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November 21, 2009

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AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT IN THE CITY OF EMPORIA, KANSAS.

Whereas, (1) the Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen (U.S. DHHS, 2000, citing Cal. EPA, 1997), and (2) studies have found that secondhand smoke is a contributor to indoor air pollution and breathing secondhand smoke is a cause of disease and illness in all human beings including heart attack, stroke, respiratory disease, cancers, and death.

Whereas, (1) the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space does not eliminate, the exposure to secondhand smoke given that no safe level of exposure to secondhand smoke has been found, (2) The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in public places and businesses by high rates of ventilation, (3) air cleaners which are capable of only filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke, (4) American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases it ventilation standards on totally smoke-free environments because it cannot determine a safe level of exposure to secondhand smoke, which contains cancer-causing chemicals, and ASHRAE acknowledges that the technology does not exist that can remove chemicals from the air that cause cancer.

Whereas, a recent ASHRAE Position Document on Environmental Tobacco Smoke (secondhand smoke) concludes that at present, the only means of eliminating health risks associated with indoor exposure is to ban all smoking activity, and (2) ASHRAE further concludes that no current ventilation, air cleaning or other technologies have been demonstrated to control health risks from secondhand smoke exposure in spaces where smoking occurs.

Whereas, tobacco use is the third leading cause of preventable death.

Whereas, secondhand smoke carcinogens and poisons pose special risk to children, the elderly, food service employees, and individuals with cardiovascular disease and/or impaired respiratory function, including asthmatics and those with obstructive airway disease.

Whereas, secondhand smoke exposure occurs in the workplace, and employees who work in smoking environments suffer a higher risk of heart attack, higher rates of death from cardiovascular disease, cancer, and stroke, as well as increased acute respiratory disease

Whereas, smoke filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke.

Whereas, the (Governing Body) Emporia City Commission recognizes that secondhand smoke poses a serious public health hazard, that nonsmokers need protection from environmental tobacco smoke exposure and that regulation by the City Commission of the burning of tobacco in public places and places of employment is imperative in order to protect the public health and welfare of the citizens of the City of Emporia.

(reference: Lawrence and Derby smoke free ordinances)

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

Section 1. Purpose.

The purpose of this Article is to (1) promote, improve, and protect the public's health by eliminating exposure to secondhand smoke in public places and places of employment, (2) creating smoke free environments for workers and citizens through regulation in the work place and public places so the right for all to breathe smoke-free air.

Section 2. Definitions.

The following words and phrases, whenever used in this Ordinance, shall be construed as defined in this section:

a. Bar means an enclosed establishment where the primary purpose is the sale, service, and consumption of alcoholic beverages. "Bar" also includes a separate, enclosed part of a larger establishment, such as a hotel, pool hall, private veterans' or service club, race track, restaurant or other similar establishment if: (1) the primary purpose of that separate, enclosed part of the larger establishment is the sale, service and consumption of alcoholic beverages; and (2) that part of the larger establishment is physically separated from the remainder of the larger establishment and has a separate ventilation system. (KC, MO ordinance, no other ordinance defines bar!)

b. Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

(Lawrence, Maize, Winfield, Derby)

c. City means the City of Emporia, Kansas

d. Employee(s) means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity. (Lawrence, Maize, Winfield)

e. Employee means any person who performs services for an employer with or without compensation. (Mission, Overland Park)

f. Employer means any person, partnership, corporation, professional corporation, municipal corporation, or nonprofit entity, which employs the services of one or more employees/individual persons. (all ordinances)

g. Enclosed area means all spaces between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures and halls. (all ordinances)

h. Enclosed Public Places means the portion or portions of any building, structure or other enclosure of any type to which the public is invited or permitted for the transaction of any business or the engagement in any activities, which building, structure or enclosure (or the public portion thereof) is enclosed by floor-to-ceiling walls and by roof or ceiling structures (exclusive of doors, windows, and passageways), and includes the portions thereof provided as public entrances and exits, hallways and passageways, reception areas, lobbies, waiting rooms, elevators and restrooms. Examples of Enclosed Public Places include but are not limited to: retail stores, retail service establishments (including food and/or beverage service establishments and other commercial facilities of all types; professional offices; educational healthcare, childcare and adult care facilities; indoor recreational and sports facilities; hotels, motels and other places of public accommodation; and convention, conference and meeting facilities). (Newton)

i. Enclosed Places of Employment means the portions of any building, structure or other enclosure of any type which is under the possession or control of a public or private employer, which building, structure or enclosure (or the employee-access portion thereof) is enclosed by floor-to-ceiling walls and by roof or ceiling structures (exclusive of doors, windows and passageways), in which the employer's employees engage in employment-related and other necessary activities, including but not limited to: work areas; lounge, dining and rest areas; restrooms; meeting rooms; and hallways and other passageways. (Newton)

j. Food Service Establishment shall mean any place in which food is served or is prepared for sale or service on the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order cafÈ, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside kitchen, commissary and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge. (Lawrence, KC, MO; Derby, Maize, Winfield)

k. Health care facility means an institution, place, building, or agency required to be licensed under Kansas law, including but not limited to a hospital, nursing facility or nursing home, boarding home, assisted living facility, supervised living facility, or ambulatory medical and surgical center, but excluding a private residence being visited by a health care provided for the purposes of providing in-home health care.(Derby)

l. Licensed Premises means any premises where alcoholic liquor or cereal malt beverages, or both, by the individual drink as defined by K.S.A. Chapter 41, and amendments thereto, is served or provided for consumption or use on the premises with or without charge. Such term shall include drinking establishments, Class A Private Clubs, Class B Private Clubs, and cereal malt beverage retailers, all as defined by K.S.A. Chapter 41, and amendments thereto, and this Code. (Lawrence, Maize, Derby)

m. Main Entrance means each entrance to a public place or place of employment available for regular use by the public and designated as a main entrance by the person in charge thereof; provided that at least one main entrance shall be designated for each public place or place of employment. (Derby)

n. Open Office Landscaping means indoor areas without permanent walls, or walls that are not floor to ceiling; open space such as waiting areas and atriums; cubicles and/or open desk seating areas. (Overland Park, Derby)

o. Place of Employment means any enclosed area under the control of a public or private employer and which employees normally frequent during the course of employment, including but not limited to work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, employee lounges, eating areas, stairs and restrooms; and any area outside of any such enclosed area and located within twenty (20) feet of a main entrance or ventilation system air intake unit. A private residence is not a place of employment unless used as a childcare, adult day care or health facility (or a residence used as a business in which one or more persons are employed, Winfield) (Derby Lawrence, Maize, Overland Park, Mission, Kansas City, Missouri)

p. Private Place means any enclosed area to which the public is not invited on in which the public is not permitted, including but not limited to, personal residences or personal motor vehicles. A privately owned business, open to the public, is not a "private place". (Lawrence, Winfield, Maize, Derby)

q. Public Place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, Laundromats, public transportation facilities, reception areas, production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a "public place". (Lawrence, Mission, Overland Park, Winfield, Kansas City, Missouri) Derby definition includes the following additions: shopping malls, professional and other offices, hotels, motels, libraries, child care and adult day care facilities, food service establishment and licensed premises, galleries, libraries, aquariums, museums, health care facilities, including but not limited to hospitals, physical therapy facilities, clinics, and medical and dental offices. Sports arenas and convention halls including enclosed places in outdoor arenas; any facility which is primarily used for exhibiting any motion picture, play, drama, lecture, musical recital or other similar performance, except that performers may smoke when smoking is part of a stage production; any place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, bingo halls, billiard halls, betting establishments, bowling facilities, arenas, and swimming pools, Every room, chamber, place of meeting or public assembly, including school buildings, under the control of any board, council, commission, committee, including a joint committee, or any agency of the City or any political subdivision of the state, to the extent such place is subject to the jurisdiction of the City, during such time as a public meeting is in progress. Also polling places, private residences, when used as a child care, adult day care or health care facility, all enclosed spaces within any of the foregoing and customarily used or patronized by the public, including but not limited to; lobbies, waiting rooms, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. Restrooms, lobbies, reception areas, hallways, and any other common-use areas, service lines, elevators, all areas outside of any foregoing and located within 20 feet of a main entrance or ventilation system air intake unit. (Derby)

Public Place (Maize) Food service establishments and licensed premises, excluding areas of a Food Service Establishment or Licensed Premises that are not enclosed, such as patios, outdoor dining areas, and courtyards. All areas available to and customarily used by the general public in all Business and non-profit entities patronized by the public, including, but not limited to, attorneys' offices and other offices, banks, Laundromats, hotels, and motels. Private clubs and fraternal organization facilities, and drinking establishments and taverns. (in addition to the above lists)

r. Public Assembly Seating means any bleacher section, grandstand, or other seating, affixed and permanent in nature located in the city, on any property owned or leased by any municipality, whether city, county, state, school district or community college, or university. (Garden City)

s. Public Building means the enclosed area of any building or structure owned, leased or occupied by any federal, state, county, or city governmental entity, agency, department, office, or subdivision. (Garden City)

t. Retail Tobacco Store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. (Lawrence, Maize) Retail tobacco store does not include any establishment with a liquor license, grocery store, convenience store, gas station, general retailers or similar retail establishments. (Kansas City, Missouri)

u. Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers at not cost or for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. (KC, Mo)

v. Service Line means any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. (Lawrence, Mission, Winfield, Overland Park, KC, Missouri)

w. Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product, or any pipe or vessel containing burning tobacco of any kind. (Winfield, Mission, Overland Park, Newton, Kansas City, Missouri, Derby) (weed is added Lawrence) Smoking means possession of a cigarette, cigar, or pipe partially or wholly consisting of, or containing burning vegetation, or possession of any other device containing burning vegetation into the human body. For the purpose of this definition, the term vegetation includes, but is not limited to, tobacco, but does not include any controlled substance listed in K.S.A. 65-4105 through K.S.A. 65-4113, inclusive, and amendments thereto. (Maize, Garden City)

x. Sports Arena means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. (Lawrence, Winfield, Maize, Overland Park, Mission, KC, Mo)

y. Wall means a side of a room, building or structure connecting the floor and ceiling or foundation and roof, including temporary, moveable, and retractable sides. (Maize)

Section 3. PROHIBITION OF SMOKING IN PUBLIC PLACES.

Smoking shall be prohibited in all enclosed public places within the City of Emporia, including, but not limited to, the following places:

a. elevators

b. restrooms, lobbies, reception areas, hallways, and any other common-use areas

c. buses, bus terminals, taxicabs, train stations, and other facilities and means of public transit under the authority of the City of Emporia, as well as ticket, boarding, and waiting areas of public transit depots

d. Service lines

e. retail stores

f. all areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including, but not limited to, offices, banks, laundromats, hotels, and motels

g. food service establishments and licensed premises, excluding areas of a food service establishment or licensed premises that are not enclosed such as patios, outdoor dining areas, and courtyards

h. galleries, libraries, museums, and grounds, aquariums, and education facilities

i. any facility which is primarily used for exhibiting any motion picture, stage, drams, lecture, musical recital or other similar performance, except that performers may smoke when the smoking is a part of a stage production

j. sports arenas and convention halls, including bowling facilities, (Lawrence)sports complexes, outdoor play facilities, outdoor play facilities and areas for children and football stadiums

k. every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the City of Emporia or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City of Emporia

l. Waiting rooms, hallways, wards and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices.

m. Lobbies, hallways, and other common areas in apartment buildings, condominiums, common areas in trailer parks (club houses, storm shelters), retirement facilities, nursing homes, and other multiple-unit residential facilities

n. Polling places

o. Private clubs and fraternal organization facilities

p. Outside of any of the above within (10, 20, or 30) feet of all entrances, exits, and ventilation system air intake mechanisms (Lawrence, Winfield all the above)

q. (Mission) any vehicle of public transportation including, but not limited to, buses, limousines for hire and taxicabs

r. Any health care facility, health clinics or ambulatory care facilities including, but not limited to, laboratories associated with the rendition of health care treatment, hospitals, nursing homes, doctors' offices and dentists' offices

s. Any indoor place of entertainment or recreation including, but not limited to, gymnasiums, theaters, concert halls, bingo halls, billiard halls, betting establishments, bowling alleys, arenas and swimming pools

t. Shopping malls

u. Sports arenas including enclosed places in outdoor arenas

v. bars

w. restaurants

x. convention facilities

y. all public areas and waiting rooms of public transportation facilities including, but not limited to, bus and airport facilities

z. any other area used by the public or serving as a place of work, including open office landscaping

aa. all enclosed facilities owned by the City

bb. rooms in which meeting or hearings open to the public are held, except where the rooms are in a private residence (Mission)

Section 4. PROHIBITION OF SMOKING IN OUTDOOR AREAS

Outdoor vendor areas, defined as anyplace which is within a radius of twenty(20) feet of any outdoor vendor where food or goods are being offered for sale to the public (Newton) (Overland Park, Winfield: 10 feet)

Smoking shall be prohibited in the following outdoor places:

1. Within a distance of twenty (20) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as ensure that tobacco smoke does not enter those areas

2. In outdoor seating or serving areas of restaurants and within twenty (20) feet thereof

3. In all outdoor areas, stadiums, and amphitheaters, except in designated smoking areas, which may be established only in perimeter areas at least twenty (20) feet from any seating areas or concessions stands. Smoking shall also be prohibited in, and within twenty (20) feet of, bleachers and grandstands for use by the spectators at sporting or other public events

4. in all public transit stations, platforms, and shelters under the authority of the City of Emporia (Mission, Derby)

Section 5. PROHIBITION OF SMOKING IN PLACES OF EMPLOYMENT

a. smoking shall be prohibited in all enclosed places of employment within the City of Emporia

b. It shall be the responsibility of employers to provide a smoke-free workplace for all employees

c. Each employer having any enclosed place of employment located within the City of Emporia shall adopt, implement, make known and maintain, a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities

d. The smoking policy shall be communicated to all employees within four (4) weeks of the adoption of this ordinance

e. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee (Lawrence, Derby, Maize, Mission, Overland Park, Winfield, Newton, KC, Mo)

f. Employers will post "no smoking" signs in compliance with section 8-906 of the Code of the City in Enclosed areas in Places of Employment (Maize)

g. It shall be unlawful to smoke in an Enclosed Area in a Place of Employment where a sign in compliance with section 8-906 of the Code of the City has been posted (Maize)

Section 6. ADDITIONAL DECLARATION OF NON-SMOKING ESTABLISHMENT

Notwithstanding any other provision of this Article, any owner, operator, manager or other person who controls any establishment described in this Article may declare that entire establishment as a non-smoking establishment. (Lawrence)

Section 7. APPLICATION OF ARTICLE TO CITY-OWNED FACILITIES

All enclosed facilities owned by the City of Emporia shall be non-smoking at all times notwithstanding other provisions of this Article (Lawrence)

It shall be unlawful to smoke on any property, in any facility or in any equipment owned and/or operated by the City. (Maize, Derby)

Section 8. WHERE SMOKING IS NOT REGULATED: PRIVATE AND PUBLIC PLACES

Not withstanding any other provision of this Article to the contrary, the following areas shall not be subject to the smoking restrictions of this Article:

1. Private residences, not serving as enclosed places of employment or an enclosed public place. (Winfield, Mission, Overland Park)

2. Private residences, except when used as a childcare, adult day care or health care facility. (Lawrence, Maize, Winfield)

3. An existing retail establishment whose primary business is the sale of tobacco products and new retail establishments whose primary business is the sale of tobacco products which are located in a stand-alone building not attached to or part of any building devoted to other uses. (Overland Park) retail tobacco stores (Lawrence, Maize)

4. Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while such places are being used for private functions except while contracted food or beverage service functions are taking place (including set-up, service and clean-up activities or when the room is used for exhibit activities (Lawrence, I don't understand this one)

5. Outdoor places of employment except those covered in section: (Maize) ADDITIONAL DECLARATION OF NON-SMOKING ESTABLISHMENT (Lawrence, Winfield)

6. Private places (Lawrence, Winfield, Maize)

Section 9. POSTING OF SIGNS

a. The owner, manager or other person having control of such building or other areas where smoking is prohibited by this Article shall have a conspicuously posted sign clearly stating that smoking is prohibited at each entrance and within the building or other areas where smoking is prohibited.

b. Such "No Smoking" signs shall have bold lettering of not less than one (1) inch in height. The international "No Smoking" symbol may also be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it). (Lawrence, Maize, Winfield)

Section 10. RESPONSIBILITIES OF PROPRIETORS, OWNERS AND MANAGERS

a. No person having control of a public place or place of employment shall not knowingly permit, cause, suffer or allow any person to violate the provisions of this ordinance in such place

b. Such persons shall take all reasonable steps necessary to prevent or stop smoking in violation of this ordinance by employees, patrons, and visitors, including, but not limited to:

1. posting no-smoking signs

2. removing all ashtrays

3. verbally asking a person who is illegally smoking to extinguish the smoking materials

4. refusing service to a person who is illegally smoking

5. verbally requesting that a person who is illegally smoking leave the premises

6. applying standard business procedures in the same manner as for violations of house rules or other local ordinances or state laws.

7. such communications, if directed to an employee, patron, visitor who is hard of hearing, may be written, in sign language or via any other effective means of communication. (Derby, Newton, Mission)

Section 11. PUBLIC HEALTH EDUCATION

a. The City may contract with a public agency to promote the purposes and requirements of this ordinance to the public affected by it, and guide owners, operators and managers in their compliance with it. Such promotion may include publication of a brochure for affected businesses and individuals explaining the provisions of this Article. (Lawrence, Derby, Maize)

b. A public agency may engage in a continuing education program to inform and to educate the public regarding the health consequences of smoking, including the adverse health consequences of people's exposure to secondhand smoke. (Overland Park)

Section 12. ENFORCEMENT

a. Notice of the provisions of this ordinance shall be given to each applicant for a City business, drinking establishment or other liquor license, or cereal malt beverage license. (Derby, KC,Mo, Winfield, Lawrence)

b. Any person may file/register a complaint with the city manager or his or her designated agent, to initiate enforcement of this ordinance. (Derby, Lawrence)

c. The Fire and Medical Chief or his or her designated agent shall be responsible for enforcing the provisions of this Article within the City. (Lawrence) Police Chief/Department or other City Officials (Winfield, Maize), Director of Health Department and his/her duly authorized representative (KC, Mo) City Manager (Mission, Overland Park,Derby), City Public Works Department, Fire/EMS Department, Police Department (Newton)

d. Any owner, manager, operator or employee of any establishment regulated by this Article shall be responsible for informing persons violating this Article of the provisions through appropriate signage. (Lawrence, Winfield)

e. The Fire Department, Police Department, or any designated department shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance of this Article

Section 13. NON-RETALIATION

No person or employer shall discharge, refuse to hire or in any manner retaliate against employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke free environment afforded by this Article. (Lawrence, Winfield, Derby, Newton)

Section 14. VIOLATIONS AND PENALITIES

a. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Article to fail to comply with all of its provisions.(Lawrence, Winfield, all other ordinances) It shall be unlawful for any person who owns, manages, operates or otherwise controls any Enclosed Area where smoking is prohibited under this Article to allow smoking to occur when such person (1) has knowledge that smoking is occurring and (2) acquiesces to the smoking. (Maize)

b. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Article.(all ordinances)

c. Any person who violates any provision of this Article by smoking in an area where smoking is prohibited shall be guilty of a public offense, punishable by a fine not exceeding fifty dollars ($50.00).(KC,Mo; Derby, Overland Park, Mission)

d. Any Person having control of any public place or place of employment who fails to comply with the provisions of this ordinance shall be guilty of a public offense punishable by:

1. A fine not exceeding one hundred dollars ($100.00) for the first violation.

2. A fine not exceeding two hundred dollars ($200.00) for a second violation within a one (1) year period of the first violation

3. A fine not exceeding five hundred dollars ($500.00) for a third or subsequent violation within a one (1) year period of the first violation.

e. Each day that any violation of this ordinance occurs shall constitute a separate offense.

f. For the purpose of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur.

g. In addition to the fines established by this section, violation of this ordinance by a person having control of a public place or place of employment shall be grounds for suspension or revocation of any permit or license issued for the premises on which the violation occurred(all ordinances on all above information except Lawrence on g.)

Section 15. OTHER APPLICABLE LAWS

This Article shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws. (all ordinances)

Section 16. SEVERABILITY

If any provision, clause, sentence or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable.(Lawrence, Winfield, Maize, Derby, Newton)

If any section, subsection, paragraph, sentence, clause or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. (Overland Park)

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