When they met Tuesday, Leavenworth City Commissioners moved one step closer toward enacting a new littering ordinance.
The proposed ordinance, which could result in a $500 fine for littering, was brought before commissioners Tuesday for what is called "first consideration." The commissioners reached a consensus to advanced the proposed ordinance. It will be brought back later for final approval.
City Commissioner Mark Preisinger proposed enacting a littering ordinance Feb. 12.
According to City Attorney Tom Dawson, the League of Kansas Municipalities has warned against filing littering cases under an existing provision of the Uniform Public Offense Code used by cities. He said this is because of conflicting state statutes that address littering.
He said this advisory has been in place for about 10 years. Cities can adopt their own ordinances to prohibit littering. And he said many other cities in Kansas already have.
The city of Leavenworth's proposed ordinance would amend the Uniform Public Offense Code. The amendment would prohibit littering in public areas such as roadways, parks and streams as well as private property without the consent of the occupant of the property.
In the case of littering from a motor vehicle, the driver could be held responsible if no one else in the vehicle is identified as the perpetrator.
Commissioners discussed the ordinance last week and were asked about possible penalties.
City Clerk Karen Logan said Tuesday that under the proposed ordinance, fines cannot exceed $500.
"The judge is able to reduce that down," she said.
Mayor Larry Dedeke asked if most ordinances are written with fines being "up to" a certain amount.
Logan said this is correct.
During last week's meeting, commissioners also discussed the possibility of posting "no littering" signs in the city.
In other business
When they met Tuesday, Leavenworth city commissioners took the following action:
They approved an amendment to the design services agreement with Lochner Corp. for construction phase services for a Limit Street project. The change will increase the money paid to Lochner by an amount not to exceed $30,000. The motion was approved 3-2 with Commissioners Phil Urban and Davis Moulden voting against it.
They approved another contract with Lochner Corp. for inspection services for the Limit Street project for an amount not to exceed $160,776. The vote was 4-1 with Moulden voting against it. This contract is subject to a 80-20 cost sharing with the Kansas Department of Transportation. KDOT will pay for 80 percent and the city will pay 20 percent.
They approved a bid from Kansas City Freightliner in the amount of $94,009 for a 2014 dump truck.
They approved the removal of 12 permit parking signs from a city parking lot in the 500 block of Shawnee Street. Without the signs, the spaces will become public parking spaces. But the permit parking signs can be reinstalled as needed.
Page 2 of 2 - They approved a cereal malt beverage license for Leavenworth Main Street. The license will allow Main Street to serve cereal malt beverages each time it rents Haymarket Square through the remainder of 2013. The vote was 4-1 with Moulden voting against it. Moulden typically votes against cereal malt beverage licenses.
They approved an ordinance to rezone the northeast corner of Third and Seneca streets for multi-family residential use. The area previously was zoned for central business district use.
Mayor Larry Dedeke read a proclamation designating Saturday as Welcome Home Vietnam Veterans Day.
They authorized City Manager Scott Miller to contact local state legislators regarding opposition to a proposed Kansas Senate bill that would exempt health clubs from property taxes.