reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3616 Powers.

19-3616.
Powers.
Upon the creation of a fire district pursuant to K.S.A. 19-3613, and amendments thereto, the governing body of the fire district shall have the authority to:
(a) Enter contracts;
(b) acquire, by lease or purchase, and dispose of real and personal property;
(c) acquire, by lease or purchase, construct, reconstruct, equip, operate, maintain and furnish buildings to house fire-fighting equipment;
(d) acquire, by lease or purchase, operate and maintain fire-fighting equipment;
(e) issue bonds, if approved by the board of county commissioners, as provided in K.S.A. 19-3601b, and amendments thereto;
(f) pay compensation and salaries to fire district employees;
(g) pay compensation to volunteer members of the fire district for fighting fires, responding to emergencies or attending meetings;
(h) issue no-fund warrants;
(i) exercise eminent domain;
(j) pay the operation and maintenance expenses of the fire district and any other expenses legally incurred by the fire district;
(k) prepare and adopt a budget, subject to the approval of the board of county commissioners;
(l) pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto.
The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire district and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed; and
(m) do all other things necessary to effectuate the purposes of this act.
History:
L. 1955, ch. 175, § 4; L. 1979, ch. 75, § 4; L. 1980, ch. 92, § 1; L. 1991, ch. 82, § 1; L. 1993, ch. 122, § 2; L. 2002, ch. 150, § 4; L. 2004, ch. 26, § 4; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3617 Furnishing of fire protection services; contracts for services; tax levy.

19-3617.
Furnishing of fire protection services; contracts for services; tax levy.
The governing body may provide for the furnishing of fire protection services or may contract with any other fire district, city or township or private entity within the vicinity of the fire district, for the purpose of furnishing fire protection service to the residents of such district.
Where such fire district does enter into a contract with any other fire district, city or township or private entity within the vicinity of the fire district for furnishing fire protection service to the residents of such district, the fire district governing board shall have the power to levy a tax not to exceed 8.5 mills upon the dollar of the assessed valuation of all taxable, tangible property in the district, for the purpose of carrying out the provisions of the contract. Such tax levy shall be in addition to all other tax levies authorized or limited by law except that no other levies for fire department purposes shall be made on such property.
History:
L. 1955, ch. 175, § 5; L. 1972, ch. 86, § 1; L. 1979, ch. 75, § 5; L. 1981, ch. 125, § 1; L. 1993, ch. 122, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3620 Operation of department; powers of governing body.

19-3620.
Operation of department; powers of governing body.
The governing body shall have full direction and control over the operation of such district fire department. The governing body shall have the power to:
(1) Select regular employees, provide for their compensation and furnish quarters for such employees if deemed desirable;
(2) provide for the organization of volunteer members of such department and pay compensation to such members for fighting fires, responding to emergencies or attending meetings;
(3) provide special clothing and equipment for such employees and volunteers;
(4) insure such employees and volunteers against accidental death and injury in the performance of their duties;
(5) pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto.
The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire district and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed; and
(6) do all things necessary or desirable to maintain and operate such department so as to furnish fire protection for the inhabitants of such district.
History:
L. 1955, ch. 175, § 8; L. 2002, ch. 150, § 12; L. 2004, ch. 26, § 5; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3621 Contracts with other municipalities to provide fire protection.

19-3621.
Contracts with other municipalities to provide fire protection.
The governing body of the fire district may enter into contracts with cities and other fire districts, townships, or duly organized and incorporated volunteer fire departments whether within or without the county or state, for cooperation between fire departments of the respective cities, districts and townships, and may include in such contracts provisions by which the fire department of such cities, townships or other districts or volunteer fire departments will furnish fire protection to the fire district in question in consideration of cash payments or reciprocal services. The governing body of the fire district may also include in such contracts provisions to provide, furnish and pay for a bond in such amount as shall be agreed upon to indemnify any such city, fire district, or township against any loss which it may sustain as result of damage to property or injury to persons arising out of the furnishing of fire protection services to such districts.
The supervision and control of the fire district fire department shall always be with the governing body of the fire district. The fire chief or person in charge of the fire department shall have the right in every case, where a contract exists for reciprocal service, to determine whether or not the district can spare all or any portion of its fire equipment and firefighters at that particular time.
History:
L. 1955, ch. 175, § 9; L. 1979, ch. 186, § 21; L. 1993, ch. 122, § 5; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3623 Inclusion of new territory in district; procedure.

19-3623. Inclusion of new territory in district; procedure.
New territory may be included in any fire district created under the provisions of K.S.A. 19-3613 through 19-3622, and amendments thereto, in like manner as provided by K.S.A. 19-3604 or 19-3605, and amendments thereto, for the inclusion of new territory in a fire district organized under the provisions of K.S.A. 19-3601 through 19-3612, and amendments thereto.
History:
L. 1957, ch. 193, § 5; L. 2016, ch. 6, § 2; March 24.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3623c Certain districts with territory in cities with a population of more than 50,000; attachment of territory; alternative methods.

19-3623c.
Certain districts with territory in cities with a population of more than 50,000; attachment of territory; alternative methods.
Any fire district which is created under K.S.A. 19-3613 et seq. having territory located within a city of the first class having a population in excess of fifty thousand (50,000) shall have area attached to it in the manner hereafter provided as alternative methods to others now provided by law.
(a) Upon petition by resolution of the governing body of such city to attach thereto territory which lies within such city but which is not located within any fire district, the board of county commissioners may enter an order making such attachment.
(b) Upon petition by resolution of the governing body of such city to detach territory within such city from a fire district created under K.S.A. 80-1512 et seq. and attach such territory to such fire district created under K.S.A. 19-3613 et seq., the board of county commissioners shall enter an order making such detachment and attachment.
History:
L. 1965, ch. 137, § 1; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3623d Bonded indebtedness of area or district.

19-3623d.
Bonded indebtedness of area or district.
The bonded indebtedness of any area, fire district or portion of a fire district affected by this act existing on the effective date of attachment by such city shall remain a charge upon the attached area as it existed immediately prior to the attachment.
History:
L. 1965, ch. 137, § 2; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3623e Fire protection reserve fund; source of revenue; limitations.

19-3623e.
Fire protection reserve fund; source of revenue; limitations.
The governing body of any fire district organized under K.S.A. 19-3613 et seq., and amendments thereto, is hereby authorized and empowered to transfer, annually, by resolution, from the general fund of the district any money credited to such fund, and subject to legal expenditure, which in the opinion of the governing body will not be needed for general operating expenses in such year, to a special fund to be established for the acquisition of fire-fighting equipment, apparatus or machinery or land and buildings to be used for fire-fighting purposes. Upon the adoption of such resolution the amount provided therein shall be transferred and credited from the general fund to the special fund.
All moneys credited to such special fund shall be used by such fire district for the acquisition of fire-fighting equipment, apparatus or machinery or land and buildings to be used for fire-fighting purposes. Such fund shall not be subject to K.S.A. 79-2925 to 79-2936, inclusive, and amendments thereto. In making the budget of such fire district, the amounts credited to, and the amount on hand in, such special fund and amounts expended therefrom shall be shown for the information of the taxpayers of such district.
If the governing body of any fire district determines that all or part of the money which has been transferred to such special fund is not needed for the purposes for which it was transferred, the governing body is authorized and empowered by resolution to retransfer such amount not needed to the district's general fund and such retransfer and expenditure thereof shall be subject to the provisions of K.S.A. 79-2925 to 79-2936, and amendments thereto.
If prior to the effective date of this act the governing body of any fire district has transferred money to a special fund to be used for replacement of equipment, such fire district is hereby authorized to use moneys from such fund in the manner provided in this section.
All property, real and personal, purchased by a fire district with public funds, including any funds obtained by tax levy or the issuance of general obligation bonds, shall be and remain the property of such fire district until otherwise disposed of in accordance with law.
History:
L. 1980, ch. 93, § 2; L. 1993, ch. 279, § 4; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3624 Creation; procedure.

19-3624.
Creation; procedure.
Subject to the provisions of K.S.A. 19-270, whenever 51% of the resident property owners of territory located in two or more counties, as determined by an enumeration taken and verified for this purpose by the county election officers of the counties in which the territory proposed to be included within the district is located, shall petition the county commissioners of the county in which the greater portion of territory of the proposed district is located for the creation of a benefit district for the purpose of providing fire-fighting service within the benefit district, it shall be the duty of the board of county commissioners, by resolution, to establish such fire district and to define the boundaries thereof as set forth in the petition. Thereafter, the county commissioners establishing such district shall direct the county clerk of the county in which the greater portion of the district is located to transmit a copy of the original resolution of the board establishing the district to the county clerk of any other county in which any territory of the benefit district shall be located.
History: L. 1959, ch. 149, § 1; L. 1984, ch. 109, § 1; L. 1986, ch. 70, § 19; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3624a Inclusion of land located in other benefit districts.

19-3624a.
Inclusion of land located in other benefit districts.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 19-3624 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a fire district.
History:
L. 1997, ch. 143, § 19; May 8.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3625 Governing body; powers; issuance of bonds and no-fund warrants.

19-3625.
Governing body; powers; issuance of bonds and no-fund warrants.
The board of county commissioners adopting the resolution establishing the benefit district shall be and constitute the governing body of such benefit district; and is authorized to contract for fire protection services and to purchase and hold fire apparatus and equipment or buildings to be used for the purpose of fire protection. In addition to the powers provided for in this section, the governing body shall have any powers granted to a fire district under K.S.A. 19-3601a. The governing body shall also have authority to issue general obligation bonds and no-fund warrants under the provisions of K.S.A. 19-3601b. The county commissioners as such governing board may adopt budgets, receive and expend moneys and otherwise act to provide for maximum fire protection within the district within available means. The county commissioners of the county wherein the greater portion of the district was located at the time the district was established shall be the governing body of the district after its establishment, even though thereafter additional territory is attached to the district to such an extent that after such attachment the greater portion of the territory thereof lies in another county.
History:
L. 1959, ch. 149, § 2; L. 1979, ch. 75, § 6; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3626 Budgets; certification of valuations; tax levies.

19-3626.
Budgets; certification of valuations; tax levies.
The governing body of a fire district established pursuant to K.S.A. 19-3624, shall annually file the budget of the benefit district with the clerk of the county in which the greater portion of the district is located; and the county clerk of any other county in which any territory of the district is located shall annually, on or before August 25, certify the total amount of assessed taxable tangible property in such benefit district located in such county to the clerk of the county in which the greater portion of the district is located. Thereafter, the county clerk of the county in which the governing body of the district is located shall determine the rate of tax necessary to be levied for such benefit district to finance that portion of the budget to be derived from ad valorem taxes, but such rate shall in no case exceed five mills upon the taxable tangible property in the benefit district. Upon determination of the rate of levy, the county clerk of the county in which the governing body of the district is located shall certify the same to the county clerk of each of the counties in which some portion of the benefit district lies. It shall be the duty of the board of county commissioners of the counties where any territory of the benefit district lies to levy the tax upon the taxable tangible property in such benefit district. The tax levy authorized by this section shall be in addition to all other tax levies authorized or limited by law.
History:
L. 1959, ch. 149, § 3; L. 1980, ch. 90, § 3; L. 1981, ch. 126, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3627 STransmittal of tax moneys; expenditures.

19-3627.
STransmittal of tax moneys; expenditures.
The county treasurer of any county in which any part of the benefit district lies, except the county treasurer of the county in which the governing body is located, shall upon collection of the tax moneys provided for in K.S.A. 19-3626, transmit the same to the county treasurer of the county in which the governing body is located, and said county treasurer shall credit all moneys received under this act to the benefit district. All moneys received by the benefit district may be paid out and expended by the governing body of said benefit district for the purposes of carrying out the provisions of this act.
History:
L. 1959, ch. 149, § 4; April 6.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3629 Attachment of territory; petition; notice to county clerk; budget; tax levies; expenditures.

19-3629.
Attachment of territory; petition; notice to county clerk; budget; tax levies; expenditures.
Territory adjacent to a fire district established pursuant to the provisions of this act and not a part of any other organized fire district may be attached to such district as hereinafter provided. Upon presentation to the board of county commissioners acting as governing body of the district a petition setting forth the boundaries of the area which desires to be attached to the fire district and signed by not less than 51% of the qualified electors of such area, as determined by an enumeration taken and verified for this purpose by the county election officer of the county in which the territory proposed to be attached is located, it shall be the duty of the board of county commissioners, at its next regular meeting, to examine such petition and if it finds the petition to be sufficient and in due form and further finds it to the best interest of the district to attach such territory, shall issue an order attaching such territory to the district and shall give notice of such attachment to the county clerk of the county wherein the territory seeking to be attached is situated. Such attachment shall be effective on the 1st day of March next following the entry of such order. Such attached territory shall be subject thereafter to the tax levied by the district and the district shall certify the levy to the county clerk of the county together with its budget, and the county clerk shall levy the fire district tax on all the taxable tangible property of the county located within the district.
The county treasurer shall, in January and July, each year, transmit all moneys belonging to the district to the governing body of the district and the governing body shall issue a receipt therefor. Such moneys may be expended in the same manner as other moneys derived from tax levies. When the territory so attached to the district is located in an adjacent county, the governing board of the district, after such attachment, shall proceed to adopt the budget, levy taxes and otherwise to govern such district, including the attached area, in the same manner as though such district were originally organized and established under this act.
History:
L. 1959, ch. 149, § 6; L. 1984, ch. 109, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3630 Attachment of territory outside county by district organized within county; laws applicable.

19-3630.
Attachment of territory outside county by district organized within county; laws applicable.
Whenever a fire district has been organized within any county as authorized by law and thereafter, territory adjacent thereto, but located in another county and not a part of any organized fire district, may be attached to such fire district in the same manner as provided in K.S.A. 19-3629, for attachment of territory to a district organized and established in more than one county. After such territory has been attached in the manner hereinbefore prescribed, notice of such attachment shall be given to the county clerk of the county wherein the territory attached is located, and such attachment shall become effective on the same date, shall be subject to tax levies, taxes shall be collected and transmitted and said district including the attached territory, shall be governed by and subject to the provisions of this act, in the same manner as though such district was originally organized and established hereunder. The county commissioners of the county in which the district was originally organized shall be the governing body of the district, regardless of the amount of territory thereafter attached to such district.
History:
L. 1959, ch. 149, § 7; April 6.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3631 Detachment of territory; petition; certification of boundaries; bonded debt.

19-3631.
Detachment of territory; petition; certification of boundaries; bonded debt.
Territory which is a part of a fire district organized in accordance with the provisions of K.S.A. 19-3624 to 19-3630, and amendments thereto, may be detached therefrom as herein provided. Upon presentation of a petition to the governing body of the fire district, setting forth the boundaries of an area within the district which desires to be detached from the fire district, signed by not less than 51% of the qualified electors of such area, as determined by an enumeration taken and verified for such purpose by the county election officer of the county in which the territory proposed to be detached is located, the governing body of such fire district may, at its next regular meeting, if it finds the petition is regular with at least the requisite number of signatures, enter an order detaching such territory from the fire district, such order to be effective on January 1 of the succeeding year. Thereupon, the governing board shall declare the new boundaries of the benefit district by resolution and shall certify a copy of such resolution to the county clerks of each of the counties in which a part of the benefit district is located.
The territory detached from the fire district shall be liable for its proportionate share of all outstanding indebtedness of the district on the date the resolution is passed by the governing board detaching the territory.
History: L. 1965, ch. 191, § 1; L. 1968, ch. 98, § 1; L. 1984, ch. 109, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3631a District board of trustees; appointment; powers.

19-3631a.
District board of trustees; appointment; powers.
Whenever a benefit district for the purpose of providing fire fighting service has been established under the provisions of K.S.A. 19-3624 et seq., and the governing body thereof determines that it is in the best interests of the district to place the supervision thereof under a district board of trustees, said governing body may appoint a board of not less than three members and not more than nine members, composed of persons other than members of said governing body, who shall serve at the pleasure of said governing body. The board so established may be vested with all powers vested in said governing body, or such supervisory powers as said governing body may, by resolution, delegate, and the board so appointed may exercise all powers so delegated.
History:
L. 1980, ch. 90, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3637 Fire districts in counties designated as urban areas; insurance for employees; payment of premiums.

19-3637.
Fire districts in counties designated as urban areas; insurance for employees; payment of premiums.
The provisions of this act shall apply to any fire district in any county designated as an "urban area" within the provisions of section 17 of article 2 of the constitution of the state of Kansas. The governing body of any fire district may acquire hospital, medical, life and disability income insurance on employees of the fire district and their dependents. Beneficiaries of such insurance may be such employees or their dependents. Premiums and other expenses of insurance acquired under authority of this act may be paid from the maintenance fund or the general operating fund of the fire district. Insurance authorized to be obtained under authority of this act may be acquired by competitive bids or by negotiation in the discretion of the governing body of the fire district.
History:
L. 1968, ch. 212, § 1; L. 1969, ch. 163, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 36 - Fire Protection › 19-3638 Fire districts; audits; costs.

19-3638. Fire districts; audits; costs.
The board of county commissioners of any county may order an audit of any fire district located within the county created under article 15 of chapter 80 or article 36 of chapter 19 of the Kansas Statutes Annotated, and amendments thereto. The township or townships which comprise the fire district shall be responsible for payment of the cost of the audit.
History:
L. 2016, ch. 67, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 37 - Sanitation Controls › 19-3701 Sanitary codes in certain counties; definitions.

19-3701.
Sanitary codes in certain counties; definitions.
The term "sanitary code" as used in this act shall mean rules and regulations designed to minimize or control those environments and environmental conditions that may adversely affect the health and well-being of the public. Such environments and environmental conditions may include, but are not restricted to: Sewerage and sewage disposal; water supply; food and food handling; insects and rodents; refuse storage, collection and disposal; housing, trailers and trailer courts.
The term "local health department" as used in this act shall mean any county, city-county, or multi-county health department created or organized by the county commissioners in this state for the purpose of protecting the public health and welfare of the citizens of the county and enforcing public health laws in the county and employing one or more full-time sanitation personnel.
History:
L. 1955, ch. 292, § 1; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 37 - Sanitation Controls › 19-3702 Adoption of code by county commissioners; contents; fees.

19-3702.
Adoption of code by county commissioners; contents; fees.
For the purpose of promoting the public health, comfort and well-being of the public, the county commissioners of any county in this state which is served by a local health department may by resolution adopt a sanitary code or codes to apply to such parts of the county as set forth in this act as they deem necessary, for the control of those environments and environmental conditions that may adversely affect the health and well-being of the public. Each sanitary code may provide for permits, licenses and fees. The county commissioners as set forth in this act may adopt reasonable fees for permits, licenses or other activities as required in the sanitary codes.
History:
L. 1955, ch. 292, § 2; L. 1961, ch. 160, § 1; L. 1965, ch. 193, § 1; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 37 - Sanitation Controls › 19-3703 Administration.

19-3703.
Administration.
Unless otherwise provided by the board of county commissioners, the local health department shall have the authority and responsibility for administering all sanitary codes. The board of county commissioners may designate a county agency other than the local health department to administer sanitary code regulations concerning sewage and sewage disposal.
History:
L. 1955, ch. 292, § 3; L. 1984, ch. 110, § 1; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 37 - Sanitation Controls › 19-3704 Submission to secretary of health and environment; notice; hearing; resolution; publication.

19-3704.
Submission to secretary of health and environment; notice; hearing; resolution; publication.
Whenever the county commissioners of such a county as set forth in this act deems it necessary to adopt a sanitary code, they shall prepare such sanitary code and submit it to the secretary of health and environment for review and approval. After such approval, the county commissioners shall hold at least one public hearing thereon and shall afford interested parties an opportunity to be heard either in favor or in protest of the proposed code. Such public hearing may be continued at the discretion of the county commissioners. Notice of the public hearing, including the date, time, place of the meeting, the purpose of the sanitary code, and in reasonable detail, the boundaries of the areas to be subjected to the code, shall be published in the official county newspaper once a week for three consecutive weeks. The notice also shall state that copies of the proposed sanitary code are available for public inspection at the local health department or at a place designated by the board of county commissioners. The date of the public hearing shall be not less than 10 nor more than 30 days after the date of the last notice published. After the final adjournment of such hearing or hearings, the county commissioners, to adopt the sanitary code, shall by resolution declare such code as necessary for the protection of the health and welfare of the public, and shall publish once in the official county newspaper the resolution, the purpose of the sanitary code, and in reasonable detail the boundaries of the areas to be subjected to the sanitary code. The resolution also shall state that copies of the sanitary code are available for public inspection at the local health department or at a place designated by the board of county commissioners.
History: L. 1955, ch. 292, § 4; L. 1975, ch. 462, § 27; L. 1984, ch. 110, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 37 - Sanitation Controls › 19-3705 Adoption of changes or amendments.

19-3705.
Adoption of changes or amendments.
Any change or amendment of a sanitary code shall be adopted by following the same procedure as set forth in this act for the initial adoption of the sanitary code.
History:
L. 1955, ch. 292, § 5; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 37 - Sanitation Controls › 19-3706 Inapplicability of act or codes.

19-3706.
Inapplicability of act or codes.
This act or any sanitary codes adopted as provided in this act shall not apply to incorporated cities or to any premises under one ownership which exceeds 10 acres in area, unless such code specifically provides for a greater acreage limitation, and which is used only for agricultural purposes. For the purposes of this act, "agricultural purpose" means a purpose related to the production of livestock or crops.
History: L. 1955, ch. 292, § 6; L. 1965, ch. 193, § 2; L. 1984, ch. 110, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 37 - Sanitation Controls › 19-3707 Sanitary code; penalties; prosecution.

19-3707.
Sanitary code; penalties; prosecution.
(a) Except as provided in subsection (b), any violation of any provision of a sanitary code shall be deemed to be a misdemeanor and punishable by a fine not to exceed $200 for each offense, and each day's violation shall constitute a separate offense. It shall be the duty of the county attorney of each county to prosecute any person who shall violate any provision of a sanitary code.
(b) In counties where the prosecution of the violation of the sanitary code is conducted in accordance with the provisions of the code for enforcement of county codes and resolutions, the penalties prescribed pursuant to such code shall apply. The county counselor or the county counselor's designee shall conduct such prosecution.
History:
L. 1955, ch. 292, § 7; L. 1991, ch. 81, § 2; April 18.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 37 - Sanitation Controls › 19-3708 Invalidity of part.

19-3708.
Invalidity of part.
If any clause, sentence, paragraph, section or subsection of this act shall, for any reason, be adjudged by any court of competent jurisdiction, to be unconstitutional and invalid, such judgment shall not affect, repeal or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or subsection thereof so found unconstitutional and invalid.
History:
L. 1955, ch. 292, § 8; June 30.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 37 - Sanitation Controls › 19-3709 Septic tank cleaning and hauling of sewage; licensing; fees; regulations; penalties for violation.

19-3709.
Septic tank cleaning and hauling of sewage; licensing; fees; regulations; penalties for violation.
In any county where any person, firm, corporation or association is engaging in the business of the cleaning of septic tanks and the hauling of sewage the board of county commissioners may provide by resolution for the licensing of such cleaners of septic tanks and haulers of sewage. The board of county commissioners may provide for licensing procedures, fees, bonding, inspection, removal of licenses, assignment of routes and other procedures and provisions related to the cleaning of septic tanks and hauling of sewage necessary to implement the administration of this act.
Except as provided by this section, any person violating such resolution adopted by the board of county commissioners shall be guilty of a class C misdemeanor. In counties where the prosecution of the violation of any such resolution is conducted in accordance with the provisions of the code for the enforcement of county codes and resolutions, the penalties prescribed pursuant to such code shall apply.
History:
L. 1971, ch. 98, § 1; L. 1991, ch. 81, § 3; April 18.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3801 Incorporation or enlargement; petition; limitation.

19-3801.
Incorporation or enlargement; petition; limitation.
For the purpose of encouraging development in this state and subject to the provisions of K.S.A. 19-270, the board of county commissioners of any county shall have the power, upon a proper petition being presented for that purpose, to incorporate, organize and enlarge industrial districts within such county in the manner provided by this act. The board of county commissioners shall not incorporate and organize or enlarge an industrial district when such industrial district is located entirely or in part within three miles of the nearest point on the city limits of any incorporated city located in the same county, unless the governing body of such city shall recommend by resolution that such petition be granted.
History: L. 1957, ch. 196, § 1; L. 1981, ch. 127, § 1; L. 1986, ch. 70, § 20; May 15.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3801a Inclusion of land located in another benefit district.

19-3801a.
Inclusion of land located in another benefit district.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, shall not be included within the boundaries of any industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of an industrial district.
History:
L. 1997, ch. 143, § 11; May 8.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3803 Conduct of hearing; incorporation, when; corporate name; first board of directors.

19-3803.
Conduct of hearing; incorporation, when; corporate name; first board of directors.
At the time of the hearing provided for in the next preceding section, it shall be the duty of the board of county commissioners first to ascertain and determine whether the required notice has been published, and if so, to hear all persons in favor or opposed to granting the prayer of the petition and all evidence with respect to whether or not such petition contains the proper number of signers prescribed by this act and whether the statements in said petition are true; and if upon such hearing it shall be found and determined that such petition is sufficient under the requirements of this act and that the granting of such petition has been recommended by the governing body of an incorporated city when such recommendation is required under the provisions of K.S.A. 19-3801, then such board of county commissioners may make a finding and decision approving the application, and if such application is approved, shall thereupon immediately declare the territory described in the petition to constitute a corporation and to be incorporated as an industrial district under the name of "The __________ industrial district of __________ county, Kansas" (inserting the name designated in the petition and the name of the proper county) and thenceforth the said territory and the owners and lessees of the property therein shall constitute a body politic and corporate and be a corporation under said name, and shall have perpetual succession. The five persons named in the petition shall be officially designated by the board of county commissioners as the first board of directors of such industrial district.
History: L. 1957, ch. 196, § 3; L. 1971, ch. 99, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3804 Records of organization; filing.

19-3804.
Records of organization; filing.
It shall be the duty of the board of county commissioners incorporating any industrial district under the provisions of this act to cause an entry to be made upon its records showing all of its declarations, findings, decisions and orders made pursuant to the preceding sections, which entry shall define the limits of the incorporated industrial district and shall recite in haec verba the statements as to the restrictions on use of the lands included in the industrial district which are contained in the petition approved by the board of county commissioners. All declarations, determinations, findings, decisions and orders of such board of county commissioners so entered of record shall be conclusive on all persons and of the corporate existence of such industrial district, and shall as to the restrictions thereby imposed on use of the lands included in the industrial district have the effect of covenants running with the land for so long as such land or any part of it shall remain within the industrial district. A copy of such findings, decisions and orders shall be filed for record with the register of deeds of the county in which such industrial district is located and a copy thereof shall also be filed in the office of the secretary of state of the state of Kansas.
History: L. 1957, ch. 196, § 4; L. 1971, ch. 99, § 3; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3806 Dissolution on petition of county attorney, when; notice and hearing.

19-3806.
Dissolution on petition of county attorney, when; notice and hearing.
If, after five years from the date of creation of an industrial district under the provisions of this act, the land therein is not being used for the intended purpose, such district may be dissolved by the board of county commissioners which organized said district on petition by the county attorney of the county in which it was organized. Upon the filing of such petition, the board of county commissioners shall forthwith fix a time and place for the hearing of such petition and cause the county clerk to give notice thereof by one publication in some newspaper published and of general circulation in the county at least fifteen (15) days before the day fixed for the hearing.
History:
L. 1957, ch. 196, § 6; June 29.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3807 Dissolution upon petition of owners of three-fourths of land in district; notice and hearing; filing orders; records to county clerk; tax levy, when.

19-3807.
Dissolution upon petition of owners of three-fourths of land in district; notice and hearing; filing orders; records to county clerk; tax levy, when.
Whenever the owners of three-fourths of the land comprising an industrial district shall file a petition with the board of county commissioners which incorporated said industrial district, praying for the dissolution of the same, it shall then be the duty of said board of county commissioners to fix forthwith a time and place for the hearing of such petition and to cause the county clerk to give notice thereof by one publication in some newspaper published and of general circulation in the county at least fifteen (15) days before the day fixed for hearing. At the time of said hearing, it shall be the duty of the board of county commissioners first to ascertain and determine whether the required notice has been published, and, if so, to hear all persons in favor or opposed to granting the prayer of the petition, and all evidence with respect as to whether or not such petition contains the proper number of signers prescribed by the act; and, if upon such hearing it shall be found and determined that such petition is sufficient, then such board of county commissioners may make a finding and decision approving the petition, and if such petition is approved, shall thereupon immediately make an order dissolving said industrial district. A copy of such order shall be filed with the secretary of state and with the register of deeds of the county in which the district was formed.
The records of such district shall be delivered to the county clerk, and if there be any debts unpaid of such industrial district at the time of its dissolution under the provisions of this act, then the board of county commissioners shall, at each succeeding annual levy of taxes, levy a tax on the property within the limits of such industrial district sufficient to pay such debt according to its terms in the same manner as taxes are now levied for county purposes.
History:
L. 1957, ch. 196, § 7; June 29.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3809 Construction of facilities; powers of directors.

19-3809.
Construction of facilities; powers of directors.
The board of directors of such districts shall regulate the kind and type of buildings constructed in the district in accordance with acceptable standards of construction in the interest of protecting public health and safety, and may require, if deemed proper, that fire resistive materials be used in the construction of industrial facilities in incorporated industrial districts, and shall order the suspension of anything within the limits of the district that it regards as dangerous, obnoxious or detrimental to the public health or safety, industrial growth and general welfare.
History:
L. 1957, ch. 196, § 9; June 29.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3811 Regular and special meetings, quorum of board; majority vote; vacancies.

19-3811.
Regular and special meetings, quorum of board; majority vote; vacancies.
Regular meetings of the board of directors shall be held on the first Monday of January, April, July and October of each year, unless such regular meeting day falls on a legal holiday in which event such said regular meeting shall be held on the next succeeding day not a holiday, and special meetings may be held at any time when all of the directors are voluntarily present, or may be called by the president and any two directors at any time, but written notice of specially called meetings shall be served at least twelve hours before time fixed for such special meeting unless such notice is waived in writing or by voluntary appearance. All meetings shall be held at the office of the district, which office shall be located within the district or in a public building adjacent thereto. A majority of directors shall constitute a quorum for the transaction of business. Each meeting of the board, whether regular or special, shall be open to the public and no meeting shall be held by the board to which the public is denied admission, and the board shall not at any time go into executive session. A vote by a majority of all directors on the board shall govern the decision of the board of directors of such district. In the event of the resignation, death or disability of any director, the remaining directors of the district shall fill the vacancy on the board by choosing and appointing by majority vote of the directors a qualified person to serve as director for the unexpired term of office for which the original director had been appointed or elected.
History: L. 1957, ch. 196, § 11; L. 1975, ch. 171, § 2; July 1.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3812 Rules and regulations, publication.

19-3812.
Rules and regulations, publication.
The board of directors of such district shall have power to make all reasonable rules and regulations as in its discretion may be necessary in the exercise of the powers and authority vested in said board by this act. Before any rules and regulations of the board shall be effective they shall be published at least once in a newspaper of general circulation in the county, such publication to be made not less than ten days prior to the effective date of such rules and regulations.
History:
L. 1957, ch. 196, § 12; June 29.
2023 Kansas Statutes › Chapter 19 - Counties And County Officers › Article 38 - Industrial Districts › 19-3813 Compensation of directors; term of office.

19-3813.
Compensation of directors; term of office.
The compensation of directors of industrial districts is hereby fixed at one dollar ($1) per year and all directors, excepting those first designated as hereinbefore provided, shall be elected to their offices for two (2) years and until their successors are elected and qualified.
History:
L. 1957, ch. 196, § 13; June 29.