Article 2. Interpretation and Enforcement
1.2.1 Chapters, articles and sections.
This Code is arranged in chapters, articles and sections. Headnotes, annotations, cross- references and footnotes are included within the chapters, articles and sections; however, these are designed to orient users to the contents of the code, do not constitute a part of the code and no implication or presumption of intent or construction is to be drawn therefrom.
(Code 2023)
1.2.2 General definitions.
The following definitions shall apply when interpreting terms used within this Code in Articles which do not provide a specific definition, unless such interpretation would be inconsistent with the manifest intent of the Governing Body.
Charitable — means and includes any activity represented to be carried on for unselfish, civic or humanitarian motives or for the benefit of others and not for private gain and means, and includes patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported.
Charitable Contribution — means a contribution made on behalf of a nonprofit organization holding a tax exemption certificate from the Internal Revenue Service pursuant to Section 501 et seq. and any amendments thereto.
City — means the City of Bel Aire, Kansas.
Code — means the Code of the City of Bel Aire, Kansas.
Equipment — includes machinery, vehicles, and any other equipment or personal property including, but not limited to computer hardware and software.
Fee — means a sum charged to cover the administrative costs of processing an application for a permit.
Good cause — means and includes any reason for which a permit issued pursuant to this Code could be refused by the City in the case of an original application and any other violation of the provisions of this Code; provided further, that any criminal conviction, of the person holding the permit, by the Municipal Court of the City of Bel Aire shall also be considered good cause.
Governing Body — means the Mayor and City Council of the City of Bel Aire, Kansas.
K.S.A. — means Kansas Statutes Annotated.
Miscellaneous Sale — means any garage, basement, yard, rummage or other similar sale of six or more miscellaneous items that were originally purchased by the miscellaneous sales applicant for his or her ultimate use or consumption, or any sale limited exclusively to the sale of seasonal items other than fireworks including, but not limited to, Christmas trees and decorations, pumpkins, gourds and decorative corn, by schools, churches or other nonprofit organizations when conducted wholly by members of any such entity on any school, church or nonprofit organization property which is located along a street within the corporate limits of the City of Bel Aire, Kansas.
Parking — means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and actually engaged in loading and unloading passengers or property.
Peddler — means any person who goes upon the premises of any private residence in the City of Bel Aire, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme to evade the provisions of this ordinance. This definition further includes any person who vends ice cream from a vehicle on any public street of the City of Bel Aire.
Peddling — includes all activities ordinarily performed by a peddler as defined herein.
Permit Fee — means a sum charged to cover the administrative costs of processing an application for a permit, pursuant to a fee schedule enacted by Resolution of the Governing Body of the City of Bel Aire, Kansas.
Person — means an individual, firm, proprietorship, partnership, company, corporation, municipal corporation, religious sect or denomination, society, organization, league or other entity, and includes any trustee, director, member, partner, officer, receiver, assignee, employee, agent or other similar representative thereof.
Solicitor — means any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares or other personal property of any nature for future delivery, or for services to be performed immediately or in the future. This definition also includes any person who, without invitation, goes upon private property, to request contribution of funds or anything of value, or to sell goods or services for political, charitable, religious, or other non-commercial purposes.
Solicitation — includes all activities ordinarily performed by a solicitor as defined herein.
Transient Merchant — means any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within such city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person so engaged shall not be relieved from complying with the provisions of this Code merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
Vehicle — means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway.
Violating or the violation of any of the provisions of this Code means the doing of any of the acts or things prohibited, made unlawful or a misdemeanor, or the failing to do any of the things commanded to be done, as specified and set forth in this Code.
(Ord. 347, Ord. 359, Ord. 360, Ord. 379)
1.2.3. General penalty.
Any person violating any of the provisions of this Code which do not provide a specific penalty for such violation, or causing, permitting or suffering the same to be done, is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months or both such fine and imprisonment. Each day that any such violation continues shall constitute a separate violation. Criminal prosecution shall be conducted within the City’s municipal court, but in no way shall criminal prosecution bar the filing of any civil action deemed necessary by the City to correct harms alleged to have been brought about by failure to comply with the provisions of this Code.
(Code 2023)
1.2.4. Fees.
The fee for any permit or service provided for in any of the provisions of this Code, for which a specific fee amount is not provided, shall be set pursuant to a fee schedule enacted by Resolution of the Governing Body of the City of Bel Aire, Kansas.
(Code 2023)