02-10085 Public HealthC.000 MI.
(Published in the Salina Journal on June A 2002)
ORDINANCE NUMBER 02-10085
AN ORDINANCE AMENDING SECTION 3 "EFFECTIVE DATE" OF
ORDINANCE NO. 02-10077 REGARDING SMOKING IN RESTAURANTS
AND REPEALING THE SAME.
WHEREAS, on May 6, 2002, the Governing Body adopted on second reading Ordinance
No. 02-10077 regulating smoking in restaurants (the "Restaurant Smoking Ordinance") and
provided in section 3 of the Ordinance that it would be effective 60 days after its adoption and
publication; and
WHEREAS, the Restaurant Smoking Ordinance was published May 10, 2002, and will,
under its current provisions, go into effect July 9, 2002; and
WHEREAS, an initiative and referendum petition pursuant to K.S.A. 12-3013 (the
"Petition") is currently being circulated which calls for the adoption of an ordinance repealing the
Restaurant Smoking Ordinance (the "Repealing Ordinance") and which may result in the calling of
an election for voter consideration of the Repealing Ordinance; and
WHEREAS, if the Petition is filed at a time which would allow for its verification by the
County Clerk and the calling of an election by the Governing Body no later than July 8, 2002, the
special election could be called by the Governing Body to be conducted in conjunction with the
August 6, 2002, primary election; and
WHEREAS, the Governing Body desires to extend the effective date for the Restaurant
Smoking Ordinance until August 12, 2002, unless (a) a special election for voter consideration of
the Repealing Ordinance is called no later than July 8, 2002, to be held in conjunction with the
August 6, 2002, primary election, and (b) the voters defeat the Repealing Ordinance, under which
scenario the Governing Body desires that the Restaurant Smoking Ordinance be effective
September 9, 2002.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF SALINA, KANSAS, AS FOLLOWS:
Section 1. Amendment. Section 3 of the Restaurant Smoking Ordinance is hereby
amended to provide as follows:
Section 3. This ordinance shall be in full force and effect
commencing August 12, 2002; unless, however, (a) a special election
is called no later than July 8, 2002, to be held in conjunction with the
August 6, 2002, primary election, for voter consideration of an
ordinance repealing this ordinance and (b) the voters defeat the
repealing ordinance; under which circumstances this ordinance shall
instead be in full force and effect commencing September 9, 2002.
Section 2. Repealer. The existing Section 3 of the Restaurant Smoking Ordinance is
hereby repealed.
Section 3. Relation to the Ordinance. For the purpose of any petition filed pursuant to
K.S.A. 12-3013 seeking to amend or repeal the Restaurant Smoking Ordinance, this ordinance shall
be regarded as if it was included as a part of the Restaurant Smoking Ordinance.
Section 4. Effective Date. This ordinance shall be in full force and effect upon its adoption
and publication in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk
Introduced: June 10, 2002
Passed: June 17, 2002
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