07-10385 Affidavit of Publication
Following is a true and correct copy of Ordinance No. 07-10385
together with proof of publication of the same.
(Published In The Salina (b) "Automobile junk deal-
Journal April 6,2007) ers" means any person or
ORDINANCE NUMBER persons who engage in the
07-10385 1 city in the business of buy-
AFFIDAVIT AN ORDINANCE ESTAB- ing,selling,storing,exchang-
USHING A 90 DAY MORA- ing, trading or otherwise
TORIUM ON THE ESTAB- 1 dealing in old automobiles or
LISHMENT OF NEW JUNK parts thereof for the purpose
I, Ann Garrison ,being YARDS OR THE EXPAN- of wrecking, dismantling or
g SION OF EXISTING ONES junking such old automobiles
IN THE CITY OF SALINA, or parts thereof, except old
KANSAS. batteries, old tires or other
duly sworn, declare that I am the Majors/Nationals BE IT ORDAINED by the old automobile parts which
Governing Body of the City are purchased separately
of Salina,Kansas: from the automobiles from
Section 1. Findings. The ,which they were removed,or
Coordinator of THE SALINA JOURNAL,a daily news- Governing Body makes the 1 dealing in old automobiles
following findings: I for any purpose other than
(a) City of Salina zoning !as vehicles, and who con-
paper published at Salina,Saline County,Kansas,and regulations set forth in Chap- duct such business at or
ter 42 of the Salina Code from any place in the city
(the "Zoning Code") estab- where any such old automo-
of general circulation in said county,which newspaper
lishes a list of permitted and biles or parts thereof are
conditional uses within each wrecked,dismantled,junked,
zoning district. kept or stored;provided,that
(b) City staff has received this section shall not apply to
has been continuously and uninterruptedly published a junk dealer license applica- regular dealers in new or
y an un erru h I' tion and request for a zoning secondhand automobiles,
certification for a junkyard who may as an incident to
'expansion located on one of their regular business en-
for five consecutive years prior to first publication of at- I the entryways into the com- gage in selling or dealing in
munity old automobiles.
(c) On October 23, 2006 (c) "Automobile junk parts
tached notice,and that the attached 1 the City Commission adopt- dealers" means any person
ed a Shared Vision state- or persons who engage in
ment and Strategic Plan for 'the city in the business of
the community. The Shared buying, selling, storing, ex-
Ordinance No.07-10385 Vision statement and the changing, trading or other-
Salina Comprehensive Plan I wise dealing in old automo-
both emphasize the need to biles or parts thereof,except
has been correctly published in said newspaper 1 beautify major entryways in- old batteries,old tires or oth-
y h news h a h to the community. er old automobile parts
(d) The regulatory tools which are purchased sepa-
the city currently has in place rately from the automobiles
times, the first publication given in for regulating the location from which they were re-
and appearance of uses moved,or dealing in old au-
such as junkyards, automo- tomobiles for any purpose
the issue of April 6 2007. bile graveyards, salvage other than for use as vehi-
yards yards and car crushing oper- cies, who do not engage in
ations are not consistent with the business of wrecking,
the community's vision for its dismantling, junking or stor-
entryways.�L` +
t;U��„I, ing such old automobiles or
(,4_'...1.1 `a--.."-,, (e) City staff has advised parts thereof within the city,
that a comprehensive review but who engage in the busi-
of the Zoning Code as it ad- ness of selling parts from
Ci 7 A i dresses junkyards, automo- such wrecked,dismantled or
Subscribed and sworn to before me, this bile graveyards,and salvage junked automobiles at or
yards in the city is needed so from any store,yard or other
that the Planning Commis- place in the city.
Sion and City Commission (d) "Scrap metal process-
day ofr' A.D. 2007 may determine the most ad- or"means any person or per-
' visable course for the city's sons who engage in the city LC, entryways. in the business of buying,
++)) r (f)The establishment of a selling, storing, exchanging,
V' f .M. short-term moratorium on trading or otherwise dealing
Notary Public new junkyards or the expan- in scrap metal.
e� sion of existing ones in the Section 4. Implements-
! city during the pendency of tion. For the purpose of im-
1 the legislative process in plementing this temporary
which Zoning Code amend- moratorium relating to junk-
ments may be developed yards.
I and considered is necessary (a)City staff shall neither:
in order toe avoid any further (1) Process any applica-
NOTARY PUBLIC•Stale of Kansas development of such junk- lion for or issue any new
S yards inside the city limits in junk dealers license;nor
w WEjN01(CHROBAK a manner potentially in con- (2) Process any applica-
- ►•Y d� flict with the policy determi- tion for or issue any zoning
"' MY APDt• • �.' nations resulting from that certificate for use of property
legislative process. as a junkyard.
Section 2. Moratorium. (b) City staff shall give a
There is hereby established written notice to any pending
a temporary moratorium on 'or future applicant for a junk
the licensing of new junk- dealers license informing the
yards or the expansion of ex- applicant of this temporary
isting ones in the City of Sall-, moratorium.
na, Kansas for a period of Section 5. Effective Date
ninety (90) days following and Term. This ordinance
I publication of this ordinance. shall be in full force and ef-
Section 3. Definitions. fect for and after its adoption
For purposes of moratorium and publication once in the
the following terms shall official city newspaper.
mean:
(a) "Junk dealers" means Introduced:
any person or persons who April 2,2007
engage in the city in buying, Passed:
collecting, trading in, ex- April 2,2007
changing or otherwise deal-
ing in junk as herein defined, Donnie D. Marrs,
and shipping, selling or oth- Mayor I
erwise disposing of the same
in truckload or carload lots, [SEAL] I
and who conduct such busi- ATTEST:
ness at or from any yard or
place in the city where such Penny Day,
junk,while owned or held by Deputy City Clerk (1t)
such person, is kept or stor-
ed; provided, that the term
"junk dealer"as herein used,
shall not include any person
classified as an "automobile
junk dealer" or as an "auto-
mobile junk parts dealer"as
hereinafter defined.