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13-436. Health and sanitation; election, when. To make regulations to secure the general health of the city; to prevent and remove nuisances; to regulate or prohibit the construction of privy vaults and cesspools, and to regulate or suppress those already constructed; to compel and regulate the connection of all property with sewers; to suppress hogpens; to regulate or suppress slaughterhouses and stockyards, and prescribe and enforce regulations for cleaning and keeping the same in order; and the cleaning and keeping in order of warehouses, stables, alleys, yards, private ways and grounds, outhouses, and other places where offensive matter is kept or allowed to accumulate, and to compel and regulate the removal of garbage and filth beyond the city limits; and also to provide for taxing and to tax the cost of abating or removing any nuisance against any lot or tract of ground upon which the same is located and maintained, and to levy, certify and collect the same as a special assessment, in the same manner as for repairing and building sidewalks, in all cases where the owner, occupant or agent of said property shall fail, refuse or neglect to abate or remove said nuisance, after receiving notice to do so and being given a reasonable time in which to remove or abate the same, where said city has been compelled to abate or remove said nuisance.

The city may, when authorized by a majority of the votes cast at an election held for the purpose of voting funds to pay for the same, also establish and construct or cause to be established and constructed crematories, desiccating or reduction works, within or without the city, for the purpose of destroying dead animals, night soil, and garbage, and make all rules necessary for the operation of the same.

History: L. 1903, ch. 122, § 56; L. 1905, ch. 109, § 1; March 21; R.S. 1923, § 13-436.

Source or prior law:

L. 1862, ch. 46, art. 2, § 1, ¶ 8; L. 1864, ch. 69, § 2, ¶ 8; L. 1867, ch. 70, § 1, ¶ 8; G.S. 1868, ch. 18, § 15, ¶ 9; L. 1869, ch. 24, § 1, ¶ 9; L. 1870, ch. 47, § 1, ¶ 10; L. 1874, ch. 46, § 13, ¶ 6; L. 1879, ch. 82, § 2, ¶ 11; L. 1881, ch. 37, § 11, ¶ 11; L. 1883, ch. 34, § 1, ¶ 11; L. 1887, ch. 99, § 3, ¶ 11; for later law repealed by R.S. 1923, see L. 1907, ch. 114, § 62.

Cross References to Related Sections:

Collection and disposal of refuse, see chapter 12, article 21.

Law Review and Bar Journal References:

Water fluoridation, Newell A. George, 1 K.L.R. 156, 159 (1952).

Effectiveness of section in controlling feed lots has not been litigated, Bruce E. Wingerd, 36 J.B.A.K. 9, 64 (1967).

CASE ANNOTATIONS

1. "Public nuisance" and "private nuisance" defined and distinguished. City of Burlington v. Stockwell, 5 Kan. App. 569, 574, 47 P. 988.

2. Fact that other nuisances exist in same neighborhood no defense. City of Burlington v. Stockwell, 5 Kan. App. 569, 576, 47 P. 988.

3. Power of city in removing nuisance by ordinance considered; punishment. City of Burlington v. Stockwell, 5 Kan. App. 569, 572, 47 P. 988.

4. Power of city to abate liquor nuisance considered. Topeka v. Raynor, 8 Kan. App. 279, 283, 55 P. 509.

5. Ordinance providing for city scavengers, which creates monopoly, held void. In re Lowe, Petitioner, 54 Kan. 757, 760, 39 P. 710. Overruled: O'Neal v. Harrison, 96 Kan. 339, 150 P. 551.

6. City may grant exclusive right to remove all garbage. O'Neal v. Harrison, 96 Kan. 339, 342, 150 P. 551.

7. Ordinance regulating sale of milk considered and held valid. Kansas City v. Henre, 96 Kan. 794, 796, 153 P. 548.

8. Section considered in connection with act creating state entomological commission. Balch v. Glenn, 85 Kan. 735, 748, 119 P. 67.

9. City may grant exclusive right to remove all garbage. O'Neal v. Harrison, 96 Kan. 339, 150 P. 551.

10. Ordinance forbidding all kinds of garbage on city lots invalid. City of Goodland v. Popejoy, 98 Kan. 183, 185, 157 P. 410.

11. Liability for destruction of building in regulation of health and nuisances. Sheaff v. Kansas City, 119 Kan. 726, 241 P. 439.

12. City ordinance regulating barbers in conflict with state law held invalid. Trimble v. City of Topeka, 147 Kan. 111, 114, 75 P.2d 241.

13. Food-inspection ordinance held violative of both federal and state constitutions. McCulley v. City of Wichita, 151 Kan. 214, 219, 98 P.2d 192.

14. Cited in upholding city ordinance levying inspection fee against milk producers. Dorssom v. City of Atchison, 155 Kan. 225, 227, 124 P.2d 475.

15. City ordinance requiring tuberculin test of milk producer's herd upheld. Dorssom v. City of Atchison, 155 Kan. 225, 229, 124 P.2d 475.

16. Cesspool is not a sewer. McWilliams v. Barnes, 172 Kan. 701, 704, 242 P.2d 1057.


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