12-3301: Definitions.
As used in this act, the following terms shall have the meanings
indicated unless the context otherwise requires:
(a) "Rules" mean those regulations or orders that have general
application;
(b) "Municipality" means any county or local unit of government which is
authorized to enact local laws under the state law or constitution;
(c) "Code" means any model or standard published compilation of rules in
book or pamphlet form which has been prepared by a technical association, a
federal agency, this state or any agency thereof, municipalities of this
state or any agency or instrumentality thereof and any metropolitan or
regional agency within this state, and such codes may be specifically, but
shall not be limited to: Building codes, plumbing codes, electrical wiring
codes, gas piping codes, health and sanitation codes, codes for the
processing, distribution and sale of products for human consumption; codes
of local traffic regulations, together with any other code which embraces a
subject which is a proper legislative matter;
(d) "Published" means printed or otherwise reproduced.
History: L. 1967, ch. 165, § 1; July 1.
12-3302: City adoption of codes by reference in ordinance.
The provisions of any code may be incorporated in a city ordinance by
reference, in accordance with the procedure and subject to the limitations
provided by K.S.A. 12-3009 through 12-3012.
History: L. 1967, ch. 165, § 2; L. 1969, ch. 88, § 1; July 1.
12-3303: County adoption by reference in resolution; publication of
resolution; hearing; applicability of code to certain areas of county to be
specified.
The provisions of any code may be incorporated in a county resolution by
reference and shall be as much a part of the resolution as if the same had
been set out in full therein when the resolution has been passed by the
board of county commissioners in the manner provided by law and it is
published and copies of said code are filed and marked as set forth in
K.S.A. 12-3304. Any county proposing to adopt or incorporate the provisions
of any code under the provisions of this act shall give notice thereof by
publication once in the official county newspaper. Such notice shall
identify the code or provisions proposed to be adopted and that area of the
county in which the same will be applied and fix a time for the holding of
a public hearing before the board of county commissioners upon the same.
Any section, article, chapter, part or portion of such code not
incorporated shall be clearly and specifically described by the
incorporating resolutions and declared to be omitted and any provisions
changing or adding to the incorporated provisions shall be stated in full
and published as a part of the resolution. Instead of incorporating with
omissions, the incorporating resolution may designate specifically the
sections, articles, chapters, parts or portions of the code to be
incorporated. No such resolution shall be deemed to have incorporated
therein any code or part thereof unless the same shall be clearly described
in the resolution by name or title, and the resolution contain the name or
title of the person, association, agency or other organization which
prepared, compiled, published or promulgated the same, the year, edition of
the work and the statute number or other sufficiently identifying
description. The amendment of any code or the publication of any revision
by the person or organization sponsoring the same shall not affect the
incorporating resolution but such incorporating resolution shall continue
in effect until it is repealed or amended or a later code is incorporated
by reference. Any statute or section thereof or any state regulation or
portion thereof which has been incorporated by reference and which is
amended by the legislature or changed by the issuing state officer, board
or agency, shall cease to be effective until and unless incorporated by
amendment of the incorporating resolution or the passage of another
incorporating resolution. Any part of a code adopted pursuant to the
provisions of this section may be made applicable, by resolution, either to
all unincorporated portions of the county or to any area of the county
outside of but within three (3) miles of the nearest point of the corporate
limits of any city. The resolution by which any such codes are adopted
shall clearly specify the portions of the code which are applicable to the
territory within three (3) miles of the corporate limits of a city and
which parts of said code are applicable to the remaining unincorporated
portions of the county. The county may itself enforce any such codes or may
contract with any city for the enforcement of codes in the territory
surrounding such city.
History: L. 1967, ch. 165, § 3; L. 1975, ch. 76, § 1; July 1.
12-3304: Counties; adoption of codes by reference;
filing copy of
adopted code; furnishing copies.
At least one copy of such code
incorporated by reference by
a county resolution shall be marked or stamped "official copy as
incorporated by resolution no. ____," with all sections or portions thereof
intended to be omitted clearly marked to show any such omission or showing
the sections, articles, chapters, parts or portions that are incorporated,
as the case may be, and to which shall be attached a copy of the
incorporating resolution, such copy filed with the county
clerk shall be
open to inspection and available to the public at all reasonable business
hours. Copies of such code, or part thereof which are incorporated by
reference shall be furnished without charge to the courts and all
administrative agencies charged with the enforcement of such code.
History: L. 1967, ch. 165, § 4;
L. 1985, ch. 77, § 1;
L. 2007, ch. 142, § 2; April 26.
12-3305: Same; penalty provisions to be in full in resolution.
Any county resolution which incorporates a code or part thereof by
reference and provides a penalty for violating such code or such resolution
shall state the penalty in full, and no part of such penalty shall be
incorporated by reference. The resolution incorporating the provisions of
any code or part thereof shall be published at least once in the official
county newspaper.
History: L. 1967, ch. 165, § 5; July 1.