ORDINANCE NO. 9560

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, ENACTING CHAPTER 6, ARTICLE 13A OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO SHORT-TERM RESIDENTIAL RENTAL PROPERTY.

WHEREAS, it is the goal of the Governing Body of the City of Lawrence, Kansas, that all persons renting, leasing, or subleasing, on a short-term basis, dwelling units or portions thereof, on residential rental property within the City, enjoy a habitable and safe place to stay;

WHEREAS, it is the goal of the Governing Body of the City of Lawrence, Kansas, to protect the life, safety, general welfare, and health of all persons renting, leasing, or subleasing, on a short-term basis, dwelling units or portions thereof, on residential rental property within the City, by enforcing certain minimum standards pertaining to the maintenance of short-term residential rental property within the City;

WHEREAS, it is the goal of the Governing Body of the City of Lawrence, Kansas, to protect neighborhoods within the City from unnecessary disruption and disquiet, by requiring that each short-term residential rental property comply with federal, state, and local laws, including the occupancy limits established for the applicable zoning district; and

WHEREAS, the Governing Body of the City of Lawrence, Kansas, has determined that it can achieve each of those goals through the regulation of short-term residential rental property within the City.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. The Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended by enacting Chapter 6, Article 13A, which reads as follows:

ARTICLE 13A. SHORT-TERM RESIDENTIAL RENTAL PROPERTY CODE

6-13A01 SHORT TITLE; PURPOSE.

(a) This Article shall be known as the City’s “Short-term Residential Rental Property Code.”

(b) The Governing Body finds that, in order to advance the health, safety, and welfare of the residents of the City of Lawrence, Kansas, it is necessary to regulate certain activities, including the Renting of Dwelling Units, or portions thereof, on Short-term Residential Rental Property within the City.

6-13A02 DEFINITIONS.

The following words, terms, and phrases, when used in this Article, shall, except where the context clearly indicates otherwise, have the following meanings:

(a) “Accessory Dwelling Unit” shall mean a Dwelling Unit that is located on the same Lot as, but is incidental to a Principal Building or a Principal Use, where the Principal Building or Principal Use is a Dwelling Unit.

(b) "Code Official" shall mean the Code Enforcement Officer, anyone fulfilling the duties of the Code Enforcement Officer on either a temporary or permanent basis, or any designee of the City Manager, the Director of the Department of Planning and Development Services, or the Code Enforcement Officer.

(c) "Dwelling Unit" shall mean one room, or a suite of two or more rooms, designed for or used for living and sleeping purposes and having only one kitchen.

(d) "Licensee" shall mean any Owner or Person licensed by the City under this Article to Rent or Let a Dwelling Unit, or portion thereof, on a Short-term basis.

(e) “Long-term” shall mean a period of time that is equal to or greater than (30) days in length.

(f) “Lot” shall mean a contiguous parcel or tract of land, located within a single block fronting on a public street, that is occupied or utilized or that is designated to be occupied or utilized as a single unit, regardless of how it is owned or controlled. A Lot may or may not correspond with a Lot shown on the official tax maps of Douglas County, Kansas, or on an recorded subdivision, plat, or deed.

(g) “Non-owner Occupied” shall mean any Dwelling Unit in which the Owner resides less than 183 days per calendar year.

(h) “Owner” shall mean the individual or individual(s), natural or corporate, in possession of lawful title to real property. As used in this Article, Owner may also include any authorized agent of the possessor of lawful title to real property. For the purposes of this Article, the term “Owner” may be used interchangeably with the terms “Person” and “Licensee.”

(i) “Owner Occupied” shall mean any Dwelling Unit in which the Owner resides for more than 182 days per calendar year.

(j) “Person” shall mean any natural person, business association, or business entity, including but not limited to corporation, partnership, limited liability company, sole proprietorship, political subdivision of the State or other governmental entity, public or private agency, utility, or any other legal entity, or any successor or assign of any of the foregoing. Also, for the purposes of this Article, the term “Person” may be used be interchangeably with the terms “Owner” and “Licensee.”

(k) "Premises" shall mean a Lot or contiguous Lots under common ownership, together with all buildings, structures, and appurtenances existing thereon.

(l) “Principal Building” shall mean a building in which the Principal Use of the Premises is located. In any district zoned residential, the Principal Use shall be deemed to be a Dwelling Unit.

(m) “Principal Use” shall mean the primary use for which a Premises or Structure is utilized, as distinguished from a secondary or accessory use.

(n) "Re-inspection" shall mean any subsequent inspection conducted for the purpose of verifying that any violations reported during any inspection have been remediated.

(o) "Rent" shall mean, for the purposes of this Article, to provide or to offer for possession or occupancy a Dwelling Unit, or any portion thereof, for a Short-term basis, to a Transient Guest for consideration, pursuant to a written, oral, or implied agreement.

(p) "Resident Agent" shall mean any person or business entity, however organized, appointed by an Owner, who shall be responsible for compliance with this Article and who shall have the authority to receive communications, service of process, summons, notices, and other legal process in behalf of the Owner.

(q) “Short-term” shall mean a period of time that is less than thirty (30) days in length.

(r) “Short-term Rental License” shall mean any license issued by the City under this Article for the Short-term Renting of Dwelling Units, or portions thereof, on Short-term Residential Rental Property within the City.

(s) "Short-term Residential Rental Property" shall mean any Premises having one or more Dwelling Units, or portions thereof, that are Rented, on a Short-term basis, to one or more Transient Guests.

(t) "Transient Guest" shall mean any person who occupies a Dwelling Unit, or portion thereof, on a Short-term basis, other than the Owner, the Owner's immediate family (related by blood, marriage, or adoption), or any person residing with the Owner on Short-term Residential Rental Property.

6-13A03 SHORT-TERM RENTALS PERMITTED; RESTRICTIONS.

(a) Pursuant to Section 20-402 of the City Code, as amended, and subject to compliance with the terms of this Article, the use of any Dwelling Unit, or portion thereof, on Owner Occupied Short-term Residential Rental Property is permitted within the City as a Transient Accommodation use within all housing types. Each Owner Occupied Short-term Residential Rental Property must be licensed and inspected under this Article prior to the commencement of its use as a Short-term Residential Rental Property and must, at all times, comply with all provisions of this Article, including the occupancy limits established for the zoning district in which it is located.

(b) Pursuant to Section 20-402 of the City Code, as amended, and subject to issuance of a Special Use Permit and compliance with the terms of this Article, the use of any Dwelling Unit, or portion thereof, on Non-owner Occupied Short-term Residential Rental Property is permitted within the City as a Transient Accommodation use within all housing types. Each Non-owner Occupied Short-term Residential Rental Property must be issued a Special Use Permit under Chapter 20 of the City Code, as amended, and must be licensed and inspected under this Article prior to the commencement of its use as a Short-term Residential Rental Property; it must also, at all times, comply with all provisions of this Article, including the occupancy limits established for the zoning district in which it is located.

(c) It shall be unlawful for any Owner or Person to use an Accessory Dwelling Unit as Short-term Residential Rental Property.

6-13A04 SHORT-TERM RENTAL LICENSE REQUIRED.

(a) No Owner or Person shall Rent to a Transient Guest, on a Short-term basis, a Dwelling Unit, or portion thereof, located on Short-term Residential Rental Property within the City, unless otherwise exempted by this Article, without first (i) obtaining from the Department of Planning and Development Services a Short-term Rental License for that Dwelling Unit and without (ii) having a current, valid Short-term Rental License for that Dwelling Unit.

(b) In the case of multiple Owners of any Dwelling Unit subject to this Article, it shall be sufficient for any one of the Owners to have obtained a Short-term Rental License for the Dwelling Unit.

6-13A05 SHORT-TERM RENTAL LICENSE FEES.

All Owners or Persons obtaining a Short-term Rental License under this Article shall pay to the City an annual Short-term Rental License Fee of $17.00. The Short-term Rental License Fee shall be due at the time of application for or renewal of a Short-term Rental License. The Short-term Rental License Fee shall not be prorated or refunded upon denial or revocation, but may be pro-rated for partial years.

6-13A06 SHORT-TERM RENTAL LICENSE APPLICATION.

Application for a Short-term Rental License shall be made to the Department of Planning and Development Services on a form provided by the Department for that purpose. In addition, the Owner or Resident Agent shall complete the application in full, in writing, and shall provide the following information:

(a) The address(es) of the Dwelling Unit(s).

(b) The Owner's name, address, telephone number, cellular telephone number, and e-mail address, as applicable.

(c) (1) If the Owner has a local address, within forty miles of the City, then he or she MAY appoint a person or management company, also within forty miles of the City, to serve as his or her Resident Agent by checking the appropriate box and by providing the name, company name, if any, address, e-mail address, if any, and telephone number of the Resident Agent. Any Resident Agent appointed by the Owner shall have actual authority to perform certain tasks and to receive communications, service of process, summons, notices, and other legal process in behalf of the Owner.

(2) If the Owner does not have a local address, within forty miles of the City, then he or she MUST appoint a person or management company, located within forty miles of the City, to serve as his or her Resident Agent by checking the appropriate box and by providing the name, company name, if any, address, e-mail address, if any, and telephone number of the Resident Agent. Any Resident Agent appointed by the Owner shall have actual authority to perform certain tasks and to receive communications, service of process, summons, notices, and other legal process in behalf of the Owner.

(d) Certificates of Insurance establishing that the Premises, upon which the Dwelling Unit for which the Short-term Rental License is sought, is insured in an amount not less than $1,000,000.00 for casualty, personal injury, and property damage.

(e) A statement that the Owner, Resident Agent, or an employee thereof, has sent, through the United State mail, on a form created by the Code Official, notice of the proposed Short-term Rental use to all owners of record within 200 feet of the proposed Short-term Rental Property.

(f) A statement that the Owner has no employees, or, if the Owner has employees, certificates of worker’s compensation insurance establishing that the Owner has workers’ compensation insurance and in the amounts required by law.

(g) A Statement whether the Short-term Residential Rental Property will be Owner Occupied or Non-owner Occupied and, if Non-owner Occupied, proof that the Owner has obtained a Special Use Permit for such use.

(h) A statement that the Owner, Resident Agent, or an employee thereof will not, in renting or leasing a Dwelling Unit, or portion thereof, to any person or persons on a Short-term basis, discriminate against any person or persons on the basis of race, color, sex, religion, national origin, ancestry, disability, sexual orientation, sexual identity, gender identity, or age.

(i) The Owner's or Resident Agent’s signature and the date of the application. In order for the City to accept a Resident Agent’s signature, the application must be accompanied by the Owner’s written, notarized authorization granting the Resident Agent actual authority to sign documents and to act in behalf of the Owner hereunder.

6-13A07 SHORT-TERM RENTAL LICENSE ISSUANCE; DENIAL.

(a) The Code Official shall review each application for a Short-term Rental License. Within thirty (30) days of the application, the Code Official shall approve the application and shall issue to the Owner a Short-term Rental License, unless:

(1) The application is incomplete; or

(2) The application is determined to be fraudulent, to include a material misrepresentation, or to contain a false statement.

(b) If the application is determined to be deficient because it is incomplete under Section 6-13a07(a)(1), including the failure to pay the Short-term Rental License Fee and any Inspection Fee, the Code Official shall give notice to the Owner and permit the Owner fourteen (14) days therefrom within which to provide a completed application.

(c) If the application is denied under Section 6-13A07(a)(2), or the Owner has failed to complete the application within the fourteen-day period of Section 6-13A07(b), then the Code Official shall deny the application by giving Notice of Denial to the Owner or any Resident Agent. Notice of Denial shall be in writing, shall be mailed to the Owner or any Resident Agent, shall inform the Owner of the reason for denial with specificity, including all documentation supporting any allegation of fraud or material misrepresentation, and shall state that the Owner has fourteen (14) days from the date of the Notice of Denial in which to file with the Department of Planning and Development Services any written Notice of Appeal in accordance with Section 6-13A17.

(d) The Code Official shall maintain a copy of the Notice of Denial in his or her files.

6-13A08 SHORT-TERM RENTAL LICENSE APPEARANCE; MAINTENANCE

(a) The Short-term Rental License shall be on official City of Lawrence, Kansas, Planning and Development Services letterhead and shall include the Short-term Rental License number, the name of the Licensee, the address of the Dwelling Unit, and the expiration date of the Short-term Rental License.

(b) The Short-term Rental License shall be maintained by the Licensee on the Premises, if possible, or at the Licensee's principal place of business, and shall be made available, upon request, to any Transient Guest of the Dwelling Unit, or portion thereof, or to the Code Official.

6-13A09 SHORT-TERM RENTAL LICENSE TERM.

Unless revoked or otherwise terminated in the interim, the Short-term Rental License shall be valid from the time that it is issued until it expires at 11:59 p.m. on December 31 of the then-current year.

6-13A10 SHORT-TERM RENTAL LICENSE RENEWAL.

In order to retain a valid Short-term Rental License for a Dwelling Unit, the Licensee must renew the Short-term Rental License on an annual basis. At least eight weeks before a Short-term Rental License expires, the Code Official will mail to a Licensee or any Resident Agent a renewal Notice. To renew a Short-term Rental License, the Licensee must, BEFORE December 31 of that year: (a) remit to the City the annual Short-term Rental License Fee, in the amount required by Section 6-13A05 and any Inspection Fee in the amount required by Section 6-13A11; (b) return the renewal stub to the Department of Planning and Development Services; (c) submit proof that, for the preceding year, the Licensee has paid in full all state retail sales tax, all local retail sales tax, and any transient guest tax that may be applicable; and (d) the Licensee's Dwelling Unit(s) must have, unless otherwise exempted by this Article, have passed its (or their) most recent inspection. Failure to comply with each of the foregoing shall be grounds for denial of the renewal of a Short-term Rental License.

6-13A11 INSPECTIONS.

(a) All Short-term Residential Rental Property shall be inspected by the Code Official annually. It shall be the obligation of the Owner/Licensee to pay the Inspection Fee at the time of application or renewal. It shall also be the obligation of the Owner/Licensee to contact the Department of Planning and Development Services during the month of licensing or renewal to schedule an inspection. Failure to schedule and to complete an inspection shall be grounds for revocation of a Short-term Rental License or denial of a Renewal Short-term Rental License.

(b) The inspection shall be performed using an Inspection Form developed and used the Department of Planning and Development Services for that purpose and shall be similar in form to that used for the inspection of Long-term Residential Rental Property.

6-13A12 INSPECTION FEES; ADMINISTRATIVE FEES.

(a) Except as may otherwise be provided, the Inspection Fee shall be $50.00 per Dwelling Unit inspected. The Inspection Fee shall be paid at the same time as the Short-term Rental License Fee is paid at the time of licensing or renewal.

(b) Any Owner/Licensee that fails to appear for a scheduled inspection or re-inspection or any Owner/Licensee that refuses consent at a scheduled inspection shall be charged an Administrative Fee of $50.00 per Dwelling Unit that was scheduled for inspection. A scheduled inspection or re-inspection may be rescheduled with no less than seven (7) days' prior notice to the Code Official. There shall be no fee or penalty assessed to any Owner/Licensee if any inspection or re-inspection is rescheduled within that seven-day period.

(c) Any subsequent re-inspection, required after the initial re-inspection, shall be charged a Re-inspection Fee of $50.00 per Dwelling Unit re-inspected.

6-13A13 RIGHT OF ENTRY.

Absent exigent circumstances, whenever it is necessary to make an inspection or to enforce any provisions of this Article, or whenever the Code Official has reasonable suspicion that there exists in any Dwelling Unit on any Short-term Residential Rental Property subject to this Article, any condition or violation that makes such Dwelling Unit or Short-term Residential Rental Property unsafe, dangerous, hazardous, or a public nuisance, the Code Official shall have the right, after giving seventy-two (72) hours' written notice to the Licensee, to enter the Premises or any Dwelling Unit thereon, at all reasonable times to inspect the same or to perform any duty imposed by this Article, provided that such entry is made in accordance with the law. At the time of inspection, if the Dwelling Unit or Short-term Residential Rental Property is occupied, then the Code Official shall first attempt to make contact with the occupant, present proper credentials, and request entry. If the Dwelling Unit or Short-term Residential Rental Property is unoccupied, the Code Official is unable make contact with the occupant, or the Code Official is denied consent to enter, then the Code Official shall have the right to seek entry by way of an administrative search warrant or other lawful means.

6-13A14 VIOLATIONS; ALTERNATE COMPLIANCE.

(a) It shall be deemed a violation of this Article for any Short-term Residential Rental Property to be in violation of any provision of the City’s Property Maintenance Code, codified as amended at Chapter 9, Article 6 of the City Code.

(b) In cases where strict compliance with the Property Maintenance Code is not possible or where there are practical difficulties that limit the Short-term Residential Rental Property’s ability to comply strictly therewith, the Code Official shall have the authority and the discretion to grant alternate compliance, if and only if:

(i) alternate compliance is possible; and

(ii) alternate compliance does not compromise or diminish life, health, safety, or fire safety requirements.

(c) The details of any action granting alternate compliance shall be duly recorded by the Code Official and shall be maintained in his or her files.

6-13A15 OCCUPANCY LIMITS.

(a) Unless otherwise exempted by an approved site plan or except as may otherwise be provided, occupancy limits for Dwelling Units in each zoning district shall be those established at Section 20-601(d) of the City Code, as amended.

(1) For the purposes of this Section, minor children are not included in the Occupancy count.

(b) It shall be unlawful for any Person to permit or to cause any Dwelling Unit, licensed under this Article, to exceed the occupancy limits prescribed for that Dwelling Unit under Section 20-601(d) of the City Code, as amended.

6-13A16 NOTICE OF VIOLATION.

(a) Any Licensee of Short-term Residential Rental Property who, in the determination of the Code Official, violates any provision of this Article or the City Code shall be sent a Notice of Violation. The Notice of Violation shall be served on the Licensee or Resident Agent by hand-delivery, by electronic mail, or by first class mail addressed to the Licensee or any Resident Agent. The Notice of Violation shall state:

(1) The condition that has caused the alleged Violation(s);

(2) Whether the Code Official seeks: (1) remediation, and the time that remediation must be completed; (2) to place a Licensee on probation, or to extend a pre-existing probationary period, or (3) to revoke the Short-term Rental License; and

(3) That the Licensee has fourteen (14) days from the date of the Notice of Violation to appeal the Notice of Violation by filing with the Department of Planning and Development Services a written Notice of Appeal in accordance with Section 6-13A17.

6-13A17 APPEAL.

(a) Any Person aggrieved by the action of the Code Official in issuing a Notice of Denial or Notice of Violation shall have the right to appeal that action to the Building Code Board of Appeals. Such appeal shall be taken by filing with the Department of Planning and Development Services a Notice of Appeal within fourteen (14) days of the date of the Notice of Denial or Notice of Violation. The Notice of Appeal shall be in writing and shall set forth in sufficient detail why the Person believes that the Notice of Denial or Notice of Violation was issued in error or why the proposed penalty is excessive, inappropriate, or unreasonable. After the Notice of Appeal is filed, the Building Code Board of Appeals shall set a time and place for a public hearing. Notice of Hearing shall be given to the appellant in the same manner as the Notice of Denial or Notice of Violation. To prevail on appeal, the appellant must prove that it is more probably true than not true that the Notice of Denial or Notice of Violation was issued in error or that the proposed penalty is excessive, inappropriate, or unreasonable. If it fails to take formal action at the public hearing, the Building Code Board of Appeals shall, no later than thirty (30) days after the public hearing, issue its final order, which shall be transmitted to the appellant, or any Registered Agent, or to the Tenant in the same manner as the Notice of Denial or Notice of Violation.

(b) There shall be a $50.00 Docketing Fee due and payable at the time that any Notice of Appeal is filed.

(c) The filing of a timely Notice of Appeal under Section 6-13A17(a) shall, absent exigent circumstances, stay any administrative enforcement action under this Article until the Building Code Board of Appeals has issued its final order.

(d) The final order of the Building Code Board of Appeals shall be the final decision of the City. Any Person aggrieved thereby shall have the right, in accordance with state law, to appeal that final order to the District Court of Douglas County, Kansas.

6-13A18 PROBATION.

The Code Official or, in the case of an appeal from a Notice of Violation, the Building Code Board of Appeals, shall have the authority to place a Short-term Rental License on probation. The purpose of probation is to provide the Licensee a reasonable time to remediate any condition or conditions that cause(s) a violation of this Article. Probation may be conditioned to include reasonable reporting requirements, a reasonable time period to remediate violations, or other reasonable requirements necessary to bring the Short-term Residential Rental Property into compliance with this Article or the City Code. Failure to successfully complete any and all conditions of probation shall be grounds for revocation of the Short-term Rental License.

6-13A19 REVOCATION.

The Code Official or, in the case of an appeal from a Notice of Violation, the Building Code Board of Appeals, shall have the authority to revoke a Short-term Rental License. In making that determination, the Code Official or the Building Code Board of Appeals shall take into account the severity of the alleged violation and all other relevant mitigating and aggravating circumstances, including, but not limited to whether or not the Licensee has had other revocations or convictions under this Article. Any revocation shall be effective immediately, and no Short-term Rental License shall be issued for the Dwelling Unit, until the Dwelling Unit is re-inspected by the Code Official and all violations of this Article or City Code have been remediated.

6-13A20 HABITUAL VIOLATORS.

Any Person or Owner who has had more than 3 revocations under this Article shall be deemed an habitual violator and shall lose the privilege to operate any property within the City as Short-term Residential Rental Property. All applications for a Short-term Residential Rental License or any renewal thereof submitted by an habitual violator shall be denied by the Code Official as such and the applicant shall be issued a Notice of Denial. The applicant may appeal any such Notice of Denial in accordance with Section 6-13A17 of this Article.

6-13A21 UNLAWFUL ACTS.

(a) It shall be unlawful for any person to Rent or Let to any Transient Guest, a Dwelling Unit, or any portion thereof, located on Short-term Residential Rental Property within the City without first (i) obtaining from the Department of Planning and Development Services a Short-term Rental License as required by Section 6-13A04 of this Article and without (ii) having a current, valid Short-term Rental License.

(b) It shall be unlawful for any Person to Rent or Let to any Transient Guest, a Dwelling Unit, or any portion thereof, located on Short-term Residential Rental Property within the City that is in derogation of the City’s Property Maintenance Code, codified as amended at Article 6, Chapter 9 of the City Code, in violation of Section 6-13A14 of this Article.

6-13A22 MUNICIPAL OFFENSE.

Engaging in any of the unlawful acts set forth at Section 6-13A21 shall be a separate municipal offense. Any person violating a provision of Section 6-13A21 of this Article shall, upon an adjudication of guilt or the entry of a plea of no contest, be subject to a minimum fine of $500.00 and a maximum fine of $2,500.00 for each unlawful act. The municipal court judge shall have no authority to suspend all or any portion of the minimum fine for any conviction under Section 6-13A21(a) or Section 6-13A21(c). The municipal court judge shall also have the authority to order any person, upon adjudication of guilt or the entry of a plea of no contest hereunder, to comply with the terms of this Article.

6-13A23 REGULATIONS.

(a) In order to protect the health, safety, and welfare of the community, the Governing Body, shall have the power to promulgate, by resolution, Administrative Regulations governing administration of the City Short-term Residential Rental Property Code established by this Article. Any Regulations promulgated in accordance with this Article shall be dated and shall be available for inspection by the public at the City Clerk's Office during reasonable business hours. A Licensee shall receive a copy of the Regulations at the time of the issuance of Short-term Rental License(s).

(b) Licensees shall comply with all Regulations promulgated hereunder.

(c) All Regulations promulgated hereunder shall be consistent with the terms of the Article. In the event of any inconsistency or ambiguity, the terms of this Article shall control and supersede the Regulations.

6-13A24 EXEMPTIONS.

The provisions of this Article shall not apply to the following:

(a) Bed and Breakfasts, as that term is defined at Section 20-1763(2).

(b) Campgrounds, as that term is defined at Section 20-1763(1).

(d) Dormitory Housing, as that term is defined at Section 20-1701.

(e) Hotels or motels.

(f) Any structure or building located on Premises owned by the United States of America, the state of Kansas, Douglas County, Kansas, the City, the University of Kansas, or Haskell Indian Nations University.

(g) Any structure or building located on the Premises of any Religious Assembly Use, as that term is defined at Section 20-1753, except that any Dwelling Units owned by a religious institution, located off the Premises and not part of the Religious Assembly Use shall not be exempt hereunder.

SECTION 3. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 4. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing November 1, 2018.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of _______, 2018.

APPROVED:

___________________________________

Stuart Boley

Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.