ORDINANCE NO. 1635
AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF STRONG CITY KANSAS APPROVING THE SECOND AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES READS AS FOLLOWS, “A WELL REGULATED MILITIA, BEING NECESSARY TO THE SECURITY OF A FREE STATE, THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, SHALL NOT BE INFRINGED.”
WHEREAS, Section Four of the Bill of Rights for the State of Kansas reads as follows, “A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.”: and
WHEREAS, ON April 16, 2013 Governor Sam Brownback signed into law Senate Bill 102, the 2nd Amendment Protection Act, which affirmed that “The 2nd Amendment to the Constitution of the United States reserves to the people, individually, the right to keep and bear arms as that right was understood at the time that Kansas was admitted to statehood in 1861, and the guaranty of that right is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.”; and
WHEREAS, the City of Strong City Kansas affirms its support for the 2nd Amendment Protection Act by confirming that the 2nd Amendment to the Constitution of the United States, as understood at the time that Kansas entered the union in 1861, did not authorize the federal government to enact any laws, orders, rules or regulations, whatsoever, regarding the right to keep and bear arms; and
WHEREAS, the 2nd Amendment Protection Act makes state law that federal acts in violation of the 2nd Amendment to the Constitution shall not be enforced, reading “ANY act, law, treaty, order, rule or regulation of the government of the United States which violates the 2nd Amendment to the Constitution of the United States is null, void and unenforceable in the state of Kansas.” And
WHEREAS, the City of Strong City, Kansas is committed to upholding the 2nd Amendment to the Constitution of the United States, Section 4 of the Kansas Bill of Rights and the 2nd Amendment Preservation Act signed into law by Governor Brownback on April 16, 2013.
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF STRONG CITY, KANSAS:
SECTION 1: UNENFORCEABLE FEDERAL ACTS. No agency of the City of Strong City, Kansas, or person in the employ of the City of Strong City, Kansas shall enforce, provide material support for, or participate in any way in the enforcement of any act, law, treaty, order, rule or regulation of the government of the United States regarding personal firearms, firearm accessories, or ammunition within the Boundary of this City of Strong City, Kansas:
SECTION 2: Any person residing in the jurisdiction of the City of Strong City, Kansas may file a complaint with the Strong City Council and Mayor if the person offers evidence to support an allegation that the City of Strong City, Kansas has adopted a rule, order, ordinance, or policy under which the City of Strong City, Kansas requires the enforcement or any material aid or other participation in the enforcement of any federal act, law, treaty, order, rule or regulation described by SECTION 1, or that, by consistent actions, requires the enforcement or any material aid or other participation in the enforcement of any Federal act law, treaty, order, rule or regulation. The person must include with the complaint the evidence the person has that supports the complaint.
SECTION 3: EFFECTIVE DATE This ordinance shall take effect immediately by the approval of the governing body, the public safety requiring it.
PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF STRONG CITY, KANSAS, THIS 10TH DAY OF SEPTEMBER, 2013.
ATTEST Shari L. DeWitt City Clerk
MAYOR Michael W. Cahoone
ORDINANCE NO. 1636
AN ORDINANCE PROVIDING FOR A SPECIAL USE PERMIT FOR A FOOD VENDOR IN THE CITY OF STRONG CITY, CHASE COUNTY, KANSAS.
WHEREAS, proper application has been made by Michael Hastings, operating as Southfork Smokeshack,(hereinafter referred to as “Permittee”) for a Special Use Permit to operate a food vending trailer at 302 South Cottonwood, Strong City, Kansas which property currently is zoned “Residential” and
WHEREAS, a food vending business is permitted and lawful as a special use in the City’s areas designated “Commercial” per the City’s Zoning Regulations; and
WHEREAS, the Planning Commission of the City of Strong City, Kansas did hold a public hearing after proper publication of notice and proper service of notice upon property owners within 200 feet of the property which shall be subject to the requested Special Use Permit; and
WHEREAS, the Planning Commission in formulating its recommendation on the application for special use permit, considered following criteria contained in the City’s Zoning Regulations and as required by Kansas law:
A. The character of the neighborhood, including but not limited to: zoning, existing and approved land use, platting, density (residential), natural features, and open space.
B. The nature and intensity of the proposed use and its compatibility with the zoning and uses of nearby properties. Such determination should include the location, nature, and height of structures walls, fences, and other improvements connected with the proposed use, their relation to adjacent property and uses, and the need for buffering or screening.
C. The extent to which there is a need in the community for the proposed use.
D. The availability and adequacy of required utilities and services to serve the proposed use. These utilities and services include, but are not limited to, sanitary and storm sewers, water, electrical and gas service, police and fire protection, schools, parks and recreation facilities and services, and other similar public facilities and services.
E. Adequacy of ingress and egress to and within the site of the proposed use, traffic flow and control, the adequacy of off-street parking and loading areas, the adequacy of required yard and open space requirements and sign provisions.
F. The extent to which the proposed use would adversely affect the capacity or safety of that portion of the road network influenced by the proposed use, or present parking problems in the vicinity of the property.
G. The environmental impacts that the proposed use would create (if any) including, but not limited to, excessive storm water runoff, water pollution, air pollution, noise pollution, excessive nighttime lighting or other environmental harm.
H. The economic impact of the proposed use on the community.
I. The extent to which the proposed use may detrimentally affect nearby property.
J. The relative gain (if any) to the public health, safety, and welfare from a denial of the application for special use permit as compared to the hardship imposed upon the special use applicant from such denial.
K. Consistency with the Comprehensive Plan, Utilities and Facilities Plans, Capital Improvement Plan, Area Plans, ordinances, policies, and applicable City Code of the City of Strong City and the general safety, health, comfort and general welfare of the community.
L. The recommendation of professional staff, and
WHEREAS, the Planning Commission recommended that a Special Use Permit be approved, subject to the following conditions:
a)Permittee, its employees and agents shall comply with all federal, state, county and city rules, statutes, ordinances and regulations that apply to this type of business and the purposes for which the permit is granted.
b) The applicant may maintain business hours within reasonable limits common to the business enterprise so as to prevent the possibility of a nuisance to the citizens of Strong City generally and local neighboring households in particular.
c) Any use of the business portion of the premises other than for cleaning, maintenance, and/or security is prohibited outside reasonable business hours without the express consent of the Governing Body.
d) Existing onsite parking is deemed to be adequate for the proposed use at this time. Parking adequacy shall be reviewed on a yearly basis by staff, in cooperation with the Owner to determine if additional space is needed.
e) Permittee shall not establish a permanent structure for the food vending business at 30 South Cottonwood, Strong City, Kansas.
f) The Special Use Permit herein granted shall be for a period of ninety (90) days. ,p. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF STRONG CITY, KANSAS:
Section 1. Basis of Decision. That the Governing Body, in making its decision on the application for the special use permit, considered the criteria contained in the City’s Zoning Regulations and as required by Kansas law and the recommendation forwarded to it by the City Planning Commission.
Section 2. Special Use Permit for a food vending trailer. That the Governing Body hereby grants a Special Use Permit, with the conditions as recommended by the Planning Commission to Permittee to operate a food vending trailer at 302 South Cottonwood, Strong City, Kansas.
Section 3. Permit Revocation. The effectiveness of this Special Use permit is conditioned upon the strict compliance by the Permittee with the provisions contained herein and in the City Strong City Zoning Regulations. Should Permittee fail to comply with any term or provision thereof and shall such failure continue following notice from City to Permittee specifying the breach and actions to be taken to cure the same, then, at the direction of the City Administrator, Permittee will be notified that this Special Use Permit is revoked and all uses permitted herein on the Property must immediately cease. Reinstatement following default may only be effected by action of the Governing Body. Wholly separate and apart from the specific conditions of the City’s Zoning Regulations are the City’s interest and duties to protect the public health, safety and welfare. Permittee agrees that this Ordinance shall not operate or be construed to impede or impair the lawful function of City government operation in this area.
Section 4. Effective Date. This ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law, which will also be the effective date for purposes of the special us permit herein granted.
PASSED AND APPROVED BY THE GOVERNING BODY THIS 10th day of September 2013.
ATTEST Shari L. DeWitt City Clerk
MAYOR Michael W. Cahoone
Calendar Churches City Services Depot Dining Education Events Government
Health Care History Lodging Recreation Shopping Utilities Theatre
City of Strong City firstname.lastname@example.org
4th and Chase, P.O. Box 208 / Strong City, KS 66869
620-273-6345 FAX: 620-273-6110
|Visit the Home Page for Kansas
A service of the Kansas State Library
City of Strong City