02-10089 Public Healthco�sooeeieaa�aima
(Published in the Salina Journal on July 1?, 2002)
ORDINANCE NUMBER 02-10089
AN ORDINANCE AMENDING SECTION 3 "EFFECTIVE DATE" OF
ORDINANCE NUMBER 02-10077 AS AMENDED BY ORDINANCE
NUMBER 02-10085 AND REPEALING SECTION 3 OF ORDINANCE
NUMBER 02-10077 AND ORDINANCE NUMBER 02-10085.
WHEREAS, on May 6, 2002, the Governing Body adopted on second reading Ordinance
Number 02-10077 regulating smoking in restaurants (the "Restaurant Smoking Ordinance") to be
effective 60 days after publication; and
WHEREAS, on June 17, 2002, the Governing Body adopted on second reading Ordinance
Number 02-10085 amending the Restaurant Smoking Ordinance to be effective 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 the Restaurant Smoking Ordinance and (b) the voters defeat the repealing
ordinance; under which circumstances the Restaurant Smoking Ordinance shall instead be effective
commencing September 9, 2002; and
WHEREAS, On July 3, 2002, the Saline County Election Officer certified that a petition
submitted pursuant to the initiative and referendum statute (K.S.A. 12-3013) containing a request
that the Governing Body adopt an ordinance repealing the Restaurant Smoking Ordinance (the
"Petition -Initiated Ordinance") was signed by the required number of electors qualified to sign; and
WHEREAS, on this 8th day of July, 2002, a motion to approve on first reading the
ordinance set forth in the petition failed and the Governing Body instead adopted Resolution
Number 02-5851 calling a special election submitting the petition -initiated ordinance to a vote of
the electors at the general election to be held November 5, 2002.
BE IT ORDAINED, by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. Section 3 of Ordinance Number 02-10077 is hereby amended to
provide as follows:
Section 3. This ordinance shall be in full force and effect commencing December 9,
2002.
Section 2. Relation to Ordinance. If a majority of the electors of the city voting on the
proposition approve the Petition Initiated Ordinance, this ordinance shall also be repealed.
Section 3. Repealer. Section 3 of Ordinance Number 02-10077 and Ordinance Number
02-10085 are hereby repealed.
Section 4. Effective Date. This ordinance shall be in full force and effect upon its
adoption and publication in the official city newspaper.
Introduced: July 8, 2002
Passed: July 15, 2002
J
4stin M. S ton, Mayor
(SEAL)
ATTEST:
Lieu Arm Nicola, City Clerk