12-3303. County adoption by reference in resolution; publication of resolution; hearing; applicability of code to certain areas of county to be specified.
12-3303
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in effect until it is repealed or amended or a later code is incorporated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.