§ 14-14-909 - Incorporation by reference.
14-14-909. Incorporation by reference.
(a) For the purpose of this section, "code" means any published compilation of rules which has been prepared by various technical trade associations, model code organizations, federal agencies, or this state, or any agency thereof, and shall include specifically, but shall not be limited to, building codes, plumbing codes, electrical wiring codes, health or sanitation codes, together with any other code which embraces rules pertinent to a subject which is a proper local county affair.
(b) Any county quorum court may adopt or repeal an ordinance that incorporates by reference the provisions of any code, or portions of any code, or any amendment thereof, properly identified as to date and source, without setting forth the provisions of the code in full. Notice of the intent to adopt a code by reference shall be published after the second reading and prior to final adoption of the code. At least one (1) copy of the code, portion, or amendment which is incorporated or adopted by reference shall be filed in the office of the county clerk and there kept available for public use, inspection, and examination. The filing requirements prescribed in this subsection shall not be considered to be complied with unless the required copies of the codes, portion, amendment, or public record are filed with the county clerk for a period of thirty (30) days prior to final adoption of the ordinance which incorporates the code, portion, or amendment by reference.
(c) The quorum court may adopt or amend a code by reference by an emergency ordinance and without notice.
(d) The process for repealing an ordinance which adopted or amended a code by reference shall be the same as for repealing any other ordinance.
(e) Any ordinance adopting a code, portion, or amendment by reference shall state the penalty for violating the code, portion, or amendment, or any provision thereof, separately, and no part of any penalty shall be incorporated by reference.