12-10630 Scrap Metal Dealer Registration(Published in the Salina Journal on March 14, 2012.)
ORDINANCE NUMBER 12-10630
AN ORDINANCE AMENDING CHAPTER 33, ARTICLE III OF THE SALINA CODE
BY AMENDING DIVISION 1 AND 2 AND ADDING DIVISION 3 IN ORDER TO
CONFORM WITH K.S.A. 50-619 et seq. PERTAINING TO JUNK AND JUNK DEALERS.
w BE IT ORDAINED by the governing body of the city of Salina, Kansas:
Section 1. That Divisions 1 through 3 of Chapter 33, Article III of the Salina Code is hereby
amended as follows:
' "DIVISION 1. GENERALLY
See. 33-36. Definitions.
"Bales of regulated metal" is regulated scrap metal properly processed with professional
recycling equipment by compression, shearing or shredding, to a form in which it may be
sold by a scrap metal dealer consistent with industry standards.
"Ferrous metal" is a metal that contains iron or steel.
"Junk vehicle" is a vehicle not requiring a title as provided in chapter 8 of the Kansas
Statutes Annotated, and amendments thereto, aircraft, boat, farming implement, industrial
equipment, trailer or any other conveyance used on the highways and roadways, which has
no use or resale value except as scrap.
"Junkyard" is an area of land, with or without buildings, used for or occupied by a deposit,
collection or storage, outside a completely enclosed building of used or discarded materials
such as scrap metal, machinery, equipment, tires, vehicles or parts thereof with or without
the dismantling, processing, recycling, salvage, sale or other use or disposition thereof.
Where such materials are a byproduct of an established permitted use on the property, such
activity shall be considered outdoor storage.
"Nonferrous metal" is a metal that does not contain iron or steel, including but not limited to
copper, brass, aluminum, bronze, lead, zinc, nickel and their alloys.
' "Regulated scrap metal' means any wire, cable, bars, ingots, wire scraps, pieces, pellets,
clamps, aircraft parts, junk vehicles, vehicle parts, pipes .or connectors made from
aluminum; catalytic converters containing platinum, palladium or rhodium; and copper,
titanium, tungsten, stainless steel and nickel in any form; for which the purchase price
described in K.S.A. 50-6,110 and 50-6,111, and amendments thereto, was primarily based
on the content therein of aluminum, copper, titanium, tungsten, nickel, platinum, palladium,
stainless steel or rhodium; any item composed in whole or in part of any nonferrous metal
other than an item composed of tin, that is purchased or otherwise acquired for the purpose
of recycling or storage for later recycling. Aluminum shall not include food or beverage
containers.
"Regulated scrap metal yard" is any yard, plot, space, enclosure, building or any other place
where regulated scrap metal is collected, gathered together and stored or kept for shipment,
sale, or transfer.
"Salvage yard" is an area of land, with or without buildings, used for storing, crushing,
dismantling, shredding, compressing or salvaging discarded machinery, equipment or two or
more unlicensed inoperable vehicles.
"Scrap metal dealer" is any person that operates a business out of a fixed location, and is also
either: (a) engaged in the business of buying -and dealing in regulated scrap metal; (b)
purchasing, gathering, collecting, soliciting or procuring regulated scrap metal; or (3)
' operating, carrying on, conducting or maintaining a regulated scrap metal yard or place where
regulated scrap metal is gathered together and stored or kept for shipment, sale or transfer.
"Tin" is a metal consisting predominantly of light sheet metal ferrous scrap, including large
and small household appliances, construction siding and construction roofing.
"Vehicle part" is the front clip consisting of the two front fenders, hood, grill and front
bumper of an automobile assembled as one unit; or the rear clip consisting of those body
parts behind the rear edge of the back doors, including both rear quarter panels, the rear
window, trunk lid, trunk floor panel and rear bumper, assembled as one unit; or any other
vehicle part.
"Wrecking yard" (auto salvage yard, automobile graveyard) is any area of land, with or
without buildings, upon which two or more motor vehicles of any kind which are inoperable
and / or unlicensed are stored for the purpose of collecting, crushing, dismantling or
Sec. 33-38. Site investigation.
Upon receipt of an application for a license to engage in the business of operating a
junkyard, salvage yard, wrecking yard or regulated scrap metal yard, or to renew an existing
license, the city clerk shall notify the zoning administrator and such license shall be issued
' only after:
1. The applicant has obtained from the zoning administrator a certificate to the effect that the
site currently being used or proposed to be used as a junkyard, salvage yard, wrecking
yard or regulated scrap metal yard conforms with all zoning requirements.
2. The building official shall have found that any proposed or existing buildings or equipment
with which the business is being or is to be operated conform to the requirements of the
building code and other applicable codes and the requirements of this chapter.
3. The fire marshal shall have found that the proposed or existing premises and equipment
conform to the requirements of the fire code and other applicable codes and the requirements
of this chapter.
Sec. 33-39. Issuance of license.
If all of the findings required in Section 33-38 are favorable to the applicant, the City Clerk sh
within thirty (30) days after the filing of the application, notify the applicant that the applicat
has been approved and that a license to operate a junkyard, salvage yard, wrecking yard
regulated scrap metal yard in the city shall be issued upon payment of the prescribed license I
If any of the findings provided for in said section are unfavorable to the applicant, the city cl
shall, within thirty (30) days after the fling of the application, notify the applicant that
application is disapproved and that no license will be issued. Upon request, the city clerk sl
furnish the applicant with a brief written statement of the grounds upon which the application N
disapproved.
See. 33-40. Fees.
Application and license renewal fees shall be paid to the city clerk. All fees shall be
prescribed in Section 2-2 and the city's adopted fee resolution.
See. 33-41. Transfer, form; term of license.
A license issued under this article shall not be transferred or assigned or used by any person
other than the one to whom it is issued, unless application for such transfer is made to the
city clerk.
The license shall not be used in any location other than the one described in the application
upon which it was issued, and shall state on its face the following: "This license applies only
to the premises indicated herein and authorizes the licensee to operate a junkyard, salvage
yard, wrecking yard or regulated scrap metal yard in a lawful place and manner only; it is
salvaging vehicles or parts thereof for recycling or resale.
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DIVISION 2. LICENSE
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Sec. 33-37. Annual license required; application.
'
No person shall engage in the business of operating ajunkyard, salvage yard, wrecking yard
or regulated scrap metal yard unless and until such person shall have first obtained an annual
license. Any person desiring to engage in the business of operating a junkyard, salvage yard,
wrecking yard or regulated scrap metal yard shall make application for such license on
forms furnished by the city clerk, which shall contain the following information:
1. The name and address of applicant, and in the event applicant is a partnership, the names
and addresses of all partners, and in the event the applicant is a corporation or limited
liability company, the names and addresses of all officers of such corporation or company.
2. The exact address and property description of the premises in Salina where the business is
to be carried on, together with a diagram of the premises showing with exactness the
location of abutting roads, property lines, buildings and uses, the boundaries of the area
where the operation will be conducted and the location, materials and design of all
buildings to be used in the licensed business, including structures required hereunder.
3. Such other information as may be required by City staff to determine compliance with city
ordinances.
Sec. 33-38. Site investigation.
Upon receipt of an application for a license to engage in the business of operating a
junkyard, salvage yard, wrecking yard or regulated scrap metal yard, or to renew an existing
license, the city clerk shall notify the zoning administrator and such license shall be issued
' only after:
1. The applicant has obtained from the zoning administrator a certificate to the effect that the
site currently being used or proposed to be used as a junkyard, salvage yard, wrecking
yard or regulated scrap metal yard conforms with all zoning requirements.
2. The building official shall have found that any proposed or existing buildings or equipment
with which the business is being or is to be operated conform to the requirements of the
building code and other applicable codes and the requirements of this chapter.
3. The fire marshal shall have found that the proposed or existing premises and equipment
conform to the requirements of the fire code and other applicable codes and the requirements
of this chapter.
Sec. 33-39. Issuance of license.
If all of the findings required in Section 33-38 are favorable to the applicant, the City Clerk sh
within thirty (30) days after the filing of the application, notify the applicant that the applicat
has been approved and that a license to operate a junkyard, salvage yard, wrecking yard
regulated scrap metal yard in the city shall be issued upon payment of the prescribed license I
If any of the findings provided for in said section are unfavorable to the applicant, the city cl
shall, within thirty (30) days after the fling of the application, notify the applicant that
application is disapproved and that no license will be issued. Upon request, the city clerk sl
furnish the applicant with a brief written statement of the grounds upon which the application N
disapproved.
See. 33-40. Fees.
Application and license renewal fees shall be paid to the city clerk. All fees shall be
prescribed in Section 2-2 and the city's adopted fee resolution.
See. 33-41. Transfer, form; term of license.
A license issued under this article shall not be transferred or assigned or used by any person
other than the one to whom it is issued, unless application for such transfer is made to the
city clerk.
The license shall not be used in any location other than the one described in the application
upon which it was issued, and shall state on its face the following: "This license applies only
to the premises indicated herein and authorizes the licensee to operate a junkyard, salvage
yard, wrecking yard or regulated scrap metal yard in a lawful place and manner only; it is
not a substitute for any certificate of occupancy, building permit, or other certificate or
permit that might be required by law of the licensee, and it does not relieve the licensee of
the responsibility to have all such required permits or certificates at all times and comply
with all laws affecting the above described premises. "
Said license shall further state on its face the date of its issuance and the date of its
w expiration, which shall be December 31 of the calendar year the license was issued.
Sec. 33-42. General operating requirements.
9 The following regulations shall apply to all junkyard, salvage yard, wrecking yard an
regulated scrap metal yard operations in the city and it shall be unlawful to operate suc
business in any manner not in accordance with the terms contained herein:
I. The license issued pursuant to this chapter shall be plainly displayed on the busine!
premises.
2. The junkyard, salvage yard, wrecking yard or regulated scrap metal yard, together wit
all things kept therein, shall at times be maintained in a sanitary condition.
3. No space not covered by the license shall be used in a junkyard, salvage yard, wreckin
yard or regulated scrap metal yard.
4. No water shall be allowed to stand in any place on the premises in such manner as 1
afford a breeding place for mosquitoes.
5. Weeds and vegetation on the premises, other than trees, shall be kept at a height of not moi
than 12 inches.
6. No garbage or other waste liable to give off a foul odor or attract vermin shall be kept o
the premises; nor shall any refuse of-any kind be kept on the premises, unless such refuE
is salvageable parts and in use in the license to business.
7. No junk, parts, regulated scrap metal or salvage shall be allowed to rest upon or protrud
over any public street, sidewalk, or curb, or become scattered or blown off the busine:
premises.
' 8. The premises where the operation is conducted shall be enclosed, except for entrances an
exits, by means of a nontransparent fence, wall or beam of a minimum height of eight (I
feet measured from ground level. A chain link fence with slats shall not be considered
nontransparent fence for screening purposes. In lieu of a solid wall or fence, chain lin
fencing may be installed if used in conjunction with a densely planted vegetative screei
Entrances and exits shall have nontransparent gates consisting of a minimum of four (Z
foot panels with an installed height of five (5) feet measured from ground level which sha
be closed when the business is not in operation. Required fencing and screening shall b
maintained and kept in good repair at all times.
9. No screening fence or wall may be located within a required front yard setback area alon
a public street or highway. Galvanized metal or sheet metal panels may not be used i
screening fences that face a public street or highway.
10. No inoperable vehicles or parts thereof or other salvage material shall be displayed c
stored outside the fence enclosure in a required front yard or in any manner designed t
attract customers or the general public from any public street or highway.
11. Vehicle crushing shall be permitted, however, vehicles and other salvage material may b
stacked no higher than the height of the required screening fence if located within twenty
five (25) feet of the screening fence.
12. No storage or stacking of vehicles or other salvage materials shall be permitted i
required parking spaces, driving aisles or fire lanes as determined by the fire chief.
' 13. All driveways and internal driving aisles shall be surfaced with crushed stone, gravel c
other all weather material which the fire marshal determines will support the weight c
fire apparatus and other emergency vehicles. All driving and maneuvering areas shall b
properly maintained and kept free of potholes, weeds, dust, trash and debris.
14. Combustible materials of any kind not necessary or beneficial to the licensed busine<
shall not be kept on the premises; nor shall the premises be allowed to become a fir
hazard.
15. No junkyard, salvage yard, wrecking yard or regulated scrap metal yard operator license
hereunder, or the agent or employee of the licensee, shall purchase or receive any vehicle
from any person under the age of eighteen (18) years without the written consent of
parent or guardian of such person. Such writing shall be held available for inspection b
the representative of the city for a period of at least six (6) months.
16. It shall be unlawful for any person, owner, tenant, or employee, to commit such acts z
listed below:
a. Discharge or deposit, upon any pubic or private property, any industrial, chemic
hazardous, or other regulated waste. All such material shall be disposed of at a stZ
or federally approved disposal site.
z b. Permit crankcase or radiator drainage, vehicle engine wash or other oils, grease
vehicle fuels or like material to be discharged or deposited on to any area within t
City.
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' a c. Discharge into a private sewage facility any industrial or chemical waste that coL
a have a biotoxic effect upon the facility.
3
d. Dump grass clippings, leaves, or any debris in to a curb, gutter, storm inlet, storm drain,
watercourse.
e. Cause a discharge that constitutes a hazard to humans or wildlife, or causes
violation of the federal Clean Water Act.
17. Any person who commits a prohibited discharge under this section shall be responsible I
any cost incurred in the containment and mitigation of the prohibited discharge. This sh
include any cost incurred by the city, which may include, but is not limited to, chemic
analysis, manpower and equipment.
18. All discharges from vehicle part washing operations shall be trapped and placed in t
sanitary sewer in accordance with city plumbing codes.
19. All facilities covered by this section shall be in compliance with all federal and su
stormwater discharge permitting and management regulations.
20. Floodway boundaries for the property shall be specifically marked with monument
other permanent structures acceptable to the city for ease in determining on the grou
where the floodway is located.
21. The storage of vehicles, either operable, inoperable, or junked, and vehicle parts and/or t
storage of hazardous materials, hazardous waste, or other regulated chemicals or materia
shall be prohibited in the floodway.
' 22. No junkyard, salvage yard, wrecking yard or regulated scrap metal yard shall be allow
to become a nuisance public or private, nor shall any such business premises be operas
in such manner as to become injurious to the health, safety or welfare of the community
of any residents or businesses in the vicinity.
23. A person who violates any provisions of this section is guilty of a misdemeanor and, up
conviction, is punishable by a fine of two hundred dollars ($200) for each act of violati
and for each day of violation.
See. 33-43. Causes for suspension and revocation.
The city manager may place on probationary status, suspend or revoke the license of any
junkyard, salvage yard, wrecking yard or regulated scrap metal yard at any time upon a
finding, after a report by the, zoning administrator, building official, fire marshal or chief of
police that:
1. The junkyard, salvage yard, wrecking yard or regulated scrap metal yard licensee or
agent or officer of such who takes part in the operation of the licensed business is 1
capable of operating the licensed business or carrying on the licensed activity in a mar]
consistent with applicable laws regarding the public health and safety, or has been conic
of any crime involving moral turpitude;
2. The junkyard, salvage yard, wrecking yard or regulated scrap metal yard has failed
comply with the provisions of this chapter of any provisions of the national, state or to
laws or ordinances applicable to the premises, equipment or operation of the licen
business;
3. The licensee has obtained such license through any fraud or misstatement;
4. The licensed business or activity is being conducted in a manner detrimental to the he
safety or general welfare of the public, or is a nuisance, or is being operated or carried on in
unlawful manner; or
5. The licensed business or activity is no longer being carried on or operated.
Sec. 33-44. Hearing on denial, suspension or revocation of license.
Any person aggrieved by the order of any administrative official authorized to act hereund
denying, suspending, or revoking a license for a proposed or existing business or activi
subject to the provisions of this chapter, or recommending that a license be placed c
probationary status, may file a written request for a administrative hearing before the city
manager within ten (10) days after the issuance of such order. The city manager shall give
notice of the hearing to other persons directly interested in the order in question. At such
hearing, the city manager shall determine whether the denial, suspension or revocation of the
license or probationary status of the licensee was in accordance with the provisions of this
w chapter and shall issue a written decision regarding the status of the license. This written
decision shall be filed with the city clerk and served by the city manager upon all parties
appearing or represented at said hearing. The city attorney shall furnish such assistance and
advice to the city manager as the city manager shall request.
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See. 33-45. Appeal.
Any probation, suspension or revocation of a license may be appealed to the board of city
commissioners by filing a notice of appeal with the city clerk's office within twenty days of
the date of the city manager's written decision. The appeal shall be heard by the board of
city commissioners at their next regularly scheduled meeting. Any decision of the board of
city commissioners shall be subject to appeal pursuant to applicable state law.
DIVISION 3. REGISTRATION
Sec. 33-46. Registration, application.
An application for registration for a scrap metal dealer shall be verified and made upon a
form furnished by the city and approved by the attorney general and shall contain:
(a) The name and residence of the applicant;
(b) The length of time that the applicant has resided within the state of Kansas and a list of
all residences outside the state of Kansas during the previous 10 years;
(c) The particular place of business for which a registration is desired;
' (d) The name of the owner of the premises upon which the place of business is located;
and
(e) The applicant shall disclose any prior convictions within 10 years immediately
preceding the date of making the registration for theft, theft of property lost, mislaid or
delivered by mistake, theft of services, criminal deprivation of property, or any other
crime involving possession of stolen propertyas defined in article 31 of chapter 21 of
the Kansas Statutes Annotated.
(t) In addition to the information required in subsection 33-46(e), the applicant shall also
disclose any prior convictions within 10 years immediately preceding the date of
making the application for registration for any federal or local crime or offense similar
to those stated in subsection 33-46(e), to include, but not be limited to, sections 6.1,
theft, 6.3, theft of lost or mislaid property, and 6.5, criminal deprivation of property,
and amendments thereto, to the Uniform Public Offense Code for Kansas Cities.
See. 33-47. Fees.
Application and license renewal fees shall be paid to the City Clerk. All application fees
shall be as prescribed in Section 2-2 and the city's adopted fee resolution. Sec. 33-48. Filing
of registration.
Sec. 33-48. Filing of registration.
The city clerk shall provide the chief of police written notice of the filing of registration by a
scrap metal dealer within 10 days of registration or renewal.
Sec. 33-49. Issuance of registration, term, transfer.
(a) Upon receipt of the application for registration, the application fee and verifying the
information contained in the registration application that the applicant is qualified; the
city clerk shall forward the application to the governing body or its designee. The
governing body or its designee shall accept a registration for a scrap metal dealer as
otherwise provided for herein, from any scrap metal dealer engaged in business in the
city and qualified to file such registration, to purchase regulated scrap metals.
(b) Registrations issued hereunder, unless revoked as herein provided, shall be effective for
a period of 10 years.
(c) If an original registration is accepted, the governing body, or its designee, shall grant and
issue renewals thereof upon' application for the registration holder, if the registration
holder is qualified to receive the same and the registration has not been revoked as
provided by law. The registration fee for such renewal, which shall be in addition to the
fee provided by section 33-47, shall be as prescribed in Section 2-2 and the city's adopted
fee resolution
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(d) No registration or renewal issued hereunder shall be transferable.
Sec. 33-50. Penalty.
Violation of this division is a class A violation and punishable by a fine of not more than
' o $2,500 or imprisonment in jail for not more than 12 months or by both such fine and
g imprisonment.
See. 33-51. Exception.
This division shall not apply to a business licensed under the provisions of K.S.A. 8-2404,
and amendments thereto, and Division 2 above unless such business buys or recycles
regulated scrap metal that are not motor vehicle components.
Sec. 33-52. Issuance, disqualification.
(a) After examining the information contained in a filing for a scrap metal dealer
registration and determining the registration meets the statutory requirements for such
registration, the city manager shall accept such filing and the scrap metal dealer shall be
deemed to be properly registered.
(b) No scrap metal registration shall be accepted for
A person who is under 18 years of age and whose parents or legal guardians have
been convicted of a felony or other crime which would disqualify a person from
registration under this division and such crime was committed during the time that
such parents or legal guardians held a registration under this division.
(2) A person who, within five years immediately preceding the date of filing, has pled
guilty to, been convicted of, released from incarceration for or released from
probation or parole for committing, attempting to commit, or conspiring to commit
' a violation of article 37 of chapter 21 of the Kansas Statutes Annotated, perjury,
compounding crime, obstructing legal process or official duty, falsely reporting a
crime, interference with law enforcement, interference with judicial process, or any
crime involving more turpitude under article 38 of chapter 21 of the Kansas Statues
Annotated.
(3) A person who, within the five years immediately preceding the date of registration,
has pled guilty to, been found guilty of, or entered a diversion agreement for
violating the provisions of section 1, and amendments thereto, KSA 50-6, 109 et
seq., and amendment thereto, the laws of another state comparable to such
provisions of laws of any county or city regulating the sale or purchase of regulated
scrap metal three or more times.
(4) A person who within the three years immediately preceding the date of registration
held a scrap metal dealer registration which was revoked, or managed a facility for
a scrap metal dealer whose registration was revoked, or was an employee whose
conduct led to or contributed to the revocation of such registration.
(5) A person who makes a materially false statement on the registration application or
has made a materially false statement on a registration or similar filing within the
last three years.
(6) A partnership or limited liability company, unless all members of the partnership
or limited liability company are otherwise qualified to file a registration.
(7) A corporation, if any manager, officer or director thereof, or any stockholder
owning in the aggregate more than 25% of the stock of such corporation, would be
ineligible to receive a license hereunder for any reason.
(8) A person whose place of business is conducted by a manager or agent unless the
manager or agent possesses all of the qualification for registration.
(9) A person whose spouse has been convicted of a felony or other crime which would
disqualify a person from registration under this section and such crime was
committed during the time that the spouse held a registration under this ordinance.
(10) A site proposed to be used as a business location that does not conform with the
requirements of the zoning ordinance and/or the requirements of this chapter.
Section 2. That existing Divisions 1 and 2 are hereby repealed.
Section 3. That Division 3 is hereby added.
Section 4. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
Introduced: February 27, 2012
Passed:Wngll,
2012
Samantha ayor
[SEAL]
[ TTEST]
Lieu Ann Elsey, CMC, City lerk
33.53. Suspension, revocation.
(a)The city manager, upon five days notice to the persons holding a registration, may
suspend the scrap metal dealer's registration for up to 30 days for any one of the
following reasons:
(1) The registrant has been convicted of violating any of the provisions of K.S.A. 50-
d
6,109 et seq., and amendments thereto, or any similar ordinance or code provisions
adopted by the city;
a
(2) The employment or continuation in employment of a person if the registered scrap
metal dealer knows such person has, within the 24 months prior to the notice of
suspension or revocation action, been convicted of violating any of the provisions of
K.S.A. 50-6,109 et seq., and amendments thereto, or the laws of another state
comparable to such provisions, or any city ordinance, or regulations controlling scrap
metal sale or purchase in Kansas or any other state; or
(3) Permitting any criminal activity under the Kansas criminal code, or similar ordinance
adopted by the city in or upon the registrant's place of business.
(b)The city manager may revoke the registration of a scrap metal dealer who has had its
registration suspended three or more times within a 24 -month period.
(c)The city manager, upon five days' notice to the person holding the registration, shall
revoke or suspend the registration for any one of the following reasons:
(1) The registrant has fraudulently registered by knowingly giving materially false
information on the registration form;
(2) The registrant has become ineligible to obtain a registration under this division;
(3) The nonpayment of any registration fees after receiving written notice that such
registration fees are more than 30 days past due; or
(d)Within 20 days after the order of the city manager denying, revoking or suspending any
registration, the registrant may appeal to the board of commissioners. The appeal shall be
heard by the board of commissioners at their next regularly scheduled meeting.
(e)Within 20 days after the order of the board of commissioners denying, revoking or
suspending any registration, the registrant may appeal to the district court and the district
court shall proceed to hear such appeal as though the court had original jurisdiction in the
matter. Upon request by the registrant, the district court may enjoin the revocation or
suspension of a registration until final disposition of any action brought under this
ordinance.
(f) Any action brought under this section shall be brought individually against a single
registrant's site and not against any other scrap metal sites or locations registered by the
same individual, company or business entity."
Section 2. That existing Divisions 1 and 2 are hereby repealed.
Section 3. That Division 3 is hereby added.
Section 4. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
Introduced: February 27, 2012
Passed:Wngll,
2012
Samantha ayor
[SEAL]
[ TTEST]
Lieu Ann Elsey, CMC, City lerk