§ 32-210. Franchise; violations of act; penalty.  


Latest version.
  • In the event of violation of any unified government franchise provisions, or the provisions of K.S.A. 12-2001 et seq., by any duly franchised person or entity, the municipality having granted such franchise, before taking any action to declare a forfeiture, shall serve written notice of such violation upon the franchise holder with directions to correct such violation or show cause why such violation should not be corrected at a public hearing held not less than 30 days from the date of service of such written notice. Continued violation of any unified government franchise provision of K.S.A. 12-2001—12-2005 et seq. may be enjoined by the Wyandotte County District Court. Any person, firm or corporation acting in its own behalf or under a lease or pole contract from any public utility which attempts to or does construct, install, operate or maintain a service requiring the use of the streets, alleys, sidewalks, public property and public right-of-ways, in any way, within the corporate limits of the city without possessing a valid franchise from the unified government as authorized by K.S.A. chapter 12 shall be guilty of a class C violation. Each day such act continues shall constitute a separate offense.

(Code 1988, § 32-209; Ord. No. 65816, § 1, 7-8-1993; Ord. No. O-10-18 , § 1, 3-22-2018)