12-3303.   County adoption by reference in resolution; publication ofresolution; hearing; applicability of code to certain areas of county to bespecified.The provisions of any code may be incorporated in a county resolution byreference and shall be as much a part of the resolution as if the same hadbeen set out in full therein when the resolution has been passed by theboard of county commissioners in the manner provided by law and it ispublished and copies of said code are filed and marked as set forth inK.S.A. 12-3304. Any county proposing to adopt or incorporate the provisionsof any code under the provisions of this act shall give notice thereof bypublication once in the official county newspaper. Such notice shallidentify the code or provisions proposed to be adopted and that area of thecounty in which the same will be applied and fix a time for the holding ofa public hearing before the board of county commissioners upon the same.Any section, article, chapter, part or portion of such code notincorporated shall be clearly and specifically described by theincorporating resolutions and declared to be omitted and any provisionschanging or adding to the incorporated provisions shall be stated in fulland published as a part of the resolution. Instead of incorporating withomissions, the incorporating resolution may designate specifically thesections, articles, chapters, parts or portions of the code to beincorporated. No such resolution shall be deemed to have incorporatedtherein any code or part thereof unless the same shall be clearly describedin the resolution by name or title, and the resolution contain the name ortitle of the person, association, agency or other organization whichprepared, compiled, published or promulgated the same, the year, edition ofthe work and the statute number or other sufficiently identifyingdescription. The amendment of any code or the publication of any revisionby the person or organization sponsoring the same shall not affect theincorporating resolution but such incorporating resolution shall continuein effect until it is repealed or amended or a later code is incorporatedby reference. Any statute or section thereof or any state regulation orportion thereof which has been incorporated by reference and which isamended by the legislature or changed by the issuing state officer, boardor agency, shall cease to be effective until and unless incorporated byamendment of the incorporating resolution or the passage of anotherincorporating resolution. Any part of a code adopted pursuant to theprovisions of this section may be made applicable, by resolution, either toall unincorporated portions of the county or to any area of the countyoutside of but within three (3) miles of the nearest point of the corporatelimits of any city. The resolution by which any such codes are adoptedshall clearly specify the portions of the code which are applicable to theterritory within three (3) miles of the corporate limits of a city andwhich parts of said code are applicable to the remaining unincorporatedportions of the county. The county may itself enforce any such codes or maycontract with any city for the enforcement of codes in the territorysurrounding such city.

      History:   L. 1967, ch. 165, § 3; L. 1975, ch. 76, § 1; July 1.