General Provisions
01.01.040
Definitions
1.01.040 Definitions:

As used in the Shawnee Municipal Code, unless from the context a different meaning is intended, or the Code directs that a different definition is to be applied to a provision, the following terms, abbreviations, or phrases shall have the following meanings:

Agent shall mean any director, officer, servant, employee or other person who is authorized to act on behalf of a person, corporation, partnership, organization, association, business, legal or formally organized entity.

Alcohol shall mean the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.

Alcoholic Beverage shall mean any alcoholic liquor, as defined by KSA 41-102 and amendments thereto, or any cereal malt beverage, as defined by KSA 41-2701 and amendments thereto.

Alcoholic Liquor shall have the meaning and definition set forth in KSA 41-102 and amendments thereto.

Beer shall mean a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.

Capital Improvement Project shall mean any public improvement in a City right-of-way, easement, or other City-owned property that is either financed in whole or in part by the City, or administered by the City.

Cereal Malt Beverage shall have the meaning and definition set forth in KSA 41-2701 and amendments thereto.

City shall mean the City of Shawnee, Kansas, a municipal corporation and any duly authorized representative, and when intended by the context to refer to an area it shall include the area within the territorial limits of the City of Shawnee.

City Clerk shall mean the person appointed by the City Manager to perform the statutory functions set forth in KSA 13-518 and any amendments thereto.

City Engineer shall mean the licensed professional engineer employed by the City to serve as its City Engineer. The term shall also refer to the City Engineer’s official designated representative.

City Standards shall mean the standards most recently adopted by the Governing Body in the Shawnee Design and Construction Manual, and amendments thereto, and written Policy Statements approved by the Public Works Director of the City.

Day shall mean calendar day unless specifically stated otherwise.

FCC shall mean Federal Communications Commission or successor thereto.

Governmental Entity shall mean any county, township, city, town, village, school district, library district, road district, drainage or levee district, sewer district, water district, fire district or other municipal corporation, quasi-municipal corporation or political subdivision of the State of Kansas or of any other state of the United States and any agency or instrumentality of the State of Kansas or of any other state of the United States or of the United States.

Infrastructure shall mean and include, but not be limited to, streets, bridges, sidewalks, recreational trails, parkways, curbs, gutters, driveway approaches, storm drainage facilities, stormwater detention and treatment facilities, traffic signals, traffic signs, streetlights, retaining walls, fences, and similar facilities providing or serving a public purpose.

KSA shall mean the Kansas Statutes Annotated and amendments thereto.

KCC shall mean the Kansas Corporation Commission or successor thereto.
May is to be construed as permissive.

Motor Vehicle shall mean every vehicle, other than a motorized bicycle or a motorized wheelchair, which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

Municipal Separate Storm Sewer System shall mean the publicly maintained storm water drainage system within this City, all appurtenances and ancillary structures thereto, conveyance or system or conveyances for storm water, including road drainage systems, Streets, catch basins, detention basins, curbs, gutters, ditches, man-made channels, or storm drains, as well as any system that meets the definition of a Municipal Separate Storm Sewer System or “MS4” as defined by the Environmental Protection Agency in 40 CFR 122.26, or amendments thereto.

Must or Shall are to be construed as mandatory.

Parkway shall mean the area between the Right-of-Way line and the street curb, or edge of Pavement on non-curbed Streets.

Pavement shall mean Portland cement concrete pavement, asphalt concrete pavement, asphalt treated road surfaces and any aggregate base material.

Pedestrian shall mean

(a) Any person afoot;

(b) Any person in a wheelchair, either manually or mechanically propelled, or other low powered, mechanically propelled vehicle designed specifically for use by a physically disabled person; or

(c) Any person using an electric personal assistive mobility device.

Person shall mean any individual, association, or entity, including but not limited to, a firm, partnership, sole proprietorship, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, political subdivision, public or private agency of any kind, utility, or a successor or assign of any of the foregoing, and shall also mean the manager, lessee, agent, servant, officer or employee of any of foregoing.

Public Improvement shall mean the construction, reconstruction, maintenance, or repair of any public infrastructure directly related to improvements for the health, safety and welfare of the public, including any project undertaken by the City for the Construction, reconstruction, maintenance, or repair of any public infrastructure, and including without limitation, streets, alleys, bridges, bikeways, parkways, sidewalks, sewers, drainage facilities, traffic control devices, street lights, public facilities, public buildings or public lands.

Public Lands shall mean any real property of the City that is not Right-of-Way.

Roadway shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel.

Right-of-Way shall mean the entire area on, below, or above, those present and future areas acquired, dedicated, reserved, or maintained for public street purposes.

Shawnee Design and Construction Manual shall mean the current standards for the design and construction of streets, bridges, sidewalks, recreational trails, parkways, curbs, gutters, driveway approaches, storm drainage facilities, stormwater detention and treatment facilities, traffic signals, traffic signs, infrastructure, streetlights, retaining walls, fences, and similar facilities, erosion and sediment control measures, and all related appurtenances adopted by the City Engineer pursuant to the provisions of Chapter 12.30. The term shall further mean and include references throughout this Code to the City Manual of Technical Specifications and Design Criteria, Shawnee Manual of Technical Specifications and Design Criteria for Public Improvement Projects, City of Shawnee Manual of Technical Specifications and Design Criteria for Public Improvement Projects, Technical Specifications, Shawnee Design Criteria, Shawnee Design Manual, or similar such references intended by the context to mean a reference to standards for design and construction as set forth in the same published standards now known as the Shawnee Design and Construction Manual, as have been or may be adopted, amended, revised, or implemented from time to time.

Sidewalk shall mean that portion of a Parkway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

State shall mean the state of Kansas.

Street shall mean the pavement, sub-grade and curb and gutter of a public roadway.

Tenant and Occupant when applied to a building or land, shall mean any person who occupies in whole or a part of such building or land, whether alone or with others.

Vehicle shall mean every device in, or upon which any person or property is or may be transported or drawn upon a right-of-way, and shall include trailers and boats, and shall not include a motorized wheelchair or devices moved by human power or used exclusively upon stationary rails or tracks.

All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

Any reference to gender within this Code is intended to be neutral and a grammatically neuter reference; any reference to gender shall mean and include the other gender unless expressly stated otherwise.

Any reference to the singular number includes the plural and the plural includes the singular unless expressly stated otherwise.
Any reference to tense is intended to include the past, present and future tense, unless expressly stated otherwise.

(Ord 3025, 2012)