ADOPTING ORDINANCE
KANE COUNTY ORDINANCE No. 2013-8
AN ORDINANCE ADOPTING THE 2011 KANE COUNTY UTAH, COUNTY CODE ALONG WITH THE 2012 AMENDMENTS
WHEREAS, the Kane County board of commissioners in 2011 contracted with Sterling Codifiers to create a codification of all previously adopted county ordinances; and
WHEREAS, Sterling Codifiers presented to the county a codification of all county ordinances up to 2011 and then in 2012 codified additional updates to county ordinances; and
WHEREAS, said codification is entitled "KANE COUNTY, UTAH: COUNTY CODE," and
WHEREAS, the Kane County board of commissioners did not adopt the codification in 2011 or 2012 due to the process of updating the Kane County land use ordinance and the Kane County nuisance ordinance, and because there were some discrepancies between previous ordinances and the proposed codification; and
WHEREAS, the Kane County board of commissioners now desires to adopt the codification but allow for additional clarification regarding previous ordinances that are still in effect which need to be included in future codifications and ordinances that are still in effect but do not need to be codified; and
WHEREAS, Utah Code §17-53-208 (4) allows "any ordinance printed by authority of the county legislative body in book form ... or any general revision of county ordinances printed in book form ... may be adopted by an ordinance making reference to the printed ordinance or revision if a copy of the ordinance or revision is filed in the office of the county clerk at the time of adoption for use and examination by the public." and
WHEREAS, a copy of the codification in book form, titled "KANE COUNTY, UTAH: COUNTY CODE," which was created in 2011 and includes updates from 2012, is currently filed in the office of the county clerk and is available for use and examination by the public;
NOW THEREFORE, THE COUNTY LEGISLATIVE BODY OF KANE COUNTY, STATE OF UTAH, ORDAINS AS FOLLOWS:
The codification of county ordinances in book form titled "KANE COUNTY, UTAH: COUNTY CODE," created in 2011 by Sterling Codifiers, with updates from 2012, currently on file in the office of the county clerk for use and examination by the public, is adopted.
In accordance with title 1 chapter 1 section 1 of the aforementioned codification, it shall be referred to as the "Kane County Code." Any reference to a portion of the Kane County code on official county documents and subsequent county ordinances may be abbreviated as KCC followed by the title, chapter, section, and subsection where necessary.
The following is a list of previous ordinances that are currently contained in the Kane County code and remain in effect as set forth in the Kane County code:
•   Kane County ordinance no. 1961-3  An ordinance setting the day, place, and time for holding regular meetings of the board of county commissioners of Kane County, Utah
•   Kane County ordinance no. 1962-1 (1-1962)  An ordinance combining the county offices of auditor and clerk and of recorder and treasurer
•   Kane County ordinance no. 1971-7 (7-71)  Title 1 - large public assemblies
•   Kane County ordinance no. 1973-23 (23)  An ordinance providing for the licensing, care and control of dogs within the county of Kane
•   Kane County ordinance no. 1977-30 (30)  An ordinance separating the office of county recorder and county treasurer in Kane County, Utah
•   Kane County ordinance no. 1960-1  An emergency interim succession ordinance
•   Kane County ordinance no. 1980-1  An ordinance regulating the use of public and private sewers and drains, and providing penalties for violation
•   Kane County ordinance no. 1986-1  An ordinance providing for the acquisition, management and disposal of county-owned property
•   Kane County ordinance no. 1989-2/64  Flood damage prevention ordinance
•   Kane County ordinance no. 1989-4/66  An ordinance separating the offices of Kane County recorder and Kane County surveyor and designating the recorder's office as a depository for survey plats
•   Kane County ordinance no. 1990-1/68  An ordinance imposing a one % municipal sales and use tax and providing penalties for violation
•   Kane County ordinance no. 1991-1/69  An ordinance establishing the amounts of the official bonds for the county and precinct officers and employees
•   Kane County ordinance no. 1994-1/76  An ordinance providing for a fence law within Kane County, Utah
•   Kane County ordinance no. 1994-3/78  An ordinance of the board of commissioners of Kane County enacting an amendment to the revised ordinances of Kane County to establish an agriculture protection area advisory board
•   Kane County ordinance no. 1996-5/85  An ordinance establishing drinking water source protection zones
•   Kane County ordinance no. 1997-1  An ordinance establishing and creating the Kane County council on aging
•   Kane County ordinance no. 1998-3  An ordinance establishing the rules and procedures for the Kane County board of equalization
•   Kane County ordinance no. 1998-7  An ordinance prohibiting snow removal from county roads during certain periods without prior approval
•   Kane County ordinance no. 2000-1  An ordinance establishing a minimum taxable value for real property located within Kane County
•   Kane County ordinance no. 2002-3  Residential property tax exemptions
•   Kane County ordinance no. 2003-1  An ordinance authorizing recovery of expenses incurred in responding to hazardous materials emergencies
•   Kane County ordinance no. 2003-6  An ordinance approving of Kane County granting certain authority to the Kane County library board of directors and establishing procedures
•   Kane County ordinance no. 2004-5  This ordinance is to amend and update Kane County ordinance 1998-2 in establishing a resource development committee to study and advise the board of Kane County commissioners regarding planning, management, development, and conservation of resources found in Kane County including resources from public lands administered by federal and state agencies lying within Kane County.
•   Kane County ordinance no. 2005-1  Kane County hospital sales tax
•   Kane County ordinance no. 2005-3  Off-highway vehicles: An ordinance to designate and regulate the use of off-highway vehicles, pursuant to Utah Code Annotated, title 41 chapter 22, Utah Code Annotated 1953 as amended
•   Kane County ordinance no. 2005-4  Ordinance adopting the most current international building code (IBC), international residential code (IRC), international plumbing code (IPC), international mechanical code (IMC), international fire code (IFC), and other building ordinances
•   Kane County ordinance no. 2006-2  An ordinance adopting the international urban wildland interface code, as amended by Utah administrative rules
•   Kane County ordinance no. 2006-4  Sale of beer: An ordinance of Kane County, state of Utah, providing for the issuance of licenses and the collection of fees and also providing for the regulation and enforcement for the sale of beer within Kane County, state of Utah: repealing all other ordinances or parts of ordinances in conflict therewith.
•   Kane County ordinance no. 2006-5  An ordinance of Kane County providing for the licensing, control, and regulation of businesses within Kane County and repealing other ordinances in conflict therewith
•   Kane County ordinance no. 2006-7  An ordinance repealing and reenacting Kane County ordinance nos. 1971-18, 1982-7, 1989-7 and 1996-4 as amended, imposing a transient room tax and providing collection and appeal procedures
•   Kane County ordinance no. 2007-2  An ordinance relating to optional county sales and use tax
•   Kane County ordinance no. 2007-4  Kane County fire safety ordinance
•   Kane County ordinance no. 2007-6  An ordinance establishing a uniform system for addressing in Kane County
•   Kane County ordinance no. 2008-7  An ordinance imposing a one % sales tax on the sale of beverages and prepared foods by restaurants in Kane County
Notwithstanding KCC 1-2-1, the following list of ordinances, although not yet contained in the Kane County code, shall not be repealed by this ordinance and shall remain in effect:
•   Kane County ordinance no. 2004-4  An ordinance providing a comprehensive means for defining, identifying and abating nuisances
•   Kane County ordinance no. 2007-5  Kane County Duck Creek Days ordinance
•   Kane County ordinance no. 2011-2  An ordinance establishing rules of order and procedure for public meetings of the Kane County planning commission
•   Kane County ordinance no. 2012-8  Primary residency tax exemption amendment
•   Kane County ordinance no. 2013-5  An ordinance repealing all previous land use ordinances and adopting and enacting the 2013 Kane County land use ordinance
•   Kane County ordinance no. 2013-6  An ordinance amending chapter 10 of the Kane County land use ordinance to prohibit smoke shops
•   Kane County ordinance no. 2013-7  An ordinance prohibiting the use of any and all tobacco products on county property
In accordance with KCC 1-2-1 the following is a list of ordinances that are not contained in the Kane County code and shall not be added in the future, but qualify as a type of ordinance that is not repealed by the Kane County code under KCC 1-2-1:
•   Kane County ordinance no. 1971-1  An ordinance granting a commercial ferry franchise to Lake Powell Ferry Service, Inc.
•   Kane County ordinance no. 1977-28  An ordinance establishing a county service area: 28
•   Kane County ordinance no. 1989-5  An ordinance granting to Garkane Power Association, Inc., an electric light, heat and power franchise
•   Kane County ordinance no. 1992-2  An ordinance granting a right of way to Church Wells special service district for utility purposes
•   Kane County ordinance no. 1993-1A  An ordinance providing for the county-wide funding of an E911 emergency telephone system in cooperation with cities located within Kane County
•   Kane County ordinance no. 1995-1  Ordinance establishing Cedar Mountain fire protection district
•   Kane County ordinance no. 1996-3  An ordinance granting to South Central Utah Telephone Association, Inc., a franchise for a telephone system, lines, stations and accessories
•   Kane County ordinance no. 2002-4  Abandonment of road claims on a certain private property
•   Kane County ordinance no. 2003-3  Abandonment of road - south half of SW 1/4
•   Kane County ordinance no. 2003-4  Abandonment of road - beginning at NE corner
•   Kane County ordinance no. 2004-3  An ordinance taking the following actions with respect to the Cedar Mountain fire protection district (1) authorizing the district to provide emergency access snow removal; (2) emergency medical service; (3) approving an amended and restated charter for the district; (4) confirming and restating the boundaries of the district
•   Kane County ordinance no. 2007-1A  Background checks re: applicants for county employment; an ordinance authorizing the Kane County sheriff's office to do background checks on applicants for county employment
•   Kane County ordinance no. 2007-1B  Background checks re: applicants for county employment; an ordinance amending the Kane County policies manual to provide for the Utah criminal history dissemination - right of access
•   Kane County ordinance no. 2008-2  An ordinance to establish a long term closure of a portion of county road no. K2991, the Glendale Bench Road
•   Kane County ordinance no. 2008-3  An ordinance to establish a one year temporary closure of a portion of county road no. K2502, the Hog Spring Road
•   Kane County ordinance no. 2008-4  An ordinance to establish a long term closure of a portion of county road no. K2595, the East Hog Canyon Road
•   Kane County ordinance no. 2008-6  An ordinance confirming the assessment list and levying an assessment against certain properties in Kane County, Utah special improvement district no. 2005-1 (Vermillion Cliffs Estates)
•   Kane County ordinance no. 2012-2  An ordinance vacating the Chamberlain Ranch amended plat
•   Kane County ordinance no. 2012-11  An ordinance vacating Zion View Mountain Estates unit C, lot 70
•   Kane County ordinance no. 2012-12  An ordinance vacating a cul de sac in Zion View Mountain Estates Subdivision, unit D
This ordinance shall take effect on August 27th, 2013.
The county clerk is ordered to publish this ordinance in accordance with Utah state law.
   ADOPTED this 12th day of August, 2013.
            /s/   
            DIRK CLAYSON, Chair,
ATTEST:         Board of Commissioners,
            Kane County
/s/         
KARLA JOHNSON      Commissioner Matson voted   aye
Kane County Clerk/Auditor   Commissioner Clayson voted   aye
            Commissioner Heaton voted   aye