large shelter house in Forest Park before 3:30 Saturday. Winners will be announced at the 5:00 p.m. Saturday door prize drawing. Afternoon Door Prize and Cash Drawings – 50-50 Pot Drawing, door prizes, and cash prizes. Winners must 5:00 p.m. show ID and their car must be in Forest Park to be eligible for door prizes. IMPORTANT- FROM MAIN SHELTER ROAD TO FRONT 6:00 p.m. Cruise Night GATE FOLLOW SIGNS FOR CRUISE DIRECTIONS Back to the 60’s cruise night BEGINS AT 6:00 p.m. NO EARLY ENTRY ALLOWED! Please stay in the park and give us time to clear the streets in preparation for the cruise. LAWN CHAIR PARKING ONLY ALLOWED WHEN CAR LEAVES PARKING SPACE 6:00 p.m. -10:00 p.m. TO CRUISE. Chairs are not to block street rod parking. Back into the spot you want and make them move! Street Legal Vehicles only. No burnouts or drag racing allowed. Dragging Any part of your vehicle on pavement or ground is prohibited. Violators will be prosecuted. Cruise ends at 10:00 pm.  36th ANNUAL OL’ MARAIS RIVER RUN CAR SHOW Sunday Schedule of Events, September 17th, 2023 WELCOME FROM THE OVER THE ROAD GANG! * T-shirt sales in the shelter house (if there are any left!) * SUNDAY 50/50 pot sales begin in the shelter house. 50% to winner, 50% to local charity * Food concessions – commercial booths * Be sure to complete your PINK SUNDAY door prize drawing slip and deposit it at the large shelter SUNDAY house.This slip is specifically for the 1:00 p.m. Special Door prize and cash award ceremony. 8:00 a.m. 8:30 a.m. Playing of the Star Spangled Banner 9:00 CHURCH SERVICE IN LARGE TENT BESIDE THE SHELTER HOUSE Pre-registration for 2024 - $35.00. Come to the large shelter house to get your registration in early for 9:00 a.m. – 11:00 a.m. our 37h Annual show to be held September 21-22, 2024 Cash Prizes / Door Prize Drawings/ Memorial Awards Approx. 1:00 p.m. ***NEW THIS YEAR BLUEPRINT ENGINE 350 C.I.D CRUISER BASE CRATE ENGINE TO BE GIVEN AWAY ON SUNDAY**** Door prize winners MUST SHOW ID, their window sticker, and have their Registered car on the grounds for door prize eligibility. If you have any questions or problems throughout the weekend, please look for our club members who will be wearing bright red shirts on Saturday and lime green shirts on Sunday marked “Host”. We will be happy to help you in any way we can! The members of the Over the Road Gang, Inc. would like to thank you for coming to our show. We will proudly sponsor the 37th Annual Ol’ Marais River Run next year. It will be held as usual on the third full weekend in September, 2024. The dates will be September 21-22, 2024. Be sure to get us on your calendar! We hope you had a great time while visiting in Ottawa! Please have a safe trip home. If you have suggestions or ways we can improve our show, please go to our website at www.olmarais.com or email overtheroadgang@gmail.com or mail us at Over the Road Gang, Inc., Box 843, Ottawa, Kansas 66067.  Back to Agenda Agenda Item: II.G-J MEMORANDUM TO: CITY COMMISSION CITY MANAGER BRIAN SILCOTT FROM: BLAINE FINCH, CITY ATTORNEY SUBJECT: CITY AGRICULTURE DATE: SEPTEMBER 11, 2023, STUDY SESSION At the August 28, 2023, Study Session the Commission made an initial review of the City Agriculture Use ordinance and ordinances regarding chickens and beekeeping within the city limits. There were several discussion points that were identified, and which will need to be moved to consensus so final drafts of the ordinances can be created. This memo contains the author’s listing of those points. If there are others the Commission wants added, those can be discussed as well. City Agriculture Ordinance - No discussion points on the concept of creating the use. Beekeeping Ordinance - Timeframe of 30 days’ notice before bringing in a new hive. - Should there be a required time frame for city to issue license. - Requiring beekeepers to register with third party Drift Watch website. - 10 days’ notice prior to bringing in nucleus colony. - Dates in Section (e) on when water is maintained. Chicken Ordinance - Minimum size of lot on which chickens can be kept. - Which entity to approve permit/consult with city clerk, Animal Control or Community Development. - Maximum number of chickens which may be kept. - Setback from occupied dwelling on neighboring lot. (consensus to move from 100 to 50 feet) Chicken Resolution - Proper amount for chicken keeping permit fee. 9.1.23 Agenda Pkt Page #27  Back to Agenda ORDINANCE NO. AN ORDINANCE CREATING THE ACCESSORY USE OF CITY AGRICULTURE AND AMENDING THE ZONING REGULATIONS OF THE CITY OF OTTAWA, KANSAS, AS ADOPTED BY ORDINANCE NO. 3501-05. BE IT ORDAINED by the Governing Body of the City of Ottawa, Kansas, as follows: Section 1: Definition and Exclusions. City Agriculture is the growing, processing and distribution of plant and animal products within an urban environment. City Agriculture includes, but is not limited to: aquaculture, horticulture, permaculture, hydroculture, agroforestry, beekeeping, gardening, and the keeping of chickens for the purpose of producing unfertilized eggs. City Agriculture does not include such commercial activities as: a. commercial dog kennels, b. dog breeding facilities, c. livestock sales, d. animal husbandry, e. butchering or animal processing, f. on-site sales of animal products on a property with any residential zoning in the City, or g. on-site sales of produce, bulbs, plantings, or cut flowers on a property with any residential zoning in violation of Section 24-501(a)(5). Section 2: Regulations. City Agriculture shall be allowed in the A District, CS, R-1, R-2, R-3, TN, MHS and MP residential districts on tracts with a lawfully occupied residential dwelling subject to the following restrictions and limitations: a. Materials or equipment used in City Agriculture may not be stored outdoors in a manner that would create a nuisance, as defined by Section 10-501 of the Municipal Code of the City of Ottawa. b. City Agriculture activities may not be conducted in a manner that would create a nuisance, as defined by Section 10-501 of the Municipal Code of the City of Ottawa. c. Any person engaged in City Agriculture must be and remain in compliance with all other limits on the number, type, and confinement of animals contained in state law and city ordinances. d. No equipment or material shall be used which creates any noise, vibration, smoke or odors which would be in excess of that ordinarily created by a residential dwelling. e. No agricultural operation may take place which changes the primary character of the property from residential to agricultural. f. No animal product produced by City Agriculture activities may be sold in any residential area of the City. g. No plant product produced by City Agriculture activities may be sold in any residential area of the City, except as may be permitted by Section 24-501(a)(5). Section 3: Not Home Occupation. City Agriculture activities conducted in conformity with this section are not a Home Occupation as defined in 2-301 of this code. 9.1.23 Agenda Pkt Page #28 Section 4: Codification. This amendment to Ordinance No. 3501-05 shall be codified in the City of Ottawa Zoning Regulations as Section 24-603 et seq. Section 5: Effective Date. This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the governing body of the City of Ottawa, Kansas, this day of , 2023. Mayor Attest: City Clerk 9.1.23 Agenda Pkt Page #29  Back to Agenda ORDINANCE NO. AN ORDINANCE ALLOWING THE KEEPING OF BEES WITHIN THE CITY LIMITS OF THE CITY OF OTTAWA. WHEREAS, The Governing Body of the City of Ottawa, Kansas, finds that there is a need to regulate and set minimum standards for the keeping of bees within the corporate limits of the City to protect the public health, safety, and welfare of the residents of Ottawa. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1: New Section. The Municipal Code of the City of Ottawa is amended to include the following new language: Definitions. The following terms, as used in this section, shall have the following meanings: (a) “Apiary” means any place or location where one or more colonies of bees are kept. (b) “Beekeeper” means any individual, person, firm, association or corporation owning, possessing or controlling one or more colonies of bees for the production of honey, beeswax, or byproducts thereof, or for the pollination of crops for either personal or commercial use. (c) “Bees” means any stage of the common honeybee, Apis mellifera, or other bees kept for the production of honey, beeswax, or byproducts thereof, or for the pollination of crops for either personal or commercial use. (d) “Colony” means the bees inhabiting a single hive or other dwelling place. (e) “Hive” means the receptacle inhabited by a colony that is manufactured for that purpose. Section 2: Registration and License. Beekeepers shall register the number of hives and the location of each hive on the first day of January of each year or not less than 30 calendar days prior to acquiring a new hive. The registration may be submitted by regular mail, electronic mail or facsimile. After submitting the above required information, the City shall issue a license to the beekeeper. No registration fee shall be required. Licenses for beekeeping are non-transferrable. No colony or hive shall be maintained without first obtaining a license. Section 3: Standards. (a) Up to 3 Colonies may be located on a lot of ¼ acre or less; 4 Colonies on lots between ¼ and ½ acre; 6 Colonies on lots of ½ to full acre. 8 Colonies are permitted on any property larger than an acre. 1. For every 2 Colonies permitted on a tract there may be maintained upon the same tract one nucleus Colony in a hive structure not exceeding one standard 9 5/8 inch depth 10-frame hive body with no supers, the part of the beehive that is used to collect honey, attached as required from time to time for swarm management. 2. Each such nucleus Colony shall be moved to another tract or combined with another Colony on the subject tract within 30 days after the date made or acquired. 9.1.23 Agenda Pkt Page #30  3. The beekeeper shall notify the City in the same manner as provided for registration of hives, of his or her intent to add a nucleus colony no less than 10 days prior to moving in the nucleus colony. Such notice shall include the date the nucleus colony will be on site. (b) The beekeeper shall maintain and manage the apiary and colonies in a reasonable manner to minimize swarming and to prevent the creation of a public nuisance. (c) No beehive shall be placed or kept in violation of the requirements, including setback requirements, of the Ottawa Zoning Regulations, and in no event shall be located: 1. closer than 5 feet to the property line of adjoining property; 2. closer than 25 feet to any house located on developed property other than the residence or lot on which the beehives are located; 3. closer than 10 feet from a public pedestrian path, or sidewalk; 4. closer than 25 feet from the edge of a public street, excluding alleyways; 5. anywhere other than the rear or side yard of the property; or 6. upon land not owned by the beekeeper unless the owner thereof consents in writing. (d) If a hive is within 10 feet of a property line and is located less than 10 feet off the ground, the owner of any hive or apiary will install and maintain a flyway barrier six feet in height consisting of a solid wall, fence, vegetation or combination thereof that is parallel to the property line and that extends ten feet beyond the hive or apiary in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over property lines in the vicinity of the hive or apiary. (e) An adequate supply of water for each colony shall be provided for the bees on the same lot as the hive or apiary between March 1 and October 31 of each year. (f) The beekeeper shall promptly re-queen the colony if the colony exhibits unusually defensive behavior without due provocation. (g) No beehive shall exceed 20 cubic feet in volume. (h) The beekeeper shall conspicuously post their name and phone number in characters at least one inch high on a contrasting background at each apiary site that is located on property other than the beekeeper’s residence. (i) Should adjacent property be later developed, or residential structures located closer than the distances herein prescribed, the keeper shall move such beehive(s) to comply with these regulations. Section 4. Penalty. Violation of any term of this section may be addressed through injunction in a court of competent jurisdiction or prosecuted in municipal court. The Municipal Judge shall have the authority to revoke or suspend a license and order any colonies removed from the city. If the Municipal Judge 9.1.23 Agenda Pkt Page #31 finds that the violation has been remedied within 14 days of a notice of violation or notice to appear being issued the license shall not be revoked and no penalty shall be assessed. Failure to remedy a violation, keeping a colony without a license, or failure to remove a colony from the City when so ordered shall be subject to a penalty fixed by the Municipal Court and shall not exceed the penalties for a Class C misdemeanor for a first offense and a Class B misdemeanor for a second or subsequent offense. If a beekeeper fails or refuses to remove a colony when so ordered the court may order the condition be abated and assess costs. Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this ordinance. Section 6. Effective Date. This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the governing body of the City of Ottawa, Kansas, this day of , 2023. Mayor Attest: City Clerk 9.1.23 Agenda Pkt Page #32  Back to Agenda ORDINANCE NO. AN ORDINANCE ALLOWING FOR THE KEEPING OF FEMALE CHICKENS WITHIN THE CITY LIMITS OF THE CITY OF OTTAWA AND AMENDED SECTION 24-602(d) OF THE CITY OF OTTAWA ZONING REGULATIONS AS ADOPTED BY ORDINANCE 3501-05. WHEREAS, The Governing Body of the City of Ottawa, Kansas, finds that there is a need to regulate and set minimum standards for the keeping of chickens within the corporate limits of the City to protect the public health, safety, and welfare of the residents of Ottawa. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1: Chickens Allowed When. Notwithstanding Section 24-602 (d) of the City of Ottawa Zoning Regulations up to four (4) female chickens may be maintained as part of a single-family residence with a minimum lot size of 7,500 square feet, and only upon the issuance of a permit therefor submitted by the property owner, approved by the animal control officer, and issued by the city clerk. Section 2. Permits. A Chicken Permit shall be required to keep or maintain chickens in accordance with this section on any premises less than three acres within the City. (a) Permits will be granted and renewed on an annual basis. The City Clerk with assistance from the Community Development Department shall determine whether to approve, conditionally approve, or deny the application. In approving or denying the application, the City Clerk may consider all relevant factors including, but not limited to, the following: 1. Whether the applicant has complied with all regulations provided for in this ordinance and the City of Ottawa Municipal Code and City of Ottawa Zoning Regulations. 2. Any prior complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or owner of the property. (b) If the City Clerk denies a permit, notice of the denial shall be given in writing to the permit holder at the address provided for in the application, identifying the reasons for the denial and the opportunity for review by the City Manager, or their designee. Such decision shall be final. (c) Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present. (d) The fee for such a permit shall be as adopted by the City Commission by resolution. (e) A permit must be obtained prior to the establishment of any chicken coop. (f) Permits hereunder are not transferable. Section 3: Standards and Regulations. Female chickens permitted under this section shall be kept and maintained under the following standards: (a) Female chickens shall be provided access to both a predator-proof fenced coop and a fenced run 9.1.23 Agenda Pkt Page #33  which shall be built in compliance with all building code requirements and setback regulations applicable to residential accessory structures, and in no event shall be located: 1. Closer than 10 feet to the property line of an adjoining property; 2. Closer than 100 feet to any house or other building located on developed property other than the residence or lot on which the coop is located; 3. Anywhere other than the rear yard of the property; or 4. Upon land not owned by the permit holder, unless the permit holder is a tenant who has obtained the written consent of the owner. (b) The permit holder shall comply with all orders and regulations issued by the animal control officer or other legal authority in the event of outbreak in the region of any disease or affliction potentially affecting or being passed by fowl, or in the event of any other matter of public health or safety necessity. (c) There shall be no outdoor slaughtering of chickens. Section 4. Penalty. Violation of any term of this section or condition of the permit may result in revocation of the permit and seizure of the hives or apiary. The Municipal Judge shall have the authority to order any seized animal confined, destroyed or removed from the City. The penalty for the violation of any provision of this Article shall be fixed by the Municipal Court and shall not exceed the penalties for a Class B misdemeanor. Section 5. Amendment. Section 24-602(d) of the City of Ottawa Zoning Regulations adopted by Ordinance No. 3501-05 is hereby amended as follows: d. Chickens, geese or other poultry and ponies no greater than 36 inches at the shoulder may be kept on lots no smaller than three (3) acres in size in the A, CS, R-1, & R-2 districts, when permitted by approval of a conditional use permit. Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this ordinance. Section 7. Effective Date. This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the governing body of the City of Ottawa, Kansas, this day of , 2023. Mayor Attest: City Clerk 9.1.23 Agenda Pkt Page #34  Back to Agenda RESOLUTION NO. ________ A RESOLUTION SETTING A PERMIT FEE FOR THE KEEPING OF FEMALE CHICKENS IN THE THE CITY OF OTTAWA, KANSAS. WHEREAS, the Governing Body of City of Ottawa, Kansas (the "City") has adopted an ordinance allowing for the keeping of a limited number of female chickens in the City, and WHEREAS, the Governing Body requires a permit for the keeping of said chickens; and WHEREAS, the Governing Body has reserved to itself the authority set such fee by resolution and now desires to do so; and THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF OTTAWA, KANSAS, AS FOLLOWS: Section 1. Fee. The fee for a permit for the keeping of not more than four female chickens in the City of Ottawa shall be $__________. Section 2. Effective Date. This resolution shall take effect and be in full force and effect upon adoption by the Governing Body. Section 3. Prior Resolutions. Prior resolutions on this subject are hereby rescinded when in conflict with this resolution. Adopted by the Governing Body of the City of Ottawa, Kansas ___day of _______________2023. ___________________________________ Mayor (SEAL) ATTEST: ___________________________________ City Clerk 9.1.23 Agenda Pkt Page #35