City of Salina Code 1982
.
.
.
/ -
/
~
ORDINANCE NUMBER 82-8943
(Published in The Sal ina Journal
, 1982)
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF SALINA;
ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN; PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE; AND
PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED by the Governing Body of the City of Sal ina, Kansas:
Section I. That the Code of Ordinances, consisting of Chapters I to
42, each inclusive, and constituting a codification of the city's ordinances in
conformity with sections 12-3014 and 12-3015 of the Kansas Statutes Annotated,
is hereby adopted and enacted as the "Salina Code", which Code shall supersede
all general and permanent ordinances of the City adopted on or before May 3,
1982, to the extent provided in section 2 hereof.
Section 2. That all provisions of such Code shall be in full force
and effect from and after January I, 1983, and all ordinances of a general and
permanent nature of the City of Salina, adopted on final passage on or before
May 3, 1982, and not included in such Code or recognized and continued in force
by reference therein, are hereby repealed from and after the effective date of
such Code.
Section 3. That the repeal provided for in section 2 hereof shal I not
be construed to revive any ordinance or part thereof that has been repealed by a
subsequent ordinance which is repealed by this ordinance.
Section 4. That unless another penalty is expressly provided, a
violation of any provision of such Code, or any provision of any rule or
regulation adopted or issued pursuant thereto, shal I be punished by a fine of
not more than Five Hundred Dollars ($500.00), or by imprisonment for a period of
not exceeding six (6) months, or by both such fine and imprisonment, at the
discretion of the court, as provided in Section 1-10 of such Code.
Section 5. That any and al I additions and amendments to such Code,
when passed in such form as to indicate the intention of the City to make the
same a part of such Code, shal I be deemed to be incorporated in such Code, so
that reference to such Code shal I be understood and intended to include such
additions and amendments.
"
/
-.......
Section 6. That in case of the amendment of any section of such Code
for which a penalty is not provided, the general penalty, as provided in Section
4 of this ordinance and in Section 1-10 of such Code shall apply to the section
as amended, or in case such amendment contains provisions for which a penalty,
other than the aforementioned general penalty, is provided in another section in
the same chapter, the penalty so provided in such other section shall be held to
relate to the section so amended, unless such penalty is specifically repealed
therein.
Section 7. That any ordinance adopted after May 3, '982, which amends
or refers to ordinances which have been codified in such Code, shall be construed
as if they amend or refer to 1 ike provisions of such Code.
Section 8. That this ordinance and the Code adopted hereby, shall
become effective January 1, 1983.
Introduced: October 25, 1982
Passed: November 1, 1982
Keith G. Duckers, Mayor
(SEAL)
ATTEST:
D. L. Harrison, City Clerk
.
.
.
/ -
/
'\
ORDINANCE NUMBER 82-8943
(Pub! ished in The Sal ina Journal
, 1982)
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF SALINA;
ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN; PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE; AND
PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED by the Governing Body of the City of Sal ina, Kansas:
Section I. That the Code of Ordinances, consisting of Chapters I to
42, each inclusive, and constituting a codification of the city's ordinances in
conformity with sectionsl2-3014 and 12-3015 of the Kansas Statutes Annotated,
is hereby adopted and enacted as the "Sal ina Code", which Code shall supersede
all general and permanent ordinances of the City adopted on or before May 3,
1982, to the extent provided in section 2 hereof.
Section 2. That all provisions of such Code shall be in full force
and effect from and after January 1, 1983, and all ordinances of a general and
permanent nature of the City of Sal ina, adoPted on final passage on or before
May 3, 1982, and not included in such Code or recognized and continued in force
by reference therein, are hereby repealed from and after the effective date of
such Code.
Section 3. That the repeal provided for in section 2 hereof shall not
be construed to revive any ordinance or part thereof that has been repealed by a
subsequent ordinance which is repealed by this ordinance.
Section 4. That unless another penalty is expressly provided, a
violation of any provision of such Code, or any provision of any rule or
regulation adopted or issued pursuant thereto, shal I be punished by a fine of
not more than Five Hundred Dollars ($500.00), or by imprisonment for a period of
not exceeding six (6) months, or by both such fine and imprisonment, at the
discretion of the court, as provided in Section 1-10 of such Code.
Section 5. That any and al I additions and amendments to such Code,
when passed in such form as to indicate the intention of the City to make the
same a part of such Code, shal I be deemed to be incorporated in such Code, so
that reference to such Code shal I be understood and intended to include such
additions and amendments.
/
"
/
Section 6. That in case of the amendment of any section of such Code
for which a penalty is not provided, the general penalty, as provided in Section
4 of this ordinance and in Section 1-10 of such Code shall apply to the section
as amended, or in case such amendment contains provisions for which a penalty,
other than the aforementioned general penalty, is provided in another section in
the same chapter, the penalty so provided in such other section shall be held to
relate to the section so amended, unless such penalty is specifically repealed
therein.
Section 7. That any ordinance adopted after May 3, 1982, which amends
or refers to ordinances which have been codified in such Code, shall be construed
as if they amend or refer to like provisions of such Code.
Section 8. That this ordinance and the Code adopted hereby, shall
become effective January 1, 1983.
Introduced: October 25, 1982
Passed: November I, 1982
Keith G. Duckers, Mayor
(SEAL)
ATTEST:
D. L. Harrison, City Clerk
e
e
SALINA CO'DE
CITY OF
SALINA" KA,NSAS
e
Adopted, November 1, 1982
Effective, January 1, 1983
Published by Order of the Board of Commissioners
e
e
MUNICIPAL CODE CORPORATION
Tallahassee, Florida 1983
e
OFFICIALS
of the
e
CITY OF SALINA, KANSAS
AT THE TIME OF THIS CODIFICATION
Keith G. Duckers
Mayor
John F. Burgess
Karen M. Graves
Merle A. Hodges, M.D.
Charles B. Roth
Commissioners
e
Rufus L. Nye
City Manager
L. O. Bengtson
City Attorney
D. L. Harrison
City Clerk
-
e
iii
e
PREFACE
-
This Code constitutes a complete recodification of the ordinances of
the City of Salina of a general and permanent nature. As expressed in
the Adopting Ordinance, the Code supersedes all such ordinances not in-
cluded herein or recognized as continuing in force by reference thereto.
The chapters of the Code are arranged in alphabetical order and the
sections within each chapter are catchlined to facilitate usage. Source
materials used in the preparation of the Code were the 1966 Salina Code
as supplemented through January 7, 1980, and ordinances subsequently
adopted by the governing body. The source of each section is included in
the history note appearing in parentheses at the end thereof. The absence
of such a note indicates that the section is new and was adopted for the
first time with the adoption of the Code. By use of the Comparative
Tables appearing in the back of the volume, the reader can locate any
section of the 1966 Code and any subsequent ordinance included herein.
Footnotes which tie related sections of the Code together and which
refer to relevant provisions of the state law have been included. A table
listing the state law citations and setting forth their location within the
Code is included at the back of this volume.
e
Numbering System
The numbering system used in this Code is the same system used in
many state and local government codes. Each section number consists of
two component parts separated by a dash, the figure before the dash
representing the chapter number and the figure after the dash indi-
cating the position of the section within the chapter. Thus, the first
section of chapter 1 is numbered 1-1 and the third section of chapter
4 is 4-3. Under this system, each section is identified with its chapter,
and, at the same time, new sections or even whole chapters can be in-
serted in their proper places, simply by using the decimal system for
amendments. By way of illustration: If new material consisting of three
sections that would logically come between sections 3-2 and 3.3 is de-
sired to be added, such new sections would be numbered 3-2.1, 3-2.2 and
3-2.3, respectively. New chapters may be included in the same manner.
If the new material is to be included between chapters 12 and 13, it will
be designated as chapter 12.5. Care should be taken that the alpha-
betical arrangement of chapters is maintained when including new chap-
ters. New articles and new divisions may be included in the same way or,
in the case of articles, may be placed at the end of the chapter embracing
the subject, and, in the case of divisions, may be placed at the end of
the article embracing the subject, the next successive number being as-
signed to the article or division.
--
Index
e
The index has been prepared with the greatest of care. Each particular
item has been placed under several headings, some of the headings being
couched in lay phraseology, others in legal terminology and still others
v
in language generally used by government officials and employees. There
are numerous cross references within the index itself which stand as
guideposts to direct the user to the particular item in which he is in-
terested.
Looseleaf Supplements
A special feature of this Code is the looseleaf system of binding and
supplemental service, by which the Code will be kept up-to-date periodi-
cally. Upon the final passage of amendatory ordinances, they will be re-
printed. These new pages will be distributed to holders of copies of the
Code, with instructions for the manner of inserting the new pages and
deleting the obsolete pages. Each such amendment, when incorporated
into the Code, may be cited as a part thereof, as provided in Section 5
of the Adopting Ordinance.
The successful maintenance of this Code up-to~date at all times will
depend largely upon the holder of the volume. As revised sheets are
received it will then become the responsibility of the holder to have the
amendments inserted according to the attached instructions. It is strongly
recommended by the publishers that all such amendments be inserted
immediately upon receipt to avoid misplacing them and, in addition, that
all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
The publication of this Code was under the direct supervision of George
R. Langford, President, and Bill Carroll, Supervising Editor, of the
Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully
given to the other members of the publisher's staff for their sincere
interest and able assistance throughout the project.
The publishers are most grateful to the Assistant City Manager, Mr.
Bill Harris, the City Attorney, Mr. Larry Bengtson, and the City Clerk,
Mr. D. L. Harrison, for their cooperation and assistance during the
progress of the work on this Code. It is hoped that their efforts and
those of the publishers have resulted in a Code of Ordinances which will
make the active law of the City readily accessible to all citizens and which
will be a valuable tool in the day-to-day administration of the City's affairs.
1982
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
vi
e
ORDINANCE NUMBER 82-8943
(Published in The Salina Journal November 5,1982)
e
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR
THE CITY OF SALINA; ESTABLISHING THE SAME; PROVIDING
FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN; PROVIDING FOR THE MANNER OF AMENDING AND
SUPPLEMENTING SUCH CODE; AND PROVIDING WHEN SUCH
CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Code of Ordinances, consisting of Chapters 1 to
42, each inclusive, and constituting a codification of the city's ordinances
in conformity with sections 12-3014 and 12-3015 of the Kansas Statutes
Annotated, is hereby adopted and enacted as the "Salina Code", which
Code shall supersede all general and permanent ordinances of the City
adopted on or before May 3, 1982, to the extent provided in section 2
hereof.
Section 2. That all provisions of such Code shall be in full force and
effect from and after January 1, 1983, and all ordinances of a general
and permanent nature of the City of Salina, adopted on final passage on
or before May 3, 1982, and not included in such Code or recognized and
continued in force by reference therein, are hereby repealed from and
after the effective date of such Code.
Section 3. That the repeal provided for in section 2 hereof shall not
be construed to revive any ordinance or part thereof that has been re-
pealed by a subsequent ordinance which is repealed by this ordinance.
Section 4. That unless another penalty is expressly provided, a viola-
tion of any provision of such Code, or any provision of any rule or
regulation adopted or issued pursuant thereto, shall be punished by a
fine of not more than Five Hundred Dollars ($500.00), or by imprison-
ment for a period of not exceeding six (6) months, or by both such fine
and imprisonment, at the discretion of the court, as provided in section
1-10 'of such Code.
Section 5. That any and all additions and amendments to such Code,
when passed in such form as to indicate the intention of the City to
make the same a part of such Code, shall be df:emed to be incorporated
in such Code, so that reference to such Code shall be understood and
intended to include such additions and amendments.
Section 6. That in case of the amendment of any section of such Code
for which a penalty is not provided, the general penalty, as provided in
section 4 of this ordinance and in section 1-10 of such Code shall apply
to the section as amended, or in case such amendment contains provi-
sions for which a penalty, other than the aforementioned general pen-
alty, is provided in another section in the same chapter, the penalty so
provided in such other section shall be held to relate to the section so
amended, unless such penalty is specifically repealed therein.
e
e
e
vii
Sectim 7. That any ordinance adopted after May 3, 1982, which
amends or refers to ordinances which have been codified in such Code,
shall be construed as if they amend or refer to like provisions of such
Code.
Section 8. That this ordinance and the Code adopted hereby, shall
become effective January 1, 1983.
Introduced: October 25, 1982
Passed: November 1, 1982
Keith G. Duckers
Mayor
(SEAL)
ATTEST:
D. L. Harrison
City Clerk
STATE OF KANSAS )
) SS
COUNTY OF SALINE)
I, D. L. Harrison, City Clerk of the City of Salina, Kansas, do hereby
certify that Ordinance Number 82-8943, was adopted by the Board of
Commissioners at a Regular Meeting on November 1, 1982, and that
the above and foregoing is a true and correct copy of the original on
file in my office.
D. L. Harrison
City Clerk
viii
e
TABLE OF CONTENTS
Page
Officials of City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hi
e
Preface ..................................................... v
Adopting Ordinance .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
CODE
-
Chapter
1. General Provisions ...................................... 1
2. Administration.......................................... 55
Art. I. In General ................................... 55
Art. II. Board of Commissioners (Reserved) ........... 56
Art. III. City Manager ........... . . . . . . . . . . . . . . . . . . . . 56
Art. IV. Officers and Employees Generally. . . . . .. ., . ... 56
Div. 1. Generally................................ 56
Div. 2. Bonds. . . .. .. . . . . .. . . . . . . . . .. . . . . .. .. .. .. 56
Div. 3. Indemnification for Liability .............. 58
Art. V. Administrative Departments ................... 58
Div. 1. Generally ............................... 58
Div. 2. Department of Law ...................... 59
Div. 3. Department of Public Health. . . . . . . . . .. .. . 59
Art. VI. Boards and Commissions .................... 59
Div. 1. Generally ............................... 59
Div. 2. Arts Commission ........................ 59
Art. VII. Investment of Temporary Idle Funds ......... 60
3. Advertising............................................. 111
4. Airport................................................. 163
Art. 1. In General ................................... 163
Art. II. Airport Authority .., . . . . . . . . . . . . . . . . . . . . . . . . . 163
Art. III. Airport Zoning Commission .................. 163
Art. IV. Airport Zoning ............................. 164
5. Alcoholic Beverages ..................................... 219
Art. I. In General ................................... 219
Art. II. Alcoholic Liquor ............................. 219
Div. 1. Generally ............................... 219
Div. 2. Retailer's License ........................ 222
Div. 3. Distributor's License ..................... 223
Art. III. Cereal Malt Beverages ...................... 224
Div. 1. Generally ............................... 224
Div. 2. Retailer's License ........................ 227
Art. IV. Private Clubs .............................. 230
Div. 1. Generally ............................... 230
Div. 2. License ................................. 233
e
e
ix
SALINA CODE
Chapter Page
6. Amusements and Entertainment .......................... 287
Art. I. In General ................................... 287
Art. II. Carnivals, Circuses and Tent Shows ............ 287
Div. 1. Generally ............................... 287
Div. 2. License ................................. 288
Art. III. Public Dances .............................. 289
Div. 1. Generally ............................... 289
Div. 2. License ................................. 289
Art. IV. Entertainment in Food Establishments ........ 290
Div. 1. Generally ............................... 2.90
Div. 2. License ................................. 290
Art. V. Arcades ..................................... 291
Div. 1. Generally ............................... 291
Div. 2. License ................................. 291
Art. VI. Music Machines ............................. 292
Div. 1. Generally ............................... 292
Div. 2. License ................................. 292
Art. VII. Billiards and Pool Tables .................... 292
Div. 1. Generally ...........................,... 292
Div. 2. License ................................. 293
7. Animals................................................ 345
Art. I. In General ................................... 345
Art. II. Administration and Enforcement .............. 348
Art. III. Restrictions on Owning Animals .............. 349
Art. IV. Responsibilities of Persons Owning Animals .... 351
Art. V. Animal Protection Responsibility of All Persons.. 353
Art. VI. Registration of Cats and Dogs ................ 354
Art. VII. Licensing of Commercial Animal Establishments 356
Art. VIII. Impoundment, Recovery and Adoption of Ani-
mals at Animal Shelter. . . . . . . . . . . . . . . .. . . .. 357
7.5. Auctions and Auctioneers ................................ 409
8. Buildings and Structural Appurtenances ............. ~. . . .. 459
Art. 1. In General ................................... 459
Art. II. Building Code Advisory Board ................ 460
Art. III. Building Code .............................. 460
Art. IV. One and Two Family Dwelling Code. . . . . . . . . .. 461
Art. V. Electrical Code .............................. 461
Div. 1. Generally................................ 461
Div. 2. Administration and Enforcement .......... 462
Subdiv. 1. In General. . . . . . . . . . . . . . . . . . . . . . .462
Subdiv. II. Electrical Board of Examiners .. 463
Div. 3. Electrical Contractors .................... 464
Div. 4. Electrical Mechanics ..................... 465
Div. 5. Permits and Inspections .................. 468
x
e
TABLE OF CONTENTS-Cont'd.
Chapter
Page
e
Art. VI. Plumbing Code ............................. 470
Div. 1. Generally ............................... 470
Div. 2. Plumbers ............................... 472
Div. 3. Appeals ................................. 475
Art. VII. Gas Code.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 475
Div. 1. Generally ............................... 475
Div. 2. Gas Fitters . . . . . . . . . . . . . . . . . . . . . . . . . . .. 475
Art. VIII. Mechanical Code ........................... 477
Div. 1. Generally ............................... 477
Div. 2. Mechanical Contractors ................... 477
Div. 3. Permits and Inspections .................. 478
Art. IX. Code for Abatement of Dangerous Buildings. . .. 478
Art. X. Demolition, Removal or Relocation of Buildings.. 479
Div. 1. Generally ............................... 479
Div. 2. Permit.................................. 479
Art. XI. Sign Code .................................. 480
Art. XII. Fences, Walls and Hedges. . . .. . . . . . . .. .. .. ... 481
Art. XIII. Elevators and Elevator Installation .......... 484
Div. 1. Generally ........... '. . . . . . . . . . . . . . . . . . .. 484
Div. 2. Elevator Contractors . . . . . . . . . . . . . . . . . . . . .. 484
Div. 3. Permits and Inspections. . . . . . . . . . . . . . . . . .. 485
Art. XIV. Private Swimming Pools (Reserved) ......... 485
Art. XV. Sandblasting ............................... 485
Div. 1. Generally ............................... 485
Div. 2. Permit .................................. 486
e
9. Cemeteries ............................................. 537
10. Civil Emergencies and Disasters .......................... 587
Art. I. In General ................................... 587
Art. II. City-County Emergency Preparedness Board. . . . . 587
Art. III. Emergency Proclamation ......... . . . . . . . . . . .. 589
11. Economic Development (Reserved) ........................ 641
12. Elections ............................................... 741
-
13. Equal Opportunity and Affirmative Action. . . . . . . . . . . . . . . .. 791
Art. I. In General ................................... 791
Art. II. Human Relations Commission ................. 794
Art. III. Unlawful Practices .......................... 796
Art. IV. Public Contracts ............................ 798
Art. V. Procedures for Filing and Processing Complaints 799
Art. VI. The Organizational Structure and Responsibili-
ties for Carrying Out the City's Commitment to
the Principle of Nondiscrimination in City Em-
ployment ................................... 801
e
xi
SALINA CODE
Chapter Page
14. Fire Prevention and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . .. 853
Art. 1. In General ................................... 853
Art. II. Firemen's Relief Association .................. 854
Art. III. Fire Prevention Code ........................ 855
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 855
Div. 2. Fireworks ............................... 856
Div. 3. Liquefied Petroleum Gases ................ 857
Div. 4. Miscellaneous Hazards .................... 857
15. Flood Prevention and Control ........... . . . . . . . . . . . . . . . . .. 909
Art. I. In General ................................... 909
Art. II. Flood Protection Works ....................... 909
16. Food and Food Handlers (Reserved) ...................... 961
17. Health and Sanitation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1061
Art. 1. In General ................................... 1061
Art. II. City-County Board of Health .................. 1061
18. Housing................................................ 1113
Art. I. In General ................................... 1113
Art. II. Administration and Enforcement .............. 1115
Div. 1. Generally ............................... 1115
Div. 2. Appeals ................................. 1119
Art. III. Use and Occupancy Regulations ............... 1122
19. Library ................................................ 1175
Art. I. In General ................................... 1175
Art. II. Library Board ............................... 1175
20. Licenses................................................ 1229
21. Minors................................................. 1283
Art. 1. In General ................................... 1283
Art. II. Curfew ..................................... 1283
22. Mobile Homes and Trailers ......... . . . . . . . . . . . . . . . . . . . . .. 1333
Art. 1. In General ................................... 1333
Art. II. General Regulations Applicable to All Existing and
Future Mobile Homes and Mobile Home Owners.. 1334
Art. III. New Parks or Park Expansions .............. 1337
Art. IV. Mobile Home Contractors and Craftsmen ...... 1338
Div. 1. Generally ............................... 1338
Div. 2. Permits and Inspections .................. 1341
23. Municipal Court ........................... . . . . . . . . . . . . .. 1391
Art.!. In General ................................... 1391
Art. II. Bondsmen ................................... 1391
Div. 1. Generally ............................... 1391
Div. 2. License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1392
xii
TABLE OF CONTENTS-Cont'd.
e
Chapter
24. Nuisances
Page
.............................................. .
1445
e
25. Offenses, Miscellaneous Provisions. . . . . . . . . . . . . . . . . . . . . . . .. 1497
Art. I. In General ................................... 1497
Art. II. Offenses Affecting Governmental Functions ..... 1498
Art. III. Offenses Against the Person . . . . . . . . . . . . . . . . ., 1499
Art. IV. Offenses Against Property. .... . . . . . . . ., .. .. . .. 1500
Art. V. Offenses Against the Public Peace. . . . . . . . . . . . .. 1502
Art. VI. Offenses Against Public Safety . . . . . . . . . . . . . . .. 1502
Div. 1. Generally................................ 1502
Div. 2. Weapons ................................ 1503
Art. VII. Offenses Against Public Morals . . . . . . . . . . . . . .. 1504
Div. 1. Generally ............................... 1504
Div. 2. Sex Offenses ............................ 1504
Div. 3. Obscene Material ......................... 1505
Div. 4. Gambling ............................... 1506
26. Oil and Gas ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1559
Art. I. In General ................................... 1559
Art. II. Permit ...................................... 1559
e
27. Parks and Recreation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. 1611
Art. I. In General ................................... 1611
Art. II. Park Regulations ............................ 1611
28. Peddlers and Solicitors ................................... 1661
29. Planning ............................................... 1711
Art. I. In General ................................... 1711
Art. II. City Planning Commission.................... 1711
Art. III. North Central Regional Planning Commission .. 1712
30. Police.................................................. 1763
Art. I. In General ................................... 1763
Art. II. Merchant or Private Policeman. . . . . . . . . . . . . . .. 1763
Div. 1. Generally ............................... 1763
Div. 2. License and Permit ...................... 1765
31. Public Utilities .......................................... 1817
32. Sales................................................... 1869
Art. I. In General ................................... 1869
Art. II. Going Out of Business Sales .................. 1869
Div. 1. Generally ............................... 1869
Div. 2. License ................................. 1869
-
33. Secondhand Goods........................... ........... 1921
Art. I. In General ................................... 1921
Art. II. Pawnbrokers, Secondhand Dealers and Precious
Metal Dealers ................................ 1921
e
xiii
SALINA CODE
Chapter
Page
Art. III. 'Junk and Junk Dealers ...................... 1922
Div. 1. Generally ............................... 1922
Div. 2. License ................................. 1923
34. Solid Waste ............................................ 1975
Art. I. In General ................................... 1975
Art. II. Refuse and Sanitation ........................ 1975
Art. III. Private Haulers ............................. 1978
Div. 1. Generally ............................... 1978
Div. 2. License ................................. 1979
Art. IV. Solid Waste Disposal Area . . . . . . . . . . . . . . . . . . .. 1980
35. Streets, Sidewalks and Other Public Places. . . . . . . . . . . . . . . . .. 2031
Art. I. In General ................................... 2031
Art. II. Bench Marks ................................ 2032
Art. III. Obstructions and Encroachments .............. 2033
Div. 1. Generally ............................... 2033
Div. 2. Obstructing Visibility at Intersections ...... 2034
Art. IV. Moving Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2035
Div. 1. Generally................................ 2035
Div. 2. Permit .................................. 2038
Art. V. Numbering Buildings. . . . . . . . . . . . . . . . . . . . . . . .. 2039
Art. VI. Driveways and Sidewalks. . . . . . . . . . . . . . . . . . . .. 2040
Div. 1. Generally................................ 2040
Div. 2. Permit .................................. 2043
Art. VII. Service Pipes and Sewers Ahead of Paving. .. " 2044
Art. VIII. Excavations ............................... 2045
Art. IX. Railroad Crossings .......................... 2048
Art. X. Snow and Ice on Sidewalks .................... 2048
36. Subdivision Regulations .................................. 2099
Art. I. In General ................................... 2099
Art. II. Application Procedure and Approval Process .... 2106
Div. 1. Generally ............................... 2106
Div. 2. Preliminary Plat ......................... 2108
Div. 3. Final Plat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2109
Art. III. Requirements for Improvements, Reservations
and Design ................................. 2110
Art. IV., Specifications for Documents to be Submitted . .. 2117
37. Taxation ............................................... 2173
Art. I. In General ................................... 2173
Art. II. Transient Guest Tax . . . . . . . . . . . . . . . . . . . . . . . . .. 2173
38. Traffic and Motor Vehicles ............................... 2223
Art. I. In General ................................... 2223
Art. II. Miscellaneous Rules .......................... 2224
xiv
e
TABLE OF CONTENTS-Cont'd.
Chapter
e
Page
Art. III. Stopping, Standing and Parking .............. 2225
Div. 1. Generally ............................... 2225
Div. 2. Parking ~eters .......................... 2227
Div. 3. Inoperable Vehicles ....................... 2230
Art. IV. Parades and Processions. . . . . . . . . . . . . . . . . . . . .. 2232
Art. V. Trains and Railroads. . . . . . . . . . . . . . . . . . . . . . . . .. 2232
Art. VI. Size, Weight and Load. . . . . . . . . .. . . . . . . . . . . .. 2233
Art. VII. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2236
39. Trees and Shrubs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2287
Art. I. In General ................................... 2287
Art. II. Trimmers and Treaters ....................... 2289
Div. 1. Generally ............................... 2289
Div. 2. License ................................. 2289
Art. III. Diseased Trees and Shrubs. . . . . . . . . . . . . . . . . . .. 2290
40. Vehicles For Hire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2341
Art. I. In General ................................... 2341
Art. II. Freight Vehicles ............................. 2341
Div. 1. Generally ............................... 2341
Div. 2. License ................................. 2342
Art. III. Taxicabs ................................... 2342
Div. 1. Generally ............................... 2342
Div. 2. Business License ......................... 2346
Div. 3. Driver's License ......................... 2350
41. Water and Sewers ....................................... 2403
Art. I. In General ................................... 2403
Art. II. Water ...................................... 2404
Div. 1. Generally ............................... 2404
Div. 2. Water Conservation ...................... 2408
Art., III. Sewers .................................... 2410
Art. IV. Rates and Charges. . . . . . . . . . . . . . .. . . . . . . . . . .. 2411
e
-
42. Zoning Regulations ...................................... 2463
Art. I. In General ................................... 2464
Art. II. Amendments ................................ 2465
Art. III. Districts, ~aps and Boundaries ............... 2468
Art. IV. General Use Regulations ..................... 2469
Art. V. General Bulk Regulations. . . . . . . . . . . . . . . . . . . .. 2473
Art. VI. District Regulations. . . . . . . . . . . . . . . . . . . . . . . . .. 2474
Div. 1. Generally .............................. 2474
Div. 2. A-1 Agricultural District. . . . . . . . . . . . . . . .. 2474
Div. 3. RS Single-Family Residential Suburban Dis-
trict ................................... 2476
Div. 4. R Single-Family Residential District. . . . . .. 2477
Div. 5. R-1 Single-Family Residential District. . . .. 2479
Div. 6. R-2 Multiple-Family Residential District. .. 2481
Div. 7. R-2.5 Multiple-Family Residential District.. 2482
e
xv
SALINA CODE
Chapter
Page
Div. 8. R-3 Multiple-Family Residential District. " 2484
Div. 9. MH Mobile Home Park District. . . .. .... .. 2486
Div. 10. U University District ................... 2491
Div. 11. C-l Restricted Business District .......... 2492
Div. 12. C-2 Neighborhood Shopping District. .. ... 2494
Div. 13. C-3 Shopping Center District. . . . . . . . . .. .. 2496
Div. 14. C-4 Central Business District. . . . . . . . . . . .. 2498
Div. 15. C-5 Service Commercial District .......... 2501
Div. 16. C-6 Heavy Commercial District. .. .. .. .. .. 2503
Div. 17. 1-1 Industrial Park District .............. 2506
Div. 18. 1-2 Light Industrial District. . . . . . . . . . . . .. 2510
Div. 19. 1-3 Heavy Industrial District ............. 2513
Art. VII. Planned Development Districts ............... 2516
Art. VIII. Flood Plain Zoning District ......... . . . . . . " 2524
Art. IX. Heritage Conservation District . . . . . . . . . . . . . . .. 2528
Div. 1. Generally ............................... 2528
Div. 2. Heritage Commission ..................... 2531
Art. X. Signs ....................................... 2532
Div. 1. Generally................................ 2532
Div. 2. District Regulations ...................... 2535
Art. XI. Off-Street Parking and Loading. . . . . . . . . .. .. .. 2539
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2539
Div. 2. Off-Street Parking. . . . . . . . . . . . . . . . . . . . . . .. 2539
Div. 3. Off-Street Loading ...................... 2543
Art. XII. Nonconforming Uses, Bulk and Signs. . . .. . . ... 2544
Art. XIII. Administrative Provisions. . . . . . . . . . . . . . . . . .. 2548
Art. XIV. Definitions ................................ 2553
Appendix
A. Charter Ordinances .................................... 2869
No. 1. Limitation on Tax Levies. . . . . . . .. . . . . . . . . . . . .. 2869
No.2. Urban Renewal .............................. 2869
No.3. Limitation on Tax Levies . . . . . . . . . . . . . . . . . . . . .. 2871
No.4. Longevity Pay for Fire Department ............ 2871
No.5. Payment Upon Retirement to Certain Members of
the Police and Fire Departments ............... 2871
No.6. Contributions by Officers and Members of the Fire
and Police Departments for Retirement Systems .. 2872
No.7. Investment of Money for Policemen's and Fire-
men's Pension Funds . . . . . . . . . . . . . . . . . . . . . . . . .. 2872
NO.8. Band . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2872
No.9. Limitation on Tax Levies. . . . . . . . . . . . . . . . . . . ... 2872
No. 10. Cereal Malt Beverage Licenses. . . . . .. . . . . . . . . ... 2873
No. 11. Licensing of Pawnbrokers. . . .. . . . . .. . . ., .. .. .. 2874
No. 12. Licensing of Pawnbrokers. . . . . . . .. . . .. . . ., .. .. 2875
No. 13. General Improvements. . . . . . . . . . . . . . . . . . . . . . .. 2875
No. 14. Consumption of Alcoholic Liquor in Public Places 2876
xvi
15. Payment Upon Retirement to Certain Members of
the Police and Fire Departments ................ 2877
No. 16. Special Fund for Paying Utility Costs and Em-
ployee Benefits .............................. 2877
No. 17. Special Fund for Paying Utility Costs and Em-
ployee Benefits .............................. 2877
No. 18. Municipal Court Costs and Fees. .. .. .. .. .. . . .., 2879
No. 19. Licensing of Pawnbrokers and Precious Metal
Dealers ..................................... 2880
No. 20. Fixed Asset Records for Buildings and Land. . .. 2881
B. Franchises ............................................ 2981
Art. I. Kansas Power and Light Company-Electric Fran-
chise ........................................ 2981
Art. II. Kansas Power and Light Company-Natural Gas
Franchise ................................... 2982
Art. III. Salina Cable T.V. System .................... 2983
Art. IV. Southwestern Bell Telephone Company ........ 2987
Code Comparative Table-1966 Code ........................... 3489
Code Comparative Table-Ordinances .......................... 3495
3547
3577
e
TABLE OF CONTENTS-Cont'd.
Appendix
No.
e
e
Statutory Reference Table ....................................
Code Index ..................................................
e
e
xvii
Page
e
e
e
-
e
CODE
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
The chapters, articles and sections herein shall
constitute and be designated as the "Salina Code,"
and may be so cited or may be cited "S. C." (Code
1966, ~ 1-1)
State law reference-Compilation, revision and codifica-
tion of ordinances, K.S.A. 12-3014-12-3016.
Sec. 1-2. Definitions and rules of construction.
In the construction of this Code and of all ordi-
nances, the following definitions and rules of con-
struction shall be observed, unless they are in-
consistent with the manifest intent of the board
of commissioners or the context clearly requires
otherwise:
(1) Board of commissioners; city commission;
commission. The phrases "board of commis-
sioners," "city commission," or "commis-
sion" mean the Board of Commissioners of
the City of Salina, Kansas.
(2) Bond. When a bond is required, an under-
taking in writing shall be sufficient.
(3) City. The words "the city" mean the City
of Salina, in the County of Saline, State of
Kansas.
(4) Computation of time. The time within which
an act is to be done shall be computed by
excluding the first and including the last
day; but if the last day is Sunday, that day
shall be excluded.
(5) County. The words "the county" mean the
County of Saline, State of Kansas.
(6) Delegation of authority. Whenever a provi-
sion appears requiring or authorizing the
head of a department or other officer of the
city to do some act or perform some duty, it
shall be construed to authorize such depart-
ment head or officer to designate, delegate
and authorize subordinates to do the required
act or perform the required duty unless the
terms of the provision designates otherwise.
(7) Gender. Words importing the masculine gen-
der include the feminine and neuter.
(8) In the city. The words "in the city" mean
and include any territory within the corpo-
rate limits of the City of Salina, Kansas,
and the police jurisdiction thereof, and any
other territory over which regulatory power
has been conferred on the city by law, ex-
cept as otherwise specified.
(9) Joint authority. All words giving a joint
authority to three (3) or more persons or
officers shall be construed as giving such
authority to a majority of such persons or
officers.
(10) KS.A. The abbreviation "KS.A." shall mean
the Kansas Statutes annotated, as amended.
(11) Number. Words used in the singular include
the plural and words used in the plural
include the singular.
(12) Oath. The word "oath" includes an affir-
mation in all cases in which, by law, an
affirmation may be substituted for an oath,
and in such cases the words "swear" and
"sworn" are equivalent to the words "af-
firm" and "affirmed."
(13) Officer, department, board, commission or
other agency. Reference to any officer, de-
partment, board, commission or other agen-
cy, shall be construed as if followed by the
words "of the City of Salina, Kansas," un-
less otherwise provided. Such references shall
also include any duly authorized repre-
sentative.
(14) Or, and. The word "or" may be read as
"and" and the word "and" as "or," where
the sense requires it.
1
~ 1-2
SALINA CODE
(15) Owner. The word "owner" applied to a build-
ing or land, shall include not only the owner
ofthe whole, but any part owner, joint owner,
tenant in common or joint tenant of the
whole or a part of such building or land.
(16) Person. The word "person" includes a firm,
partnership, association of persons, corpo-
ration, organization or any other group act-
ing as a unit, as well as an individual.
(17) Personal property. The words "personal prop-
erty" include every species of property, ex-
cept real property.
(18) Preceding, following. The words "preceding"
and "following" means next before and next
after, respectively.
(19) Property. The word "property" includes real,
personal and mixed property.
(20) Real property. The words "real property"
include lands, tenements and hereditaments.
(21) Sidewalk. The word "sidewalk" means any
portion of a street between the curb line
and the adjacent property line intended for
the use of pedestrians.
(22) State. The words "the state" mean the State
of Kansas.
(23) Street The word "street" means and includes
public streets, avenues, boulevards, high-
ways, roads, alleys, lanes, viaducts, brid-
ges and the approaches thereto and all other
public thoroughfares in the city.
(24) Tenant, occupant. The words "tenant" and
"occupant" applied to a building or land,
mean any person who occupies the whole
or a part of such building or land, whether
alone or with others.
(25) Writing, written. The words "writing" and
"written" include typewriting, printing on
paper and any other mode of representing
words and letters. (Code 1966, ~ 1-2)
State law reference-Rules of statutory construction, K.S.A.
77 -201.
Sec. 1-3. Parenthetical and reference matter.
The matter in parentheses at the ends of sec-
tions is for information only and is not a part of
the Code. Citations to the 1966 Code (Code 1966)
and to later ordinances indicate only the source
and the text mayor may not be changed by this
Code. This Code is a new enactment under the
provisions of K.S.A. 12-3014 and 12-3015. Refer-
ence matter not in parentheses is for information
only and is not a part of this Code. (Code 1966, ~
1-3)
Sec. 1-4. Catchlines of sections.
The catchlines or headings of the sections of
this Code printed in boldface type are intended as
mere words to indicate the .contents of the sec-
tions and shall not be deemed or taken to be titles
of such sections, nor as any part of any section,
nor, unless expressly so provided, shall they be so
deemed when any section, including its catchline,
is amended or reenacted. (Code 1966, ~ 1-4)
Sec. 1-5. Certain provisions saved from repeal.
Nothing in this Code or the ordinance adopting
this Code, shall repeal any of the following when
not inconsistent with this Code:
(1) Any offense or act committed or done or
any penalty or forfeiture incurred or any
contract or right established or accruing
before the effective date of this Code;
(2) Any ordinance promising or guaranteeing
the payment of money by or for the city, or
authorizing the issuance of any bonds, notes
or other evidence of the city's indebtedness,
or the cancellation of same;
(3) Any contract or obligation of the city;
(4) Any ordinance relating to the purchase,
condemnation, acquisition or dedication of
property for public use;
(5) Any ordinance dedicating, establishing, open-
ing, reopening, naming, renaming, widen-
ing, narrowing or vacating any street, bou-
levard, avenue, alley, or other public way,
including rights-of-way;
(6) Any ordinance establishing or changing the
grade of any street, avenue, boulevard or
other public way;
(7) Any ordinance authorizing, directing or oth-
erwise relating to any public improvement;
2
e
e
e
-
e
GENERAL PROVISIONS
(8) Any ordinance creating districts for public
improvements of any kind or nature;
(9) Any ordinance establishing or changing the
limits of the city or pertaining to annexa-
tions, additions or exclusions;
(10) Any appropriation ordinance or ordinance
relating to the transfer of funds;
(11) Any ordinance levying general or special
taxes or special assessments;
(12) Any ordinance granting any right, privi-
lege, easement or franchise to any person;
(13) Ordinances prescribing traffic regulations
for specific streets or areas, such as, but
not limited to ordinances designating one-
way streets, through streets, stop intersec-
tions or intersections where traffic is to be
controlled by signals and ordinances pro-
hibiting, restricting, limiting or otherwise
regulating the stopping, standing or park-
ing of vehicles on specific streets or in spe-
cific areas;
(14) Ordinances creating positions or offices and
prescribing salaries;
(15) Charter ordinances;
(16) Any ordinance approving, dedicating, accept-
ing, designating, redesignating or vacating
any plat;
(17) Ordinances amending the zoning map or
zoning or rezoning specific property;
(18) Any joint city-county resolution or ordinance;
and all such provisions shall remain in effect as if
set out herein. (Ord. No. 6944, ~ 3, 11-21-66)
Sec. 1-6. Amendments to Code; effect of new
ordinances; amendatory language.
(a) All ordinances passed subsequent to this
Code which amend, repeal or in any way affect
this Code, may be numbered in accordance with
the numbering system of this Code and printed
for inclusion herein. In the case of repealed chap-
ters, sections or subsections or any part thereof,
by subsequent ordinances, such repealed portions
may be excluded from the Code by omission from
reprinted pages affected thereby. The subsequent
~ 1-9
ordinances as numbered and printed or omitted,
in the case of repeal, shall be prima facie evi-
dence of such subsequent ordinances until such
time that this Code and subsequent ordinances
numbered or omitted are readopted as a new Code
of Ordinances.
(b) Amendments to any of the provisions of this
Code shall be made by amending such provisions
by specific reference to the section number of this
Code in the following language: "That section
of the Salina Code, is hereby
amended to read as follows: . . ." The new provi-
sions shall then be set out in full.
(c) If a new section not heretofore existing in
the code is to be added, the following language
shall be used: "That the Salina Code is hereby
amended by adding a section (or article or chap-
ter) to be numbered , which sec-
tion (or article or chapter) reads as follows: . . ."
The new provisions shall then be set out in full.
(d) All sections, articles, chapters or provisions
desired to be repealed must be specifically repealed
by section, article or chapter number, as the case
may be. (Code 1966, ~ 1-5)
Sec. 1-7. Effect of repeal of ordinances.
(a) The repeal of an ordinance shall not revive
any ordinances in force before or at the time the
ordinance repealed took effect.
(b) The repeal of an ordinance shall not affect
any punishment or penalty incurred before the
repeal took effect, nor any suit, prosecution or
proceeding pending at the time of the repeal, for
an offense committed under the ordinance repealed.
(Code 1966, ~ 1-6)
Sec. 1-8. Conflict of ordinances.
In any case where a provision of this Code is
found to be in conflict with a provision of any
other provision of this Code, the provision which
establishes the higher standard for the promotion
and protection of the health and safety of the
people shall prevail.
Sec. 1-9. Altering Code.
It shall be unlawful for any person to change or
amend by additions or deletions, any part or por-
3
~ 1 ,J
SALINA CODE
tion of this Code, or to insert or delete pages, or
portions thereof, or to alter or tamper with such
Code in any manner whatsoever which will cause
the law of the city to be misrepresented thereby.
(Code 1966, * 1-7)
State law reference-Altering a legislative document, K.S.A.
21-3713.
Sec. 1-10. General penalty; continuing vio-
lations.
Wherever in this Code, any act is prohibited or
is declared to be unlawful or a misdemeanor or
the doing of any act is required, or the failure to
do any act is declared to be unlawful, and no
specific penalty is prescribed or no general pen-
alty to an article or chapter is prescribed, the
violation of any such provision of this Code shall
be punished by a fine of not more than five hun-
dred dollars ($500.00), or by imprisonment for a
period of not exceeding six (6) months, or by both
such fine and imprisonment, at the discretion of
the court. Each day any violation of this Code
continues shall constitute a separate offense. (Code
1966, * 1-8)
Sec. 1-11. Severability.
If for any reason any chapter, article, section,
subsection, sentence, clause or phrase of this Code
or the application thereof to any person or cir-
cumstances, is declared to be unconstitutional or
invalid or unenforceable, such decision shall not
affect the validity of the remaining portions of
this Code. (Code 1966, * 1-9)
Sec. 1-12. Police power extended to city
property.
The police power of the city is hereby extended
to include all lands or property owned or leased
by the city or any agency of the city and the
general ordinances of the city shall be applicable
on such property. (Code 1966, * 1-10)
Sec. 1-13. Fee for permits when not obtained
in time. .
Where any permit is required by this Code as a
condition precedent to doing any work or begin-
ning any undertaking, and such work or under-
taking is begun prior to obtaining the permit, the
permit fee shall be doubled; provided, that the
payment of such double fee shall not relieve any
person from complying in full with the require-
ments of this Code, nor shall it bar criminal pros-
ecution. (Code 1966, * 1-11)
Sec. 1-14. Holidays.
The legal holidays to be observed by the city
shall be those which have been designated by the
State Legislature of Kansas in K.S.A. 35-107 as
legal public holidays. (Code 1966, * 2-58)
[The next page is 55]
4
e
e
e
-
e
ADMINISTRATION*
Chapter 2
Art. I. In General, ~~ 2-1-2-20
Art. II. Board of Commissioners (Reserved), n 2-21-2-35
Art. III. City Manager, n 2-36-2-50
Art. IV. Officers and Employees Generally, n 2-51-2-95
Div. 1. Generally, ** 2-51-2-60
Diy. 2. Bonds, ** 2-61-2-75
Diy. 3. Indemnification for Liability, ** 2-76-2-95
Art. V. Administrative Departments, ~~ 2-96-2-135
Diy. 1. Generally, ** 2-96-2-105
Diy. 2. Department of Law, ** 2-106-2-120
Diy. 3. Department of Public Health, ** 2-121-2-135
Art. VI. Boards and Commissions, ~~ 2-136-2-160
Div. 1. Generally, ** 2-136-2-143
Div. 2. Arts Commission, ** 2-144-2-160
Art. VII. Investment of Temporary Idle Funds, ~~ 2-161, 2-162
ARTICLE I. IN GENERAL
Sec. 2-1. Seal described.
The seal of the city shall be as herein described:
Two (2) centric circles between which are the words
"Seal of the City of Salina, Kansas," and within
the inner circle of which are the word "Organ-
ized" and the numeral "1870." (Code 1966, ~ 2-1)
State law references-Authority to have, use and alter a
seal, K.S.A. 12-101; city clerk is keeper of the corporate seal,
K.S.A. 13-2106.
Sec. 2-2. License fees, permit fees and other
user related fees.
(a) The board of commissioners shall determine,
by resolution, all license fees, permit fees and
other user related fees or charges established by
the ordinances of the city. All fees and charges
shall be in such amounts as will adequately re-
imburse the city for the services rendered by it in
connection therewith.
(b) The city manager shall annually review all
license fees, permit fees and other user related
fees or charges so as to insure that the fees charged
adequately reimburse the city for the services
rendered by it. In order to assure an equitable
adjustment, the city manager is authorized and
directed to increase or decrease such license fees,
permit fees and other user related fees or charges
in approximately the same proportion to any in-
crease or decrease in the general fund for the
ensuing fiscal year.
(c) The full amount of the license fee shall be
paid regardless of the time of the year the appli-
cation is made, and the licensee shall operate
under the license for the remainder of the calen-
dar year for which the license is issued. No
*Cross references-Ordinances creating positions or offices and prescribing salaries saved from repeal, * 1-5(14); airport
authority, * 4-16 et seq.; airport zoning commission, * 4-31 et seq.; administration and enforcement of animal provisions, * 7-16 et
seq.; building code advisory board, * 8.16 et seq.; building board of appeals, * 8-38; administration and enforcement of electrical
code, * 8-76 et seq.; electrical board of examiners, * 8.96 et seq.; board of examiners for electrical mechanics, * 8-133; plumbing
board of examiners, ~ 8.202 et seq.; plumbing board of appeals, * 8-226 et seq.; city county emergency preparedness board, * 10-16
et seq.; elections, Ch. 12; equal opportunity and affirmative action, Ch. 13; human relations commission, * 13-16 et seq.; firemen's
relief association, ~ 14-17 et seq.; city-county board of health, ~ 17-16 et seq.; administration and enforcement of housing, * 18-21 et
seq.; housing advisory and appeals board, * 18-41; library board, * 19-21 et seq.; licenses, Ch. 20; mobile home craftsman board of
examiners, * 22-55; municipal court, Ch. 23; offenses affecting governmental functions, * 25.21 et seq.; planning, Ch. 29; city
planning commission, * 29-16 et seq.; North Central regional planning commission, * 29-36 et seq.; police, Ch. 30; public utilities,
Ch. 31; taxation, Ch. 37; convention and tourism committee, * 37-18; heritage commission, * 42-471 et seq.; administrative
provisions for zoning, * 42-596 et seq.; board of zoning appeals, * 42-597; Charter ordinances, App. A.
55
~ 2-2
SALINA CODE
rebate or return of any portion of the license fee
shall be made in case the license is revoked for
any cause provided for in this Code. (Ord. No.
81-8881, ~~ 1,3, 10-19-81)
Cross reference-Fees to accompany application, ~ 20.4.
Sec. 2-3. Bonds and insurance of contractors,
licensees, etc.
(a) All bonds or insurance for the use, benefit
or protection of the city required to be taken by
the statutes of the state and by the ordinances of
the city or by resolution of the board of commis-
sioners from any person to secure the faithful
performance of any contract with the city, or to
indemnify the city against loss, damage or liabil-
ity growing out of any contract with the city, or
out of the issuance of any license or permit by the
city where a bond or insurance is required, shall
be signed and executed by some company ad-
mitted to do business in the state.
(b) All bonds and insurance certificates provided
for in subsection (a) shall be signed and executed
by the party or parties from whom such bonds or
insurance are required in addition to the sureties
on the bonds and the insurers, and except where
otherwise provided by law the bonds shall be made
to the city.
(c) Except where otherwise expressly provided
to the contrary, all bonds and certificates of in-
surance herein provided for shall be submitted to
and approved by the city attorney.
(d) All bonds and insurance required by licens-
ees shall expire on the date of expiration of the
license. (Code 1966, ~~ 2-7-2-9)
Sees. 2-4-2-20. Reserved.
ARTICLE II. BOARD OF
COMMISSIONERS*
(RESERVED)
Sees. 2-21-2-35. Reserved.
.State law reference-Governing board under commission
manager plan, K.S.A. 12-1006 et seq.
ARTICLE III. CITY MANAGER*
Sec. 2-36. Adoption of city manager plan of
government.
The electors of the city adopted the city man-
ager plan of government on February 1, 1921.
Sees. 2-37-2-50. Reserved.
ARTICLE IV. OFFICERS AND
EMPLOYEES GENERALLY
DIVISION 1. GENERALLY
Sec. 2-51. Classified service created.
There is hereby created the classified service of
the city, and all persons employed by the city
except elected officials, persons serving the city
as independent contractors, persons retained by
the city as consultants, part-time employees of
part-time boards and commissions, the city attor-
ney and assistant city attorneys, the municipal
judge, the city manager and persons employed
under established civil service systems, shall be
appointed, employed and paid under the provi-
sions of the rules and regulations which may be
adopted as provided in section 2-52. (Code 1966, ~
2-61)
Sec. 2-52. Rules and regulations.
Rules and regulations governing appointment
and employment to positions in the classified ser-
vice together with salary ranges shall be adopted
and amended by resolution of the board of commis-
sioners and shall be on file in the office of the city
manager and city clerk and open to inspection
during regular business hours by any interested
person. (Code 1966, ~ 2-62)
Sees. 2-53-2-60. Reserved.
DIVISION 2. BONDS
Sec. 2-61. Required before taking office.
No person shall perform any of the duties of the
office or employment to which he is appointed
.State law reference-City manager plan, K.S.A. 12-1001
et seq.
56
e
e
e
-
e
ADMINISTRATION
without first having given the bond as required
and after its approval, and the giving of a bond, if
a bond is required, shall be considered as one of
the qualifications necessary to be met in qualify-
ing for office. (Code 1966, * 2-48)
Sec. 2-62. Bonds to be conditioned as specified.
The bonds of officers, deputies, assistants and
employees required to give bond shall be condi-
tioned as required by statute or as otherwise re-
quired by ordinance and where no condition is
specified by statute or by ordinance, the bond
shall be conditioned for the faithful performance
of duties. (Code 1966, * 2-49)
Sec. 2-63. Amount of bonds; special conditions.
The following officers and employees shall give
bond in the following amounts and conditioned as
stated:
(1) City manager...............
(2) Director of utilities. . . . . . . . . . .
(3) Where one person is city man-
ager and ex officio, director of
utilities, one bond in the sum of.
(4) Director of finance. . . . . . . . . . .
(5) City clerk. . . . . . . . . . . . . . . . . . .
(6) When one person holds the of-
fices of director of finance and
city clerk, only one bond shall be
required in the sum of. . . . . . . . .
(7) City treasurer, not less than fifty
thousand dollars ($50,000.00). Such
bond shall be conditioned for the
faithful discharge of his duties;
that he will safely keep all pub-
lic moneys entrusted to his care,
and save the city free and harm-
less from all loss caused by ne-
glect of duty or malfeasance in
office. The board of commission-
ers shall require the treasurer to
give a new bond whenever, in its
opinion, the existing bond is insuf-
ficient; and whenever such new
$5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
~ 2-75
bond is required, he shall perform
no official act until such bond shall
be given and approved in the man-
ner aforesaid.
(8) Personnel of the city handling
funds. Such bond will be condi-
tioned for the faithful performance
of their duties and for a true and
faithful accounting for all mon-
eys that may come into their hands
by reason of their position. (Code
1966, * 2-50)
Sec. 2-64. Type of bonds; approval, filing.
The bonds shall be surety company bonds un-
less otherwise provided by the statute or ordinance,
shall be approved as to form by the city attorney
and be approved by the board of commissioners
and shall be filed with the city clerk, except that
the city clerk's bond shall be filed with the city
treasurer. (Code 1966, ~ 2-51)
Sec. 2-65. Bonds to be kept in force.
No person shall continue to perform the duties
of any office or employment for which a bond is
required after the bond has expired or has been
cancelled or for any other reason is not in effect.
(Code 1966, * 2-52)
Sec. 2-66. City to pay bond premiums.
The premium of any licensed company on the
bond of any officer, deputy or employee shall be
allowed and paid by the city. (Code 1966, * 2-53)
State law reference-City to pay bond premiums, K.S.A.
78-111.
Sec. 2-67. Affect of provisions on existing
bonds.
The bond of any officer or employee in force at
the time this Code shall take effect shall be af-
fected; provided, that if a bond in a greater amount
is required, the officer or employee is hereby or-
dered to increase the amount of bond to meet the
amount required. (Code 1966, ~ 2-54)
Sees. 2-68-2-75. Reserved.
57
~ 2-76
SALINA CODE
DIVISION 3. INDEMNIFICATION FOR
LIABILITY
Sec. 2-76. Authority.
The city, in the discretion of the board of com-
missioners, may post security, indemnify and pay
on behalf of each person and the heirs and repre-
sentatives of such person who is or was an elected
official, officer, employee or lawfully appointed
'official of the city for any reasonable expense that
may be incurred by such person in connection
with or resulting from any claim, action, suit or
proceeding, civil, criminal, administrative or in-
vestigative, or threat thereof, or in connection
with an appeal relating thereto, in which such
person may become involved as a party or other-
wise, by reason of being or having been an officer,
employee or official of the city. The payment of
such expense shall be supplemental to any ex-
pense incurred by any insurance company under
the company's contractual obligation to the city.
(Code 1966, ~ 2-54.1)
Sec. 2-77. Expense defined.
As used in this division, the term "expense"
includes counsel fees, and other disbursements
made or to be made in the defense of such person
and the payment of judgements, fines, penalties
or amounts paid in settlement by or on behalf of
such person. (Code 1966, ~ 2-54.1)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 2-78. Investigation; findings of fact.
The board of commissioners, prior to obligating
the city for such expense shall make or cause to
be made, an investigation of the facts relating to
the claim, action or proceeding against such per-
son. Thereafter, the board of commissioners, by
resolution, shall make findings of fact, a deter-
mination as to whether or not assistance will be
provided, the type thereof and the estimated amount
of expense. (Code 1966, ~ 2-54.1)
Sec. 2-79. Requirements for payment of ex-
pense.
In making its findings of fact and determina-
tion the board of commissioners shall not autho-
rize the payment of an expense unless it finds all
of the following:
(1) The claim, action or proceeding arose out of
and in the line of duty or employment of such
person;
(2) The city has a direct interest in the matter as
opposed to a collateral interest;
(3) The officer or employee acted in good faith
and had reasonable cause to believe his con-
duct was lawful;
(4) That it would be in the interests of the city to
authorize the payment of such expense. (Code
1966, ~ 2-54.1)
Sec. 2-80. Revocation of authorization of
expense.
The board of commissioners shall have the right
to terminate and revoke by resolution at any time
any previous resolution authorizing the payment
of an expense without further liability or obliga-
tion to any such officer or employee, or third par-
ties contracting with such officer or employee.
(Code 1966, ~ 2-54.1)
Sec. 2-81. Majority approval of board re,
quired.
All findings and determinations required by this
division shall be made by a majority of all of the
elected city commissioners. (Code 1966, ~ 2-54.1)
Sees. 2-82-2-95. Reserved.
ARTICLE V. ADMINISTRATIVE
DEP ARTMENTS*
DIVISION 1. GENERALLY
Sec. 2-96. Creation.
The board of commissioners shall create such
administrative departments as the public business
may demand.
Sees. 2-97-2-105. Reserved.
*State law reference-Creation of administrative depart-
ments, K.S.A. 12-1015.
58
e
e
e
-
e
ADMINISTRATION
DIVISION 2. DEPARTMENT OF LAW
Sec. 2-106. Qualifications of city attorney and
assistants.
No person shall be eligible to the office of city
attorney or assistant city attorney who is not by
profession an attorney at law admitted to practice
before the Supreme Court of the State of Kansas.
(Code 1966, ~~ 2-104, 2-106)
Sec. 2-107. Duties of city attorney.
The city attorney shall appear and prosecute or
defend all cases wherein the city is a party in all
courts; represent the city before state officers, boards,
commissions and departments; shall draft all ordi-
nances, contracts, agreements, etc.; attend all meet-
ings of the board of commissioners; advise the
city commissioners, the manager and officers of
the city upon legal questions affecting the duties
of their offices or the interest of the city as may
be submitted to him, and perform other profes-
sional services incident to his office; provided,
that business and court cases outside of the county
and cases in the district court of the county ex-
cept on appeal from the municipal court in which
the city is the appellant, shall not be considered
as duties herein insofar as regular salary is con-
cerned but the compensation for such duties shall
be on an hourly basis and approved by the city
manager. (Code 1966, ~ 2-105)
State law reference-Duties of city attorney, K.S.A. 13-2105.
Sec. 2-108. Duties of assistants.
The assistant city attorneys shall assist the city
attorney and as directed by him. In the absence of
the city attorney from the city, an assistant city
attorney shall perform the duties of the city at-
torney.
The city attorney shall assign the duties to the
assistant city attorneys. (Code 1966, *~ 2-107,
2-108)
Sees. 2-109-2-120. Reserved.
~ 2-144
DIVISION 3. DEPARTMENT OF
PUBLIC HEAL TH*
Sec. 2-121. To be prescribed by joint reso-
lution.
The City of Salina and the County of Saline
having established a joint city-county board of
health, the appointments of the board, officers
and employees, their powers and duties shall be
as prescribed by the joint resolution, bylaws and
duties as prescribed by ordinance. (Code 1966, ~
2-125)
Sees. 2-122-2-135. Reserved.
ARTICLE VI. BOARDS AND
COMMISSIONSt
DIVISION 1. GENERALLY
Sees. 2-136-2-143. Reserved.
DIVISION 2. ARTS COMMISSION
Sec. 2-144. Established.
There is hereby established a Salina Arts Com-
mission to promote and encourage public programs
to further the development and public awareness
of and interest in the city in connection with the
artistic and cultural development of the city. (Code
1966, ~ 2-196)
*Cross reference-Health and sanitation, Ch. 17.
tCross references-Airport authority, ~ 4-16 et seq.; air-
port zoning commission, ~ 4-31 et seq.; building code advisory
board, ~ 8-16 et seq.; building board of appeals, ~ 8-38; electri-
cal board of examiners, ~ 8-96 et seq.; board of examiners for
electrical mechanics, ~ 8-133; plumbing board of examiners, ~
8-202 et seq.; plumbing board of appeals, ~ 8-226 et seq.;
city-county emergency preparedness board, ~ 10-16 et seq.;
human relations commission, ~ 13-16 et seq.; firemen's relief
association, ~ 14-17 et seq.; city~county board of health, ~
17-16 et seq.; housing advisory and appeals board, ~ 18-41;
library board, ~ 19-21 et seq.; mobile home craftsman board of
examiners, * 22-55; city planning commission, ~ 29-16 et seq.;
North Central regional planning commission, ~ 29-36 et seq.;
convention and tourism committee, ~ 37-18; heritage commis-
sion, ~ 42-471 et seq.; board of zoning appeals, ~ 42-597.
59
~ 2145
SALINA CODE
Sec. 2-145. Membership; appointment; term.
The arts commission shall consist of nine (9)
members, who shall be appointed by the mayor,
with the approval of the board of commissioners,
one of whom shall be a member of the board of
commissioners. All appointments shall be for a
term of three (3) years and until a successor is
qualified; provided no person shall be appointed
for more than two (2) consecutive full terms. (Code
1966, ~ 2-197)
Sec. 2-146. Organization.
The arts commission shall annually organize
and select the officers as specified in the bylaws.
The commission shall adopt such bylaws as may
be necessary to accomplish the purposes of their
organization, which said bylaws shall be effective
upon adoption by the commission and approval
by the board of commissioners. (Code 1966, ~
2-198)
Sec. 2-147. Duties and powers.
The arts commission shall have the following
duties and powers:
(1) To hold regular public meetings and keep a
written record of its proceedings which shall
be public records;
(2) To annually review the financial needs of the
programs for the development of the fine and
performing arts and submit a proposed bud-
get therefor to the board of commissioners; to
make expenditures in accordance with the
annual budget adopted by the city;
(3) To make application and solicitation for and
accept grants, gifts, and donations of money,
property, or personal services from individu-
als, groups, organizations, and the like or
from any agency of the city, county, state or
federal government granted or given for a
purpose consistent with the purposes of this
commission and to expend all funds so re-
ceived;
(4) To initiate, sponsor or conduct, alone or in
cooperation with other public or private agen-
cies, public programs to further the develop-
ment and public awareness of, and interest
in the fine and performing arts;
(5) To advise and assist the city in connection
with such other artistic activities as may be
referred to it by the city;
(6) To utilize the services of the director of arts
as its executive secretary and such other staff
as may be made available to it;
(7) To serve as a clearing house for scheduling
exhibits, concerts, recitals, lectures and other
cultural events that may occur in the com-
munity;
(8) To generally stimulate, facilitate, coordinate
and cooperate with existing organizations for
the development of the arts and historical
tradition of the city and to initiate programs
and proposals of encouragement for promo-
tion development of the arts, culture, heri-
tage, beauty and tradition of the city. (Code
1966, ~ 2-199)
Sees. 2-148-2-160. Reserved.
ARTICLE VII. INVESTMENT OF
TEMPORARY IDLE FUNDS
Sec. 2-161. Authorized.
Temporary idle moneys of the city not currently
needed may, in accordance with the procedure
hereinafter prescribed in this article, be invested
in accordance with K.S.A. 12-1675. (Code 1966, S
2-187; Ord. No. 80-8788, ~ 1, 4-28-80)
Sec. 2-162. Procedure and restrictions.
The city manager and director of finance shall
adopt a program for the investment of idle mon-
eys of the city not currently needed and shall
invest the same in accordance with K.S.A. 12-1675
et seq. The investment program shall so limit the
amount invested and schedule the maturities of
investment so that the city will at all times have
sufficient money available to assure prompt pay-
ment of all city obligations. (Code 1966, S 2-188;
Ord. No. 80-8789, S 1, 4-28-80)
[The next page is 111]
60
e
e
e
-
e
Chapter 3
ADVERTISING*
Sec. 3-1. Distributing matter in or attaching
to motor vehicles.
It shall be unlawful for any person, as principal
or agent, to place or cause to be placed, any hand-
bills, circulars, cards, posters, leaflets, pamphlets,
booklets, showbills or other advertising matter
in, or attach the same upon any part of any motor
vehicle, while such motor vehicle is in use upon
the streets or standing parked upon the streets or
public parking lots of the city; provided, that this
section shall not be construed to prevent the offi-
cers or employees of the city from so doing for any
municipal purpose; and provided further, that this
section shall not be construed to include regular
advertising done in public conveyances. (Code 1966,
* 3-1)
Cross reference-Traffic and motor vehicles, Ch. 38.
Sec. 3-2. Throwing, scattering on private
property.
It shall be unlawful for any person, as principal
or agent, to throw or scatter any handbills, circu-
lars, posters, cards, leaflets, pamphlets, booklets,
or any other advertising matter upon any yard,
stoop or porch; provided, this section shall not
apply to newspapers, magazines, or periodicals
for which the occupant of the premises has re-
quested such delivery. (Code 1966, * 3-2)
Sec. 3-3. Posting on utility poles, public or
private property.
(a) Offenses. It shall be unlawful for any person
to put up, attach or post any signs, bills, dodgers,
advertisements or notices of any kind or charac-
ter, of any material whatsoever, upon any tele-
phone, telegraph, electric light pole, or upon any
pole erected for the purpose of carrying the wires
of any public utility, or upon any lamppost, hitch-
ing post, hydrant, drinking fountain, sidewalk,
bridge or fence or building any of which may be
located or situated in any street or alley or other
public ground within the city; or upon any house,
building, fence or structure of any kind upon any
private ground within the city, except by the con-
sent of the owner thereof.
(b) Removal. Any sign, bill, dodger, advertise-
ment or notice posted or maintained in violation
of this section shall be torn down and removed by
the chief of police or by any policeman at his
direction.
(c) Exceptions. This section shall not apply to
notices posted by order of the city-county health
department in the discharge of any official duty
nor to the posting of legal advertisements at places
required or designated by law or by ordinance.
(Code 1966, ~ 3-3)
Cross reference-Public utilities, Ch. 31.
State law reference-Posting of political pictures and po-
litical advertisements, K.S.A. 21-3739.
Sec. 3-4. Damaging, defacing lawfully posted
advertising.
It shall be unlawful for any person to tear down,
deface, mutilate, obscure or otherwise injure any
written or printed posted or handbill or other
advertisement which shall have been lawfully post-
ed, nailed or otherwise posted for a lawful pur-
pose within the city. (Code 1966, ~ 3-4)
Sec. 3-5. Loudspeakers and sound trucks-
License required.
It shall be unlawful for any person to conduct,
pursue, carryon or operate the calling, trade or
occupation of advertising or announcing by means
of any loudspeaker, radio or phonograph device,
either in or attached to any automobile or other
vehicle operated on the streets of the city or from
any stationary location on private property by
which the sound of such advertisement or an-
nouncements, either in the form of music, voice
or otherwise by any of the means aforesaid, is
.Cross reference-Sign code, ~ 8-381 et seq.
State law reference-Highway advertising control act, K.S.A. 68-2231 et seq.
111
~ 3-5
SALINA CODE
projected into any public street, for the purpose of
calling attention to persons in such public street
or elsewhere the advertisement or announcement
projected from or by means of any such device,
without obtaining a license from the city clerk.
The license fee shall be as prescribed in section
2-2. (Code 1966, SS 3-5, 3.6)
Cross reference-Licenses generally, Ch. 20.
Sec. 3-6. Same-Prohibited hours.
It shall be unlawful for any person to use or
operate any device as mentioned in section 3-5,
within the city at any time after the hour of 9:00
p.m. and earlier than the hour of 8:00 a.m. in any
day, and no license issued under the provisions of
section 3-5 shall be deemed to permit the use
thereof during any of the time when such use is
prohibited by the provisions of this section. (Code
1966, S 3-7)
[The next page is 163]
112
e
e
e
-
e
Chapter 4
AIRPORT*
Art. I. In General, U 4-1-4-15
Art. II. Airport Authority, U 4-16-4-30
Art. III. Airport Zoning Commission, ~~ 4-31-445
Art. IV. Airport Zoning, U 446-4-56
ARTICLE I. IN GENERAL
Sec. 4-1. Police power extended over airport.
(a) The police power of the city is hereby ex-
tended to include all territory of the municipal
airport.
(b) The lands included in the municipal airport
shall be deemed to be a part of the corporate
limits of the city.
(c) All general ordinances of the city are hereby
declared to be applicable to the airport. (Code
1966, ~ 5-4)
Sees. 4-2-4-15. Reserved.
ARTICLE II. AIRPORT AUTHORITY*
Sec. 4-16. Created.
The city, pursuant to the authority granted by
Kansas Statutes Annotated, Ch. 27, Art. 3, does
hereby establish and create an authority to be
known as the "Salina Airport Authority." (Code
1966, ~ 5-1)
Sec. 4-17. Board of directors.
The airport authority hereby created shall be
managed and controlled by a board of directors
consisting of five (5) directors to be appointed by
the board of commissioners. (Code 1966, ~ 5-2)
"'Cross references-Administration, Ch. 2; boards and com-
missions generally, * 2-136 et seq.
State law reference-Surplus property and public airport
authority act, K.S.A. 27-315 et seq.
Sec. 4-18. Authority subject to statutes.
The airport authority hereby created shall have
all those powers enumerated and be subject to all
provisions of Kansas Statutes Annotated, Ch. 27,
Art. 3. (Code 1966, ~ 5-3)
Sec. 4-19. Rules and regulations.
(a) The airport authority is hereby authorized
to adopt and amend such rules and regulations as
may be necessary for the orderly operation of the
Salina Municipal Airport, which rules and regu-
lations and amendments thereof, after approval
of the board of commissioners, shall be filed in
the offices of the city clerk, airport manager and
airport authority.
(b) Any person violating any of the rules and
regulations adopted in accordance with subsection
(a) shall be guilty of a misdemeanor. (Code 1966,
~ ~ 5-5, 5-6)
Sees. 4-20-4-30. Reserved.
ARTICLE III. AIRPORT
ZONING COMMISSION*
Sec. 4.31. Created.
There is hereby created a commISSIOn to be
known as the Salina airport zoning commission.
(Code 1966, ~ 5-7)
"'Cross references-Administration, Ch. 2; boards and com-
missions generally, * 2-136 et seq.
State law reference-Authority for airport zoning commis-
sion, K.S.A. 3-705(2).
"'Cross reference-Streets, sidewalks and other public places, Ch. 35.
State law reference-Aircraft and airfields, K.S.A. Ch. 3.
163
~ 4-32
SALINA CODE
Sec. 4-32. Membership.
The airport zoning commission shall consist of
all of the members of the city planning commis-
sion as created in accordance with article II of
chapter 29; and that appointment by the board of
commissioners to the city planning commission
shall automatically constitute appointment to the
airport zoning commission for the same term as
provided for in article II of chapter 29. (Code 1966,
. ~ 5-8)
Sec. 4-33. Duties.
The airport zoning commission shall have such
powers and duties as specified and provided for in
the airport zoning act of the state the same being
Article 7 of Chapter 3 of the Kansas Statutes
Annotated and amendments thereto. (Code 1966,
~ 5-9)
Sees. 4-34-4-45. Reserved.
ARTICLE IV. AIRPORT ZONING*
Sec. 4-46. Short title.
This article shall be known and may be cited as
"Salina Municipal Airport Zoning Ordinance."
(Ord. No. 7039, ~ 1, 1-29-68)
Sec. 4-47. Definitions.
As used in this article, unless the context oth-
erwise requires:
(1) A irport means Salina Municipal Airport.
(2) Airport elevation means the established el-
evation of the highest point on the usable
landing area.
(3) Airport hazard means any structure, tree
or use of land which obstructs the airspace
required for, or is otherwise hazardous to,
the flight of aircraft in landing or taking
off at the airport.
(4) Airport reference point means the point es-
tablished as the approximate geographic
*Cross reference-Zoning generally, Ch. 42.
State law reference-Airport zoning regulations, K.S.A.
3-701 et seq.
center of the airport landing area and so
designated.
(5) Board of adjustment means the board of
directors of the Salina Airport Authority.
(6) Height, for the purpose of determining the
height limits in all zones set forth in this
article and shown on the zoning map, the
datum shall be mean sea level elevation
unless otherwise specified.
(7) Instrument runway means a runway equipped
or to be equipped with a precision electronic
navigation aid or landing aid or other air
navigation facilities suitable to permit the
landing of aircraft by an instrument ap-
proach under restricted visibility conditions.
(8) Landing area means the area of the airport
used for the landing, taking off or taxiing
of aircraft.
(9) Nonconforming use means any preexisting
structure, tree, natural growth or use of
land which is inconsistent with the provi-
sions of this article or an amendment thereto.
(10) Noninstrument runway means a runway
other than an instrument runway.
(11) Person means an individual, firm, partner-
ship, corporation, company, association, joint
stock association, or body politic, and in-
cludes a trustee, receiver, assignee, admin-
istrator, executor, guardian, or other rep-
resentative.
(12) Runway means the paved surface of an air-
port landing area.
(13) Structure means an object constructed or
installed by man, including, but without
limitation, buildings, towers, smokestacks,
and overhead transmission lines.
(14) Tree means any object of natural growth.
(Ord. No. 7039, ~ 2, 1-29-68)
Cross reference-Definitions and rules of construction gen-
erally, * 1-2.
Sec. 4-48. Zones.
In order to carry out the provisions of this arti-
cle, there are hereby created and established cer-
tain zones which include all of the land lying
164
e
e
e
e
e
within the instrument approach zones, noninstru-
ment approach zones, transition zones, horizontal
zone and conical zone. Such areas and zones are
shown on Salina Municipal Airport Zoning Map
consisting of one sheet, prepared by city planning
department and dated December, 1967, which is
attached to this article and made a part hereof.
The various zones are hereby established and de-
fined as follows:
(1) Instrument approach zone. An instrument
approach zone is established at each end of
the instrument runway for instrument land-
ings and takeoffs. The instrument approach
zones shall have a width of one thousand
(1,000) feet at a distance of two hundred (200)
feet beyond each end of the runway, widen-
ing thereafter uniformly to a width of sixteen
thousand (16,000) feet at a distance of fifty
thousand two hundred (50,200) feet beyond
each end of the runway, its center line being
the continuation ofthe centerline ofthe runway.
(2) Noninstrument approach zone. A noninstru-
ment approach zone is established at each
end of all noninstrument runways for non-
instrument landings and takeoffs. The non-
instrument approach zone shall have a width
of five hundred (500) feet at a distance of two
hundred (200) feet beyond each end of the
runway, widening thereafter uniformly to a
width of two thousand five hundred (2,500)
feet at a distance of ten thousand two hun-
dred (10,200) feet beyond each end of the run-
way, its center line being the continuation of
the centerline of the runway.
(3) VFR approach zone. A visual flight rules
(VFR) approach zone shall have a width of
two hundred (200) feet at a distance of one
hundred (100) feet beyond each end of the
runway widening thereafter uniformly to a
width of five hundred (500) feet at a distance
of three thousand one hundred (3,100) feet
beyond each end of the runway.
(4) Transition zones. Transition zones are here-
by established adjacent to each instrument
and noninstrument runway and approach zone
as indicated on the zoning map. Transition
zones symmetrically located on either side of
runways have variable widths as shown on
AIRPORT
~ 4-48
the zoning map. Transition zones extend out-
ward from a line two hundred fifty (250) feet
on either side of the center line of the nonin-
strument runway, for the length of such run-
way plus two hundred (200) feet on each end;
and five hundred (500) feet on either side of
the center line of the instrument runway, for
the length of such runway plus two hundred
(200) feet in each end, and are parallel and
level with such runway center lines. The tran-
sition zones along such runways slope upward
and outward one (1) foot vertically for each
seven (7) feet horizontally to the point where
they intersect the surface of the horizontal
zone. Further, transition zones are established
adjacent to both instrument and noninstrument
approach zones for the entire length of the
approach zones. These transition zones have
variable widths, as shown on the zoning map.
Such transition zones flare symmetrically with
either side of the runway approach zones from
the base of such zones and slope upward and
outward at the rate of one (1) foot vertically
for each seven (7) feet horizontally to the points
where they intersect the surfaces of the hori-
zontal and conical zones. Additionally, tran-
sition zones are established adjacent to the
instrument approach zone where it projects
through and beyond the limits of the conical
zone, extending a distance of five thousand
(5,000) feet measured horizontally from the
edge of the instrument approach zones at right
angles to the continuation of the center line
of the runway.
(5) Horizontal zone. A horizontal zone is hereby
established as the area within a circle with
its center at the airport reference point and
having a radius of thirteen thousand (13,000)
feet. The horizontal zone does not include the
instrument approach zones and the transition
zones.
(6) Conical zone. A conical zone is hereby estab-
lished as the area that commences at the
periphery of the horizontal zone and extends
outward therefrom a distance of seven thou-
sand (7,000) feet. The conical zone does not
include the instrument approach zones and
transition zones. (Ord. No. 7039, ~ 3, 1-29-68)
165
~ 4-49
SALINA CODE
Sec. 4-49. Height limitations.
(a) Except as otherwise provided in this article,
no structure or tree shall be erected, altered, al-
lowed to grow, or maintained in any zone created
by this article to a height in excess of the height
limit herein established for such zone. Such height
limitations are hereby established for each of the
zones in question as follows:
(1) Instrument approach zone. One (1) foot in
height for each fifty (50) feet in horizontal
distance beginning at a point two hundred
(200) feet from and at the center line eleva-
tion of the end of the instrument runway and
extending a distance of ten thousand two hun-
dred (10,200) feet from the end of the run-
way; thence one (1) foot in height for each
forty (40) feet in horizontal distance to a point
fifty thousand two hundred (50,200) feet from
the end of the runway;
(2) Noninstrument approach zones. One (1) foot
in height for each forty (40) feet in horizontal
distance beginning at a point two hundred
(200) feet from and at the center line eleva-
tion of the end of the noninstrument runway
and extending to a point ten thousand two
hundred (10,200) feet from the end of the
runway;
(3) Transition zones. One (1) foot in height for
each seven (7) feet in horizontal distance be-
ginning at any point two hundred (200) feet
normal to and at the elevation of the center
line of noninstrument runways, extending two
hundred (200) feet beyond each end thereof,
and two hundred (200) feet normal to and at
the elevation of the center line of the instru-
ment runway, extending two hundred (200)
feet beyond each end thereof, extending to a
height of one hundred fifty (150) feet above
the airport elevation which is one thousand
two hundred seventy-one (1,271) feet above
mean sea level. In addition to the foregoing,
there are established height limits of one (1)
foot vertical height for each seven (7) feet
horizontal distance measured from the edges
of all approach zones for the entire length of
the approach zones and extending upward
and outward to the points where they inter-
sect the horizontal or conical surfaces. Fur-
ther, where the instrument approach zone
projects through and beyond the conical zone,
a height limit of one (1) foot for each seven (7)
feet of horizontal distance shall be maintained
beginning at the edge of the instrument ap-
proach zone and extending a distance of five
thousand (5,000) feet from the edge of the
instrument approach zone measured normal
to the center line of the runway extended;
(4) Horizontal zone. One hundred fifty (150) feet
above the airport elevation or a height of one
thousand four hundred twenty-one (1,421) feet
above mean sea level;
(5) Conical zone. One (1) foot in height for each
twenty (20) feet of horizontal distance begin-
ning at the periphery of the horizontal zone,
extending to a height of five hundred (500)
feet above the airport elevation; and
(6) Excepted height limitations. Nothing in this
article shall be construed as prohibiting the
growth, construction or maintenance of any
tree or structure to a height up to seventy-
five (75) feet above the surface of the land;
except when, because of the terrain, land con-
tour or topographic features, such tree or struc-
ture would extend above the height limits
prescribed for such zone.
(b) Where an area is covered by more than one
(1) height limitation, the more restrictive limita-
tions shall prevail. (Ord. No. 7039, ~ 4, 1-29-68)
Sec. 4-50. Use restrictions.
Notwithstanding any other provisions of this
article, no use may be made of land within any
zone established by this article in such a manner
as to create electrical interference with radio com-
munication between the airport and aircraft, make
it difficult for flyers to distinguish between air-
port lights and others, result in glare in the eyes
of flyers using the airport, impair visibility in the
vicinity of the airport or otherwise endanger the
landing, taking off, or maneuvering or aircraft.
(Ord. No. 7039, ~ 5, 1-29-68)
Sec. 4-51. Nonconforming uses.
(a) Regulations not retroactive. The regulations
provided by this article shall not be construed to
166
e
e
e
e
e
require the removal, lowering or other change or
alteration of any structure or tree not conforming
to the regulations as of February 6, 1968 as amend-
ed, or otherwise interfere with continuance of any
nonconforming use, except as provided in subsec-
tion 3 of Section 3-707 of the General Statutes
Supplement of 1947, or any amendments thereto;
provided, however, that the city may require upon,
thirty (30) days' notice in writing any person own-
ing and maintaining any nonconforming pole or
pole line upon the roads and highways immedi-
ately adjoining the airport to remove, lower, change,
or alter said nonconforming pole or pole line, upon
prior payment by the city to said person of the
reasonable and necessary expense of removing,
lowering, changing, or altering the pole or pole
line; or in lieu thereof to execute a good and suffi-
cient bond with corporate surety thereon as secu-
rity for the payment of the reasonable and neces-
sary expense of removing, lowering, changing, or
altering such pole or pole lines. Reasonable and
necessary expense of removing, lowering, chang-
ing or altering the pole or pole line shall include,
among other items of expense, the actual cost of
(1) constructing underground conduits and the con-
struction of such wires and equipment in such
conduits, and (2) rerouting wires together with
the poles, cross arms and other equipment con-
nected thereto, together with the cost of any of a
new right-of-way made necessary by such rerouting.
(b) Marking and lighting. Notwithstanding the
preceding provision of this section, the owner of
any nonconforming structure or tree is hereby
required to permit the installation, operation, and
maintenance thereon of such markers and lights
as shall be deemed necessary by the building offi-
cial to indicate to the operators of aircraft in the
vicinity of the airport, the presence of such air-
port hazards. Such markers and lights shall be
installed, operated, and maintained at the expense
of the city. (Ord. No. 7039, ~ 6, 1-29-68)
Sec. 4-52. Permits.
(a) Future uses. Except as specifically provided
in subsections (1), (2) and (3) hereunder, no mate-
rial change shall be made in the use of land and
no structure or tree shall be erected, altered, planted
or otherwise established in any zone hereby cre-
ated unless a permit therefor shall have been
AIRPORT
~ 4-52
applied for and granted. Each application for a
permit shall indicate the purpose for which the
permit is desired, with sufficient particularity to
permit it to be determined whether the resulting
use, structure or tree would conform to the regu-
lations herein prescribed. If such determination
is in the affirmative, the permit shall be granted.
(1) In the area lying within the limits of the
horizontal zone and the conical zone, no per-
mit shall be required for any tree or struc-
ture less than seventy-five (75) feet of verti-
cal height above the ground, except when
because of terrain, land contour or topographic
features such tree or structure would extend
above the height limits prescribed for such
zone.
(2) In the areas lying within the limits of the
instrument and noninstrument approach zones
but at a horizontal distance of not less than
four thousand two hundred (4,200) feet from
each end of the runways, no permit shall be
required for any tree or structure less than
seventy-five (75) feet of vertical height above
the ground, except when such tree or struc-
ture would extend above the height limit pre-
scribed for such instrument or noninstrument
approach zone.
(3) In the areas lying within the limits of the
transition zones beyond the perimeter of the
horizontal zone, no permit shall be required
for any tree or structure less than seventy-
five (75) feet of vertical height above the ground
except when such tree or structure, because
of terrain, land contour or topographic fea-
tures would extend above the height limit
prescribed for such transition zones.
Nothing contained in any of the foregoing excep-
tions shall be construed as permitting or intend-
ing to permit any construction, alteration or growth
of any structure or tree in excess of any of the
height limits established by this article except as
set forth in section 4-49.
(b) Existing uses. No permit shall be granted
that would allow the establishment or creation of
an airport hazard or permit a nonconforming use,
structure, or tree to be made or become higher, or
become a greater hazard to air navigation, than
167
~ 452
SALINA CODE
it was on February 6, 1968, or on the effective
date of any amendment to this article, or than it
is when the application for a permit is made. Ex-
cept as indicated, all applications for such a per-
mit shall be granted.
(c) Nonconforming uses abandoned or destroyed.
Whenever the building official determines that a
nonconforming structure or tree has been aban-
doned or more than eighty (80) per cent torn down,
physically deteriorated, or decayed, no permit shall
be granted that would allow such structure or
tree to exceed the applicable height limit or oth-
erwise deviate from the zoning regulations.
(d) Variances. Any person desiring to erect or
increase the height of any structure, or permit
the growth of any tree, or use his property, not in
accordance with the regulations prescribed in this
article, may apply to the board of adjustment for
a variance from such regulations. Such variances
shall be allowed where it is duly found that a
literal application or enforcement of the regula-
tions would result in practical difficulty or un-
necessary hardship and the relief granted would
not be contrary to the public interest but will do
substantial justice and be in accordance with the
spirit of this article.
(e) Hazard marking and lighting. Any permit
or variance granted may, if such action is deemed
advisable to effectuate the purpose of this article
and be reasonable in the circumstances, be so
conditioned as to require the owner of the struc-
ture or tree in question to permit the city at its
own expense, to install, operate and maintain
thereon such markers and lights as may be nec-
essary to indicate to flyers the presence of an
airport hazard. (Ord. No. 7039, S 7, 1-29-68)
Sec. 4-53. Enforcement.
It shall be the duty of the building official to
administer and enforce the regulations prescribed
herein. Applications for permits and variances
shall be made to the building official upon a form
furnished by him. Applications required by this
article to be submitted to the building official
shall be promptly considered and granted or de-
nied by him. Applications for action by the board
of adjustment shall be forthwith transmitted by
the building official. (Ord. No. 7039, S 8, 1-29-68)
Sec. 4-54. Board of adjustment.
(a) There is hereby created a board of adjust-
ment to have and exercise the following powers:
(1) To hear and decide appeals from any order,
requirement, decision or determination made
by the building official in the enforcement of
this article;
(2) To hear and decide special exceptions to the
terms of this article upon which such board
of adjustment under such regulations may be
required to pass;
(3) To hear and decide specific variances.
(b) The board of adjustment shall consist of all
of the members of the board of directors of the
airport authority as created in accordance with
article II of this chapter; and that by appointment
to the board of directors of the airport authority
shall automatically constitute appointment to the
board of adjustment for the same term as pro-
vided for in article II of this chapter.
(c) The board of adjustment shall adopt rules
for its governance and procedure in harmony with
the provisions of this article. Meetings ofthe board
of adjustment shall be held at the call of the
chairman and at such other times as the board of
adjustment may determine. The chairman, or in
his absence the acting chairman, may administer
oaths and compel the attendance of witnesses. All
hearings of the board of adjustment shall be pub-
lic. The board of adjustment shall keep minutes
of its proceedings showing the vote of each mem-
ber upon each question or, if absent or failing to
vote, indicating such fact, and shall keep records
of its examinations and other official actions, all
of which shall immediately be filed in the office of
the city clerk and shall be a public record.
(d) The board of adjustment shall make writ-
ten findings of fact and conclusions of law giving
the facts upon which it acted and its legal conclu-
sions from such facts in reversing, affirming or
modifying any order, requirement, decision or de-
termination which comes before it under the pro-
visions of this article.
(e) The concurring vote of a majority of the
members of the board of adjustment shall be suf-
168
e
e
e
-
e
ficient to reverse any order, requirement, deci-
sion or determination of the building official or to
decide in favor of the applicant on any matter
upon which it is required to pass under this arti-
cle, or to affect any variation in this article. (Ord.
No. 7039, ~ 9, 1-29-68)
Sec. 4-55. Appeals.
(a) Any person aggrieved, or any taxpayer af-
fected, by any decision of the building official
made in his administration of this article, may
appeal to the board of adjustment.
(b) All appeals hereunder must be taken within
a reasonable time as provided by the rules of the
board of adjustment, by filing with the building
official a notice of appeal specifying the grounds
thereof. The building official shall forthwith transmit
to the board of adjustment all the papers consti-
tuting the record upon which the action appealed
from was taken.
(c) An appeal shall stay all proceedings in fur-
therance of the action appealed from, unless the
building official certifies to the board of adjust-
ment, after the notice of appeal has been filed
with it, that by reason of the facts stated in the
AIRPORT
~ 4-56
certificate a stay would, in his opinion, cause im-
minent peril to life or property. In such case,
proceedings shall not be stayed except by order of
the board of adjustment on notice to the building
official and on due cause shown.
(d) The board of adjustment shall fix a reason-
able time for hearing appeals, give public notice
and due notice to the parties in interest, and de-
cide the same within a reasonable time. Upon the
hearing any party may appear in person or bv
agent or by attorney.
(e) The board of adjustment may, in conformity
with the provisions of this article, reverse or af-
firm, in whole or in part, or modify the order,
requirement, decision or determination appealed
from and may make such order, requirement, de-
cision or determination, as may be appropriate
under the circumstances. (Ord. No. 7039, ~ 10,
1-29-68)
Sec. 4-56. Judicial review.
Any person aggrieved, or any taxpayer affect-
ed, by any decision of the board of adjustment,
may appeal to the district court of the county as
provided in KSA 3-709. (Ord. No. 7039, ~ 11, 1-29-68)
[The next page is 219]
169
e
e
e
-
e
ALCOHOLIC BEVERAGES'"
Chapter 5
In General, H 5.1-5-15
Alcoholic liquor, At 5-16-5-65
Div. 1. Generally, ~~ 5-16-5-35
Div. 2. Retailer's License, ~~ 5-36-5-50
Div. 3. Distributor's License, ~~ 5-51-5-65
Cereal Malt Beverages, n 5-66-5-115
Div. 1. Generally, ~~ 5-66-5-90
Div. 2. Retailer's License, ~~ 5-91-5-115
Private Clubs, n 5-116-5-146
Div. 1. Generally, ~~ 5-116-5-135
Div. 2. License, ~~ 5-136-5-146
Art. I.
Art. II.
Art. III.
Art. IV.
ARTICLE I. IN GENERAL
Sees. 5-1-5-15. Reserved.
ARTICLE II. ALCOHOLIC LIQUOR'"
DIVISION 1. GENERALLY
See. 5-16. Definitions.
As used in this article, unless the context clearly
requires otherwise, the following words and phrases
shall have the meanings ascribed to them in this
section:
(3) Beer, when its meaning is not enlarged,
modified or limited by other words, means
a beverage, containing more than three and
two-tenths (3.2) percent alcohol by weight,
obtained by alcoholic fermentation of an
infusion or concoction of barley, or other
grain, malt and hops in water and includes
beer, ale, stout, lager beer, porter and sim-
ilar beverages having such alcoholic content.
(4) Distributor means the person importing or
causing to be imported into the state, or
purchasing or causing to be purchased within
the state, alcoholic liquor for sale or resale
to retailers under the provisions of the Kan-
sas Liquor Control Act, being K.S.A. Chap-
ter 41, Articles 1 through 11.
(5) Manufacture means to distill, rectify, fer-
ment, brew, make, mix, concoct, process,
blend, bottle or fill an original package with
any alcoholic liquor, or with beer regard-
less of its alcoholic content and includes
blending.
(6) Manufacturer means every brewer, fermenter,
distiller, rectifier, wine maker, blender, proc-
essor, bottler or person who fills or refills
an original package and others engaged in
brewing, fermenting, distilling, rectifying
or bottling alcoholic liquors as above de-
fined or beer regardless of its alcoholic
content.
(1) Alcohol means the product of distillation of
any fermented liquid, whether rectified or
diluted, whatever the origin thereof, and
includes synthetic ethyl alcohol, but does
not include denatured alcohol or wood alcohol.
(2) Alcoholic liquor means alcohol, spirits, wine,
beer, and every liquid or solid, patented or
not, containing alcohol, spirits, wine or beer,
and capable of being consumed as a bever-
age by a human being, but shall not in-
clude any beer or cereal malt beverage con-
taining not more than three and two-tenths
(3.2) percent alcohol by weight.
.Cross references-Alcoholic liquor prohibited in food es-
tablishments having entertainment, ~ 6-77; alcoholic liquor
on premises having billiard and pool tables, ~ 6-158; consump-
tion of alcoholic liquor in public places, App. A, Charter ord.
no. 14.
.Cross references-Public intoxication, ~ 25-83; using taxicabs to transport liquor, ~ 40-70.
State law reference-Intoxicating liquors and beverages generally, K.S.A. Ch. 41.
219
~ 5-16
SALINA CODE
(7) Minor means any person under twenty-one
(21) years of age.
(8) Nonbeuerage user means every manufacturer
of any of the products set forth and described
in KS.A. 41-501, when the same contains
alcohol or wine, and all laboratories using
alcohol for nonbeverage purposes.
(9) Original package means any bottle, flask,
jug, can, cask, barrel, keg, hogshead or other
receptacle or container whatsoever, used,
corked or capped, sealed and labeled by the
manufacturer of alcoholic liquor, to contain
and to convey any alcoholic liquor.
(10) Retailer means a person who sells at retail,
or offers for sale at retail, alcoholic liquors.
(11) Sale means any transfer, exchange or bar-
ter in any manner or by any means what-
soever for a consideration and includes all
sales made by any person, whether princi-
pal, proprietor, agent, servant or employee.
(12) Sell at retail and sale at retail refer to and
mean sales for use or consumption and not
for resale in any form and sales to clubs
licensed pursuant to article 26 of chapter
41 of the Kansas Statutes Annotated. "Sell
at retail" and "sale at retail" do not refer
to or mean sales by a club licensed pursu-
ant to article 26 of chapter 41 of the Kan-
sas Statutes Annotated.
(13) Spirits means any beverage which contains
alcohol obtained by distillation, mixed with
water or other substance in solution, and
includes brandy, rum, whiskey, gin or other
spirituous liquors, and such liquors when
rectified, blended or otherwise mixed with
alcohol or other substances.
(14) To sell includes to solicit or receive an order
for, to keep or expose for sale and to keep
with intent to sell.
(15) Wine means any alcoholic beverage obtained
by the normal alcoholic fermentation of the
juice of sound, ripe grapes, fruits or ber-
ries, or other agricultural products, includ-
ing such beverages containing added alco-
hol or spirits or containing sugar added for
the purpose of correcting natural deficien-
cies. (Code 1966, ~ 6-1)
Cross reference-Definitions and rules of construction gen-
erally, * 1-2.
State law reference-Similar definitions, K.S.A. 41-102.
Sec. 5-17. General prohibition; exceptions.
(a) No person shall manufacture, bottle, blend,
sell, barter, transport, deliver, furnish or possess
any alcoholic liquor for beverage purposes, except
as specifically provided in this article and the
Kansas Liquor Control Act, except that nothing
contained therein shall prevent:
(1) The possession and transportation of alcoho-
lic liquor for the personal use of the posses-
sor, his or her family and guests except that
the provisions of KS.A. 41-1103 relating to
transportation and the provisions of KS.A.
41-407 shall be applicable to all persons;
(2) The making of wine, cider, or beer by a per-
son from fruits, vegetables or grains, or the
product thereof, by simple fermentation and
without distillation, if it is made solely for
the use of the maker and his or her family;
(3) Any duly licensed practicing physician or
dentist from possessing or using alcoholic li-
quor in the strict practice of his or her
profession;
(4) Any hospital or other institution caring for
the sick and diseased persons, from possess-
ing and using alcoholic liquor for the treat-
ment of bona fide patients of such hospital or
institution;
(5) Any drugstore employing a licensed pharma-
cist from possessing and using alcoholic li-
quor in the compounding of prescriptions of
duly licensed physicians;
(6) The possession and dispensation of wine by
an authorized representative of any church
for the purpose of conducting any bona fide
rite or religious ceremony conducted by such
church; or
(7) The purchase, possession or sale of alcoholic
liquor by a club licensed pursuant to KS.A.
article 26 of chapter 41.
220
e
e
e
-
e
ALCOHOLIC BEVERAGES
(b) None of the provisions of this article shall
apply:
(1) To flavoring extracts, syrups, or medicinal,
mechanical, scientific, culinary or toilet prepa-
rations, or food products unfit for beverage
purposes, but the provisions of this article
shall not be construed to exclude or not apply
to alcoholic liquor used in the manufacture,
preparation or compounding of such prepara-
tions and products;
(2) To wine intended for use and used by any
church or religious organization for sacramen-
tal purposes;
(3) To the manufacture of denatured alcohol pro-
duced in accordance with acts of congress and
regulations promulgated thereunder. (Code
1966, ~~ 6-2, 6-24)
State law reference-Similar provisions, KS.A. 41-104,
41-105.
Sec. 5-18. Days, hours when retail sale pro-
hibited.
No person shall sell at retail any alcoholic li-
quor within the corporate limits of the city:
(1) On the day of any national, state, county or
city election, including primary elections, dur-
ing the hours the polls are open;
(2) On the first day of the week, commonly called
Sunday;
(3) On Decoration or Memorial Day, Independ-
ence Day, Labor Day, Thanksgiving Day and
Christmas Day;
(4) Before 9:00 a.m. or after 10:00 p.m. on any
day when sale is permitted. (Code 1966, ~
6-4)
State law reference-Similar provisions, K.S.A. 41-712.
Sec. 5-19. Mixing drinks on retailer's prem-
ises prohibited.
It shall be unlawful for a retailer of alcoholic
liquor to permit any person to mix drinks on or in
the licensed premises. (Code 1966, ~ 6-8)
State law reference-Similar provisions, K.S.A. 41-713.
~ 5-22
Sec. 5-20. Employment of certain persons by
retailers prohibited.
(a) It shall be unlawful for a retailer of alco-
holic liquor to employ any person under the age
of twenty-one (21) years in connection with the
operation of such retail establishment.
(b) It shall be unlawful for a retailer of alco-
holic liquor to employ any person in connection
with the operation of such retail establishment
who has been adjudged guilty of a felony. (Code
1966, ~~ 6-9, 6-10)
Cross reference-Minors generally, Ch. 21.
State law reference-Similar provisions, KS.A. 41-713.
Sec. 5-21. Unlawful acts by minors.
No minor shall represent that he is of age for
the purpose of asking for, purchasing or receiving
alcoholic liquor from any person except in cases
authorized by law. No minor shall attempt to
purchase or purchase alcoholic liquor from any
person. No minor shall possess alcoholic liquor.
No person shall knowingly sell, give away, dis-
pose of, exchange or deliver, or permit the sale,
gift or procuring of any alcoholic liquor to or for
any person who is a minor or an incapacitated
person, or any person who is physically or men-
tally incapacitated by the consumption of such
liquor. Any person violating any of the provisions
of this section shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be pun-
ished by a fine of not more than two hundred
dollars ($200.00) or by imprisonment for not to
exceed thirty (30) days, or both such fine and
imprisonment in the discretion of the court. (Code
1966, ~~ 6-12-6-16)
Cross reference-Minors generally, Ch. 21.
State law reference-Similar provisions, KS.A. 41-715.
Sec. 5-22. Sale to be only in original packages.
No person, except a manufacturer, distributor
or wholesaler, shall fill or refill, in whole or in
part, any original package of alcoholic liquor with
the same or any other kind or quality of alcoholic
liquor; and it shall be unlawful for any person to
have in his possession for sale at retail any bot-
tles, cask or other containers containing alcoholic
221
~ 5-22
SALINA CODE
liquor, except in original packages. (Code 1966, ~
6-17)
State law reference-Similar provisions, K.S.A. 41-718.
Sec. 5-23. Possession, transportation regu-
lated.
Subject to the limitations hereinafter provided,
the possession and transportation of alcoholic li-
quor for personal use only shall be legal:
(1) Transporting. It shall be unlawful for any
person to transport in any vehicle upon a
public highway, street or alley, within the
corporate limits of the city, any alcoholic li-
quor, except in the original package or con-
tainer which shall not have been opened and
the seal upon which shall not have been bro-
ken and from which the original cap or cork
shall not have been removed, unless the opened
package or container is in the locked rear
trunk or rear compartment, or any locked
outside compartment which is not accessible
to the driver or any other person in said ve-
hicle while it is in motion. Any person violat-
ing this section shall be deemed guilty of a
misdemeanor, and upon conviction thereof,
shall be punished by a fine of not more than
two hundred dollars ($200.00), or by impris-
onment for not more than six (6) months or
by both such fine and imprisonment.
(2) Possessing. It shall be unlawful for any per-
son to have in his possession any cask or
package of alcoholic liquor without having
thereon each mark and stamp required by
the Kansas Liquor Control Act, being K.S.A.
Chapter 41, Articles 1 through 11; provided,
that nothing herein contained shall apply to
the possession and transportation of alcoholic
liquors by any manufacturer, wholesaler, dis-
tributor, retailer, nonbeverage user or com-
mon carrier operating pursuant to the provi-
sions of the Kansas Liquor Control Act, being
K.S.A. Chapter 41, Articles 1 through 11, or
to the possession and transportation of wine
imported solely for use by any church or reli-
gious organization for sacramental purposes
and uses. (Code 1966, ~ 6-21)
Cross reference-Traffic and motor vehicles, Ch. 38.
State law reference-Similar provisions, K.S.A. 41-407,
41-804.
Sec. 5-24. Consumption in public places.
The offense of consuming alcoholic liquor in
public places is covered in Charter ordinance no.
14. (Code 1966, ~ 6-22)
Cross references-Consumption of cereal malt beverages
in public streets, ~ 5-68; streets, sidewalks and other public
places, Ch. 35; Charter ordinance no. 14, App. A.
State law reference-Similar provisions, K.S.A. 41-719.
Sec. 5-25. Consumption in the Salina Bicen-
tennial Center.
It shall be lawful to drink, or consume, alco-
holic liquor within the confines of the Salina
Bicentennial Center at such time and in such
places as approved by the rules and regulations
adopted for the operation of the Salina Bicenten-
nial Center pursuant to state statute. (Code 1966,
~ 6-25)
Sec. 5-26. Open saloons prohibited.
It shall be unlawful for any person to own,
maintain, operate or conduct either directly or
indirectly, an open saloon, within the corporate
limits of the city. For the purposes of this section
the words "open saloon" means any place, public
or private, where alcoholic liquor is sold or of-
fered for sale or kept for sale by the drink or in
any quantity ofless than two hundred (200) milli.
liters (6.8 fluid ounces) or sold or offered or kept
for sale for consumption on the premises where
sold, but does not include any club licensed pur-
suant to K.S.A. article 26 of chapter 41. Any per-
son violating the provisions of this section shall
be deemed guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine of
not more than five hundred dollars ($500.00) and
by imprisonment for not more than ninety (90)
days. (Code 1966, ~ 6-23)
State law reference-Similar provisions, K.S.A. 41-803.
Sees. 5-27-5-35. Reserved.
DIVISION 2. RETAILER'S LICENSE*
Sec. 5-36. State retailer's license required.
Alcoholic liquor at retail within the corporate
limits of the city unless such person shall be li-
*Cross reference-Licenses generally, Ch. 20.
State law reference-Licensing of alcoholic liquor, K.S.A.
41-301 et seq.
222
e
e
e
e
e
ALCOHOLIC BEVERAGES
censed therefor under the provisions of the Kan-
sas Liquor Control Act, being K.S.A. Chapter 41,
Articles 1 through 11. (Code 1966, ~ 6-4)
Sec. 5-37. State retailer's license prerequisite
to city license.
A holder of a license for the retail sale of alco-
holic liquors by the package in the city, issued by
the state director of alcoholic beverage control,
shall present such license when applying to pay
the license tax levied in section 5-38 and the tax
shall be received and receipt issued for the period
covered by the state license by the city clerk.
(Code 1966, ~ 6-5)
Sec. 5-38. Retailer's license tax levied.
There is hereby levied an annual occupation or
license tax on each retailer of alcoholic liquor
(including beer containing more than three and
two-tenths (3.2) percent of alcohol by weight) for
consumption off the premises (sales in the origi-
nal package only) in the sum of three hundred
dollars ($300.00) in the city, who has a retailer's
license issued by the state director of alcoholic
beverage control, which tax shall be paid before
business is begun under an original state license
and within ten (10) days after any renewal of a
state license. (Code 1966, ~ 6-3)
State law reference-Authority to levy retailer's license
tax, K.S.A. 41-310.
Sec. 5-39. Penalty for failure to have city re-
tailer's license.
Any person having a state license to retail al-
coholic liquor by the package who shall fail to pay
the license tax levied by section 5-38 and within
the time prescribed shall, upon conviction there-
of, be fined not more than one hundred dollars
($100.00) for each day's violation; provided, that
nothing herein shall be construed to prohibit the
city from collecting the occupation tax by any
procedure authorized by law. (Code 1966, ~ 6-6)
Sees. 5-40-5-50. Reserved.
~ 5-65
DIVISION 3. DISTRIBUTOR'S LICENSE*
Sec. 5.51. State distributor's license pre-
requisite to city license.
The holder of a license as an alcoholic liquor
distributor issued by the state director of alco-
holic beverage control shall present such license
when applying to pay the license tax levied in
section 5-52 and the tax shall be received and a
receipt issued for the period covered by the state
license. (Code 1966, ~ 6-19)
Sec. 5-52. Distributor's license tax levied.
There is hereby levied an annual occupation or
license tax on each alcoholic liquor distributor in
the amount of one thousand two hundred fifty
dollars ($1,250.00), with premises situated within
the corporate limits of the city, which distributor
has a distributor's license issued by the state di-
rector of alcoholic beverage control, and the tax
shall be paid within ten (10) days after the issu-
ance of any license unto any such distributor, or
any renewal of a license issued unto such distrib-
utor by the state director of alcoholic beverage
control. (Code 1966, ~ 6-18)
Sec. 5-53. Penalty for violations by dis-
tributors.
Any firm, copartnership, association or corpo-
ration having a state license as an alcoholic li-
quor distributor which shall fail to pay a license
tax herein levied and within the time prescribed
hereunder, or who shall violate any other provi-
sion of this article shall, upon conviction thereof,
be fined not more than one hundred dollars ($100.00)
for each day's violation; provided, that nothing
herein shall be construed to prohibit the city from
collecting the license tax by any procedure au-
thorized by law. (Code 1966, ~ 6-20)
Sees. 5.54-5-65. Reserved.
.Cross reference-Licenses generally, Ch. 20.
State law reference-Licensing of alcoholic liquor, K.S.A.
41-301 et seq.
223
~ 5-66
SALINA CODE
ARTICLE III. CEREAL MALT
BEVERAGES.
DIVISION 1. GENERALLY
Sec. 5-66. Definitions.
As used in this article, the words and phrases
herein defined shall have the following meanings
unless the context otherwise requires:
(1) Cereal malt beverages means any fermented
but undistilled liquor brewed or made from
malt or from a mixture of malt/or malt sub-
stitute, but does not include any such liquor
which is more than three and two-tenths (3.2)
percent alcohol by weight.
(2) Licensee is a person who has a license as
herein required.
(3) Place of business shall mean any place at
which cereal malt beverages are sold.
(4) Retailer means any person who sells or offers
for sale any cereal malt beverage for use or
consumption and not for resale in any form.
(5) Wholesaler or distributor shall mean individu-
als, firms, copartnerships, corporations and as-
sociations which sell or offer for sale any bev-
erage referred to in this article, to persons,
copartnerships, corporations and associations
authorized by this article to sell cereal malt
beverages at retail. (Code 1966, ~ 6-35)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
State law reference-Similar definitions, K.S.A. 41-2701.
Sec. 5-67. Hours, days sales and consumption
prohibited.
No cereal malt beverages may be sold, or may
be consumed in any licensed premises open to the
public, between the hours of 12:00 midnight and
6:00 a.m. or on Sunday or on the day of any
national, state, county or local elections includ-
ing primary elections, during hours the polls are
open, within the political area in which such elec-
tion is held. (Code 1966, ~ 6-48)
State law reference-Similar provisions, K.S.A. 41-2704.
.Cross reference-Cereal malt beverage licenses, App. A,
Charter ord. no. 10.
State law reference-Cereal malt beverages, K.S.A. 41-2701
et seq.
Sec. 5-68. Consuming in public streets.
Within the corporate limits of the city, it shall
be unlawful to drink or consume cereal malt bev-
erages upon the public streets, alleys, roadways
or highways, or inside any vehicle while upon the
public streets, alleys, roads or highways. (Code
1966, ~ 6-49)
Cross references-Consumption of alcoholic liquor in pub-
lic places, ~ 5-24; streets, sidewalks and other public places,
Ch.35.
Sec. 5-69. Place of business to be open to
public and police.
A place of business in which cereal malt bever-
ages are sold shall be open to the public and to
the police at all times during business hours; pro-
vided that a premises licensed as a club under a
license issued by the state director of alcoholic
beverage control need only be open to the police.
(Code 1966, ~ 6-51)
State law reference-Similar provisions, K.S.A. 41-2704.
Sec. 5-70. Possessing alcoholic liquor in
premises.
No person shall have any alcoholic liquor in his
possession while in a place of business where ce-
real malt beverages are sold unless the premises
are currently licensed as a club. (Code 1966, ~
6-52)
State law reference-Similar provisions, K.S.A. 41-2704.
Sec. 5-71. Furnishing to minor under eighteen.
No person shall knowingly or unknowingly sell,
give away, dispose of, exchange and deliver, or
permit the sale, giving away, or procuring of any
cereal malt beverage for or to any person below
the age of eighteen (18) years. (Code 1966, ~ 6-53)
Cross reference-Minors generally, Ch. 21.
State law reference-Similar provisions, K.S.A. 41-2704.
Sec. 5-72. Misrepresenting age.
No person under the age of eighteen (18) years
shall represent that he is of the age of eighteen
(18) years or over for the purpose of asking for,
purchasing or obtaining by any means any cereal
malt beverage from any person whatsoever. (Code
1966, ~ 6-54)
Cross reference-Minors generally, Ch. 21.
State law reference-Similar provisions, K.S.A. 41-2704.
224
e
e
e
-
e
ALCOHOLIC BEVERAGES
Sec. 5-73. Loitering by persons under eighteen.
No person under the age of eighteen (18) years
shall enter into or loiter about any place of busi-
ness selling cereal malt beverages; provided, that
such restriction shall not apply to the premises of
a retailer who sells cereal malt beverages for
consumption off his premises only, or to places
where the major income is from the sale of food
for consumption on the premises, or a premise for
which a bowling alley license has been issued by
the city for the current year, or the Salina Bicen-
tennial Center. (Code 1966, ~ 6-55)
Cross reference-Minors generally, Ch. 21.
Sec. 5.74. Committing act that is grounds for
revocation prohibited.
It is hereby made unlawful for any person to
commit any act which is made a cause for the
revocation of any license under this article. (Code
1966, ~ 6-57)
Sec. 5-75. Intoxication and disorderly conduct.
No licensee shall sell or use or give away or
permit the sale or use or giving away within or
upon such licensed premises by any person, of
any intoxicating liquor of any kind, nor shall such
licensee permit any intoxicated person to be or
remain upon any such licensed premises, or per-
mit any disorderly conduct in such premises, at
any time, and the presence of any intoxicated
person in or upon any such licensed premises, or
the existence of any disorderly conduct by any
persons in or upon the premises, at any time,
shall be deemed to be conclusive evidence that
such intoxicated person is there, or that such dis-
orderly conduct exists, with the permission of such
licensee. (Code 1966, ~ 6-63)
Sec. 5-76. Licensee responsible for acts of
employees.
Every person to whom any license is issued
under this article shall be responsible for the acts
and conduct of all persons engaged in managing,
conducting or carrying on such licensed business
and for the acts and conduct of all employees
engaged in carrying on such business and the
violation by any such person shall be deemed the
~ 5-80
act of the licensee for all of the purposes of this
article. (Code 1966, ~ 6-65)
Sec. 5-77. General cleanliness and sanitation.
Every place of business licensed under this ar-
ticle and all equipment used in connection with
the sale of cereal malt beverages and all persons
employed in such places of business shall be kept
in a clean and sanitary condition and no person
shall be employed in or about such business place
who is not in good health or who is afflicted with
or suffering from any infectious or contagious dis-
ease. (Code 1966, ~ 6-66)
Sec. 5.78. Inspection of premises.
All premises where any business is conducted
under any license issued pursuant to this article
shall be open for inspection by police officers of
the city at all times, and every person to whom
any such license is issued and every employee of
such person shall disclose to any officer of the
city, upon demand, all information relating to the
source of supply of the beverage sold by him or in
his possession, when and from whom the same
was purchased and any other information pertain-
ing to the same which may be required by any
such officer. (Code 1966, ~ 6-62)
Sec. 5.79. Samples for analysis.
Every licensee shall, upon demand of any po-
lice officer or any other officer of the city, furnish
to any such officer without compensation at least
two (2) samples of each and every kind of charac-
ter of beverage which is in the possession of any
such licensee in any such place of business for the
purpose of examining and testing the same. (Code
1966, ~ 6-60)
Sec. 5-80. Wholesalers, distributors to be li-
censed by state.
It shall be unlawful for any wholesaler or dis-
tributor, his or its agents or employees, to sell or
deliver cereal malt beverages within this city to
persons authorized under this article to sell the
same within the city unless such wholesaler or
distributor has first secured a license from the
225
~5-80
SALINA CODE
director of revenue of the state authorizing such
sales. (Code 1966, ~ 6-68)
Sec. 5-81. Restrictions as to brewers, manu-
facturers, distributors, agents and
wholesalers.
(a) It shall be unlawful for any brewer or brew-
ers to sell, deliver or distribute cereal malt bev-
erages or malt products in the state except to a
licensed wholesaler of such.
(b) (1) Except as provided in paragraph (2) of
this subsection (b), no manufacturer,
distributor, agent or wholesaler shall:
a. Directly or indirectly sell, supply,
furnish, give, pay for, loan or lease
any furnishings, fixture or equip-
ment on the premises of a place of
business of a retailer;
b. Directly or indirectly pay for any
retailer's license or advance, fur-
nish, lend or give money for pay-
ment of such license;
c. Purchase or become the owner of
any note, mortgage or other evi-
dence of indebtedness of a retailer
or any form of security therefor;
d. Directly or indirectly be interested
in the ownership, conduct or oper-
ation of the business of any retail-
er; or
e. Be directly or indirectly interested
in or owner, part owner, lessee or
lessor of any premises upon which
cereal malt beverages are sold at
retail.
(2) A distributor, agent or wholesaler may
sell tapping and dispensing equipment,
as defined by rules and regulations
adopted by the secretary of revenue, at
not less than the cost paid for such
equipment by the distributor, agent or
wholesaler. The terms of any such sale
shall comply with the provisions of
K.S.A. 41-2706. Such sales shall not be
subject to any repurchase agreement.
(c) No manufacturer, distributor or wholesaler
shall, directly or indirectly or through a subsid-
iary or affiliate, or by any officer, director or firm
of such manufacturer, distributor or wholesaler,
furnish, give, lend or rent any interior decora-
tions other than signs, costing in the aggregate
more than one hundred dollars ($100.00) in any
one calendar year for use in or about or in connec-
tion with anyone establishment on which prod-
ucts of the manufacturer, distributor or whole-
saler are sold.
(d) No person engaged in the business of manu-
facturing, distributing or wholesaling cereal malt
beverages shall, directly or indirectly, pay for or
advance, furnish or lend money for the payment
of any license for another.
(e) Any licensee who shall permit or assent, or
be a party in any way to any violation or in-
fringement of the provisions of this section, shall
be deemed guilty of a violation of this act, and
any money loaned contrary to a provision of this
article shall not be recovered back, or any note,
mortgage or other evidence of indebtedness, or
security, or any lease or contract obtained or made
contrary to this article shall be unenforceable and
void.
CD No wholesaler or distributor shall sell any
cereal malt beverage to any person who has not
secured a license as provided for in this article
and no wholesaler or distributor shall sell any
cereal malt beverage to any retailer located out-
side the geographic area designated in the whole-
saler's or distributor's application for a license
pursuant to K.S.A. 79-3837, and any amendments
thereto, except that if any wholesaler or distribu-
tor shall refuse to sell any cereal malt beverage
or provide service in connection therewith to any
retailer located within such wholesaler's or dis-
tributor's geographic territory, it shall be lawful
for any other wholesaler or distributor to sell any
such cereal malt beverage to such retailer.
(g) (1) Except as provided in paragraph (2) of
this subsection (g), no brewer or brew-
eries shall directly or indirectly or
through a subsidiary or affiliate, or by
any officer, director or firm of such
brewer or breweries:
a. Furnish, give or lend money for
the payment of any license for any
wholesaler for the payment of any
226
e
e
e
-
e
ALCOHOLIC BEVERAGES
license for any wholesaler in the
state;
b. Have or own any financial inter-
est directly or indirectly in the
ownership, conduct or operation of
the business of any wholesaler in
the state;
c. Be directly or indirectly interested
in or owner, part owner, lessee or
lessor of any premises upon which
cereal malt beverages are sold at
wholesale; or
d. Engage in the wholesale distribu-
tion of cereal malt beverages or
malt products in the state.
(2) Nothing herein shall be construed to
prohibit brewers from making sale and
deliveries of cereal malt beverages or
malt products to licensed wholesalers
in the state or to a branch, subsidiary
or affiliate located in the state, from
which, on or before January 14, 1947,
it had been dispensing at wholesale
cereal malt beverage or malt products
and for which it holds, directly or indi-
rectly, a license and pays a license tax
as provided for in K.S.A. 79-3837 and
any amendments thereto.
(h) Nothing contained in this section shall make
it unlawful for any person to be a member of a
club licensed as such by the director of alcoholic
beverage control nor shall membership in such a
club by any person constitute a disqualification of
any person for any license under this article. (Code
1966, ~ 6-67)
State law reference-Similar provisions, K.S.A. 41-2705.
Sees. 5-82-5-90. Reserved.
DIVISION 2. RETAILER'S LICENSE*
Sec. 5-91. Required.
No person shall sell any cereal malt beverage
at retail without first having secured a license for
each place of business which such person desires
to operate within the corporate limits of the city,
as herein provided and a person having only a
license to sell at retail cereal malt beverages as a
.Cross reference-Licenses generally, Ch. 20.
State law reference-Retailers' licenses, K.S.A. 41-2702.
~ 5-92
retailer for consumption off the premises as des-
ignated in this article shall not sell any such
beverage in any other manner, and a person hav-
ing only a license to sell cereal malt beverages as
a general retailer shall not sell any such bever-
age in any other manner than that covered by
such license; provided, that a general retailer may
also secure a license as a retailer for consumption
off the premises on complying with the require-
ments of this article and securing an additional
license as a retailer for consumption off the prem-
ises. (Code 1966, ~ 6-36)
Sec. 5-92. Application.
(a) Any person desiring a retail license shall
make application to the board of commissioners
and accompany the application with the required
license fee for each place of business for which the
person desires the license. The application shall
be verified, and upon a form prepared by the at-
torney general of the state and shall contain such
information as the board of commissioners may
require which shall include the following:
(1) The name and residence of the applicant and
how long he has resided within the state;
(2) The particular place for which a license is de-
sired;
(3) The name of the owner of the premises upon
which the place of business is located;
(4) A statement that the applicant is a citizen of
the United States and not less than twenty-
one (21) years of age and that he has not
within two (2) years immediately preceding
the date of making application been convicted
of a felony or any crime involving moral turpi-
tude, drunkenness, driving a motor vehicle
while under the influence of intoxicating li-
quor or the violation of any other intoxicat-
ing liquor law of any state or of the United
States.
(b) Each application, in case the applicant is a
corporation, shall be accompanied by affidavits
executed by each officer, director and stockholder
owning in the aggregate more than twenty-five
(25) percent of the corporation's stock, and of the
manager of such business, containing the same
information as hereinabove required of an indi-
227
~ 5-92
SALINA CODE
vidual applicant, and in case the applicant is a
partnership, firm or association, the application
shall be accompanied by affidavits duly executed
by each member of such firm, copartnership or
association, and of the manager of such business,
containing the same information. (Code 1966, ~
6-39)
State law reference-Similar provisions, KS.A. 41-2702.
Sec. 5-93. Fees.
(a) License fees under this division shall be pre-
scribed in section 2-2.
(b) The full amount of the retail license fee
shall be required regardless of the time of the
year in which the application for a license here-
under is made and the licensee shall only be au-
thorized to operate under the license for the re-
mainder of the calendar year in which the license
is issued. (Code 1966, ~~ 6-37,6-38)
Cross reference-Authority to establish license fees, App.
A, Charter ord. no. 10.
State law reference-Authority for license fees, K.S.A.
41-2702.
Sec. 5-94. Persons not entitled to retail li-
cense.
No retail license required by this division shall
be issued to:
(1) Residency. A person who is not a resident of
the county and who has not been a resident
in good faith of the State of Kansas for at
least one (1) year prior to the application and
a resident of the county for at least six (6)
months prior to the application.
(2) Good character and reputation. A person who
is not of good character and reputation in the
community in which he resides;
(3) Citizenship. A person who is not a citizen of
the United States;
(4) Criminal record. A person who within two (2)
years immediately preceding the date of mak-
ing application has been convicted of a felo-
ny, any crime involving moral turpitude,
drunkenness, driving a motor vehicle while
under the influence of intoxicating liquor, or
violation of any other intoxicating liquor law
of any state or of the United States;
(5) Partnership. A partnership, unless one of the
partners is a resident of the county, and un-
less all the members of such partnership
shall otherwise be qualified to obtain a li-
cense;
(6) Corporation. A corporation, if any manager,
officer or director thereof or any stockholder
owning in the aggregate more than twenty-
five (25) percent of the stock of such corpora-
tion, would be ineligible to receive a license
hereunder for any reason other than citizen-
ship and residency requirements;
(7) Manager or agent. A person whose place of
business is conducted by a manager or agent
unless the manager or agent possesses the
same qualifications required by the licensee.
(Code 1966, ~ 6-42)
State law reference-Similar provisions, KS.A. 41-2703.
Sec. 5-95. Prohibited in prohibited zone.
No retail license shall be issued for a place of
business located or to be located in a zone where
such place of business is prohibited under the
zoning ordinance. (Code 1966, ~ 6-43)
Sec. 5-96. Examination; investigation; is-
suance.
If the application for a retail license is in the
proper form and is accompanied by cash in the
amount of the license fee, the approval of the
zoning official, the health department and the
chief of police, the board of commissioners shall
approve the license and instruct the city clerk to
issue a retail license to the applicant. (Code 1966,
~~ 6-40,6-41)
State law reference-Similar provisions, KS.A. 41-2703.
Sec. 5-97. Journal to show action on retail
license application.
The journal of the board of commissioners shall
show the action taken on an application for a
retail license hereunder. (Code 1966, ~ 6-44)
Sec. 5-98. Application constitutes accept-
ance of regulations.
Every person shall by his application for a li-
cense under this division and by the acceptance
228
e
e
e
e
e
ALCOHOLIC BEVERAGES
thereof when issued, be deemed to have specific-
ally agreed to abide by and to be bound by all of
the rules, regulations and provisions set forth in
this article and by all other ordinances relating
to and regulating any such business and the man-
ner of sale of any such beverages. (Code 1966, ~
6-64)
Sec. 5-99. Transferability.
(a) The retail license required by this division
shall not be transferable under any circumstances
from one person to another or from or to any firm,
copartnership, corporation or association.
(b) The retail license required by this division
shall apply only to the premises described in the
application and in the license issued thereon, and
only one location shall be so described in each
license. After such retail license has been granted
for a particular premises, the license may not be
transferred by the same licensee from one loca-
tion to another until the city clerk shall upon
being authorized by the board of commissioners
endorse upon the license permission to transfer
the same to another location, but in order to ob-
tain such permission the retail licensee shall file
an application for retail license, which shall be
subject to examination and investigation the same
as if it were a new application and a statement
under oath which shall show that the premises to
which removal is to be made comply in all re-
spects with the requirements of this act. No such
removal shall be made by any licensee until his
license has been endorsed to that effect by the
city clerk.
(c) A retail license to sell cereal malt beverages
shall be purely a personal privilege, expiring on
the thirty-first day of December in the year is-
sued, unless sooner suspended or revoked, as in
this act provided, and shall not constitute proper-
ty, nor shall it be subject to attachment, garnish-
ment, or execution, nor shall it be alienable or
transferable, voluntarily or involuntarily, except
as stated in subsections (a) and (b) above, or
subject to being encumbered or hypothecated. Such
license shall not descend by the laws of testate or
interstate succession, but it shall cease or expire
upon the death of the licensee.
~ 5-102
(d) Whenever an application is made for a re-
tail license to be issued to a particular premise
upon which there is a current valid license, the
current retail license shall be delivered to the
city clerk and the city clerk shall cancel the same
upon the records of the city as of the date of
issuance of the new license. (Code 1966, ~ 6-45)
Sec. 5-100. Posting.
The retail license required by this division shall
be kept posted in a conspicuous place in the place
of business. (Code 1966, ~ 6-46)
Sec. 5-101. Contents of retail license.
The license shall state the name of the licensee,
the location of the place of business for which the
license is issued and the calendar year for which
it is issued, and that it is subject to revocation in
the manner provided by law and by this division.
(Code 1966, ~ 6-47)
Sec. 5-102. Revocation; notice; grounds.
The board of commissioners, upon five (5) days'
notice to persons holding any such license, shall
revoke such licenses for anyone of the following
reasons:
(1) If a licensee has fraudulently obtained the
license by giving false information in the
application therefor;
(2) If the licensee has violated any of the pro-
visions ofK.S.A. Chapter 41, Article 27, or
of this article or any other ordinance of the
city prescribing rules or regulations relat-
ing to cereal malt beverages as herein
defined;
(3) If the licensee has become ineligible to ob.
tain a license;
(4) Drunkenness of the person holding such
license or permitting an intoxicated person
to remain in such place;
(5) The sale of cereal malt beverages to those
under the age of eighteen (18) years;
(6) The nonpayment of any license fees;
229
~ 5-102
SALINA CODE
(7) For permitting any gambling in or upon
such premises;
(8) For permitting any person to mix drinks
with materials purchased in such place of
,business or brought in for this purpose, pro-
vided that this provision shall not apply if
such place of business or premises are also
currently licensed as a club;
(9) For the employment of persons under eigh-
teen (18) years of age in dispensing cereal
malt beverages;
(10) For the employment of persons who have
been adjudged guilty of felony or of any
violation of the intoxicating liquor law;
(11) For purchasing or displaying a federal re-
tail liquor tax stamp, expiring after June
30,1937, issued by the United States Trea-
sury Department, except where issued for
industrial, mechanical, scientific and me-
dicinal purposes;
(12) If any licensee whose principal business is
the sale of cereal malt beverages or "tap
beer" shall permit persons under eighteen
(18) years to enter into or loiter about his
place of business;
(13) For the licensee to fail to cause a sign to be
displayed at all times in a prominent place
at or near the entrances to his place of
business stating that no person under the
age of eighteen (18) years shall be permit-
ted on the premises;
(14) For the sale or possession of or for permit-
ting any person to use or consume upon or
in the premises alcoholic liquor as defined
by the laws of the state relating thereto,
provided that this provision shall not apply
if such place of business or premises are
also currently licensed as a club. (Code 1966,
~ 6-56)
State law reference-Similar provisions, KS.A. 41-2708.
Sec. 5-103. Appeal from revocation.
Within twenty (20) days after the order of the
board of commissioners revoking or suspending
any license, the licensee may appeal to the dis-
trict court of the county, and the district court
shall proceed to hear such appeal as though such
court had original jurisdiction of the matter. Any
appeal taken from an order revoking or suspend-
ing any such license shall not suspend the order
of revocation or suspension during the pendency
of the appeal. (Code 1966, ~ 6-58)
State law reference-Similar provisions, KS.A. 41-2708.
Sec. 5-104. Relicensing after revocation.
In case of the revocation of the license of any
licensee, no new license shall be issued to such
person or person acting for or on his behalf, for a
period of six (6) months thereafter, unless the
order of revocation shall be set aside by the dis-
trict court of the county on appeal. (Code 1966, ~
6-59)
State law reference-Similar provisions, KS.A. 41-2708.
Sees. 5-105-5-115. Reserved.
ARTICLE IV. PRIVATE CLUBS*
DIVISION 1. GENERALLY
Sec. 5-116. Definitions.
The following words and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
(1) Alcoholic liquor means alcohol, spirits, wine,
beer, and every liquid or solid, patented or
not, containing alcohol, spirits, wine or beer,
and capable of being consumed as a bever-
age by a human being, but shall not in-
clude any beer or cereal malt beverage con-
taining not more than three and two-tenths
(3.2) percent of alcohol by weight.
(2) Beneficial interest shall not include any in-
terest a person may have as owner, opera-
tor, lessee or franchise holder of a licensed
hotel or motel on which the club premises
are located.
(3) Club means an organization licensed under
this article to which the club members shall
be permitted to resort for the purpose of
consuming alcoholic liquor.
*State law reference-Licensing and regulation of clubs,
KS.A. 41-2601 et seq.
230
e
e
e
-
e
ALCOHOLIC BEVERAGES
(4) Food means any raw, cooked or processed
edible substance or ingredient, other than
alcoholic liquor or cereal malt beverage,
used or intended for use or for sale, in whole
or in part, for human consumption.
(5) Minor means any person under twenty-one
(21) years of age.
(6) Original package means any bottle, flask,
jug, can, cask, barrel, keg, hogshead or other
receptacle or container whatsoever used,
corked or capped, sealed and labeled by the
manufacturer of alcoholic liquor, to contain
and to convey any alcoholic liquor.
(7) Restaurant means a licensed food service
establishment, as defined by KS.A. 36-501
and amendments thereto, which, as deter-
mined by the director, derives not less than
fifty (50) percent of its gross receipts in
each calendar year from the sale of food for
consumption on the club premises.
(8) Sale means any transfer, exchange or bar-
ter in any manner or by any means what-
soever for a consideration, and includes and
means all sales made by any person, whether
principal, proprietor, agent, servant or em-
ployee.
(9) To sell includes to solicit or receive an order
for, to keep or expose for sale and to keep
with intent to sell.
Cross reference-Definitions and rules of construction gen-
erally. ~ 1.2.
State law reference-Similar definitions, K.S.A. 41.2601.
Sec. 5-117. Class "A" club.
A class "A" club shall be a premises owned or
leased and operated by a corporation, partnership,
business trust, or association for the exclusive
use of the corporate stockholders, partners, trust
beneficiaries or associates (hereinafter referred to
as members), their families and invited and accom-
panied guests, and which is not operated for a
profit other than such as would accrue to the
entire membership. A corporation, partnership,
business, trust, or association not operated for a
profit, for the purposes of the definition of a class
"A" club shall only include such a corporation,
partnership, business trust, or association which
~ 5-119
has been determined by the state director of alco-
holic beverage control to be a bona fide nonprofit
social, fraternal or war veterans club.
State law reference-Similar provisions, K.S.A. 41-2601.
Sec. 5-118. Class "B" club.
A class "B" club shall consist of a premises
operated for profit by a corporation, partnership
or individual, known as the management, to which
premises the management allows persons, known
as members, to resort for the consumption of food
or alcoholic beverages and for entertainment. As
a prerequisite for attaining membership the man-
agement must screen the applicants for good
moral character. No membership may be granted
within ten (10) days of the application therefor.
Each membership must be renewable annually
upon payment of the annual dues of at least ten
dollars ($10.00); provided, however, any class "B"
club located on the premises of a hotel as defined
in KS.A. 36-501 may establish rules whereby
guests registered at the hotel, who are not resi-
dents of the county in which the club is located,
may file application for temporary membership
in the club, which membership, if granted, shall
only be valid for the period of time they are a
bona fide registered guest at the hotel. Such tem-
porary membership shall not be subject to the
waiting period or dues requirement contained in
this section.
State law reference-Similar provisions, K.S.A. 41-2601.
Sec. 5-119. Consumption of alcoholic liquor
authorized.
(a) The consumption of alcoholic liquor by any
person twenty-one (21) years of age or over shall
be authorized in this city;
(1) Upon private property by those occupying
such private property as an owner or as the
lessee of an owner and by the guests of the
owner or lessee provided that no charge is
made by the owner or lessee for the serving
or mixing of any drink or drinks of alcoholic
liquor or for any substance comixed with any
alcoholic liquor; and if no sale of alcoholic
liquor in violation of KS.A. 41-803 takes place
on such private property;
231
~ &-119
SALINA CODE
(2) At a club licensed by the state alcoholic bev-
erage control board;
(3) In a lodging room of any hotel, motel or
boarding house by the occupant of the lodg-
ing room or the occupant's guests provided
the occupant is not engaged in a sale of li-
quor in violation of KS.A. 41-803; and if the
occupant makes no charge for serving or mix-
ing any drink or drinks of alcoholic liquor, or
for any substance comixed with any alco-
holic liquor;
(4) In a private dining room of a hotel, motel or
restaurant when the dining room is rented or
made available on a special occasion to an
individual or organization for a private party
and if no sale or alcoholic liquor in violation
of KS.A. 41-803 takes place at the private
party.
(b) The consumption of alcoholic liquor at any
place other than that provided in this section shall
be deemed to be the consumption of alcoholic li-
quor in a place in which the general public has
access.
State law reference-Similar provisions, KS.A. 41-2602,
41-2603.
Sec. 5-120. Responsibility for violations on
property; abatement.
(a) Any person allowing consumption of alco-
holic liquor in violation of this article on any
property owned, leased or otherwise under his
control shall, upon conviction, be deemed guilty
of a misdemeanor.
(b) The property on which the violation takes
place is declared to be a common nuisance and as
such is subject to abatement as provided for any
other liquor nuisance in KS.A. 41-805.
State law reference-Similar provisions, KS.A. 41-2604.
Sec. 5-121. Regulations governing licensee.
It shall be unlawful for a club licensee:
(1) To employ any person under the age of
twenty-one (21) years in connection with the
dispensing or serving of alcoholic liquor or
the mixing of drinks containing alcoholic liquor;
(2) To employ knowingly or continue in employ-
ment any person in connection with the dis-
pensing or serving of alcoholic liquor or the
mixing of drinks containing alcoholic liquor
who has been adjudged guilty of a felony or of
any crime involving a morals charge in this
or any other state, or of the United States.
For the purposes of this subsection, the term
"morals charge" shall include those charges
involving prostitution, procuring any person,
soliciting of a child under eighteen (18) for
any immoral act involving sex, possession or
sale of narcotics, marijuana, amphetamines
or barbiturates, rape, incest, gambling, ille-
gal cohabitation, adultery, bigamy, or crimes
against nature;
(3) To employ knowingly or to continue in em-
ployment any person in connection with the
dispensing or serving of alcoholic liquor or
the mixing of drinks containing alcoholic li-
quor who has been adjudged guilty of a viola-
tion of any intoxicating liquor law of this or
any other state, or of the United States, dur-
ing the two (2) year period immediately fol-
lowing such adjudging;
(4) To fail to maintain at the licensed premises a
current list of all club members and their
residence addresses;
(5) To refuse to allow the city attorney or any
authorized agents or any police or peace offi-
cer to inspect the current list of the members
of the club;
(6) To purchase alcoholic liquor from any person
except from a person holding a valid license
to sell alcoholic liquor at retail.
State law reference-Similar provisions, KS.A. 41-2610.
Sec. 5-122. Right of inspection by city.
The right of immediate entry and inspection at
any time on any premises licensed as a club under
this article or of any premises subject to the con-
trol of any club licensed under this article by any
duly authorized officer or agent of the city or by
any peace officer shall be a condition on which
every club license shall be issued and the applica-
tion for and acceptance of any club license here-
232
e
e
e
e
e
ALCOHOLIC BEVERAGES
under shall conclusively be deemed to be the con-
sent of the applicant and licensee to such immediate
entry and inspection. Upon the refusal of any
club licensee to permit immediately entry and
inspection, the city attorney shall immediately
report such refusal to the state director of alco-
holic beverage control.
State law reference-Similar provisions, KS.A. 41-2613.
Sec. 5-123. Hours of operation.
No club shall allow the serving, mixing or con-
sumption of alcoholic liquor on its premises be
tween the hours of 3:00 a.m. and 9:00 a.m. on any
day other than a Sunday nor between the hours
of 3:00 a.m. and 12:00 noon on a Sunday.
State law reference-Similar provisions, KS.A. 41-2614.
Sec. 5-124. Consumption by minors pro-
hibited.
No club shall knowingly or unknowingly per-
mit the consumption of alcoholic liquor or cereal
malt beverages on his premises by a minor and
no minor shall consume or attempt to consume
any alcoholic liquor or cereal malt beverage while
in or upon the premises of a club licensed here-
under or as prohibited by K.S.A. 41-715 and any
amendment thereto. The owner of any club, any
officer or any employee thereof, who shall permit
the consumption of alcoholic liquor or cereal malt
beverages on the premises of the club by a minor
shall be deemed guilty of a misdemeanor.
Cross reference-Minors generally, Ch. 21.
State law reference-Similar provisions, KS.A. 41-2615.
Sec. 5-125. Search of nonlicensed clubs.
The existence of any establishment, room or
place purporting to be a club or being held out to
the public or any person by the proprietors of the
establishment, room or place or their agents or
employees to be a club unless a club license has
been issued by the city for such establishment,
room or place shall be deemed to be sufficient
probable cause for any judge of the district court
to issue a search warrant to any peace officer for
the purpose of searching the establishment, room
or place for alcoholic liquor being sold, possessed
or consumed in violation of this article, any other
law of the state, or any ordinance of the city.
State law reference-Similar provisions, KS.A. 41-2619.
~ 5-139
Secs. 5-126-5-135. Reserved.
DIVISION 2. LICENSE*
Sec. 5-136. Required.
It shall be unlawful for any individual, firm,
copartnership, corporation or association, either
ilS principal, officer, agent, servant or employee,
to conduct, pursue, carryon and operate in the
city a class B club without having first paid to the
city clerk the license fee hereinafter provided and
having procured a license from the board of com-
missioners. (Code 1966, ~ 6-79)
State law reference-Club license required, KS.A. 41-2620.
Sec. 5-137. Application.
Any person desiring a license under this divi-
sion shall make application to the city clerk and
accompany the application with the required li-
cense fee for each place of business for which the
person desires the license. The application shall
be on such form and contain such information as
required by the city.
Sec. 5-138. Applicant to have state license.
A holder of a license for a class B club in the
city issued by the state director of alcoholic bev-
erage control shall present such license when ap-
plying to pay the license tax levied in section
5-139 and the tax shall be received and receipt
issued for the period covered by the state license
by the city clerk. (Code 1966, ~ 6-81)
Sec. 5-139. License tax levied.
There is hereby levied an annual occupation or
license tax on each operator of a class B club in
the sum of two hundred fifty dollars ($250.00),
who has a class B club license issued by the state
director of alcoholic beverage control, which tax
shall be paid before business is begun under an
original state license and within ten (10) days
after any renewal of the state license. (Code 1966,
~ 6-80)
State law reference-Authority for levy of license fee, KS.A.
41-2622.
.Cross reference-Licenses generally, Ch. 20.
233
~ 5-.40
SALINA CODE
Sec. 5-140. Restrictions barring issuance. (9) Nonownership of premises. A person who
No club license shall be issued under the provi- does not own the premises for which a li-
sions of this division to: cense is sought or does not have a written
lease thereon for at least three-fourths of
(1) Citizenship. A person who has not been a the period for which the license is to be
citizen of the United States for at least ten issued;
(10) years; (10) Spouse. Any person if the spouse of such
(2) Felon. A person who has been convicted of person would be ineligible to receive such a
or has pleaded guilty to a felony under the license hereunder for any reason other than
laws of this state or any other state or of citizenship and residence requirements or
. the United States; age;
(3) Keeper of house of ill fame. A person who (11) County residency. A person who is not a
has been convicted of or has pleaded guilty resident of the county;.
to being the keeper or is keeping a house of (12) State residency. A person who has not been
ill fame or shall have forfeited bond to ap- a resident of the county for at least one
pear in court to answer charges for any year immediately preceding the date of ap-
such violation; plication or a person who has not been a
(4) Proprietor of gambling house or other mis- resident of the state for a total of at least
demeanor opposed to decency and morality. five (5) years preceding the date of application;
A person who has been convicted of or has (13) Beneficial interest in manufacture, prepara-
pleaded guilty to being a proprietor of a tion or sale. A person who has a beneficial
gambling house or of pandering or other interest in the manufacture, preparation
crimes or misdemeanors opposed to decency or wholesaling or the retail sale of alco-
and morality or shall have forfeited bond holic liquor or a beneficial interest in any
to appear in court to answer charges for other club licensed under this division, ex-
any such violation; cept that:
(5) Minor. A person who is not at least twenty- a. A license for premises located in a hotel,
as defined in K.S.A. 36-501, may be
one (21) years of age; granted to a person who has a benefi-
(6) Enforcement officiaL A person who appoints cial interest in another club or clubs
or is a law enforcement official or who is an licensed hereunder if the other club or
employee of the director of the state alco- clubs are located in a hotel as defined
holic beverage control board or the alco- herein.
holic beverage control board; except that b. A license for a club located in a licensed
the provisions of this subsection shall not food service establishment, as defined
apply to or prohibit the issuance of any in K.S.A. 36-501, may be issued to a
license to any class "A" club officer of a person who has a beneficial interest in
post home of a congressionally chartered other clubs located in licensed food ser-
service or fraternal organization, or a be- vice establishments, if not less than
nevolent association or society thereof; fifty (50) percent of the gross receipts
(7) Agent. A person who intends to carryon on each such club and food service es-
tablishment are derived from the sale
the business authorized by the license as of food for consumption on the prem-
agent of another; ises of such club and food service es-
(8) Renewal. A person who at the time of ap- tablishment.
plication for renewal of any license issued (14) Eligibility of copartners. A copartnership,
hereunder would not be eligible for such unless all of the copartners are entitled to
license upon a first application; obtain a license;
234
e
e
e
-
e
ALCOHOLIC BEVERAGES
(15) Eligibility of officers, managers, directors
and stockholders. A corporation, if any of-
ficer, manager or director thereof, or any
stockholder owning in the aggregate more
than five (5) percent of the common or pre-
ferred stock of such corporation would be
ineligible to receive a club license hereun-
der for any reason other than citizenship
and resident requirements;
(16) Foreign corporation. A corporation organ-
ized under the laws of any state other than
this state;
(17) Any person who has had a license revoked
for cause under this article or state law.
State law reference-Similar provisions, K.S.A. 41-2623.
Sec. 5-141. Reserved.
Sec. 5-142. Application to one premises.
The license provided in this division shall be
issued for one particular premises which shall be
stated in the application and in the license.
State law reference-Similar provisions, K.S.A. 41-2627.
Sec. 5-143. Transferability.
The license issued under this division shall not
be transferable under any circumstances from one
person to another or to any firm, copartnership,
or association, containing members not included
in the membership of the original applicant and
such license shall not be transferable by the same
licensee from one location to another without the
consent of the board of commissioners and upon
such conditions as the board of commissioners
may prescribe. (Code 1966, ~ 6-84)
Sec. 5-144. Posting.
A license issued under this division shall be
kept posted in a conspicuous place in the place of
business. (Code 1966, ~ 6-85)
State law reference-State license to be framed and hung,
K.S.A. 41-2612.
Sec. 5-145. Contents of license.
The license issued under this division shall state
the name of the licensee, the location of the place
of business for which the license is issued, the
~ 5-146
period for which it is issued, and that it is subject
to revocation in the manner provided by law and
by this division. (Code 1966, ~ 6-86)
Sec. 5-146. Suspension or revocation.
The board of commissioners, upon five (5) days
notice to persons holding any license under this
division, may revoke or suspend the license of
any club licensee for anyone or more of the fol-
lowing reasons:
(1) The licensee has fraudulently obtained the
license by giving false information in the
application therefor or any hearing thereon;
(2) The licensee has violated any of the provi-
sions of K.S.A. chapter 41, article 26, or
any ordinance of the city prescribing rules
or regulations relating to the operation of
clubs;
(3) The licensee has become ineligible to ob-
tain a license;
(4) Drunkenness of the licensee club's manager
or employee while on duty, or the licensee
club, its manager or employee has permit-
ted any disorderly person to remain in the
licensed premises;
(5) Violation on the club premises of any pro-
vision of the laws of this state, or of the
United States, pertaining to the sale of in-
toxicating or alcoholic liquors or beverages
or any crime involving a "morals charge"
as defined in subsection (b) of K.S.A. 41-
2610 and amendments thereto;
(6) The purchase and display in the licensed
premises by the licensee club, its manag-
ing officers or any employee of a federal
wagering occupational stamp issued by the
United States treasury department;
(7) The purchase and display in the licensed
premises by the licensee club, its manag-
ing officers or any employee, of a federal
coin operated gambling device stamp for
the club premises issued by the United States
treasury department;
(8) The licensee holding a class B license has
been found guilty of a violation of article
235
~ 5-146
SALINA CODE
10 of chapter 44 of the Kansas Statutes
Annotated under a decision or order of the
civil rights commission which has become
final or such licensee has been found guilty
of a violation of K.S.A. 21-4003. (Code 1966,
~ 6-87)
State law reference-Similar provisions. K.S.A. 41-2611.
[The next page is 287]
236
e
e
e
e
e
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
Art. VI.
Art. VII.
AMUSEMENTS AND ENTERTAINMENT
Chapter 6
In General, H 6-1-6-15
Carnivals, Circuses and Tent Shows, ~~ 6-16-6-45
Div. 1. Generally, ~~ 6-16-6-30
Div. 2. License, ~~ 6-31-6-45
Public Dances, H 6-46-6-75
Diy. 1. Generally, ~~ 6-46-6-55
Diy. 2. License, ~~ 6-56-6-75
Entertainment in Food Establishments, ~~ 6-76-6-105
Diy. 1. Generally, ** 6-76-6-85
Diy. 2. License, ** 6-86-6-105
Arcades, H 6-106-6-130
Diy. 1. Generally, ~~ 6-106-6-115
Diy. 2. License, ~* 6-116-6-130
Music Machines, ~~ 6-131-6-155
Diy. 1. Generally, ~~ 6-131-6-140
Diy. 2. License, ~~ 6-141-6-155
Billiards and Pool Tables, H 6-156-6-170
Diy. 1. Generally, ~* 6-156-6-165
Diy. 2. License, ~~ 6-166-6-170
ARTICLE I. IN GENERAL
Sec. 6-1. Licensing of amusements generally.
(a) There shall be required pursuant to chapter
20 a license for each of the following amusements
or entertainment:
(1) Amusement devices (any miniature pool or
billiard tables or shuffieboard devices of any
character upon which metallic, plastic or
other metal discs are cast or any other
amusement device not otherwise provided for
in this Code);
(2) Bowling alleys;
(3) Fortunetellers, clairvoyants, etc. (any person
occupied for any time as a fotuneteller, clair-
voyant, mind reader, phrenologist, palmist,
astrologist or advertising as any of such);
(4) Skating rinks;
(5) Theaters, drive-in theaters and opera houses.
(b) License fees under this section shall be as
prescribed in section 2-2. (Code 1966, ~~ 7-69,
20-42, 20-48, 20-58, 20-65, 20-68)
Cross reference-Licenses generally, Ch. 20.
Sees. 6-2-6-15. Reserved.
ARTICLE II. CARNIVALS, CIRCUSES
AND TENT SHOWS
DIVISION 1. GENERALLY
Sec. 6-16. Definitions.
The following words and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
(1) Carnivals shall be deemed to include attrac-
tions or amusements in which merry-go-rounds,
ferris wheels, riding devices and other amuse-
ment devices of a similar nature are used
and shall also include, whether operated in
connection therewith or separately, other forms
of amusements or attractions such as side
shows, singing and dancing acts and other
exhibitions, attractions, shows or devices of
various kinds for the amusement of the pub-
lic, commonly operated and known as carni-
vals, or as parts thereof, whether advertised
as such or otherwise.
(2) Circus shall be deemed to mean that kind of
a show or exhibition ordinarily known and
advertised as a circus, including the exhibi-
tion of wild animals, trained animal acts, and
287
~ 6-16
SALINA CODE
performances by acrobats, aerial performers
trained animals, clowns, etc., and including
side shows and exhibitions ordinarily shown
in connection with and as a part of circuses,
a.nd the term "circus" shall also include me-
nageries, wildwest shows, dog and pony shows
and other similar exhibitions, whether oper-
ated alone or in connection with circuses hav-
ing the other features hereinabove mentioned,
or similar thereto, and the term "circus" shall
also include any street parade shown or op-
erated in the city and the unloading and/or
moving of circus equipment, exhibits and par-
aphernalia in the city and along or over the
streets thereof, in connection with a circus
which is shown outside the city.
(3) Tent shows shall be deemed to include theat-
rical, dramatic or operatic performances, or
entertainments, or concerts, whether operated
in a tent or in the open, or in any temporary
or permanent building or structure unless
the same is in a regularly licensed opera
house, theater or motion picture theater; pro-
vided, that this article shall not apply to en-
tertainments, concerts or musical exhibitions
given by any church, school, lodge or other
society or organization of the city when the
proceeds thereof are exclusively for the bene-
fit of charity or for the benefit of such church,
school, lodge or organization, and where no
part of such proceeds goes to any private in-
dividual or corporation, except in payment of
labor actually performed or for property or
materials actually furnished for use in con-
nection with such performance, concert or en-
tertainment. (Code 1966, ~ 7-18)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 6-17. Permits required; compliance with
regulations.
It shall be unlawful for any person to operate or
conduct any circus, carnival or tent show in the
city without first having made application and
securing a permit from the city clerk and without
first having complied with all the rules and regu-
lations of the city. (Code 1966, ~ 7-19)
Sec. 6-18. Gambling prohibited.
It shall be unlawful for any person to operate or
conduct or to permit any other person to operate
or conduct, or for any person to have in his pos-
session, upon the premises occupied by any cir-
cus, carnival or tent show within the city, any
gambling device or game of chance. (Code 1966, ~
7-24)
Cross reference-Gambling generally, ~ 25-176 et seq.
Sec. 6-19. Lewd, indecent, obscene perform-
ances.
No lewd, indecent or obscene performance shall
be given or shown in connection with any circus,
tent show or carnival, and any person who shall
show or permit the showing of, or who shall en-
gage in, any such performance, shall be deemed
guilty of a violation of the provisions of this Code.
(Code 1966, ~ 7-25)
Cross reference-Obscene material generally, ~ 25-161 et
seq.
Sees. 6-20-6-30. Reserved.
DIVISION 2. LICENSE*
Sec. 6-31. Required.
No person shall engage in, pursue, conduct or
carryon in the city the calling, trade or occupa-
tion of conducting or operating a circus, carnival
or tent show without first having secured from
the city clerk a license to conduct or operate the
same as provided in this division. (Code 1966, ~
7 -20)
Sec. 6-32. Application.
Before any license shall be issued under this
division, the person desiring to secure the same
shall file with the city clerk an application in
writing setting forth the nature and character of
the circus, carnival or tent show for which a li-
cense is desired; the name of the owner thereof;
the name under which the same is operated, con-
ducted or shown; the permanent address or resi-
dence of such owner; the location of the place
"'Cross reference-Licenses generally, Ch. 20.
288
e
e
e
-
e
AMUSEMENTS AND ENTERTAINMENT
where the same is to be shown or operated and
the date or dates upon which the same is to be
shown or operated; together with a statement that
the applicant will abide by and perform all of the
provisions of this article and of all other ordi-
nances of the city relating thereto. Such applica-
tion shall be accompanied by the original or du-
plicate of the permit issued to such applicant.
(Code 1966, * 7-21)
Sec. 6-33. Fees.
(a) Fees for licenses under this division shall
be as prescribed in section 2-2.
(b) Every license tax herein provided for shall
be paid by the person actually operating the cir-
cus, carnival or tent show to which such license
fee is applicable, and the payment of any other
license fee of any kind paid by any other person
shall not be deemed to cover or take the place of
any license fee provided for by this division. (Code
1966, ** 7-22, 7-23)
Sees. 6-34-6-45. Reserved.
ARTICLE III. PUBLIC DANCES
DIVISION 1. GENERALLY
Sec. 6-46. Defined.
The term "public dance" as used in this article
and in other ordinances of the city shall mean
any dance to which the public is invited or to
which any admission fee is charged under any
form or guise whatsoever, whether paid at the
door, on the floor, or in the form of a subscription
or whether paid before or after the dance, under
the guise of dues or assessments, and where ad-
mission is secured by invitation or otherwise, ex-
cept as hereafter provided; it being the intent of
this article to define as a public dance any dance
held within the city at any dance hall or audito-
rium, except one which may be given by one or
more individuals at his or their own expense (as
hereinafter limited) and except a dance to which
no invited guest is required to pay any admission
fee' or charge in any guise or at any time, and
except one which may be given by a bona fide
~ 6-57
club, society or other organization, having a per-
manent membership, and which only the regular
bona fide members of such club, society or orga-
nization and not to exceed one outside guest of
the opposite sex for each member are permitted
to attend together with any bona fide guest who
may reside outside of the city; provided, that no
charge shall be made for any such guest in any
guise or form, and further excepting such other
dances as may be specifically provided for herein.
(Code 1966, * 7-36)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 6-47. Proximity to residences.
No public dance hall shall be operated, and no
public dance shall be given, and no public danc-
ing as defined in section 6-56 or as otherwise now
or hereafter provided by ordinance, shall be per-
mitted in any building which is located within
fifty (50) feet of any dwelling house or other build-
ing occupied exclusively for residence purposes,
within the city. (Code 1966, * 7-49)
Cross reference-Zoning, Ch. 42.
Sees. 6-48-6-55. Reserved.
DIVISION 2. LICENSE*
Sec. 6-56. Required.
It shall be unlawful for any person, club, soci-
ety or organization or the members, officers or
directors thereof to conduct or operate any public
dance or any dance hall or room or other place
where public dancing is permitted in connection
with the serving of food or drinks, whether or not
any charge is made for such dancing in addition
to the charge made for food and drinks served in
any such place, which for the purposes of this
article and other ordinances of the city shall be
deemed a public dance hall, without first secur-
ing a license. (Code 1966, * 7-48)
Sec. 6-57. Application.
Before any license required by this division is
issued, the person, club, society or organization or
the members, officers or directors thereof, apply-
*Cross reference-Licenses generally, Ch. 20.
289
~ 6-;)7
SALINA CODE
ing for the same, shall file with the city clerk an
application for such license which shall state the
name of the applicant and the location of the
place where any such public dance is to be given,
or where any such public dance hall is to be oper-
ated, or where any such public dancing is to be
permitted, with such additional details with re-
spect thereto as may be required by the city clerk.
(Code 1966, ~ 7-50)
Sec. 6-58. Fee.
The fee for a license under this division shall be
as prescribed in section 2-2. (Code 1966, ~ 7-50)
Sec. 6-59. Issuance, denial.
If, upon the filing of an application under this
division and the payment of the license fee, it
appears to the city clerk that under the provi-
sions of this article and other ordinances of the
city, the applicant is entitled to a license, the city
clerk may issue such license to such applicant, or
if the city clerk is not satisfied from such applica-
tion that the applicant is entitled to a license, he
shall refer such application to the board of com-
missioners, who shall either approve or reject such
application. If the application is approved by the
board of commissioners, the city clerk shall issue
such license, and if the application is rejected no
license shall be issued, and the amount deposited
with the city clerk as a license fee shall be re-
turned to the applicant. (Code 1966, ~ 7-52)
Sec. 6-60. When license shall not be issued.
No license required by this division shall be
issued to or permitted to be held by any person
who is not of good moral character, or for the
operation or conduct of any public dance or public
dance hall or for any public dancing in any place
where the ordinances of the city or the laws of the
state are violated. (Code 1966, ~ 7-55)
Sec. 6-61. Revocation.
The board of commissioners shall have the right
at any time, if the board is satisfied that any
licensee is violating any of the provisions of this
article or any other ordinance of the city, or that
any public dance or dancing is being conducted
contrary to the provisions of this article or any
other ordinance of the city, to revoke any license
issued hereunder, whether the same was issued
with or without the approval of the board of com-
missioners. (Code 1966, ~ 7-53)
Sees. 6-62-6-75. Reserved.
ARTICLE IV. ENTERTAINMENT
IN FOOD ESTABLISHMENTS.
DIVISION 1. GENERALLY
Sec. 6-76. Hours limited; Sunday operation.
It shall be unlawful for any person providing
entertainment pursuant to a license issued under
this article to provide such entertainment on the
first day of the week, commonly known as Sun-
day, or between the hours of midnight and 6:00
p.m. on any day. (Code 1966, ~ 7-94)
Sec. 6-77. Alcoholic liquor; disorder; gambling.
It shall be unlawful for the holder of a license
under this article to sell or keep for sale or free
distribution any alcoholic liquor or to permit any
alcoholic liquor to be kept or used in or about the
premises, or to permit any disorder in or about
the premises, or to permit any gambling in or
about the premises. (Code 1966, ~ 7-95)
Cross references-Alcoholic liquor generally, ~ 5-16 et
seq.; gambling generally, ~ 25-176 et seq.
Sees. 6-78-6-85. Reserved.
DIVISION 2. LICENSEt
Sec. 6-86. Required.
It shall be unlawful for any person to provide
entertainment in a restaurant, cafe or cafeteria
in any place in the city without first securing a
license therefor as in this division. (Code 1966, ~
7-91)
Sec. 6-87. Application.
Any person desiring a license under this divi-
sion shall make application therefor in writing,
.Cross reference-Food and food handlers, Ch. 16.
tCross reference-Licenses generally, Ch. 20.
290
e
e
e
-
e
AMUSEMENTS AND ENTERTAINMENT
over his signature, to the city clerk. Such applica-
tion shall state the precise nature and form of the
entertainment to be provided in the place of busi-
ness of the applicant and no other type of enter-
tainment shall be permitted under that license.
(Code 1966, S 7-92)
Sec. 6-88. Fee.
The fee for a license under this division shall be
as prescribed in section 2-2. (Code 1966, S 7-91)
Sec. 6-89. Approval or denial.
The city manager may approve the license or
deny the issuance thereof if he deems the appli-
cant therefor not of good character or the type of
entertainment to be provided under the license to
be detrimental to public morals or decency; pro-
vided, that if such license is refused, the appli-
cant may appeal to the board of commissioners
who may, in their discretion, grant or refuse such
license. (Code 1966, ~ 7-92)
Sec. 6-90. Issuance.
If the city manager shall deem the applicant to
be a fit person and the type of entertainment to
be provided under the license not to be detrimen-
tal to public morals or decency, and shall approve
such application, the city clerk shall, upon pay-
ment of the license fee herein provided for, issue
such license. (Code 1966, ~ 7-93)
Sec. 6-91. Suspension.
Every license issued under the prOVISIOns of
this division may, in the event of the violation of
any of the provisions of this article by the licens-
ee, be suspended by the city manager; provided,
that upon such suspension the licensee may ap-
peal such suspension to the board of commission-
ers. (Code 1966, S 7-96)
Sec. 6-92. Revocation.
Every license issued under the prOVISIOns of
this division shall be revocable and cancelable by
the board of commissioners upon proof of:
(1) Substantial or consistent violations of any of
the provisions hereof;
~ 6-118
(2) Lack of good character of the holder of the
license; or
(3) Entertainment provided by the licensee that
is detrimental to public morals or decency.
(Code 1966, S 7-97)
Sees. 6-93-6-105. Reserved.
ARTICLE V. ARCADES.
DIVISION 1. GENERALLY
Sec. 6-106. Defined.
An arcade is hereby defined, for the purpose of
this article, as any place or business within the
city wherein twenty-five (25) or more pinball ma-
chines, marble table games, rental table games,
amusement devices, shuilleboards, photoelectric
cell operated amusement devices, miniature pool
tables or any other amusement devices of any
kind or type are set up or kept for operation.
(Code 1966, S 7-108)
Cross reference-Definitions and rules of construction gen.
erally, ~ 1-2.
Sees. 6-107-6-115. Reserved.
DIVISION 2. LICENSE*
Sec. 6-116. Required.
It shall be unlawful for any person to operate
an arcade without first having and procuring a
license therefor as provided in this division. (Code
1966, S 7-109)
Sec. 6-117. Fee.
The fee for a license under this division shall be
as prescribed in section 2-2. (Code 1966, S 7-110)
Sec. 6-118. Issuance, form.
The licenses provided for in this division shall
be issued by the city clerk, with the corporate
seal of the city affixed thereto, and shall recite
the number of the license, the name of the person
to whom issued, the amount paid therefor and a
*Cross reference-Licenses generally, Ch. 20.
291
~ 6-118
SALINA CODE
general description of the machines to be oper-
ated in the arcade. (Code 1966, ~ 7-114)
Sec. 6-119. Revocation.
Any license issued pursuant to this division
shall be revoked by the city manager upon con-
viction of any licensee hereunder of any offense
against the ordinances of the city, the laws of the
state, excepting minor traffic offenses, or laws of
the United States of America. (Code 1966, ~ 7-115)
Sees. 6-120-6-130. Reserved.
ARTICLE VI. MUSIC MACHINES
DIVISION 1. GENERALLY
Sec. 6-131. Obscene, indecent words or music
prohibited.
It shall be unlawful for any person licensed to
operate any music playing machine or device as
provided for in this article or owning, maintain-
ing or operating any place of business where any
such music playing machine or device is kept,
used or operated, to play or permit the playing on
or by any such machine or device, by means of
records, rolls or otherwise, any obscene or inde-
cent music or words. (Code 1966, ~ 7-130)
Cross reference-Obscene material, ~ 25-161 et seq.
Sees. 6-132-6-140. Reserved.
DIVISION 2. LICENSE*
Sec. 6-141. Required.
It shall be unlawful for any person to maintain
or operate or permit to be maintained or operated
within the city, either as principal, agent, lessee,
licensee, owner or in any other capacity, any music
playing machine or device operated by depositing
coins or tokens, without first having secured a
license from the city clerk to engage in such busi-
ness, trade or occupation, and for the keeping,
maintaining and operating of any such device.
(Code 1966, ~ 7-126)
.Cross reference-Licenses generally, Ch. 20.
Sec. 6-142. Fee.
The fee for a license under this division shall be
as prescribed in section 2-2. (Code 1966, ~ 7-127)
Sec. 6-143. Contents of licenses.
Every license issued under this division shall
show the name of the licensee, and a description
of the machine. (Code 1966, ~ 7-129)
Sec. 6-144. Transferability.
Licenses under this division may be transfer-
red from one machine to another while operated
by the licensee at the same location. (Code 1966,
~ 7-129)
Sees. 6-145-6-155. Reserved.
ARTICLE VII. BILLIARDS
AND POOL TABLES
DIVISION 1. GENERALLY
Sec. 6-156. Age of players.
It shall be unlawful for the owner, manager,
keeper, or person in charge of any place described
in this article to permit or allow any person under
the age of eighteen (18) years to play at or take
part in any game in such place or to loiter or
congregate in or about such place; provided how-
ever, that persons under the age of eighteen (18)
years may be permitted to play at or take part in
games in any such place or to be in such place if
the owner of such place shall operate any busi-
ness where persons under eighteen (18) years of
age are permitted on the premises. (Code 1966, ~
7-73)
Cross reference-Minors generally, Ch. 21.
Sec. 6-157. Profane, indecent language;
riotous, disorderly conduct.
It shall be unlawful for the owner, manager,
keeper or person in charge of any pool or billiard
hall to knowingly permit the use of profane or
indecent language or to permit any riotous or
292
e
e
e
--
e
AMUSEMENTS AND ENTERTAINMENT
disorderly conduct in such place. (Code 1966, ~
7-74)
Cross references-Offenses against the public peace, *
25-81 et seq.; offenses against public morals, * 25-136 et seq.
Sec. 6-158. Permitting alcoholic liquor, dis-
order or gambling.
It shall be unlawful for the owner, manager,
keeper or person in charge of any pool or billiard
hall to sell or keep for sale or free distribution
any alcoholic liquors or to permit any alcoholic
liquor to be kept or used in or about the premises,
or to permit any disorder in or about the premis-
es, or to permit any gambling in or about the
premises. (Code 1966, ~ 7-75)
Cross references-Alcoholic liquor generally, * 5-16 et
seq.; gambling generally, * 25-176 et seq.
Sec. 6-159. Connecting rooms.
It shall be unlawful for the owner, manager,
keeper or person in charge of any pool or billiard
hall to permit such place to be connected with
any other separate room or compartment either
in the same or any adjoining building, unless the
connecting doorways or passageways between such
premises and any such room or compartment shall
be at all times kept open and free from any door,
gate or other device which may be shut or locked,
and there shall be no door, gate or other device
capable of being shut or locked between any such
pool or billiard hall and any such adjoining room,
except that this section shall not apply to a room
designated for and used solely for toilet purposes.
(Code 1966, ~ 7-76)
Sees. 6-160-6-165. Reserved.
DIVISION 2. LICENSE*
Sec. 6-166. Required.
It shall be unlawful for any person to have,
keep or maintain, for hire or profit, in any place
in the city, billiard or pool tables, without first
securing a license therefor as in this division pro-
vided. (Code 1966, ~ 7-68)
.Cross reference-Licenses generally, Ch. 20.
~ 6-170
Sec. 6-167. Application.
Any person desiring a license under this divi-
sion shall make application therefor in writing,
over his signature, to the city clerk. Such applica.
tion shall state the number of billiard and pool
tables to be set up, kept and used; the location of
the room or rooms in which such devices are to be
set up and used. (Code 1966, ~ 7-70)
Sec. 6-168. Fee.
(a) The fee for a license under this division
shall be as prescribed in section 2-2.
(b) The license fee herein made payable shall
be based upon each and every billiard and/or pool
table kept or maintained in place of business for
which such licenses are paid unless such table is
actually dismantled and rendered unfit for use as
a billiard or pool table. (Code 1966, ~ 7-68)
Sec. 6-169. Suspension.
Every license issued under the prOVISIOns of
this division may, in the event of the violation of
any of the provisions of this article by the licens-
ee, be superseded by the city manager; provided,
that upon such suspension the licensee may ap.
peal to the board of commissioners for redress.
(Code 1966, ~ 7-77)
Sec. 6-170. Revocation.
(a) Every license issued under the provisions of
this division shall be revocable and cancellable at
the pleasure of the board of commissioners, irre.
spective of any other provision contained in this
article for the revocation of any such license; pro.
vided, however, that if such revocation or cancella.
tion shall be made by the board of commissioners
without or prior to the conviction of the owner or
manager of such pool or billiard hall for any vio-
lation of this article, the pro rata portion of the
license fee for the unexpired term of the license
shall be returned to the person who shall have
paid the same.
(b) Upon conviction of any person to whom a
license as provided for in this division shall have
293
~ 6-170
SALINA CODE
been issued, or upon the conviction of any man-
ager, keeper or person in charge of any pool or
billiard hall licensed under this division, or any
employee thereof, of any such violation, or upon
the conviction of any such person of selling or
keeping for sale or free distribution, or of using or
permitting the keeping or use of any alcoholic
liquors, or of permitting any gambling in or about
the premises, or upon the conviction of any other
person upon the charge of gambling in or about
the premises, the board of commissioners may
revoke such license. After any such revocation,
no license shall at any time thereafter be granted
or issued to any such person so convicted, or in
whose premises any such act was committed. (Code
1966, ~~ 7-78, 7-80)
[The next page is 345]
294
e
e
e
e
e
Chapter 7
ANIMALS*
Art. I. In General, H 7-1-7-15
Art. II. Administration and Enforcement, ~~ 7-16-7-30
Art. III. Restrictions On Owning Animals, ~~ 7-31-7-45
Art. IV. Responsibilities of Persons Owning Animals, H 7-46-7-70
Art. V. Animal Protections Responsibility of All Persons, ~~ 7-71-
7-90
Art. VI. Registration of Cats and Dogs, H 7-91-7-115
Art. VII. Licensing of Commercial Animal Establishments, H 7-116-
7-135
Art. VIII. Impoundment, Recovery and Adoption of Animals at Animal
Shelter, H 7-136-7-140
ARTICLE I. IN GENERAL
Sec. 7-1. Definitions.
The following words and phrases, when used in
this chapter, shall have the meanings respectively
ascribed to them:
(1) Animal means any live, vertebrate creature,
domestic or wild, other than humans, and
including all fowl.
(2) Animal hospital means any facility which
has the primary function of providing med-
ical and surgical care for animals and is
operated by a currently licensed veterinarian.
(3) Animal shelter means the facility or facili-
ties operated by the city or its authorized
agents for the purpose of impounding or
caring for animals under the authority of
this chapter or state law.
(4) Cat means any member of the Felis Catus
Family, male or female, regardless of age.
(5) Catterie means any establishment where
more than four (4) purebred cats, registered
under any nationally recognized cat fancy
group, society or association, are kept as a
hobby or profit, where the breeding of such
animals is for the improvement of the breed,
and where such cats are kept in a specific,
indoor, enclosed area at all times. Any
catterie owner shall reside only in "A-I"
(agricultural), "1-2" (light industrial), and
.Cross reference-Animals prohibited in parks, ~ 27-17.
"1-3" (heavy industrial) zoning districts of
the city, except that any person operating
a catterie in any residential zoning district
of the city at the time of the adoption of
this chapter shall be permitted to continue
catterie operation at such location, provided
that such catterie is continuously licensed
with the city from June 1, 1980 onward.
(6) Chief of police means the duly appointed,
highest ranking officer in charge of the po-
lice department or his authorized represen-
tatives.
(7) Commercial animal establishment means
any pet shop, grooming shop, auction, ri-
ding stable, guard dog service, kennel, hobby
breeder, catterie, animal shelter, other than
that operated by the city, animal hospital,
business keeping animals in stock for re-
tailor wholesale trade, or any establish-
ment performing one or more of the princi-
pal activities of the aforementioned estab-
lishments.
(8) Dog means any member of the Canis
Familiaris, male or female, regardless of
age.
(9) Fowl means any animal that is included in
the zoological class Aves.
(10) Health officer means the city-county health
officer, or his authorized representatives,
including any employee of the city-county
health department.
345
~ 7-1
SALINA CODE
(11) Hobby breeder means any person who owns
more than four (4) but less than twenty (20)
purebred, registered, dogs over the age of
nine (9) months, which are habitually boarded
and lodged within the person's domicile or
yard; and who, furthermore, provides a fenced
and/or totally enclosed exercise area; and
provided, furthermore, that such animals
are, at all times, kept in the fenced or en-
closed area, except when under the personal
and immediate control of the owner. To be
considered a hobby breeder, a person must
be a member, in good standing, of any na-
tional dog fancy association; and provided
furthermore, that the purpose and intent
of breeding the animals is as a hobby and
for the sole improvement of the breed.
(12) Household means all persons living in the
same dwelling unit.
(13) Humane live animal trap means any cage
trap that upon activation encloses an ani-
mal without placing any physical restraint
upon any part of the body of such animal.
(14) Humane officer means any staff person em-
ployed at the city animal shelter.
(15) Humanely euthanize means the proper in-
jection of a substl;mce that quickly and pain-
lessly terminates the life of an animal, or
any method approved by the American Veter-
inary Medical Association.
(16) Inhumane or cruel treatment or manner
means any treatment to any animal which
deprives the animal of necessary sustenance,
including sufficient and wholesome food,
potable water and protection from weath-
er, or any treatment of any animal such as
overloading, overworking, tormenting, beat-
ing, mutilating or teasing, or other abnor-
mal treatment that causes suffering to such
animal.
(17) Kennel means any premises upon which
five (5) or more cats and dogs are kept,
boarded, bred, trained for a fee, bought,
and/or sold, except for commercial animal
establishments otherwise enumerated in this
chapter. Any kennel shall be located only
in "A-I" (agricultural), "1-2" (light indus-
trial), or "1-3" (heavy industrial) zoning
districts of the city, except that any person
operating a kennel for cats or dogs in any
residential zoning district of the city at the
time of adoption of this chapter shall be
permitted to continue kennel operation at
such location, provided that such kennel is
continuously licensed with the city from
June 1, 1980 onward.
(18) Large animal means any swine, bovine, goat,
sheep, beast of burden or any other domes-
tic or wild animal of similar or larger size.
(19) Neutered means any male or female cat or
dog that has been permanently rendered
sterile.
(20) Own or owner means any person who feeds
or shelters any unowned animal for twenty-
four (24) or more consecutive hours or who
professes ownership of such animal, shall
be deemed to be owning. If a minor owns
an animal, then any household head of which
such minor is a member shall be deemed
the owner of such animal under this chap-
ter and shall be responsible as the owner,
whether or not such household head is him-
self a minor. If not a member of a house-
hold, such minor shall be directly subject
to the provisions of this chapter.
(21) Premises means any parcel of land and any
structure thereon in which any animal regu-
lated by this chapter is housed and/or
confined.
(22) Proper tattoo means a legible, indelibly-
marked social security number fixed upon
the upper, inner right thigh of a cat or dog
by the humane insertion of pigment under
the skin.
(23) Registration tag means any system of ani-
mal identification approved by the city clerk
which does not involve alteration or per-
manent marking of any animal.
(24) Small animal means any animal not within
the definition of large animal, but includ-
ing all dogs without reference to size.
346
e
e
e
-
e
(25) Summons means a violation notice requir-
ing the violator to appear before the munici-
pal judge, or in lieu of such appearance, to
pay such fine as is prescribed in this chapter.
(26) Supervisor. The use of this title throughout
this chapter shall be a reference to the su-
pervisor of animal control and protection
and any or all humane officers assigned to
work under the direct control of the supervi-
sor of animal control and protection who
may act through staff to perform any duty
under this chapter unless otherwise specif-
ically stated.
(27) Wild animal means any animal which is
predominately free-roaming as opposed to
domesticated. (Ord. No. 80-8794, ~ 1(8-1),
4-28-80; Ord. No. 80-8801, ~ 1, 7-21-81)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 7-2. Removal and disposal of dead ani-
mals.
(a) The supervisor shall be responsible for the
removal of any dead animal found within the
city, except as otherwise provided in this section.
In this section the term, "dead animal" shall ex-
clude any animal lawfully and humanely killed
for food.
(b) No person having in his possession any dead
animal shall permit the same to remain in or
upon any private or public place without at once,
upon the death or the discovery of the animal,
giving notice to the supervisor.
(c) At large, dead animals shall be removed
and appropriately disposed of by the owner or
proprietor of the premises promptly after the death
or discovery of such animal. If not so removed or
properly disposed of, such animal shall be removed
by the supervisor at actual cost to the property
owner or proprietor.
(d) Except as prescribed in subsection (e), any
small, dead animal upon private property shall
be removed by the supervisor as soon as possible
after notice is given. For the occasional removal
of small animals from private premises, there shall
be no charge.
ANIMALS
P-4
(e) For the removal of small, dead animals from
animal hospitals, the animals shall be reported to
the supervisor and held under conditions satis-
factory to the supervisor pending pickup. The charge
for such removal shall be established by resolu-
tion. (Ord. No. 80-8794, ~ 1(8-136), 4-28-80)
Sec. 7-3. Emergency treatment of sick or in-
jured cats and dogs.
(a) Any sick or injured cat or dog found at large
in the city and wearing a current city registra-
tion or rabies vaccination tag or having a proper
tatoo marking shall be taken at once by the su-
pervisor or the chief of police to a veterinarian for
examination and treatment, and the owner of such
animal shall be promptly notified. All charges for
veterinary services shall be borne by such owner.
(b) Any sick or injured cat or dog found at large
in the city without such identifying tag or tattoo
shall be examined at once by the supervisor and
held at the animal shelter as prescribed in sec-
tion 7-138. (Ord. No. 80-8794, ~ 1(8-137),4-28-80)
Sec. 7-4. Penalties.
(a) Wherever, in this chapter, any act is pro-
hibited or is declared to be unlawful or the per-
formance of any act is required or the failure to
do any act is declared to be unlawful and no spe-
cific penalty or penalty range is provided by an-
other subsection of this section, the violation of
any provision in this chapter shall be punished
by a fine of not more than five hundred dollars
($500.00), or by imprisonment for a period not
exceeding six (6) months, or by both such fine and
imprisonment, at the discretion of the court. Each
day any violation of this chapter continues shall
constitute a separate offense.
(b) Any person issued a summons for any of the
following sections of this chapter:
Sec. 7-47. Proper identification of cats and dogs
required
See. 7-48. Running at large prohibited; exemptions
Sec. 7-49. Animal nuisance activities prohibited
Sec. 7-50. Excessive animal noise prohibited
347
~ 7-4
SALINA CODE
Sec. 7-54. Rabies vaccination of cats and dogs
required
Sec. 7-91. Registration of cats and dogs required
may settle out of court by making the following
payment prior to the court date set on the summons:
(1) First offense: $15.00;
(2) Second offense: $30.00.
(c) Any person issued a summons for any of the
following sections of this chapter:
Sec. 7-32. Limitation on numbers of animals
owned; exemptions
Sec. 7-46. Animal care requirements and prohibi-
tion of animal cruelty
Sec. 7-51. Proper confinement of cats and dogs
in heat required
Sec. 7-58. Proper maintenance of animal yard
structures and pens required
Sec. 7-71. Cruelty generally
See. 7-116. Licensing of commercial animal estab-
lishments required
may settle out of court by making the following
payment in person or by mail prior to the court
appearance date prescribed on the summons:
(1) First offense: $50.00;
(2) Second offense: $100.00.
(d) In the event settlement is made out of court,
and receipt given therefor, the person committing
such offense shall be deemed to have pleaded nolo
contendere and no prosecution for the alleged of-
fense for which the alleged offender has so settled
shall be thereafter instituted or maintained in
municipal court.
(e) If the alleged offender fails to pay the req-
uisite fine or fails to appear in court on the date
set by the summons, then a warrant shall be
issued for the arrest of the alleged offender.
(D If the alleged offender shall have previously
twice settled out of court and/or been convicted of
such offense, he/she shall not be permitted to set-
tle the current alleged offense out of court, but
shall be required to stand trial in municipal court.
Also, any person given a summons because he
had violated the standing regulations of the health
officer shall not be permitted to waive trial or
settle the instant alleged offense by mail. (Ord.
No. 80-8794, ~ 1(8-148), 4-28-80)
Sees. 7-5-7-15. Reserved.
ARTICLE II. ADMINISTRATION
AND ENFORCEMENT*
Sec. 7-16. Duties of the city manager.
Except where otherwise provided, it shall be
the duty of the city manager, through the chief of
police and the supervisor, to administer and en-
force the provisions of this chapter directly or
through staff assigned to be supervised by the
supervisor. The supervisor shall keep a record of
all animal shelter transactions and all enforce-
ment and investigative activities conducted by
the supervisor and humane officers. (Ord. No.
80-8794, ~ 1(8-12), 4-28-80)
Sec. 7-17. Duties of the police department.
It shall be the duty of police department offi-
cers to enforce the provisions of this chapter and
any regulations issued by the health officer, and
to assist the supervisor in enforcing the provi-
sions of this chapter. (Ord. No. 80-8794, ~ 1(8-13),
4-28-80)
Sec. 7-18. Duties of the health officer.
It shall be the duty of the health officer to
administer and enforce the public health provi-
sions of this chapter directly or through staff as-
signed to be supervised by the health officer. The
health officer shall issue standing and/or emer-
gency regulations for rabies control; zoonosis con-
trol; the control or elimination of animal pests;
and animal bite procedures that the officer finds
necessary to protect the public health, which reg-
ulations shall be filed with the city clerk, the
supervisor and the chief of police. (Ord. No. 80-8794,
~ 1(8-14), 4-28-80)
*Cross reference-Administration, Ch. 2.
348
e
e
e
-
.
Sec. 7-19. Enforcement procedures.
(a) The supervisor, the health officer and chief
of police are hereby authorized to issue a sum-
mons to the owner of any animal in violation of
any provision of this chapter, or any regulation
issued by the health officer. Such person may
retain possession of the animal if it is the belief of
the officer issuing such summons that such pos-
session is not in conflict with any other provision
of this chapter.
(b) The supervisor, the health officer and chief
of police are hereby authorized to take up and
impound any animal in violation of any provision
of this chapter or any regulation issued by the
health officer, if the person owning such animal
cannot be issued a summons because such person
is not known or not present. Such animal shall be
confined at the animal shelter in a humane man-
ner and shall be released upon satisfactory proof
that the party claiming the animal is entitled to
possession thereof, and upon payment to the su-
pervisor of all recovery fees established by resolution.
(c) In the interest of animal welfare, any per-
son owning any animal in the city by so doing
does thereby authorize the supervisor, the health
officer, or chief of police to enter upon private
property, other than within any residence, where
such animal is kept, if the officer has probable
cause to believe the animal is being kept in a
cruel or inhumane manner, for the purpose of
examining such animal and impounding such an-
imal at the animal shelter when, in the examin-
er's opinion, it is being kept in an unlawfully
cruel or inhumane manner.
(d) Any animal that has bitten a person may
be removed from the property of its owner by the
supervisor, the health officer, or chief of police if
such animal is in violation of examination or ob-
servation requirements prescribed by regulation
of the health officer.
(e) The supervisor, the health officer and the
chief of police are hereby authorized to use hu-
mane live animal traps to capture any animal
whose presence on private or public property con-
stitutes a nuisance to persons or a threat to the
public health or the health of domestic animals.
ANIMALS
~ 7-31
CD It is unlawful for any person to interfere
with the duty of the supervisor, the chief of po-
lice, or the health officer by removing, or causing
to be removed, the identification tag of any cat or
dog without the consent of the owner thereof;
refusing to identify himself upon the request of
an enforcement officer, when such officer has prob-
able cause to believe that such person has vio-
lated this chapter; or in any other manner pre-
venting the lawful discharge of enforcement du-
ties prescribed by this chapter. (Ord. No. 80-8794,
* 1(8-15), 4-28-80)
Sees. 7-20-7-30. Reserved.
ARTICLE III. RESTRICTIONS ON
OWNING ANIMALS
Sec. 7-31. Prohibited owning; exemptions.
(a) The owning of any wild, poisonous or vi-
cious animal within the city limits is hereby pro-
hibited, except for those wild animals kept under
the permit of the Kansas Fish and Game Com-
mission or the United States Fish and Wildlife
Service, or any animal used for educational pur-
poses. The court shall have the authority to de-
clare an animal vicious because of the inherently
dangerous nature of the animal as to persons, its
history of attack or wounding of persons, the se-
riousness of these attacks or wounds, and its po-
tential to inflict wounds in the future. Such dec-
laration shall be grounds for the impoundment
and humane euthanizing of the animal unless,
without danger to the public, the animal can be
and is removed from the city within forty-eight
(48) hours.
(b) The owning of any fowl, other than domes-
tic chickens and pigeons, within the city limits is
hereby prohibited, except for caged birds kept as
pets within a residence structure.
(c) No livestock, including but not limited to
horses, mules, cattle, sheep, goats, and swine, shall
be owned, or maintained within the city limits,
except that horses which are used for riding pur-
poses only may be stabled within the city limits
only in designated areas which have been given a
349
~ 7-31
SALINA CODE
special permit for the purpose by the board of
commissioners. Such designated areas, for the pur-
pose of health and sanitation, shall be under the
supervision of the health officer. If at any time
such designated areas shall become a nuisance or
a flybreeding or rat-infested area, the health offi-
cer shall have the authority to revoke such spe-
cial permit within ten (10) days after notifying
the board of commissioners.
(d) It shall be unlawful for any veterinarian
within the city to fail to report to the supervisor
the examination or treatment of any animal that
is owned or maintained in violation of this chap-
ter. (Ord. No. 80-8794, ~ 1(8-26), 4-28-80)
State law reference-Permitting dangerous animal to be
at large, K.S.A. 21-3418.
Sec. 7-32. limitation on numbers of animals
owned; exemptions.
(a) It shall be unlawful for any person in charge
of a residence to own more than four (4) dogs or
four (4) cats, or any combination of such animals
exceeding four (4) in number, over the age of ninety
(90) days at such residence unless the residence
or all of the dogs and cats kept there are within
one or more of the following exemptions:
(1) The residence is licensed as a commercial
animal establishment;
(2) The residence is zoned "A-I" (agricultural),
"1-2" (light industrial), or "1-3" (heavy
industrial);
(3) All of the dogs and cats over ninety (90) days
of age kept at the residence are registered as
required under this chapter and the person
in charge of the residence upon the request of
the supervisor, the health officer, or chief of
police, presents for inspection, the certificates
of registry for all such animals showing con-
tinuous registration for all such animals from
June 1, 1980, onward.
(b) It shall be unlawful for any person in charge
of a residence to own more than fifteen (15) do-
mestic chickens.
(c) Any kennel, catterie or hobby breeding es-
tablishment shall be limited in size to no more
than twenty (20) animals over four (4) months of
age.
(d) When animals in excess of the limits estab-
lished in this section are found at a residence, all
of the animals found at the residence may be
removed by the supervisor and impounded, ex-
cept that the person in charge of the residence
may designate and retain up to those limits es-
tablished in this section. (Ord. No. 80-8794, ~ 1(8-27),
4-28-80)
Sec. 7-33. Location of yard housing for ani-
mals.
It shall be unlawful for any person to maintain
any chicken coop, pigeon cote, or rabbit hutch
closer than fifty (50) feet to the nearest portion of
any building occupied by or in anywise used by
any person, other than the dwelling occupied by
the owner of the animals. Any yard housing for
animals shall be subject to the maintenance re-
quirements prescribed in section 7-58, and any
yard enclosure shall be so constructed and main-
tained that any animal kept therein is securely
confined and prevented from escaping therefrom.
(Ord. No. 80-8794, ~ 1(8-28), 4-28-80)
Sec. 7-34. Keeping bees.
It shall be unlawful for any person, either as
owner or as agent, representative, employee or
bailee of any owner, to keep or harbor any bees
within the limits of the city without having first
obtained a special permit therefor from the board
of commissioners. Any person desiring to obtain a
permit to keep bees within the city limits shall
file an application with the city clerk who shall
refer the same to the health officer. The health
officer shall investigate the proposed premises and
file his written report and recommendations with
the board of commissioners. After reviewing the
report from the health officer, the board of com-
missioners may grant the applicant permission to
keep bees upon his premises within the city lim-
its upon such terms and conditions as it may
specify. Any permit granted by the board of com-
missioners hereunder shall be subject to revoca-
tion in the event said applicant shall fail to com-
ply with the terms and conditions of the special
permit or if the keeping of the bees becomes a
nuisance, health hazard or detrimental to the gen-
eral welfare of the residents of the city. (Code
1966, ~ 23-166)
350
e
-
e
e
e
Sees. 7-35-7-45. Reserved.
ARTICLE IV. RESPONSIBILITIES OF
PERSONS OWNING ANIMALS
Sec. 7-46. Animal care requirements and pro-
hibition of animal cruelty.
(a) It shall be unlawful cruelty to animals for
any person to own any animal and:
(1) Fail to provide such sufficient and whole-
some food; potable water; shade and protec-
tion from the weather, which shall include a
structurally sound, weatherproof enclosure large
enough to accommodate the animal; oppor-
tunity for exercise; veterinary care when needed
to treat injury or illness, unless the animal is
instead humanely euthanized; or other care
as is needed for the health or well-being of
such kind of animal; or
(2) Abandon or leave any animal in any place.
For the purpose of this provision, "abandon"
means for the owner or keeper to leave any
animal without demonstrated or apparent in-
tent to recover or to resume custody; leave
any animal for more than twelve (12) hours
without providing for adequate food, potable
water, and shelter for the duration of the
absence; or turn out or release any animal
for the purpose of causing it to be impounded;
or
(3) Leave any animal unattended in a vehicle
when such vehicle does not have adequate
ventilation and temperature to prevent suf-
fering, disability or death to such animal.
(b) Any animal impounded for being kept in
violation of this section or section 7-71 may be
humanely euthanized by the supervisor if he deems
it necessary to relieve suffering. The owner of
any animal that is not euthanized shall be enti-
tled to regain custody of such animal only after
such custody is authorized by the court. All ex-
penses accrued for the treatment or care of such
animal shall be paid by the owner, whether or not
he seeks to regain custody of such animal. (Ord.
No. 80-8794, ~ 1(8-39), 4-28-80)
ANIMALS
~ 7-49
Sec. 7-47. Proper identification of cats and
dogs required.
It shall be unlawful for any person owning any
cat or dog to permit such animal to be outside the
residence structure of such owner without a cur-
rent city registration tag attached to the collar or
harness of such animal. It shall be unlawful for
any person to permit a city registration or rabies
vaccination tag to be worn by any animal other
than the animal for which such tag is issued.
(Ord. No. 80-8794, ~ 1(8-40), 4-28-80)
Sec. 7-48. Running at large prohibited; ex-
emptions.
It shall be unlawful for the owner of any ani-
mal to permit such animal to run at large within
the city at any time. Any animal shall be deemed
running at large when such animal is not inside a
residence structure, secure fence, or pen; on a
leash held by a person capable of controlling such
animal; or tethered in such a manner as to pre-
vent its getting onto public rights-of-way or an-
other's property. This provision shall not apply to
dogs being obedience-trained, to domestic pigeons,
or to cats, which shall, however, be kept under
reasonable restraint to prevent such nuisance ac-
tivities as are prohibited in section 7-49. (Ord.
No. 80-8794, ~ 1(8-41), 4-28-80)
Sec. 7-49. Animal nuisance activities pro-
hibited.
(a) The owner of any animal shall take all rea-
sonable measures to keep such animal from becom-
ing a nuisance. For the purpose of this provision,
"nuisance" is defined as any animal which:
(1) Molests or interferes with persons in the pub-
lic right-of-way;
(2) Attacks or injures persons, or other domestic
animals;
(3) Damages public or private property by its
activities or with its excrement;
(4) Scatters refuse that is bagged or otherwise
contained;
(5) Causes any condition which threatens or en-
dangers the health or well-being of persons
or other animals.
351
~ 7-49
SALINA CODE
(b) If a summons is issued charging violation of
this section, a subpoena shall also be issued to the
complainant to testify to the nuisance under oath.
(Ord. No. 80-8794, ~ 1(8-42), 4-28-80)
Sec. 7'::>0. Excessive animal noise prohibited.
It shall be unlawful for the owner of any ani-
mal to permit such animal to make excessive noise
that disturbs a neighbor. The following definitions
and conditions shall apply to this provision:
(1) The phrase, "excessive noise" shall mean
any animal noise which is so loud and con-
tinuous or untimely as to disturb the sleep or
peace of a neighbor.
(2) The term, "neighbor" shall mean any person
residing in a residence structure which is within
one hundred (100) yards of the property on
which the animal is owned.
(3) If a summons is issued charging violation of
this section, a subpoena shall also be issued
to the disturbed neighbor to testify to the
disturbance under oath. (Ord. No. 80-8794, ~
1(8-43), 4-28-80)
Sec. 7-51. Proper confinement of cats and
dogs in heat required.
The owner of any female cat or dog shall, dur-
ing the period that such animal is in heat, keep it
securely confined and enclosed within a building
except when out upon such person's premises briefly
for toilet purposes. (Ord. No. 80-8794, ~ 1(8-44),
4-28-80)
Sec. 7-52. Special registration of guard dogs
and posting of premises required.
(a) Any person owning a trained guard dog (for
the purpose of this section, meaning a dog used to
guard public or private property) in the city shall
register such dog with the supervisor, who shall
verifY that such animal is controllable by its keeper
and is confined in a manner that will not endan-
ger persons not on the premises guarded.
(b) A conspicuous notice shall be posted on the
premises where any guard dog is kept to warn
persons of the nature of the dog therein confined.
(c) Any person operating a guard dog service in
the city shall register such business with the su-
pervisor and shall list all premises to be guarded
with the supervisor before such service begins.
(Ord. No. 80-8794, ~ 1(8-45), 4-28-80)
Sec. 7-53. Annual registration of cats and dogs
required; exemption.
Any person owning any cat or dog over one
hundred twenty (120) days of age shall annually
register such cat or dog as prescribed in article VI
of this chapter, except for persons who shall be
required to license as a commercial animal estab-
lishment under the controls and provisions of ar-
ticle VII of this chapter. (Ord. No. 80-8794, ~ 1(8-46),
4-28-80)
Sec. 7-54. Rabies vaccination of cats and dogs
required.
Any person owning any cat or dog over one
hundred twenty (120) days of age shall be required
to have such animal currently immunized against
rabies. For the purpose of this chapter, "currently
immunized or vaccinated against rabies" shall
mean that such dog has been inoculated against
rabies by a licensed veterinarian within the past
twenty-four (24) months and such cat has been
inoculated against rabies by a licensed veterinar-
ian within the past twelve (12) months. However,
dogs under one (1) year of age which are inocu-
lated must receive a second rabies inoculation
within twelve (12) months. This provision shall
not apply to any catterie breeder duly licensed
under the provisions of this chapter. (Ord. No.
80-8794, ~ 1(8-47), 4-28-80)
Sec. 7-55. Animals in public buildings pro-
hibited; exemptions.
No animal shall be allowed to enter any thea-
tre, store, or other public building in the city,
whether accompanied by its owner or person in
charge or otherwise, except with the approval of
the building's owner or manager. Dogs trained to
assist the blind or deaf are exempt from this pro-
vision. (Ord. No. 80-8794, ~ 1(8-48), 4-28-80)
Sec. 7-56. Removal of animal feces required.
The owner of any animal, when such animal is
off the owner's property, shall be responsible for
the removal of any feces deposited by such ani-
352
e
e
e
e
e
mal on public walks, streets, recreation areas, or
private property and it shall be a violation of this
section for such owner to fail to remove or provide
for the removal of such feces before taking such
animal from the immediate area where such def-
ecation occurred. (Ord. No. 80-8794, ~ 1(849),4-28-80)
Sec. 7-57. Owner shall meet requirements for
reporting animal bites.
Any owner of any animal shall also meet any
requirements for the reporting of animal bites,
the confinement of animals that have bitten per-
sons, or any other duties prescribed by the health
officer through regulations issued to protect the
public health. (Ord. No. 80-8794, ~ 1(8-54), 4-28-80)
Sec. 7-58. Proper maintenance of animal yard
structures and pens required.
(a) It shall be unlawful for any person to keep
or maintain any animal in any yard structure or
area that is not clean, dry, and sanitary; free
from debris and offensive odors that annoy any
neighbor; and devoid of rodents and vermin.
(b) Excrement shall be removed daily from any
pen or yard area where animals are kept and, if
stored on the premises of any animal owner, shall
be stored in adequate containers with fly-tight
lids.
(c) All animal pens and yards shall be so lo-
cated that adequate drainage is obtained, normal
drying occurs, and standing water is not present.
(d) All earthen yards or runways wherein chick-
ens are kept shall be spaded, then limed once
every three (3) months from the month of April
through the month of December. All structures or
pens wherein chickens are kept shall be sprayed
to control flies and other insects.
(e) All premises on which animals are kept shall
be subject to inspection by the health officer. If
the health officer determines from such inspec-
tion that the premises are not being maintained
in a clean and sanitary manner, he shall notify
the owner of the animals in writing to correct the
sanitation deficiencies within twenty-four (24) hours
after notice is served on him. Any animal kept
under any condition which could endanger the
ANIMALS
~ 7-74
public or animal health or create a health nui-
sance may be impounded. Animals shall be re-
leased after fees are paid and cause for impound-
ment has been corrected. (Ord. No. 80-8794, ~
1(8-51), 4-28-80)
Sees. 7-59-7-70. Reserved.
ARTICLE V. ANIMAL PROTECTION
RESPONSIBILITY OF ALL
PERSONS*
Sec. 7-71. Cruelty generally.
No person shall willfully and wantonly kill,
beat, cruelly ill-treat, torment, overload, overwork,
or otherwise abuse any animal, or cause, insti-
gate or permit any dog fight, cock fight, or other
combat between animals or between animals and
humans, nor shall any person attend such unlaw-
ful exhibition or be umpire or judge at such. (Ord.
No. 80-8794, ~ 1(8-62),4-28-80)
Sec. 7-72. Report of motor vehicles striking
animals.
The operator of a motor vehicle which strikes
any animal shall, as soon as possible, report the
accident to the supervisor or the police depart-
ment. (Ord. No. 80-8794, ~ 1(8-62), 4-28-80)
Sec. 7-73. Offering animals as prizes or busi-
ness inducements prohibited.
No person shall offer to give any live animal as
a prize or as a business inducement. (Ord. No.
80-8794, ~ 1(8-62), 4-28-80)
Sec. 7-74. Selling of certain animals pro-
hibited.
It shall be unlawful for any person to sell within
the city any animal whose owning is prohibited
by this chapter or to sell or display any animal
that has been artificially dyed or colored. Chicks
or rabbits younger than eight (8) weeks of age
may not be sold or offered for sale in quantities of
*State law reference-Injury to a domestic animal, K.S.A.
21-3727.
353
~ 7-74
SALINA CODE
fewer than five (5) to an individual purchaser.
(Ord. No. 80-8794, ~ 1(8-62), 4-28-80)
Sec. 7-75. Exposing poison to animals.
No person shall expose any known poisonous
substance whether mixed with food or not, so that
the same shall be liable to be eaten by any ani-
mal, provided that it shall not be unlawful for a
person to expose, on his own property, poison mixed
with only vegetable substances. (Ord. No. 80-8794,
~ 1(8-62), 4-28-80)
Sec. 7-76. Spring steel traps restricted.
It shall be unlawful for any person to use a
spring steel trap in the city limits except rat and
mice traps. (Ord. No. 80-8794, ~ 1(8-62),4-28-80)
Sec. 7-77. Killing or molesting birds.
It shall be unlawful for any person to willfully
kill any songbird or to molest the nest of such
birds. (Ord. No. 80-8794, ~ 1(8-62), 4-28-80)
Sec. 7-78. Retention of animals unlawfully.
No person shall, without the knowledge or con-
sent of the owner, hold or retain possession of any
animal of which he is not the owner for more than
twenty-four (24) hours without first reporting the
possession of such animal to the supervisor. (Ord.
No. 80-8794, ~ 1(8-62), 4-28-80)
Sees. 7-79-7-90. Reserved.
ARTICLE VI. REGISTRATION OF
CATS AND DOGS
Sec. 7-91. Required.
It shall be the duty of any person owning in the
city any cat or dog over one hundred twenty (120)
days of age to register such cat or dog with the
city clerk, or his designee, and to renew such
registration annually. The city clerk may dele-
gate authority to the supervisor to enforce any
sections of this chapter requiring registration. (Ord.
No. 80-8794, ~ 1(8-73),4-28-80)
Sec. 7-92. Exemptions.
Any other section of this chapter notwithstand-
ing, the registration provision of this chapter, shall
not apply to any nonresident owner of any cat or
dog while such person is passing through the city,
provided such cat or dog shall remain on a leash
or otherwise effectively restrained while within
the city. (Ord. No. 80-8794, ~ 1(8-74),4-28-80)
Sec. 7-93. Fees; exemptions.
(a) The annual registration fees for cats and
dogs shall be determined by resolution.
(b) As proof of neutering or tatooing, an appli-
cant shall present to the city clerk a validation
signed by a licensed veterinarian.
(c) No registration fee shall be charged to any
owner of a dog trained as being used as a seeing
eye or hearing dog. (Ord. No. 80-8794, ~ 1(8-75),
4-28-80)
Sec. 7-94. Procedure.
Registration shall be accomplished at the office
of the city clerk, either in person or by mail, at
any time during the year that a cat or dog reaches
the age of required registration, at any time dur-
ing the year that an owner acquires a cat or dog
of required registration age, or within thirty (30)
days after a person owning a cat or dog of re-
quired registration age moves into the city. (Ord.
No. 80-8794, ~ 1(8-76), 4-28-80)
Sec. 7-95. Issuance of license.
The city clerk shall issue a license to the owner
under this article upon presentation of:
(1) A certificate of vaccination issued by a li-
censed veterinarian within the prescribed
period prior to the date of registration; and
(2) Payment of the prescribed registration fees.
(Ord. No. 80-8794, ~ 1(8-77),4-28-80)
Sec. 7-96. Receipt constitutes certificate of
registry.
The receipt issued for the registration shall con-
stitute a certificate of registry and evidence of
354
e
e
e
-
e
authorization for the keeping of such cat or dog
within the city, for one year following the date of
issuance. (Ord. No. 80-8794, ~ 1(8-78), 4-28-80)
Sec. 7-97. Registered in name of household
head.
All cats and dogs so owned in any household
shall be registered in the name of the same house-
hold head. (Ord. No. 80-8794, ~ 1(8-79), 4-28-80)
Sec. 7-98. Tags.
(a) At the time of the issuance of any certifi-
cate of registry, the city clerk shall deliver there-
with a registration tag bearing the registration
number of such certificate. The tag shall be kept
on the animal as required in section 7-47.
(b) A replacement tag shall be furnished by the
city clerk to any registrant upon application sat-
isfactory to the clerk and payment of a fee to be
established by resolution.
(c) Upon change of animal ownership, any per-
son acquiring any cat or dog currently registered
with the city shall apply to the city clerk to trans-
fer such registration to his name and no fee shall
be charged. (Ord. No. 80-8794, ~ 1(8-80), 4-28-80)
Sec. 7-99. Registration assistance by vet-
erinarians and registration rec-
ords.
Any veterinarian practicing within the city, upon
the examination or treatment of any cat or dog
that is required by this article to be registered
but whose owner cannot validate current regis-
tration, shall issue to the owner of such animal a
registration application and instructions for ac-
complishing such registration by mail. The clerk
shall provide to all veterinarians the aforemen-
tioned registration forms upon request by such
veterinarians. (Ord. No. 80-8794, ~ 1(8-81), 4-28-80)
Sec. 7-100. City clerk to maintain file of reg-
istry certificates.
The city clerk shall keep on file a copy of all
certificates of registry issued within the preced-
ing thirty-six (36) months. Such certificates shall
include, but not be limited to, the following in-
formation: The owner's name, address, and tele-
ANIMALS
~ 7-103
phone number; an alternate telephone number; a
description of the cat or dog, including name, breed,
color, age, weight, sex and neutered or unneutered
status; notation of proper tatoo marking, if appli-
cable; the number of the registration certificate
and tag issued; and the expiration date of the
registration. (Ord. No. 80-8794, ~ 1(8-82),4-28-80)
Sec. 7-101. City clerk to provide duplicate
records to supervisor.
The city clerk shall provide duplicate registra-
tion records to the supervisor, which shall include
monthly reports of new registrations and reports
of licenses issued to commercial animal establish-
ments. (Ord. No. 80-8794, ~ 1(8-83), 4-28-80)
Sec. 7-102. Hobby breeders license.
All hobby breeders shall obtain an annual city
license and pay the fee established by resolution
of the board of commissioners. No license shall be
issued until the applicant shall have furnished
satisfactory proof that he meets all the require-
ments of a hobby breeder as specified in section
7-1(11) and a written consent to the issuance of
the license, signed by the adjacent property own-
ers is filed with the city clerk. For the purpose of
this section, adjacent property owner shall mean
the owner of land of which any part thereof lies
within fifty (50) feet of any portion of the hobby
breeders property, and provided that the fifty (50)
feet shall exclude public streets and alleys; pro-
vided however, that this provision shall not apply
to hobby breeders holding a valid hobby breeders
license as of July 1, 1980. Any license issued
hereunder may be revoked at any time for just
cause at the discretion of the city manager. (Ord.
No. 80-8801, ~ 2(8-84), 7-21-80)
Sec. 7-103. Denial, revocation and rein-
statement.
(a) Withholding or falsifying information on a
license or registration application shall be grounds
for denial or revocation of such license or reg-
istration.
(b) Any person having been denied a license or
registration may not reapply for a period of thirty
(30) days. Each reapplication shall be accompa-
nied by a fee established by resolution.
355
~ 7-103
SALINA CODE
(c) No person who has been convicted of cruelty
to animals shall be issued a registration or a
license.
(d) It shall be a condition of the issuance of any
license or registration that the health officer shall
be permitted to inspect all animals and all prem-
ises where animals are kept at any time and shall,
if permission for such inspection is refused, re-
voke the license or registration.
(e) Any license or registration issued shall be
subject to revocation in the event such licensee or
registrant shall fail to comply with the terms and
conditions of such license or registration, or if the
activity licensed becomes a nuisance, health haz-
ard, or detriment to the safety and welfare of
residents of the city.
CD Any person whose license or registration is
revoked shall, within ten (10) days thereafter sur-
render any animal owned or kept to the supervi-
sor, who shall determine its disposition, and no
part of the license or registration fee shall be
refunded.
(g) Any person aggrieved by the denial or revo-
cation of a license or registration may appeal to
the board of commissioners, which body may ei-
ther issue, reinstate, or affirm the denial of such
license or registration. (Ord. No. 80-8794, ~ 1(8-110),
4-28-80)
Sees. 7-104-7-115. Reserved.
ARTICLE VII. LICENSING OF
COMMERCIAL ANIMAL
EST ABLISHMENTS
Sec. 7-116. Required.
It shall be unlawful for any person, either as
owner or agent, representative, employee, or bailee
of an owner, to operate a commercial animal estab-
lishment without being licensed for that activity
as provided in this article. (Ord. No. 80-8794, ~
1(8-94), 4-28-80)
.Cross reference-Licenses generally, Ch. 20.
Sec. 7-117. Application.
Any person desiring to obtain or annually renew
a license to operate a commercial animal estab-
lishment shall file an application with the city
clerk. (Ord. No. 80-8794, ~ 1(8-94), 4-28-80)
Sec. 7-118. Fee; exemptions.
(a) The fee for a license under this article shall
be as prescribed by section 2-2.
(b) No license fee shall be required of the ani-
mal shelter. No license fee shall be required of
any animal hospital.
(c) Any person for the first time beginning to
operate a commercial animal establishment shall
pay the applicable license fee at least thirty (30)
days prior to the start of such operation. (Ord. No.
80-8794, ~ 1(8-94, 8-95, 8-98), 4-28-80)
Sec. 7-119. Procedure.
Upon the receipt of the license application and
fee, the city clerk shall refer such application to
the health officer, who shall investigate the prem-
ises and file a written report and recommenda-
tion with the city clerk. If the application is ap-
proved by the health officer, the city clerk shall
issue the applicant a license to operate the activ-
ity under such conditions as the health officer
shall specify in the report. (Ord. No. 80-8794, ~
1(8-96), 4-28-80)
Sec. 7-120. Transferability.
Licenses for commercial animal establishments
shall not be transferable. (Ord. No. 80-8794, ~
1(8-99), 4-28-80)
Sec. 7-121. Expiration; renewal.
All licenses shall expire one year from the date
of issuance. Licensees shall be advised by written
notice of the city clerk sixty (60) days prior to the
license expiration date, for the purpose of license
renewal. The licensee shall then apply to the city
clerk for license renewal at least thirty (30) days
prior to the license expiration date to assure con-
tinuous licensing. (Ord. No. 80-8794, ~ 1(8-97),
4-28-80)
356
e
e
e
-
e
Sec. 7-122. Denial, revocation and rein-
statement.
(a) Withholding or falsifying information on a
license application shall be grounds for denial or
revocation of such license.
(b) Any person having been denied a license
may not reapply for a period of thirty (30) days.
Each reapplication shall be accompanied by a fee
established by resolution.
(c) No person who has been convicted of cruelty
to animals shall be issued a license.
(d) It shall be a condition of the issuance of any
license that the health officer shall be permitted
to inspect all animals and all premises where
animals are kept at any time and shall, if permis-
sion for such inspection is refused, revoke the
license.
(e) Any license issued shall be subject to revo-
cation in the event such licensee shall fail to com-
ply with the terms and conditions of such license,
or if the activity licensed becomes a nuisance,
health hazard, detriment to the safety and wel-
fare of residents of the city.
CD Any person whose license is revoked shall,
within ten (10) days thereafter surrender any an-
imal owned or kept to the supervisor, who shall
determine its disposition, and no part of the li-
cense fee shall be refunded.
(g) Any person aggrieved by the denial or revo-
cation of a license may appeal to the board of
commissioners, which body may either issue, re-
instate, or affirm the denial of such license. (Ord.
No. 80-8794, ~ 1(8-110), 4-28-80)
Secs. 7-123-7-135. Reserved.
ARTICLE VIII. IMPOUNDMENT,
RECOVERY AND ADOPTION OF
ANIMALS AT ANIMAL SHELTER
Sec. 7-136. Notification of capture and im-
poundment.
Upon the taking and impoundment of any cat
or dog wearing a current city registration or ra-
bies vaccination tag or having a proper tattoo
ANIMALS
P-l38
marking, the supervisor shall notify the owner of
such animal of its impoundment and conditions
under which the animal can be recovered. Such
notice shall be given by telephone or in writing
within forty-eight (48) hours of the impoundment
of such animal. (Ord. No. 80-8794, ~ 1(8-121), 4-
28-80)
Sec. 7-137. Owner of impounded animal may
be processed against for violation
of any applicable section or sec-
tions.
The owner of any impounded animal who does
not recover such animal may still be processed
against for violation of any applicable section or
sections ofthis chapter. (Ord. No. 80-8794, ~ 1(8-122),
4-28-80)
Sec. 7-138. Period for holding animals.
(a) The owner of any impounded cat or dog prop-
erly identified as prescribed in section 7-136 shall
be given five (5) business days to recover such
animal. The owner of any impounded cat or dog
not so identified shall be given three (3) business
days to recover such animal. Exemptions to these
holding periods shall be authorized when:
(1) Any cat or dog is given to be disposed of by
its owner;
(2) Any owner, upon notification of impound-
ment, declares his intention not to recover
such animal; or
(3) Any cat or dog not having proper identifica-
tion arrives at the shelter in such a condition
that, in the judgment of the supervisor, com-
passion requires that such animal be promptly
and humanely euthanized.
(b) The owner of any animal given to the su-
pervisor to be disposed of shall be required to
make payment of a fee established by resolution.
(c) Any cat or dog not recovered by its owner
within the prescribed holding period shall become
the property of the city and may be adopted, trans-
ferred to a duly incorporated humane society, or
humanely euthanized. (Ord. No. 80-8794, ~ 1(8-123),
4-28-80)
357
~ 7 139
SALINA CODE
Sec. 7-139. Procedure and fees for recovery
of animals.
(a) Any owner of an impounded dog or cat shall
be entitled to recover such animal if, within the
prescribed holding period, such person shall ap-
pear to claim such animal and shall make pay-
ment of the required fees. The required fees shall
be established by resolution.
(b) If an owner cannot validate current rabies
immunization for his animal, then such owner
shall, within three (3) business days, accomplish
such vaccination with a licensed veterinarian or
shall be issued a summons for violation of this
section.
(c) Any owner of any cat or dog impounded
more than one time within a twelve (12) month
period shall be responsible for paying all applica-
ble fees, and shall be issued a summons. (Ord. No.
80-8794, ~ 1(8-124), 4-28-80)
Sec. 7-140. Procedure and fees for adopting
animals.
(a) Any cat or dog not recovered by its owner
within the prescribed holding period may be of-
fered for adoption by a new adult owner.
(b) The supervisor shall collect such fees for
animal adoption as are established by resolution.
(c) Such rabies vaccination as is prescribed in
section 7-139(b) shall also be required.
(d) If any dog or female cat is under six (6)
months of age, or any male cat is under ten (10)
months of age, such owner shall agree in writing
to return such animal at a. specified place and
date for neutering. Such owner shall be required
to have such animal currently rabies immunized
by a licensed veterinarian before neutering. Any
neutering fee shall be forfeited by any owner who
fails to accomplish such neutering within thirty
(30) days after the specified neutering date. (Ord.
No. 80-8794, ~ 1(8-125), 4-28-80)
[The next page is 409]
358
e
e
e
e
e
Chapter 7.5
AUCTIONS AND AUCTIONEERS
Sec. 7.5-1. Licensing.
(a) Licenses shall be required under chapter 20
for the following:
(1) Auctioneers (not including the proprietors or
managers of auction rooms);
(2) Auction rooms or consignment auctions
(operators);
(3) Vehicle auctions at wholesale (business of
selling at auction wholesale new or used au-
tomobiles or trucks).
(b) License fees under this section shall be as
prescribed in section 2-2. (Code 1966, ~~ 20-38,
20-39, 20-69)
Cross reference-Licenses generally, Ch. 20.
[The next page is 459]
409
e
e
e
-
e
Chapter 8
BUILDINGS AND STRUCTURAL APPURTENANCES.
Art.
Art.
Art.
Art.
Art.
In General, H 8-1-8-15
Building Code Advisory Board, H 8-16-8-35
Building Code, H 8-36-8-50
One and Two Family Dwelling Code, H 8-51-8-65
Electrical Code, H 8-66-8-175
Div. 1. Generally, 99 8-66-8-75
Div. 2. Administration and Enforcement, 99 8-76-8-110
Subdiv. l. In General, ~9 8-76-8-95
Subdiv. II. Electrical Board of Examiners, ~9 8-96-8-110
Div. 3. Electrical Contractors, 99 8-111-8-130
Div. 4. Electrical Mechanics, 99 8-131-8-150
Div. 5. Permits and Inspections, 99 8-151-8-175
Plumbing Code, H 8-176-8-245
Div. 1. Generally, 99 8-176-8-200
Div. 2. Plumbers, 99 8-201-8-225
Div. 3. Appeals, 99 8-226-8-245
Gas Code, H 8-246-8-280
Div. 1. Generally, 99 8-246-8-255
Div. 2. Gas Fitters, 99 8-256-8-280
Mechanical Code, H 8-281-8-330
Div. 1. Generally, 99 8-281-8-290
Div. 2. Mechanical Contractors, 99 8-291-8-310
Div. 3. Permits and Inspections, 99 8-311-8-330
Code For Abatement of Dangerous Buildings, H 8-331-
8-350
X. Demolition, Removal or Relocation of Buildings, 99 8-351-
8-380
Div. 1. Generally, 99 8-351-8-360
Div. 2. Permit, 99 8-361-8-380
Sign Code, H 8-381-8-400
Fences, Walls and Hedges, H 8-401-8-425
Elevators and Elevator Installation, H 8-426-8-460
Div. 1. Generally, 99 8-426-8-435
Div. 2. Elevator Contractors, 99 8-436-8-445
Div. 3. Permits and Inspections, 99 8-446-8-460
Private Swimming Pools (Reserved), 99 8-461-8-475
Sandblasting, H 8-476-8-489
Div. 1. Generally, 99 8-476-8-485
Div. 2. Permit, 99 8-486-8-489
I.
II.
III.
IV.
V.
Art.
VI.
Art. VII.
Art. VIII.
Art.
IX.
Art.
Art. XI.
Art. XII.
Art. XIII.
Art. XIV.
Art. XV.
ARTICLE I. IN GENERAL
Sec. 8-2. License suspended if inspection fee
not paid.
Wherever in this chapter an inspection fee is
required, and the fee is not paid on or before the
tenth of the month following the making of the
inspection, the license of the person liable for the
fee shall be suspended until such time as the fee
is paid. (Code 1966, ~ 9-6)
Sec. 8-1. Payment of fees.
All fees required to be paid by this chapter
shall be paid to the city clerk and no permit re-
quired hereunder shall be valid until the fee there-
for has been paid to the city clerk. (Code 1966, ~
9-5)
.Cross references-Fire prevention and protection, Ch. 14; flood prevention and control, Ch. 15; housing, Ch. 18; mobile homes
and trailers, Ch. 22; planning, Ch. 29; public utilities, Ch. 31; solid waste, Ch. 34; streets, sidewalks and other public places; Ch.
35; subdivision regulations, Ch. 36; water and sewers, Ch. 41; zoning regulations, Ch. 42.
459
~ 8-3
SALINA CODE
Sec. 8-3. Notices of violations. .
All notices of violations issued by the building
official shall be in writing and shall contain a
specific period of time allotted for compliance.
(Code 1966, ~ 9-7)
Sees. 8-4-8-15. Reserved.
ARTICLE II. BUILDING CODE
ADVISORY BOARD*
Sec. 8-16. Created.
There is hereby created a building code advi-
sory board to act in an advisory capacity to the
board of city commissioners with reference to the
building codes of the city. (Code 1966, ~ 9-8)
Sec. 8-17. Membership.
The building code advisory board shall consist
often (10) members who shall be appointed by the
mayor, subject to the approval of the board of
commissioners. The board shall be composed of
one licensed architect, one licensed structural en-
gineer, one attorney, one realtor, one plumbing
contractor, one electrical contractor, one licensed
mechanical engineer, one heating and air condi-
tioning contractor, one home building contractor,
and one general contractor. The building, plumb-
ing and electrical inspectors of the city shall be ex
officio members. Initial appointments to the board
shall be for one (1), two (2), and three (3) year
terms, and thereafter all appointments shall be
for a term of three (3) years. (Code 1966, ~ 9-8)
Sec. 8-18. Officers, bylaws.
The building code advisory board shall annu-
ally organize and elect a chairman, vice-chairman
and secretary from its membership and may adopt
such bylaws as may be necessary to accomplish
the purposes of this section. (Code 1966, ~ 9-8)
Sec. 8-19. Compensation.
Members of the building code advisory board
shall serve without compensation from the city
*Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
for their services as such members, but this limi-
tation shall not preclude a member or its firm
from receiving compensation from the city under
competitive contracts for services which would be
performed for other departments or agencies of
the city. (Code 1966, ~ 9-8)
Sec. 8-20. Duties.
The building code advisory board shall:
(1) Study all uniform codes and local ordinances
adopted by the city, with reference to the
building industry, both residential and commer-
cial and make recommendations to the board
of city commissioners relative to the updat-
ing of the building codes of the city;
(2) Act in an advisory capacity to the building
board of appeals and to the zoning board of
appeals;
(3) Act in an advisory capacity to the board of
commissioners on any request for ordinance
changes affecting the building codes of the
city. (Code 1966, ~ 9-8)
Sees. 8-21-8-35. Reserved.
ARTICLE III. BUILDING CODE
Sec. 8-36. Uniform Building Code adopted.
There is hereby adopted, by reference, by the
city for the purpose of providing minimum stand-
ards to safeguard life or limb, health, property,
and public welfare by regulating and controlling
the design, construction, quality of materials, use
and occupancy, location and maintenance of all
buildings and structures within the city and cer-
tain equipment specifically regulated therein, that
certain building code known as the Uniform Build-
ing Code, recommended and published by the In-
ternational Conference of Building Officials, being
particularly the 1979 Edition thereof, including
the appendix thereto, of which not fewer than
three (3) copies have been, and now are filed in
the office of the city clerk and the same are hereby
460
e
e
e
-
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-67
incorporated as fully as if set out at length herein
and the provisions thereof shall be controlling in
the construction of all buildings and structures
therein contained within the corporate limits of
the city. (Code 1966, * 9-19)
State law reference-Authority to incorporate standard
codes by reference, KS.A. 12-3009 et seq.
Sec. 8-37. Definitions for code.
(a) Wherever the term "building official" is used
in the building code or elsewhere in this Code, it
shall be held to mean the official designated by
the city manager to administer this article.
(b) Wherever the word "city" is used in the
Uniform Building Code, it shall be held to mean
the City of Salina.
(c) Wherever the term "corporation counsel" is
used in the Uniform Building Code, it shall be
held to mean the attorney for the city. (Code 1966,
* 9-19)
Cross reference-Definitions and rules of construction gen-
erally, * 1-2.
Sec. 8-38. Board of appeals.
In accordance with the provisions of the Uni-
form Building Code, which the city has adopted
by reference, there is hereby created a board of
appeals for the city which board shall consist of
five (5) members to be appointed by the mayor
and whose duties, term of office and authority
shall be as provided for in the Uniform Building
Code. (Code 1966, S 9-1)
Cross references-Administration, Ch. 2; boards and com-
missions generally, * 2-136 et seq.
Sees. 8-39-8-50. Reserved.
ARTICLE IV. ONE AND TWO FAMILY
DWELLING CODE
Sec. 8-51. One and Two Family Dwelling Code
adopted.
There is hereby adopted, by reference, by the
city for the purpose of providing minimum stand-
ards to safeguard life or limb, health, property
and public welfare by regulating and controlling
the design, construction, quality of materials, use
and occupancy, location and maintenance of all
one and two family dwellings within the city,
that certain building code known as the One and
Two Family Dwelling Code, recommended and
published by the International Conference of Build-
ing Officials, being particularly the 1975 Edition
thereof, including the appendices thereto, of which
no fewer than three (3) copies have been, and now
:Ire filed in the office of the city clerk and the
same are hereby incorporated as fully as if set out
at length herein and the provisions thereof shall
be controlling in the construction of all one and
two family dwellings therein contained within
the corporate limits of the city, (Code 1966, S
9-450)
State law reference-Authority to incorporate standard
codes by reference, KS.A. 12-3009 et seq.
Sees. 8-52-8-65. Reserved.
ARTICLE V. ELECTRICAL CODE
DIVISION 1. GENERALLY
Sec. 8-66. National Electrical Code adopted.
The installation of electrical wiring and appa-
ratus for the utilization of electric current shall
be made in accordance with the 1981 Edition of
the National Electrical Code as published and
sponsored by the National Fire Protection Asso-
ciation, which is hereby incorporated by reference,
and adopted as the electrical code of the city,
except as modified by this article. Not fewer than
three (3) copies have been, and now are filed in
the office of the city clerk. (Code 1966, ~ 9-179;
Ord. No. 81-8830, ~ 1, 1-12-81)
State law reference-Authority to incorporate standard
codes by reference, KS.A. 12-3009 et seq.
Sec. 8-67. National Electrical Safety Code
adopted.
Installation, maintenance and repair of electri-
cal wiring, apparatus and appurtenances thereto
coming within the scope of the National Electri-
cal Code shall be performed according to the rules
and regulations as set out in the 1977 edition of
the National Electrical Safety Code. Not fewer
461
~ 8-67
SALINA CODE
than three (3) copies have been, and now are filed
in the office of the city clerk. (Code 1966, ~ 9-180)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12-3009 et seq.
Sec. 8-68. Service entrances.
Service entrance conductors shall be in rigid
conduit. In new residential dwellings, service en-
trance conductors shall have an ampacity of not
less than one hundred (100) amperes three (3)
wire and no service equipment shall be designed
to accommodate less than twelve (12) single pole
branch circuit breakers in addition to the one
hundred (100) amp main breaker, totaling a four-
teen (14) circuit panel. (Code 1966, ~ 9-181)
Secs. 8-69-8-75. Reserved.
DIVISION 2. ADMINISTRATION AND
ENFORCEMENT*
SUBDIVISION I. IN GENERAL
Sec. 8-76. Qualifications of inspector.
The electrical inspector shall be a competent
electrician, and shall be well versed in the rules
and requirements of the National Electrical Code,
this article and the electrical ordinances of the
city. (Code 1966, ~ 9-108)
Sec. 8-77. Reserved.
Sec. 8-78. Building official acting as inspector.
If the electrical inspector is unable to perform
his duties, or in the case of a vacancy, the city
manager may direct the building official to carry
out the duties of the electrical inspector. In such
event however, the building official shall receive
no further or other salary or remuneration than
that due him as the building official. (Code 1966,
~ 9-110)
Sec. 8-79. General duties of inspector.
The electrical inspector shall have general su-
pervision over the placing and installation of all
electric light, heat and power wires, raceways,
fixed and stationary appliances, conductors, ap-
.Cross reference-Administration, Ch. 2.
paratus, equipment and their supports in and upon
all buildings, shops, outhouses, sheds, trailer parks,
poles and all other structures within the city, in
accordance with the provisions of this article and
the ordinances of the city governing the place-
ment of electric wiring and appliances therein.
(Code 1966, ~ 9-111)
Sec. 8-80. Enforcement by inspector.
It shall be the duty of the electrical inspector to
enforce the provisions of this article and any other
ordinances concerning electric wiring or appara-
tus. (Code 1966, ~ 9-112)
Sec. 8-81. Inspector to decide questions.
The electrical inspector shall decide all ques-
tions not provided for in this article pertaining to
installation, operation or maintenance of electric
wiring and apparatus. (Code 1966, ~ 9-113)
Sec. 8-82. Removal of wires, turning off of
current in case of fire.
In case of fire the electrical inspector, the fire
chief or his deputy shall have the power to at once
cause the removal of all wires or the turning off of
all electric currents where the same shall inter-
fere with the work of the fire department during
the progress of a fire. (Code 1966, ~ 9-119)
Cross reference-Fire prevention and protection, Ch. 14.
Sec. 8-83. Condemnation of unsafe items and
material.
All electrical items and material for sale by
any person inspected and found unsafe or not
conforming to accepted safety standards shall be
condemned and removed from sale. The Ameri-
can Insurance Association label of approval, Un-
derwriters Laboratory label of approval or label
of inspection service will be the guideline used for
this service. No fee shall be charged for this ser-
vice. (Code 1966, ~ 9-120)
Sec. 8-84. Inspection, condemnation, cor-
rection of defective or dangerous
condition.
The electrical inspector shall make a thorough
inspection of all electrically wired buildings within
462
e
e
e
-
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-99
the city upon request, or whenever he deems it
necessary, and where wires or appliances used
therein are in dangerous or unsafe condition, so
as to endanger life or property, and upon discov-
ering defects therein, he shall notify in writing
the person owning, using or operating same, giv-
ing the person a reasonable period of time in
which to place the defective wires or appliances
in a safe, secure and noninterfering condition.
Any person owning, using or operating the defec-
tive wires or appliances, neglecting or refusing
within the time to make the necessary repairs or
changes and to have necessary work completed
within the specified time, shall be deemed guilty
of a violation of this article. The electrical inspec-
tor shall then have authority to order the supply-
ing company to discontinue electric service to the
defective wires or appliances until such defects
shall be repaired in accordance with the require-
ments of this article. No corporation, co-partnership,
association or individual or agent thereof, shall
supply or cause to be supplied any electric cur-
rent to conductors or apparatus which have been
found by the electrical inspector to be in an un-
safe condition or which have not been installed in
conformity with the provisions of this article and
from which the electrical inspector has ordered
the electric current to be turned off. (Code 1966, ~
9-121)
Sec. 8-85. Liabilities not affected.
This article shall not be construed to relieve or
lessen the responsibility of any corporation, co-
partnership, association, individual or agent there-
of, installing, operating or controlling any elec-
tric wiring or apparatus for damages to anyone
injured thereby, nor shall the city be held as as-
suming any liability by reason of the inspection
authorized herein or certificate or permit issued
pursuant to the provisions of this article. (Code
1966, ~ 9-123)
Sec. 8-86. Violations.
Any corporation, copartnership, association or
individual or agent thereof found guilty of violat-
ing any of the provisions of this article, or ne-
glecting or refusing to comply with any orders or
notices of the electrical inspector, made pursuant
to the provisions of this article, shall be guilty of
a misdemeanor. (Code 1966, ~ 9-124)
Sees. 8-87-8-95. Reserved.
SUBDIVISION II. ELECTRICAL BOARD
OF EXAMINERS*
Sec. 8-96. Created.
There is hereby created an electrical board of
examiners. (Code 1966, ~ 9-114)
Sec. 8-97. Membership.
The electrical board of examiners membership
shall be made up of five (5) members as follows:
Two (2) members that are licensed electrical con-
tractors, one (1) licensed electrical engineer, one
(1) journeyman electrician and one (1) attorney.
The board members shall be selected and appointed
by the mayor, with terms as follows: One member
for one (1) year; one for two (2) years; one member
for three (3) years; one member for four (4) years,
and one member for five (5) years. Upon expira-
tion of the term of office of a member of the board
his successor shall be appointed for a term of fiv~
(5) years. No member of the board may succeed
himself. No member of the board may be a mem-
ber of any other panel or board established by
this article. The chairman of the board shall be
selected annually from the members of the board.
None of the above members may be directly con-
nected with any decision being appealed to this
board. (Code 1966, ~ 9-115)
Sec. 8-98. Quorum.
Three (3) members of the electrical board of
examiners shall constitute a quorum for the per-
formance of its assigned duties. (Code 1966, ~
9-116)
Sec. 8-99. Duties.
(a) Grievances. When a person feels that a de-
cision of the elec.trical inspector is unjust, he may
appeal the decision to the electrical board of ex-
aminers. The board shall have no authority to
overrule ordinance directives except as specified
.Cross references-Administration, Ch. 2; boards and
commissions generally, ~ 2.136 et seq.
463
~ 8-99
SALINA CODE
in subsection (b). The electrical inspector shall
comply with the electrical board of examiners de-
cisions.
(b) Hardship cases. When an ordinance direc-
tive is encountered which will impose a general
public hardship because of an area peculiarity,
the board will draft a proposed amendment to
this section and submit said proposal to the city
commission for its consideration. Pending approval
or disapproval of the proposed amendment, any
appeal or directive will be held in abeyance.
(c) Amendments. When an inequity is noted in
this article and an addition is considered vital to
facilitate the enforcement hereof, the electrical
inspector shall inform the electrical board of ex-
aminers by letter of this need. The board will
review this request and upon determining that
the need does in fact exist shall draft a proposed
amendment and forward the same to the city com-
mission for its consideration. Upon approval, the
amendment may be published as an interim
amendment to this article. (Code 1966, ~ 9-117)
Sec. 8-100. Procedure for appeals.
The party making an appeal to the electrical
board of examiners shall provide in writing all
the information pertinent to the decision being
appealed. Five (5) copies of the appeal shall be
forwarded to the chairman of the board, who shall
forward one copy to each board member. The chair-
man shall then complete arrangements for the
meeting of the board and shall inform all inter-
ested parties as to the time, date and place of the
meeting. Decisions shall be reached by a simple
majority of those present and voting, and the chair-
man shall vote only in the case of a tie. Every
decision of the board shall be recorded in writing
and shall indicate the vote. All such decisions
shall be made a matter of record. (Code 1966, ~
9-118)
Sees. 8-101-8-110. Reserved.
DIVISION 3. ELECTRICAL CONTRACTORS
Sec. 8-111. License required.
Except as otherwise provided in section 8-113,
all persons engaging in the installation or repair-
ing of electric wiring, lighting fixtures, equipment,
devices or electrical apparatus of any nature, in
or upon any building, structure or premises within
the city, having qualified as elsewhere required
in this article, shall first procure from the city
clerk an electrical contractor's license. (Code 1966,
~ 9-130)
Cross reference-Licenses generally, Ch. 20.
Sec. 8-112. Scope of license.
An electrical contractor's license if obtained and
so long as it is in force shall entitle the holder
thereof to engage in the installation or repair of
electric wiring for the transmission and utiliza-
tion of electrical energy for light, heat or power
and the appurtenances, equipment and devices
for the utilization and control of the same. (Code
1966, ~ 9-131)
Sec. 8-113. Exemptions.
The following persons shall not be required to
obtain an electrical contractor's license:
(1) Any person operating as a public utility
under franchise with the city, supplying power,
communications or services may supply and
maintain any measuring equipment installed
by them, together with their overhead lines,
so long as they remain the property of the
utility company supplying the service;
(2) Any person working in or upon any building
or premises owned and occupied by an agency
of the federal government;
(3) The maintenance or repair of portable house-
hold appliances, radios, television sets, busi-
ness machines, motors, music boxes, games
and portable tools normally supplied through
an approved cord and attachment cap;
(4) Any person installing signal systems for pro-
tective purposes such as burglar alarms, re-
mote controls, and similar circuits and only
when used as an extension of a central sta-
tion such as a telephone, telegraph, radio,
television and sound systems when the base
system is Underwriters Laboratory approved
and connected to line voltage with an approved
attachment cord and attachment cap, and con-
tains current limiting transformers and pro-
464
e
e
e
--
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-131
tection as defined in the National Electrical
Code as Class II control and signal circuits;
(5) A bona fide owner of a single family dwelling
being used exclusively as his dwelling, includ-
ing the usual accessory buildings, may be
granted a permit provided that he personally
purchases and installs all material used in
the electrical installation, and further provided
all other portions of this article are adhered
to. The same shall apply to a new dwelling;
(6) Any person who has a currently valid mobile
home craftsman license issued by the city
while performing repairs or replacements to
the electrical system located within a mobile
home under the provisions of article IV of
chapter 22. (Code 1966, ~ 9-139)
Sec. 8-114. License fee.
The license fee under this division shall be as
prescribed in section 2-2. (Code 1966, ~ 9-132)
Sec. 8-115. Insurance required.
Every person engaging in the business of an
electrical contractor in the city shall, as a condi-
tion of the issuance of his license, procure and
maintain in full force and effect for the duration
of the license with limits of not less than the
maximum liability for claims which could be as-
serted against the city for any number of claims
arising out of a single occurrence or accident under
the Kansas Tort Claims Act, as amended. (Code
1966, ~ 9-134)
Sec. 8-116. Bond required.
Before any person shall be granted an electri-
cal contractor's license, the person shall execute a
good and sufficient surety bond in the sum of five
thousand dollars ($5,000.00), the same to be ap-
proved by the city attorney, conditioned upon the
good and faithful performance of work done by
him or them, upon any building, structure, sign
or premises within the city, the payment of all
fees connected therewith, and to hold the city
harmless on account of any damage arising from
faulty work or neglect of duty in the protection of
the public. (Code 1966, ~ 9-135)
Sec. 8-117. Doing work without meeting re-
quirements prohibited.
It shall be unlawful for any person or agent
thereof to engage in the installation or repair of
electric wiring, raceways, lighting fixtures, equip-
ment, devices or electric apparatus of any nature
before securing such license and until furnishing
proof of having complied with the insurance re-
quirements and having furnished the approved
surety bond as required by this division. (Code
1966, ~ 9-136)
Sec. 8-118. License to be displayed.
The holder of an electrical contractor's license
shall conspicuously post or display the license in
the public reception area of his place of business.
(Code 1966, ~ 9-133)
Sec. 8-119. Transferability of license.
An electrical contractor's license shall not be
transferable, and shall not be rented, loaned, leased
or assigned by the person holding such license.
(Code 1966, ~ 9-137)
Sec. 8-120. Suspension, revocation of licenses.
Electrical contractors' licenses may be suspended
or revoked for willful and persistent violations of
the provisions of this article. (Code 1966, ~ 9-138)
Sees. 8-121-8-130. Reserved.
DIVISION 4. ELECTRICAL MECHANICS
Sec. 8-131. Classes established.
There are hereby established the following classes
of electrical mechanics:
(1) Master electrician. A master electrician shall
certify at least six (6) years of practical expe-
rience in the electrical trade doing the type
of work he will be required to perform, su-
pervise or direct. Two (2) years satisfactory
work at an accredited trade school, or a de-
gree in electrical engineering conferred by
an accredited college or university, and four
(4) years practical experience may be accepted
in lieu of the foregoing requirements.
465
~ 8-131
SALINA CODE
(2) Journeyman electrician. A journeyman elec-
trician shall certify at least four (4) years of
practical experience in the electrical trade
doing the type of work that he will be re-
qu5red to perform, supervise or direct. Two
(2) years satisfactory work in an accredited
trade school, or a degree in electrical engi-
neering conferred by an accredited college or
university, and three (3) years practical ex-
perience may be accepted in lieu of the fore-
going requirements.
(3) Apprentice electrician. Any person earning
his livelihood as an electrician, but who has
not acquired the necessary longevity of expe-
rience to be eligible to become a journeyman
electrician, or who with the necessary lon-
gevity of experience has not obtained a jour-
neyman electrician's license, is hereby clas-
sified as an apprentice electrician. Except by
special written consent issued by the board of
examiners, he shall not work except when
under the immediate supervision and direc-
tion of a licensed journeyman electrician or
master electrician, properly licensed by the
city. No person who has had his license re-
voked for cause, shall be allowed to work as
an apprentice electrician, without the express
consent of the board of examiners. Each qual-
ifying apprentice electrician shall be issued
an apprentice electrician working permit, and
it shall be renewed from time to time as shall
be required for the journeyman electrical li-
cense, as set out elsewhere in this article.
There shall be a charge as provided in sec-
tion 2-2 for each permit and for each renewal
thereof. The board of examiners may suspend
or revoke any apprentice electrician's work-
ing permit for just and reasonable cause.
(4) Nonresident electrician. A nonresident elec-
trician is a person holding a valid master or
journeyman's license from other than the city.
Such master or journeyman's license shall be
honored; provided that the issuing city shall
have entered into an agreement with the city,
granting reciprocal privileges to the holders
of valid city electrician's licenses, and fur-
ther provided that the issuing city shall con-
duct examinations to determine the qualifi-
cations of its licensees. Any decision as to
doubtful qualifications of a licensee shall be
determined by the board of electrical exam-
iners. Nothing in this section shall exempt
the nonresident electrician from obtaining the
proper licenses from the city as set forth in
section 8-114 and section 8-139. (Code 1966, ~
9-145)
Sec. 8-132. Master electrician required.
Each person holding an electrical contractor's
license as elsewhere set forth in this article shall
have in its employ at all times one person holding
a valid master electrician's license. One and the
same person may hold the electrical contractor's
license and the master electrician's license. For
the purpose of meeting the requirements of this
section, a master electrician may act as the mas-
ter electrician for only one electrical contractor.
The holder of an electrical contractor's license
shall keep the electrical inspector informed in
writing as to the person holding a master electri-
cian's license in his employ. (Code 1966, ~ 9-146)
Sec. 8-133. Board of examiners.
There is hereby created a board of examiners of
six (6) persons, five (5) of whom shall be appointed
by the mayor, by and with the consent of the
board of city commissioners, to pass upon the quali-
fications as elsewhere set forth in this article, of
all persons engaging in the installation or repair-
ing of electric wiring, lighting fixtures, equipment,
devices, or electrical apparatus of any nature, ex-
cept measuring equipment installed by and re-
maining the property of the utility company sup-
plying the service, in or on any building, structure,
pole, sign or premise within the city. Two (2) mem-
bers of the board of examiners shall be selected
from available licensed electrical contractors, and
two (2) shall be selected from available licensed
master electricians, or licensed journeymen elec-
tricians, each of whom shall have been engaged
in the respective business of electrical contractor
or electrician in the city for at least five (5) years
preceding the date of appointment, except that
the appointment of the initial electrician mem-
bers of the board shall be made without the re-
quirement as to the license. A person holding a
466
e
e
e
-
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-141
license as an electrical contractor may serve only
as an electrical contractor member of this board.
The fifth member of this board shall be an elec-
trical engineer, so licensed by the state. The sixth
member of the board shall be the duly appointed
and qualified electrical inspector and shall serve
as the secretary of the board. The appointed mem-
bers of the board shall serve two (2) year terms,
and appointments shall be so made that the board
will have at least two (2) experienced appointees
at all times. A board member will serve until his
successor has been appointed and qualified. No
board member shall serve more than two (2) con-
secutive full terms. (Code 1966, ~ 9-146.1)
Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
Sec. 8-134. Board to hold meetings.
It shall be the duty of the members ofthe board
of examiners under such rules and regulations as
they shall prescribe, to hold meetings in March
and September for the purpose of passing upon
the qualifications of parties desiring licenses to
perform electric wiring and electrical work within
the city. (Code 1966, ~ 9-147)
Sec. 8-135. Evidence to accompany application
for examination.
An applicant for an examination hereunder shall
submit evidence in detail to prove longevity and
diversity of experience requirements as set out in
section 8-131, and the board of examiners shall
verify all claims made by the applicant, before he
shall be eligible for examination. (Code 1966, ~
9-148)
Sec. 8-136. Board to conduct examinations;
scope.
It shall be the duty of the board of examiners to
conduct examinations of applicants for journey-
man and master electricians' licenses. The exam-
ination shall consist of questions, problems and
demonstrations designed to show the extent of
the applicant's knowledge concerning the detailed
provisions of this article and the National Elec-
trical Code, the practical experience in electrical
work which the applicant has had, and the degree
of proficiency he has attained. The examinations
shall be given on the basis of the current code at
the time which the examination is given. (Code
1966, ~ 9-149)
Sec. 8-137. Reexamination after failure.
If the applicant does not meet the requirements
of the board of examiners, he may not make a
new application before a period of six (6) months
has elapsed. Such future examinations taken by
such person shall have been altered so that he
does not take the same examination twice. (Code
1966, ~ 9-150)
Sec. 8-138. Issuance of licenses.
After certification by the board of examiners,
licenses may be issued by the city clerk. (Code
1966, ~ 9-151)
Sec. 8-139. license fees.
Any person making application to the electri-
cal inspector for a master electrician license or a
journeyman electrician license, shall pay to the
electrical inspector at the time he makes applica-
tion for the license a fee as prescribed in section
2-2. (Code 1966, ~ 9-152)
Sec. 8-140. Expiration, renewal.
Masters' and journeymen's licenses shall be valid
until December thirty-first of the year issued and
shall be renewed not later than January thirty-
first of the following year, or the license shall be
void and a new application must be made and the
applicant must prove himself qualified before a
license may be issued. (Code 1966, ~ 9-153)
Sec. 8-141. Suspension, revocation.
Any master electrician's license, journeyman
electrician's license or any apprentice electrician's
working permit issued under this article, may be
suspended for a definite length of time, or revoked
outright by the board of examiners, for good and
sufficient cause. Such decisions are subject to writ-
ten appeal to the board of city commissioners,
and such appeal shall be filed in writing with the
city electrical inspector within ten (10) days after
the decision has been rendered. Any and all such
appeals arising from such rulings of the board of
467
~ 8.141
SALINA CODE
examiners shall be expedited and completed not
later than thirty (30) days after the appeal has
been filed with the electrical inspector. (Code 1966,
~ 9-154)
Sees. '8-142-8-150. Reserved.
DIVISION 5. PERMITS AND INSPECTIONS
Sec. 8-151. Permit required.
No person shall make any installation of wir-
ing for the transmitting of electric current for
light, heat or power or make any change or addi-
tion to any wiring that has been installed in or
upon any building in the city without the owner,
electrical contractor or person doing such work
first obtaining from the electrical inspector a per-
mit covering such work. (Code 1966, ~ 9-160)
Sec. 8-152. When permit not required.
This article shall not be construed to mean that
a permit shall be required before replacing minor
defective devices such as lighting switches or re-
ceptacles; no inspection of them will be required.
The installation of lighting fixtures requires a
permit in every case. (Code 1966, ~ 9-161)
Sec. 8-153. Record of permits required.
A complete record shall be kept by the electri-
cal inspector of all permits issued by him. (Code
1966, ~ 9-162)
Sec. 8-154. Permit fees established.
Electrical permit fees will be collected from the
electrical contractor, individual or property owner
as prescribed in section 2-2. (Code 1966, ~ 9-163)
Sec. 8-155. Payment of fee; failure to pay.
All permit fees shall be due and payable to the
city clerk not later than the tenth of the month
following the month in which the permit was is-
sued. Failure of any person to remit payment of
permit fees by the specified date will be a viola-
tion of this article. (Code 1966, ~ 9-164)
Sec. 8-156. Conditions to issuance of permit.
No electrical permit shall be granted or issued
to any person unless and until such person shall
have secured and paid for an electrical contrac-
tor's license and unless and until all other provi-
sions and requirements necessary to be done and
performed prior to the granting of any such li-
cense or permit shall have been fully complied
with by the person applying for such permit. (Code
1966, ~ 9-165)
Sec. 8-157. Inspector to inspect.
(a) It shall be the duty of the electrical inspec-
tor to inspect or cause to be inspected by compe-
tent deputies appointed by him all electric light,
heat and power wires, raceways, fixtures and fixed
and stationary appliances, conductors, apparatus
and their supports placed in or upon any building
within the city regardless of whether such plac-
ing or installation is done or made by persons,
firms or corporations engaged in other business
but doing their own electrical maintenance, or by
electricians licensed by the city in their employ.
(b) The following are exceptions to inspections
required by subsection (a):
(1) In the event of a residential structure which
is built or assembled other than at its ulti-
mate location, the electrical inspector may
authorize a licensed professional engineer or
registered architect to perform the required
inspections and certify in writing that all the
requirements of the National Electrical Code
are being complied with; provided that the
engineer or architect shall not be a regular
employee of the manufacturer of such struc-
tures.
(2) If there is cause to believe that any of the
sections of the National Electrical Code are
not being complied with the electrical inspec-
tor may cause any portion of the electrical
system to be inspected by him or his author-
ized representative, and may cause any por-
tion of the structure to be dismantled to per-
form such inspections.
(3) Procedures to insure compliance will be im-
plemented by the inspection department. These
may include but are not limited to on-site
inspection of electrical work, tests of materi-
als and methods used in assembly of the struc-
tures, and other procedures as may be neces-
468
e
e
e
e
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-175
sary to insure the public safety. (Code 1966, S
9-166)
Sec. 8-158. Inspection, approval required.
Upon the completion of each phase of the electri-
cal installation (rough wire-service-finish) of elec-
tric wiring systems and apparatus in any build-
ing, or upon any structure, for use in connection
with electric lighting, heat or power, it shall be
the duty of the person doing the same to notify
the electrical inspector of competent deputies or
assistants deputized by him who shall inspect the
same and if approved by him the electrical in-
spector or his deputy shall place his stamp along
with the date of the inspection at the main dis-
connect center or as near as possible when the
main disconnect has not been installed. This stamp
shall be considered as express permission to con-
ceal said electrical wiring. The stamp of approval
shall not be placed unless all apparatus, wires,
etc., connected therewith are in strict conformance
with the rules and regulations of this article and
current shall not be turned into any wiring or
apparatus until the stamp of approval has been
affixed. (Code 1966, ~ 9-167)
Sec. 8-159. When inspections to be accomp-
lished.
Service, rough wire and finish inspections on
new construction will be accomplished within forty-
eight (48) hours of regular working days after the
request for inspection has been received. Installa-
tions such as outlets and minor items will be
accomplished on a time available basis. (Code 1966,
* 9-168)
Sec. 8-160. Inspector's right of entry.
The electrical inspector or a competent assis-
tant appointed by him shall have the right, dur-
ing reasonable hours, to enter any building, man-
hole or subway in the discharge of his official
duties or for the purpose of making any test of the
electrical apparatus or appliances therein contained,
and for that purpose he shall be given prompt
access to all buildings, private or public, and to
all manholes and subways, upon application to
the company or individual owning or in charge or
control of the same, and it shall be unlawful for
any such owner or person in charge thereof to
refuse to permit or to prevent the electrical in-
spector from entering such building, manhole or
subway. (Code 1966, S 9-169)
Sec. 8-161. Concealing wiring before in-
spection.
No person or agent thereof shall conceal or cause
to be concealed any electric wiring or apparatus
mentioned in this article until after the same has
been inspected and approved by the electrical in-
spector, and the electrical inspector is hereby au-
thorized to order the removal of any flooring, lath-
ing or plaster, sheet metal or any other material
which may conceal any electrical wiring or appara-
tus contrary to the provisions of this article. (Code
1966, ~ 9-170)
Sec. 8-162. Inspection of alterations and
changes.
(a) No alteration or change shall be made in
the electric wiring or apparatus located within or
upon a building, sign, pole, or structure, or upon
any premise, nor shall any change be made on
such as set out above without first notifying the
electrical inspector and causing the same to be
inspected as a new installation.
(b) Prior to installing circuits for additional ap-
pliances in any structure, the electrical contrac-
tor shall first determine that adequate service
and feeder capacity is available to serve the ap-
pliance or appliances for which the wiring is to be
installed. (Code 1966, ~ 9-171)
Sec. 8-163. Certificate of approval required
before setting meter or connect-
ing current.
No person furnishing electric power or current
shall set the meter or turn current on any new
wiring or repair or alter wiring before receiving
an inspection certificate from the electrical inspec-
tor certifying his approval of such wiring. (Code
1966, ~ 9-172)
Secs. 8-164-8-175. Reserved.
469
~ 8-176
SALINA CODE
ARTICLE VI. PLUMBING CODE*
DIVISION 1. GENERALLY
Sec. 8-176. Uniform Plumbing Code adopted.
In order to protect the public health and safety
of the city through the establishment of minimum
regulations for the installation, alteration and
repair and maintenance of plumbing and drain-
age systems, the provisions of the 1979 Edition of
the Uniform Plumbing Code and all appendices
thereto, are hereby incorporated, by reference,
herein and adopted as the plumbing code of the
city except as modified by this article, of which
not fewer than three (3) copies have been, and
now are filed in the office of the city clerk and the
same are hereby incorporated as fully as if set out
at length herein and the provisions thereof shall
be controlling in the installation, alteration, re-
pair and maintenance of all plumbing and drain-
age systems within the corporate limits of the
city. (Code 1966, ~ 9-200)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12-3009 et seq.
Sec. 8-177. Administrative authority defined.
Whenever the term "administrative authority"
is used in this article or in the Uniform Plumbing
Code hereby adopted, it shall be construed to mean
the city building official, and shall include his
authorized representatives. The powers and du-
ties of the administrative authority shall be as
set forth in the Uniform Plumbing Code. (Code
1966, ~ 9-201)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sees. 8-178, 8-179. Reserved.
Sec. 8-180. Amendment of Section 608(c) of
the Uniform Plumbing Code.
Section 608(c) of the Uniform Plumbing Code
as adopted by the city is hereby amended to read
as follows:
*Cross references-Maintenance of plumbing and hous-
ing, ~ 18-74; water and sewers, Ch. 41.
<l(c) No commercial dishwashing machines shall
be directly connected to a drainage system or
food waste disposer without the use of an ap-
proved dishwasher air-gap fitting on the dis-
charge side of the dish washing machine. Listed
airgaps shall be installed with the flood level
(FL) marking at or above the flood level of the
sink or drainboard, whichever is higher." (Code
1966, ~ 9-205.1)
Sec. 8-181. Exception to inspection require-
ment of the Uniform Plumbing
Code.
(a) In the event of a residential structure which
is built or assembled other than at its ultimate
location, the administrative authority may autho-
rize a licensed professional engineer or registered
architect to perform the required inspections and
certify in writing that all the requirements of the
Uniform Plumbing Code are being complied with;
provided that the engineer or architect shall not
be a regular employee of the manufacturer of
such structures.
(b) If there is cause to believe that any of the
sections of the Uniform Plumbing Code are not
being complied with, the administrative author-
ity may cause any portion of the plumbing and/or
gas system to be inspected by him or his author-
ized representative, and may cause any portion of
the structure to be dismantled to perform such
inspections.
(c) Procedures to insure compliance will be im-
plemented by the inspection department. These
may include but are not limited to on-site inspec-
tion of plumbing and/or gas work, tests of mate-
rials and methods used in assembly of the struc-
tures, and other procedures as may be necessary
to insure the public safety. (Code 1966, ~ 9-205.2)
Sec. 8-182. Amendment of Section 401(a)2 of
the Uniform Plumbing Code.
Section 401(a)2 of the Uniform Plumbing Code
as adopted by the city is hereby amended to read
as follows:
"ABS or PVC installations limited to those
structures where combustible construction is
allowed." (Ord. No. 81-8870, ~ 1, 8-24-81)
470
e
e
e
-
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-188
Sec. 8-183. Amendment of Section 503(a)2 of
the Uniform Plumbing Code.
Section 503(a)2 of the Uniform Plumbing Code
as adopted by the city is hereby amended to read
as follows:
"ABS or PVC installations shall be limited
to buildings that are not required in the build-
ing code to be of noncombustible construction."
(Ord. No. 81-8871, ~ 1, 8-24-81)
Sec. 8-184. Size of potable water piping.
(a) All water service pipes and connections in
the city over, through or along any street, lane,
avenue or alley, from the corporation cock on the
water mains to the curb cock shall be of cast iron
with approved fittings, or type "K" copper pipe.
Flared, or silver soldered copper or brass fittings,
shall be used in making such connections on cop-
per pipe.
(b) In installations from the water main to the
curb cock, the minimum size water service line
shall be one inch trade diameter for each premise
to be serviced, and shall provide a minimum of a
full three-fourths-inch water line to each consumer
to be serviced therefrom.
(c) At the point of connection with the corpora-
tion cock, the copper pipe shall be bent in an "s"
or other form to allow for movement of the pipe.
All service pipes shall be laid at least three (3)
feet below the surface and be so protected as to
prevent rupture from freezing or damage from
other causes. All joints and connections shall be
of brass, screw type, flared or silver soldered cop-
per fittings. Each service shall be furnished, at
the curbline, with a "T" handle, inverted key,
round way, brass curb cock or stop, or if service is
two and one-half (2'12) inches and larger, a one
hundred twenty-five (125) pounds gate valve lo-
cated not more than twelve (12) inches from the
street curb may be used; provided that the direc-
tor of utilities of the city may direct or permit the
curb cock to be placed in a different location where
he deems it necessary or advisable; provided fur-
ther, that where more than one consumer is served
through a single service pipe, a curb cock and
stop box shall be provided for each branch of such
service. The curb cock shall be protected by an
approved service box, the top of which shall be
flush with the top of the ground or curbing and
shall reach from the pipe to the surface. A stop
and waste cock shall be placed inside of the foun-
dation of the building to be used by the consumer
for shutting off the water to avoid damage or
waste of water in case of accident or cold weather.
All such service pipes and all other cocks, "T's",
valves and other fittings shall be installed by the
owner of the premises to be supplied, and shall be
and remain the property of such owner, but no
part of the same which lies in any street or public
property shall be removed except in accordance
with the ordinances of the city then in force and
in accordance with the rules and regulations of
the street department and the waterworks depart-
ment of the city. On streets where paving has
been or is ordered to be laid, old service pipes
other than copper or cast iron shall be replaced at
the expense of the property owner. When service
pipes are laid only to the curb for future use, the
end of the pipe must be securely capped or plugged
and a curb and service box installed. (Code 1966,
~ 9-234)
Sec. 8-185. Floor drains.
A vent will not be required for a floor drain,
shower or washer connection unless the floor drain,
shower or washer connection is located twenty
(20) feet or more from a vented waste or soil line
or is located four (4) feet or more above a vented
waste line. (Code 1966, ~ 9-237)
Sec. 8-186. Sanitary tap tee.
It is not the intention of this article to prohibit
the use of a single hub sanitary tap tee as a
drainage fitting. (Code 1966, ~ 9-238)
Sec. 8-187. Trap installation.
In exposed locations, slip joints will be permit-
ted on brass tubular traps provided the traps are
seventeen (17) gauge or heavier and installed with
brass slip ring nuts. (Code 1966, ~ 9-239)
Sec. 8-188. Back water valves.
Back water valves shall be gate valves as de-
fined in Section 210 of the Uniform Plumbing
471
~ 8-188
SALINA CODE
Code. Such valves shall remain sufficiently open
during periods of low flows to avoid screening of
solids and shall not restrict capacities or cause
excessive turbulence during peak loads. Valve ac-
cess covers shall be bolted type with gasket and
each valve shall bear the manufacturer's name
cast into the body and cover. (Code 1966, ~ 9-239.1)
Sec. 8-189. Valves and fittings.
Gate valves shall be used on drainage work
and shall be full way type with working parts of
corrosion resistant metal. Sizes four (4) inches or
more in diameter shall have cast iron bodies and
sizes less than four (4) inches cast iron or brass
bodies. (Code 1966, ~ 9-239.2)
Sec. 8-190. Drainage below curb and also
below main sewer level.
Drainage piping serving fixtures that are lo-
cated below the elevation of the curb or property
line, at the point where the building sewer crosses
under the curb or property line, and above the
crown level of the main sewer, shall drain by
gravity into the main sewer, and shall be pro-
tected from backflow of sewage by installing an
approved type gate valve and each such gate valve
shall be installed only in that branch or section of
the drainage system which receives the discharge
from fixtures located below the elevation of the
curb or property line. (Code 1966, ~ 9-239.3)
Sees. 8-191-8-200. Reserved.
DIVISION 2. PLUMBERS*
Sec. 8-201. Definitions.
The following words and phrases, when used in
this division, shall have the meanings respectively
ascribed to them:
(1) Apprentice plumber shall mean a person who
has sincerely dedicated himself to learning
the plumbing trade, and must be in the em-
ploy of a master or employing plumber.
(2) Employing plumber or plumbing contractor
shall mean a person who engages in the busi-
.State law reference-Regulation of plumbers in cities of
7,000 or over, K.S.A. 12-1501 et seq.
ness or trade of plumbing and employs a cer-
tified master plumber for the purpose of his
business.
(3) Journeyman plumber shall mean a person
who holds a certificate issued pursuant to
this article showing him qualified to do plumb-
ing work, but who is not a master or employ-
ing plumbing or plumbing contractor as de-
fined herein.
(4) Master plumber shall mean a person who
holds a certificate issued pursuant to this ar-
ticle, showing him to be qualified and equipped
to layout, plan and supervise the installa-
tion, repair and maintenance of plumbing.
(Code 1966, ~ 9-206)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 8-202. Certification required; exception.
It shall be unlawful for any person to labor at
the trade of plumbing without first having had
issued to him a valid certificate of qualification
by the board of plumbing examiners and register-
ing the certificate with the city clerk; provided
however, that the exchange or replacement of an
existing home appliance, such as a hot water heat-
er, dishwasher, food waste disposer, automatic
washer, refrigerator or water softener, not requir-
ing the installation of a new water supply or waste
line, shall be excluded from the provisions of this
section; and provided further, that any person
regularly employed by the water and sewerage
department shall be exempt from the provisions
of this section when performing labor on property
owned and maintained by the city; and provided
further, that any person holding a valid mobile
home craftsman license issued by the city shall
be exempt from the provisions of this section while
performing those services for which he is licensed
under article IV of chapter 22. (Code 1966, ~ 9-207)
Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
Sec. 8-203. Membership of board of examiners.
The board of plumbing examiners shall consist
of three (3) members. One member shall be a
qualified master plumber, one member shall be a
qualified journeyman plumber and one member
472
e
e
e
-
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-212
shall be a member of the health department. (Code
1966, S 9-208)
Sec. 8-204. Administrative authority to be a
member and secretary of board.
The administrative authority shall serve as an
ex officio member and shall act as secretary to
the board of plumbing examiners and for the pur-
pose of section 8-203 shall be a member of the
health department of the city, except that he shall
be responsible to the city manager and the board
of commissioners. (Code 1966, ~ 9-209)
Sec. 8-205. Appointment, term of board of
examiners.
The members of the board of plumbing exam-
iners shall be appointed by the mayor with the
consent of the board of commissioners. Members
shall serve for two (2) years on each appointment
or until their successor has been duly appointed.
(Code 1966, S 9-210)
Sec. 8-206. Quorum for board of examiners.
Two (2) members of the board of plumbing ex-
aminers shall constitute a quorum. (Code 1966, S
9-211)
Sec. 8-207. Duties of board.
(a) The board of plumbing examiners shall issue
plumbing certificate of qualification to such per-
son as may be entitled thereto, and conduct examina-
tions for the purpose of determining the compe-
tency and knowledge of plumbing and drainage
work of persons who are required by this article
to take such examination. The board of examin-
ers shall determine the character of examination
to be given applicants and qualifications of per-
sons desiring to take such examination.
(b) The board of plumbing examiners shall keep
an accurate record of all its official transactions
and render such reports and statistics as the de-
partment having jurisdiction may require and direct.
(c) The board of plumbing examiners shall elect
annually, a chairman from the members who shall
preside at all meetings. They shall adopt such
rules and regulations as they see fit for the proper
and efficient discharge of their official duties.
(d) The board of plumbing examiners may can-
cel or revoke any certificate of qualification or
registration issued by them to any person, if such
person later shows incompetency or lack of knowl-
edge in matters relevant to such certificate or if
such certificate was obtained by fraud. If the cer-
tificate of qualification or registration of any per-
son be so cancelled or revoked, another such cer-
tificate shall not be granted to such person within
twelve (12) months after the date of cancellation
or revocation. (Code 1966, S 9-212)
Sec. 8-208. Fee to accompany application.
Each person filing an application to obtain a
certificate of qualification shall, at the time of
filing, pay to the secretary the examining fee as
prescribed in section 2-2. (Code 1966, S 9-213)
Sec. 8-209. Gas fitter's examination required.
Each applicant taking the plumber's examina-
tion (master, employing or journeyman plumber)
shall take, at the time, the examination for a gas
fitter's license. Failure to qualify for the plumber
or gas fitter's license, disqualifies the applicant
for either license. Only one examination fee shall
be paid for taking both examinations. (Code 1966,
S 9-214)
Sec. 8-210. Forfeiture of fee for failure to
appear.
Failure of the applicant to appear for the exam-
ination when notified shall forfeit the application
fee. (Code 1966, S 9-215)
Sec. 8-211. Issuance of certificate; fees.
(a) If the board of plumbing examiners is satis-
fied with the examination of the applicant, it shall
issue a certificate of qualification to be presented
to the city clerk for registration.
(b) The license and registration of certificate
shall be issued by the city clerk and the appli-
cants shall pay the fee as prescribed in section
2-2. (Code 1966, S 9-216)
Sec. 8-212. Exemption from examination.
Any person may be exempt from taking the
plumber's examination if the person can show
473
~ 8-212
SALINA CODE
that he is the holder of a certificate issued by
another city with a population over seven thou-
sand (7,000) and the board is satisfied that the
certificate was issued as the result of having passed
an e~amination having requirements equivalent
to the examination given by this city. Such certif-
icate shall be accepted as valid in the city, but the
applicant shall not be exempt from paying the
filing fee as indicated in section 2-2. (Code 1966, !i
9-217)
Sec. 8-213. Registration of certificate, li.
cense prerequisite to doing
work.
A person holding a certificate of qualification
to work at plumbing in the city shall, before work-
ing, register his certificilte in the office of the city
clerk and secure a license and/or registration as
hereinbefore provided. (Code 1966, !i 9-218)
Sec. 8-214. Expiration, renewal of licenses and
certificates.
Each license and certificate shall be renewed
annually and the license and certificate shall ex-
pire on the thirty-first day of December regard-
less of when the license was secured. (Code 1966,
!i 9-219)
Sec. 8-215. Renewal procedure; fee.
The license and registration of certificate re-
newal fee shall be paid to the city clerk. The
annual renewal fee shall be as prescribed in sec-
tion 2-2. (Code 1966, !i 9-220)
Sec. 8-216. Deadline for renewal of licenses.
No permit will be issued to any master or em-
ploying plumber after January thirty-first when
the license has not been renewed. (Code 1966, !i
9-221)
Sec. 8-217. Certificates not transferable;
misuse.
Certificates of qualification or registration are
not transferable from one person to another and
the lending of any certificate or the obtaining of
permits thereunder for any other person shall be
deemed cause of revocation. (Code 1966, !i 9-222)
Sec. 8-218. Bond required.
(a) Every person engaging in or working at the
business or trade of plumbing in the city as a
master plumber or employing plumber shall be-
fore so engaging, or entering upon any job of plumb-
ing in the city, file with the city clerk a corporate
surety bond in the principal sum of five thousand
dollars ($5,000.00) to be approved by the city at-
torney as to form and surety, conditioned that the
principal therein will save the city free and harm-
less from all liability for any injury to persons or
property which the principal, his agents, servants,
or employees may cause by reason of engaging in
the business of plumbing in the city, and further
conditioned for a full compliance with the provi-
sions of this article and the prosecution of such
business.
(b) All bonds in force at the time of completion
of any plumbing work shall continue in force so
far as such work is concerned, for a period of one
year from the date of completion of the work. A
new bond or an extension certificate of an old
bond shall be filed upon the expiration of any
bond. (Code 1966, ~~ 9-223, 9-224)
Sec. 8-219. Insurance required.
Every person engaging in or working at the
business or trade of plumbing in the city, as a
master plumber or employing plumber shall, as a
condition to the issuance of his license, procure
and maintain in full force, for the duration of the
license, public liability insurance, with limits of
not less than the maximum liability for claims
which could be asserted against the city, for any
number of claims arising out of a single occur-
rence or accident under the Kansas Tort Claims
Act, as amended. Proof of coverage shall be
on file with the city at all times. Each insurance
policy shall contain a clause to the effect that the
policy shall not at any time during the license
period be canceled or reduced, restricted or limit-
ed, unless the administrative authority is given
ten (10) days written notice. (Code 1966, !i 9-225)
Secs. 8-220-8-225. Reserved.
474
e
e
e
-
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-257
DIVISION 3. APPEALS
Sec. 8-226. Board of appeals created, mem-
bership.
The board of plumbing appeals shall consist of
five (5) members. Two (2) members shall be quali-
fied master plumbers, two (2) members shall be
qualified journeyman plumbers, and one member
shall be a licensed professional engineer in the
state to represent the public at large. (Code 1966,
~ 9-226)
Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
Sec. 8-227. Appointment of board, terms of
office.
The members of the board of plumbing appeals
shall be appointed by the mayor with the consent
of the board of commissioners and the recommen-
dations of the appropriate organizations. Members
shall serve for two (2) years on each appointment
or until their successors have been duly appoint-
ed. (Code 1966, ~ 9-228)
Sec. 8-228. Administrative authority to be
member and secretary of board.
The administrative authority shall be an ex
officio member and shall act as secretary to the
board of plumbing appeals. (Code 1966, ~ 9-227)
Sec. 8-229. Quorum for board.
Three (3) members of the board of plumbing
appeals shall constitute a quorum. (Code 1966, ~
9-229)
Sec. 8-230. Board to determine appeals.
The board of plumbing appeals shall act in mak-
ing a correct determination of any appeal arising
from the actions of the administrative authority.
(Code 1966, ~ 9-230)
Sec. 8-231. Records, reports of board.
The board of plumbing appeals shall keep an
accurate record of all their official transactions
and render such reports and statistics as the de-
partment having jurisdiction may require and di-
rect. (Code 1966, ~ 9-231)
Sec. 8-232. Chairman of board; rules author-
ized.
The board of plumbing appeals shall elect an-
nually a chairman from the members who shall
preside at all meetings. They shall adopt such
rules and regulations as they see fit for the proper
and efficient discharge of their official duties. (Code
1966, ~ 9-232)
Sec. 8-233. Procedures.
Appeals shall be made within ten (10) calendar
days from date of the inspector's decision. Deci-
sions of the board of plumbing appeals shall be
made within ten (10) calendar days of receipt of
appeal. Decisions of the board shall be in writing,
in triplicate, one copy for board's files. If a deci-
sion is not rendered by the board within ten (10)
days, the appeal shall be deemed to have been
denied. (Code 1966, ~ 9-233)
Sees. 8-234-8-245. Reserved.
ARTICLE VII. GAS CODE
DIVISION 1. GENERALLY
Sees. 8-246-8-255. Reserved.
DIVISION 2. GAS FITTERS
Sec. 8-256. Certification required.
It shall be unlawful for any person to labor at
the trade of gas fitting or to install gas burning
appliances and equipment without first securing
a gas fitter's certificate and license as provided
for in this division; provided however, any person
who holds a valid mobile home craftsman license
issued by the city shall be exempt from the provi-
sions of this section while performing those ser-
vices provided for in article IV of chapter 22.
(Code 1966, ~ 9-241)
Sec. 8-257. Application for certification.
Any person wishing to receive a certificate of
qualification as a gas fitter shall make applica-
tion to thf.! board of plumbing examiners on forms
475
~ 8-257
SALINA CODE
provided by the administrative authority. (Code
1966, ~ 9-242)
Sec. 8-258. Fee to accompany application.
At .the time the person files the application for
certification, he shall pay to the secretary of the
board a fee as prescribed in section 2-2. (Code
1966, ~ 9-243)
Sec. 8-259. Forfeiture of fee.
Failure to appear for the examination when
notified of the time and "place will be cause to
forfeit the fee. (Code 1966, ~ 9-244)
Sec. 8-260. Examination required; nature.
Each person filing an application for certifica-
tion and paying the fee as herein provided shall
be given an examination by the board of gas fit-
ters, which shall consist of three (3) persons to be
appointed by the mayor, with the approval of the
city commission. The examination shall be of a
practical nature and shall test the applicant's knowl-
edge of gas piping, gas appliance installation, vent-
ing and ventilation. (Code 1966, ~ 9-245)
Sec. 8-261. Issuance of certificate.
After a person has successfully passed the exam-
ination for certification of qualifications, the board
shall issue the certificate in his name. There is no
fee for receiving the certificate and the certificate
is not revocable except as provided for elsewhere.
(Code 1966, ~ 9-246)
Sec. 8-262. Registration of certificate; fee.
Each person who holds a certificate from the
examining board as having passed the necessary
qualifications shall register the certificate with
the clerk of the city, after he has paid the fee as
prescribed in section 2-2. (Code 1966, ~ 9-247)
Sec. 8-263. Issuance of license.
After the applicant has paid the fee and regis-
tered his certificate, the city shall issue a license
to the applicant authorizing him to engage in the
work of gas fitting as a master gas fitter or a
journeyman gas fitter. (Code 1966, ~ 9-248)
Sec. 8-264. Expiration, renewal of license and
certificate.
Each license and certificate shall be renewed
annually and the license and certificate shall ex-
pire on the thirty-first day of December regard-
less of when the license was secured. (Code 1966,
~ 9-249)
Sec. 8-265. Issuance or renewal; fee.
The license and certificate renewal fee shall be
paid to the city clerk who will issue the license
and certificate renewal. The annual renewal fee
shall be as prescribed in section 2-2. (Code 1966, ~
9-250)
Sec. 8-266. Renewals not subject to examina-
tion fee.
A master plumber or journeyman plumber re-
newing a certificate and license shall be exempt
from the application fee as provided in this divi-
sion for gas fitters. (Code 1966, ~ 9-251)
Sec. 8-267. Current license prerequisite to
permit.
No permit will be issued to any master or jour-
neyman gas fitter after January thirty-first of
any year, for gas fitting work when the license
has not been renewed. (Code 1966, ~ 9-252)
Sec. 8-268. Bond and insurance required;
exception.
(a) Any person desiring to engage in the busi-
ness of gas fitting or gas plumbing, with author-
ity to dig in the street, alley, public grounds, or
elsewhere in the city, before engaging in the busi-
ness of gas fitting, shall file with the city clerk a
satisfactory bond and such certificates of insur-
ance as are required under sections 8-218 and
8-219.
(b) Any gas utility company doing business under
a franchise with the city shall not be required to
secure a license or file a bond when engaged in
the performance of duties, obligations or rights
conferred upon such utility by the franchise. A
utility company, corporation or individual, sup-
plying gas for either private or public consump-
476
e
e
e
-
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-294
tion may install gas mains, gas meters and gas
meter settings, repair or replace gas service lines,
open and close the gas service line valves, and
perform any other duties or acts required by the
franchise or state or federal regulations, on either
public or private property. (Code 1966, ~ 9-253)
Sec. 8-269. Extension of plumbing license,
bond and insurance.
Any employing plumber or plumbing contrac-
tor, master plumber or journeyman plumber who
holds a valid certificate of qualification and li-
cense under the provisions of the plumbing code
shall be exempt from securing a gas fitting li-
cense and registration certificate. A new bond
and insurance will not be required if the bond
and insurance in force is extended and expanded
to cover the provisions of gas fitting and gas plumb-
ing. (Code 1966, ~ 9-254)
Secs. 8-270-8-280. Reserved.
ARTICLE VIII. MECHANICAL CODE
DIVISION 1. GENERALLY
Sec. 8-281. Uniform Mechanical Code adopted.
There is hereby adopted, by reference, by the
city for the purpose of providi~g minimum stand-
ards to safeguard life or limb, health, property
and public welfare by regulating and controlling
the design, construction, installation, quality of
materials, location, operation, and maintenance
of heating, ventilating, cooling, refrigeration sys-
tems, incinerators and other miscellaneous heat-
producing appliances, that certain mechanical code
known as the Uniform Mechanical Code, recom-
mended and published by the International Con-
ference of Building Officials, being particularly
the 1979 Edition thereof, and the whole thereof,
of which not fewer than three (3) copies have been
and are now on file in the office of the city clerk,
and the same is hereby incorporated as fully as if
set out at length herein, and the provisions thereof
shall be controlling in the installation of all heat-
producing appliances within the corporate limits
of the city. (Code 1966, ~ 9-440)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12-3009 et seq.
Sec. 8-282. Amendment of Chapter 3, Table
3A, of the Uniform Mechanical
Code.
Chapter 3, Table 3A of the Uniform Mechani-
cal Code is hereby amended by deleting item 6.
(Code 1966, ~ 9-440.1)
Secs. 8-283-8-290. Reserved.
DIVISION 2. MECHANICAL CONTRACTORS
Sec. 8-291. License required.
(a) It shall be unlawful for any person to en-
gage in the business of mechanical contracting
without first having secured a mechanical con-
tractor's license.
(b) A homeowner who is presently occupying
the home shall not be required to obtain a license
to install equipment regulated by this article. (Code
1966, ~ 9-442)
Cross reference-Licenses generally, Ch. 20.
Sec. 8-292. Classes of licenses.
There are hereby established two (2) classes of
. license for those engaged in the mechanical con-
tracting business.
(1) Class A mechanical contractor shall be li-
censed to do all work regulated by the me-
chanical code.
(2) Class B mechanical contractor shall be li-
censed to install or construct only fireplaces,
wood burning stoves and furnaces or other
similar solid fuel burning appliances. (Code
1966, ~ 9-441)
Sec. 8-293. License fee.
The license shall be issued by the city clerk and
the applicant shall pay the fee as prescribed in
section 2-2. (Code 1966, ~ 9-443)
Sec. 8-294. License application.
Applications for a mechanical contractor's li-
cense shall be made to the city clerk on a form to
be provided by the clerk. (Code 1966, ~ 9-444)
477
~ K.2~j;";
SALINA CODE
Sec. 8-295. Insurance required.
It shall be required of the holder of a mechani-
cal contractor's license, as a condition thereof,
that he procure and maintain in full force and
effect for the duration of the license, public liabil-
ity insurance, with limits of not less than the
maximum liability for claims which could be as-
serted against the city, for any number of claims
arising out of a single occurrence or accident under
the Kansas Tort Claims Act, as amended.
Sec. 8-296. Bond required.
Before any person shall be granted a mechani-
cal contractor's license, the contractor shall exe-
cute a good and sufficient bond in the sum of five
thousand dollars ($5,000.00) the same to be ap-
proved by the city attorney, conditioned upon the
good and faithful performance of work done in
the city, payment of all fees connected therewith,
and to hold the city harmless on account of any
damages arising from the faulty work or neglect
of duty in the protection of the public. (Code 1966,
* 9-449.2)
Sec. 8-297. Exemptions from new contractor
fee.
Persons doing business as a bona fide mechani-
cal contractor on January 1, 1980 shall not be
required to pay the fee for a new application, but
shall be charged the renewal fee as set forth in
section 2-2. Further, the same shall apply to cur-
rently licensed electrical, plumbing and gas fit-
ters who are doing mechanical work as a part of
their regular business, but nothing in this section
shall be construed to mean that these contractors
will be permitted to do mechanical work without
first obtaining the proper mechanical contractor's
license, and providing the proper insurance and
bond as set forth in sections 8-295 and 8-296.
(Code 1966, * 9-449.3)
Secs. 8.298-8-310. Reserved.
DIVISION 3. PERMITS AND INSPECTIONS
Sec. 8-311. Permit required.
(a) No mechanical contractor shall perform any
work regulated by the Uniform Mechanical Code
without first obtaining a permit from the build-
ing official.
(b) An owner/occupant of a single-family dwell-
ing may install equipment regulated by this arti-
cle. A permit shall be obtained prior to commenc-
ing such work. (Code 1966, * 9-445)
Sec. 8-312. Records of permits required.
(a) A complete record of the permits issued shall
be kept by the building official.
(b) Sales of equipment regulated by this arti-
cle, directly to consumers shall be recorded and
reported to the building official and inspections
on form provided by the building official. This
requirement is due to the hazards involved in the
improper installation of such equipment.
(c) Consumers purchasing equipment shall be
advised by the seller of requirements for permits
and inspections. (Code 1966, * 9-446)
Sec. 8-313. Building official to inspect.
It shall be the duty of the building official to
inspect, or cause to be inspected, any work for
which permits are required by this article. (Code
1966, * 9-447)
Sec. 8-314. Inspection and approval required.
Any work performed under this article will re-
quire inspection and approval by the building of-
ficial. (Code 1966, * 9-448)
Sec. 8-315. Concealing work before inspection.
No mechanical contractor shall conceal, or cause
to be concealed, work performed under this arti-
cle prior to inspection and approval. (Code 1966, *
9-449)
Secs. 8-316-8-330. Reserved.
ARTICLE IX. CODE FOR ABATEMENT OF
DANGEROUS BUILDINGS.
Sec. 8-331. Uniform Code for the Abatement
of Dangerous Buildings adopted.
There is hereby adopted, by reference, by the
city for the purpose of providing minimum stand-
*Cross reference-Nuisances, Ch. 24.
478
e
e
e
-
e
BUILDINGS. STRUCTURAL APPURTENANCES
* H-:lfi:l
ards to safeguard life or limb, health, property
and public welfare by regulating and controlling
the abatement of dangerous buildings within the
city, that certain building code known as the Uni-
form Code for the Abatement of Dangerous Build-
ings, recommended and published by the Interna-
tional Confel'ence of Building Officials, being par-
ticularly the 1979 Edition thereof. including the
appendices thereto, of which not fewer than three
1:31 copies have been, and now are filed in the
office of the city clerk, and the same is hereby
incorporated as fully as if set out at length herein
and the provisions thereof shall be controlling in
the abatement of dangerous buildings within the
corporate limits of the city_ (Code 1966, ~ 9-460)
Stah- law rpference-AlI!hol'I!\' to Incorporal<' standard
,'"d,'," III 1'"f"I','nC(', K,S,:\, l~,:lf)()!l"t ,""'I,
Sees. 8-332-8-350. Reserved.
ARTICLE X. DEMOLITION. REMOVAL
OR RELOCATION OF BUILDINGS
DIVISION L GENERALLY
Sec. 8-351. Duties required of permittee.
It is hereby made the duty of all applicants to
whom a permit has been issued or granted by the
city to:
III Complete the work of moving, tearing down,
or dismantling within the time specified in
the permit;
12) On a building moved to property within the
city, to complete the building in accordance
with plans and specifications and city build-
ing codes within time specified in the permit;
(3) Clear from the premises left vacant by such
removal or demolition all trash, debris, junk
and discarded building material;
(4) Removal of all foundation and slab floors at
least one foot below ground level, unless an-
other building or other structure is to be re-
erected immediately upon the foundation as
specified in the application for the permit;
(5) Fill all open wells, cisterns, cellars, base-
ments or other excavations remaining on said
lot, unless the same are to be used immedi-
ately with another structure to be erected
thereon;
(6) At all times keep the premises in a safe con-
dition in order to avoid creating a fire hazard
or any menace to the public health or safety
of the general public. (Code 1966, ~ 9-328)
Sees. 8-352-8-360. Reserved.
DIVISION 2. PERMIT
Sec. 8-361. Required.
No person shall commence the removal, demo-
lition or relocation of any structure or any por-
tion thereof within the city without first securing
a permit from the building official as provided in
this division. The provisions of this article shall
also be applicable to the moving of a structure
from without the city limits to property located
within the city. (Code 1966, ~ 9-324)
Sec. 8-362. Application.
The application for a permit as required by this
division shall set forth the following:
(1) Name and address of applicant;
(2) Two (2) photographs of the structure pro-
posed to be moved and located on property
within the city;
(3) Legal description of property upon which the
structure is now located and where the struc-
ture is to be relocated;
(4) Plans and specifications for the relocation of
any structure within the city. Plans must
include full compliance with all applicable
building codes of the city;
(5) Demolition plans shall include manner in
which work will be accomplished and a de-
scription of the safeguards to be employed for
protection of persons or property;
(6) Time of commencement of work and esti.
mated time of completion. (Code 1966, * 9-326)
Sec. 8-363. Issuance.
Upon the filing of the application and bond
required in section 8-364 and the payment of the
479
~ b-363
SALINA CODE
fees as prescribed by the building code, the build-
ing official may issue a permit to the applicant if
he finds that the applications, in all respects, com-
plies with the provisions of this article and other
applicable provisions of the Code. The building
official shall specify in the permit the time granted
by him for completion of all work required to be
done thereunder. For good cause shown, the build-
ing official may once extend the period of time
granted by the permit for completion of the work
for a period not to exceed fifty (50) percent of the
time granted under the original permit. Further
extension of time may only be granted upon proper
application to the board of commissioners. The
permit may be issued subject to such restrictions
as may be necessary to insure compliance with
this article. (Code 1966, ~ 9-327)
Sec. 8-364. Bond required.
The applicant for a permit under this division
shall file with the application a surety bond duly
signed by a corporate surety authorized to do busi-
ness in the state or cash, in the sum of one thou-
sand dollars ($1,000.00) to guarantee that the ap-
plicant will comply with the provisions of his per-
mit and this article. If the building official de-
termines that the reasonable cost of restoring the
premises to the conditions provided for in this
article are in excess of one thousand dollars
($1,000.00), then the bond shall be increased to
such amount. If the applicant fails, neglects or
refuses to comply with all of the provisions of this
article or any condition as specified in his appli-
cation or permit, then the building official may
proceed forthwith, to put the premises in the con-
dition provided for in this article or in the permit.
The actual cost incurred by the city to make the
premises comply with this article and the condi-
tions specified in the permit, may, at the option of
the city, either be taxed against the property and
a levy therefor be certified and collected in the
same manner as special assessments, or be pay-
able from the bond filed by the applicant with the
city clerk. (Code 1966, ~ 9-329)
Sees. 8-365-8-380. Reserved.
ARTICLE XI. SIGN CODE*
Sec. 8-381. Uniform Sign Code adopted.
There is hereby adopted, by reference, by the
city for the purpose of providing minimum stand-
ards to safeguard life, health, property and public
welfare by regulating and controlling the design,
quality of materials, construction, location, electri-
fication, and maintenance of all signs and sign
structures not located within a building, that cer-
tain sign code known as the Uniform Sign Code
recommended and published by the International
Conference of Building Off~cials, being particu-
larly the 1979 Edition thereof, and the whole thereof,
and except such portions as are hereinafter delet-
ed, modified, or amended, of which not fewer than
three (3) copies have been and are now on file in
the office of the city clerk and the same are incor-
porated herein as fully as if set out at length
herein and the provisions thereof shall be control-
ling in the construction and erection of all signs
within the corporate limits of the city. (Code 1966,
~ 9-63)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12-3009 et seq.
Sec. 8-382. Permit required.
(a) No advertising sign subject to the provisions
of this article shall hereafter be hung or erected
until after a permit to hang, erect or locate the
same has been obtained from the building offi-
cial. No such permit shall be issued by the inspec-
tor until an application has been filed in his office
showing the plans and specifications, including
stress diagrams or tabulated stresses, dimensions,
materials, and details of construction, together
with complete details showing methods of anchor-
ing proposed signs or until the applicant has paid
the prescribed fee; provided, that portable ground
signs not over eight (8) square feet in area may be
erected or located without the necessity of obtain-
ing a permit; provided further, that no sign erected
.Cross references-Advertising, Ch. 3; zoning regulations
for signs, ~ 42-501 et seq.
State law reference-Highway advertising control act, K.S.A.
68-2231 et seq.
480
e
e
e
-
e
BUILDINGS, STRUCTURAL APPURTENANCES
or constructed prior to the adoption of this Code
for which a permit is required for original con-
struction shall be relocated, rebuilt or remodeled
without coming into compliance with the provi-
sions hereof and until after a sign permit has
been obtained to effect such alteration or relocation.
(b) Any person desiring a permit under the pro-
visions of this section shall, at the time of receiv-
ing such permit, pay to the city the fee as pre-
scribed in section 2-2. (Code 1966, ~ ~ 9-66, 9-67)
Sec. 8-383. license required for sign business.
No person shall engage in the business of sign
hanging or the erection of signs within the corpo-
rate limits of the city without complying with the
provisions of this article and first obtaining a
license. There shall be a license fee as prescribed
in section 2-2 for such person engaged in the busi-
ness of sign hanging and the erection of signs. All
persons engaged in the business of sign hanging
and the erection of signs will come under this
license except those who are employed by con-
tractors carrying a license. There shall be a sepa-
rate license for each place of business conducted
by any person; provided, that nothing in this sec-
tion shall prevent any person from hanging or
erecting any sign or signs to be used in advertis-
ing the business of such person, but strict compli-
ance shall be made at all times in the hanging of
such signs with the provisions of this article. The
license shall be valid until December thirty-first
of the year issued. A new license will be issued for
the ensuing year if the fee is paid by January
fifteenth. If the fee is not paid on or before Janu-
ary fifteenth, a new application must be made
and fee paid before a license will be issued. (Code
1966, S 9-68)
Cross reference-Licenses generally, Ch. 20.
Sec. 8-384. Bond and insurance for sign
business.
Before any applicant shall be granted from the
city a license to engage in the business of sign
hanging or the erection of signs in the city the
applicant shall:
(1) Execute and deliver to the city a good and
sufficient surety bond in the sum of five thou-
sand dollars ($5,000.00) conditioned upon the
~ 8-401
good and faithful performance of work done
by him or them upon any building, sign or
premises within the city, the payment of all
fees connected therewith, and to hold the city
harmless on account of any damages arising
from faulty work or neglect of duty in the
protection of the public;
(2) Procure and maintain in full force and effect
for the duration of the license public liability
insurance, with limits of not less than the
maximum liability for claims which could be
asserted against the city, for any number of
claims arising out of a single occurrence or
accident under the Kansas Tort Claims Act,
as amended. Proof of coverage shall be on file
with the city at all times. Each insurance
policy shall contain a clause to the effect that
the policy shall not at any time during the
license period be canceled or reduced, restricted
or limited, unless the administrative author-
ity is given ten (10) days written notice. (Code
1966, ~ 9-69)
Sec. 8-385. Bond or insurance for persons
advertising their own businesses.
Any person desiring to erect or hang a sign to
advertise the business of such person in the city,
shall furnish to the city the same kind and char-
acter of a bond, or in lieu thereof, shall furnish
the same kind and character of written agree-
ment and evidence of public liability insurance as
required in section 8-384, which instrument or
instruments shall be subject to the approval of
the city attorney, and which bond or written agree-
ment and certificate of insurance shall be kept in
full force and effect for such time as such sign
remains in place. (Code 1966, S 9-70)
Sees. 8-386-8-400. Reserved.
ARTICLE XII. FENCES, WALLS
AND HEDGES
Sec. 8-401. Permit.
No person shall install any fence or wall with-
out first having procured a written permit there-
for from the building official. The city clerk shall
481
~ H-4o 1
SALINA CODE
charge a fee as prescribed In section 2-2. (Code
1966, ~ 9-346)
Sec. 8-402. Erecting, maintaining for spite
prohibited.
No person shall erect or maintain any fence,
wall or hedge for the definite purpose of annoying
any other person, or for the purpose of injuring
another by obstructing the view, shutting out the
sunshine, hindering ventilation or causing incon-
venience in any other manner. (Code 1966, ~ 9-347)
Sec. 8-403. Electrical fences prohibited.
N () electrically charged fence shall be erected
or maintained. (Code 1966, ~ 9-348)
Sec. 8-404. Erecting, maintaining on public
property.
No privately owned fence, wall or hedge shall
be erected or maintained on any public property.
(Code 1966, ~ 9-349)
Sec. 8-405. Hedges along streets, alleys.
It shall be unlawful for the owner or occupant
of any real estate in the city to permit or allow
any hedge standing or growing thereon as a fence
along any ofthe public streets or alleys of the city
to be or become more than three (3) feet in height
or to permit or allow the same to extend into the
streets 01' alleys more than one foot. (Code 1966, ~
9-350)
Sec. 8-406. Fences classified.
For the purposes of this article, fences are hereby
classified into the following types:
(1) Class 1. Masonry walls;
(2) Class 2. Ornamental iron;
(3) Class 3. Woven wire or chain link;
(4) Class 4. Wood picket (more than fifty (50)
percent open);
(5) Class 5. Solid fences (wood or metal less
than fifty (50) percent openl. (Code 1966, ~
9-351)
Sec. 8-407. Requirements for fences, hedges
enclosing dwelling plots.
In any location zoned residential. fences shall
conform to the following requirements:
(1) Fron t yard. Front yard fences and hedges
erected in front of the required front yard
building line (see zoning ordinance) shall be
of any class, and shall not exceed a height of
four (4) feet, excepting classes 1 and 5, which
shall not exceed a height of three (0) feet.
Fences and hedges on corner lots in which
the rear yard abuts the front yard of the ad-
joining lot shall conform to the requirements
for front yard fences and hedges for such part
of the fence or hedge as abuts the adjoining
front yard.
a. Fences on corner lots. Where a property
is located on a cornel' lot, thus requiring
compliance with two (2) or more front
yards, a solid fence may be erected, not
to exceed six (6) feet in height along one
front yard only extending to the property
line. Such fence shall not be erected in
violation of section 42-81 on obstructing
visibility at intersections. However, when
such fence would adjoin or would lie within
twenty-five (25) feet of an adjacent front
yard, a fence permit may be issued by
the building official only if a written pro-
test is not received within seven (7) days
from the adjacent affected property owner.
Such protest period shall commence from
the date of receipt of a certified notice of
intent from the building official.
b. Fences on double frontage lots. Where a
property consists of a lot, two (2) opposite
lot lines of which abut public streets which
are, more or less, parallel thus requiring
compliance with two (2) front yard set-
backs, a solid fence may be erected, not
to exceed six (6) feet in height along the
yard which has been designated as the
rear yard by the owner or developer. When
one of the streets abutting such a lot has
been officially designated by the city as
an arterial street, said fence shall not be
erected in violation of section 42-81 on
4R2
e
e
e
-
e
BUILDINGS. STRUCTURAL APPURTENANCES
~ ~q~;-)
obstructing visibility at intersections. How-
ever, when the fence would adjoin or would
lie within twenty-five (25) feet of an ad-
jacent unfenced front yard, a fence per-
mit may be issued by the building offi-
cial only if a written protest is not received
within seven (7) days from the adjacent
affected property owners. Such protest
period shall commence on the date of re-
ceipt of a certified notice of intent from
the building official.
(2) Side yard. Side yard fences erected back of
the required front yard building line and within
the required side yard of the lot (see zoning
ordinance) may be of any class not over six (6)
feet in height. The height restrictions herein
provided shall not be applicable to planting
of shrubs and/or trees used as a hedge.
(3) Rear yard. Rear yard fences and hedges
erected along the rear property line may be
of any class and height, except as provided by
subsection (1).
(4) Prohibited fences. No barbed wire or other
sharp pointed fence shall be erected or main-
tained unless specifically permitted by other
ordinances.
(5) Fences on retaining walls. In case of a fence
erected on top of a retaining wall, the height
shall be measured from the grade of the low
side; provided, that in any case, a fence of
class 2, 3, 4 or 5 may be erected on top of a
retaining wall to a height not to exceed six
(6) feet above the grade of the high side.
(6) Retaining walls. Retaining walls shall be ad-
equately designed and drained so as to resist
all lateral pressure to which they may be
subject. Retaining walls shall not be erected
in any front yard when, in the opinion of the
building official, such retaining wall would
be unsightly or detrimental to adjoining prop-
erty. Nor shall such walls be built higher
than the grade of the ground on the high side
of the wall when such would exceed the height
allowed for a class 1 fence, which height is
measured from the low side of the wall.
(7) Variations. When, in the judgment of the
board of appeals, the public health, safety
and welfare will be substantially served, the
neighborhood property will not be materially
damaged, and a certified copy of a written
agreement between neighboring property own-
ers has been filed with the board of appeals.
it may, at its discretion vary the requirements
herein; provided, that no violation of section
42-8 may be permitted. (Code 1966, ~ 9-352;
Ord. No. 81-8841, ~ 1, 3-23-81)
Sec. 8-408. Barbed wire.
Any person who shall make any enclosure with
or by means of barbed wire, except when the same
is installed at a height of six (6) feet three (3)
inches or more, shall be guilty of a misdemeanor.
(Code 1966, ~ 9-353)
Sec. 8-409. Requirements for commercial and
industrial fences.
Commercial or industrial fences may be of any
class and the height thereof shall not exceed ten
(10) feet; provided, that when such fences are built
in required building set back spaces (see zoning
ordinance), they shall be governed by the require-
ments as set forth in the section for fences enclos-
ing residential plots. Barbed wire or similar ma-
terials may be used at a height of not less than
seven (7) feet above grade, unless otherwise pro-
vided by other ordinances. (Code 1966, ~ 9-354)
Sec. 8-410. Maintenance of fences.
Fences shall be kept in repair and any dilapidat-
ed, dangerous or unsightly fence shall be removed
or repaired when so ordered by the building offi-
cial. (Code 1966, ~ 9-355)
Sec. 8-411. Violations declared nuisances;
removal.
Any fence, hedge or wall erected or maintained
in violation of the provisions of this article is
hereby declared to be a nuisance and shall be
removed by the owner thereof within five (5) days
after receipt of notice from the building official to
remove same. (Code 1966, ~ 9-356)
Cross reference-Nuisances, Ch. 24.
Sees. 8-412-8-425. Reserved.
483
~ 8-426
SALINA CODE
ARTICLE XIII. ELEVATORS AND
ELEVATOR INSTALLATION
DIVISION 1. GENERALLY
Sec. 8-426. Definitions.
The following words and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
(1) Administrative authority whenever used
herein shall mean the building official or any
employee thereof, who shall be legally charged
with the duty of administering this article,
granting permits and making electrical,
mechanical and structural inspection of all
elevators installed within the city.
(2) Elevator whenever used herein shall mean
any passenger elevator, freight elevator, dumb-
waiter, escalator or moving walk installed in
the city. (Code 1966, ~ 9-384)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 8-427. Enforcement.
It shall be the duty of the administrative au-
thority to enforce the provisions of this article or
any ordinance which may hereafter be adopted
concerning the installation of elevators. (Code 1966, ~
9-385)
Sec. 8-428. Division of electrical wiring re-
quirements.
On new installations and major repairs of ele-
vators, etc., elevator contractors, licensed by the
city shall install only electrical work on the ele-
vator side of the feed wire connection to the con-
troller, including the control board, elevator mo-
tors, signals and lights, and to do all other wiring
required for the control and operation of the ele-
vators. Electrical contractors, licensed by the city
shall bring the power feeders to the terminals of
the elevator, etc., control panels through discon-
nect switches or circuit breakers and will also
bring the lighting circuit to midpoint of the hatch.
Repair or maintenance of elevators may be per-
formed by electrical contractors, licensed by the
city. (Code 1966, ~ 9-390)
Sec. 8-429. Release of responsibility.
This article shall not be construed to relieve or
lessen the responsibility of any person installing,
operating or controlling any elevator for damages
to anyone injured thereby, nor shall the city be
held as assuming any responsibility by reason of
the inspection authorized herein or certified or
permitted pursuant to the provisions of this arti-
cle. (Code 1966, ~ 9-394)
Sees. 8-430-8-435. Reserved.
DIVISION 2. ELEVATOR CONTRACTORS
Sec. 8-436. License; insurance; bond.
It shall be unlawful for any person to engage in
the installation of elevators within the city with-
out having first procured from the city clerk an
elevator contractors license, which license when
obtained and so long as in force shall entitle the
holder to engage in the business of installing ele-
vators. The annual fee shall be as prescribed in
section 2-2. It shall also be required of an appli-
cant for an elevator contractors license, as the
conditions to the issuance thereof, that it shall:
(1) Pass such examination as to his qualifica-
tions as the administrative authority shall
direct;
(2) Procure and maintain in full force for the
duration of the license, public liability insur-
ance, with limits of not less than the maxi-
mum liability for claims which could be as-
serted against the city, for any number of
claims arising out of a single occurrence or
accident under the Kansas Tort Claims Act,
as amended.
(3) Execute a good and sufficient surety bond in
the sum of five thousand dollars ($5,000.00)
the same to be approved by the board of com-
missioners and conditioned upon the good and
faithful performance of the work done by him
upon any building within the city and to hold
the city harmless on account of any damage
arising from his faulty work or neglect of
duty in the protection of the public. (Code
1966, ~ 9-387)
Cross reference-Licenses generally, Ch. 20.
484
e
e
e
-
e
BUILDINGS, STRUCTURAL APPURTENANCES
Sec. 8-437. Licenses issued by other cities of
equal population.
An elevator contractor's license issued by an-
other city of a population of thirty thousand (30,000)
or more may, if currently effective in that city, be
honored by this city for the purpose of waiving an
examination, but does not and will not change
any other provisions for obtaining a license, in-
cluding the fee. (Code 1966, ~ 9-392)
Sec. 8-438. Revocation of license.
Any elevator contractor's license may be sus-
pended for a definite length of time or revoked
outright by the administrative authority for good
and sufficient cause. This action is subject to writ-
ten appeal which shall be registered with the
board of commissioners within fifteen (15) days.
Such appeal shall receive a ruling within fifteen
(15) days after submission. (Code 1966, ~ 9-393)
Sees. 8-439-8-445. Reserved.
DIVISION 3. PERMITS AND INSPECTIONS
Sec. 8-446. Permits.
(a) No person shall install an elevator or re-
place a major portion of any existing elevator
without first obtaining an elevator installation
permit from the administrative authority. The
contractor of the apparatus shall submit an ap-
plication for such permit accompanied by plans
and specifications in such form as the adminis-
trative authority shall prescribe. When such plans
and specifications indicate conformity with this
article, the administrative authority shall issue
an elevator installation permit.
(b) The fee for such permit shall be as prescribed
in section 2-2 and shall include inspection fees.
(c) No permit shall be required for repairs and
replacements normally necessary for maintenance.
(Code 1966, ~ 9-388)
Sec. 8-447. Inspection.
The administrative authority or any person des-
ignated by him shall make, or cause to have made,
an inspection of the installation, construction, re-
~ 8-477
pair, alteration of or addition to any elevator or
equipment or both, including the weights, guides,
supports, safety devices and machinery connected
therewith for which a permit has been issued.
Such inspection shall be made for compliance with
the provisions of this section and no such elevator
shall be used until inspected and approved and
until a certificate shall have been issued for the
same by the administrative authority. (Code 1966,
~ 9-391)
Sees. 8-448-8-460. Reserved.
ARTICLE XIV. PRIVATE
SWIMMING POOLS
(RESERVED)
Sees. 8-461-8-475. Reserved.
ARTICLE XV. SANDBLASTING
DIVISION 1. GENERALLY
Sec. 8-476. Definitions.
The following words and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
(1) Dry sandblasting shall mean the propulsion
of dry sand by air pressure.
(2) Permit shall mean a permit to sandblast the
outside of a building.
(3) Sandblasting shall mean the use of air,
steam or water containing sand to clean, grind
or cut hard surfaces.
(4) Wet sandblasting shall mean the propulsion
of wet sand by air pressure precluding the
creation of dust and dry debris. (Code 1966, ~
9-367)
Cross reference-Definitions and rules of construction gen-
erally, * 1-2.
Sec. 8-477. Precautions required.
(a) Wet sandblasting. If wet sandblasting is re-
quired by the permit, the permittee shall use a
canvas or other shield to keep the sand from splat-
485
~ 8-477
SALINA CODE
tering upon or against the property of others ex-
cept by their consent.
(b) Dry sandblasting. If dry sandblasting is per-
mitted, a canvas or other sufficient guard shall be
used to prevent sand, dust and other particles
from being detrimental to or injuring adjacent
property, pedestrians, sidewalks, vehicles using
the streets in the vicinity of the operation, and
vehicles, implements or other things kept or stored
on adjacent property.
(c) Waiver. If the building official believes that
the side of the building is where the operation
will not be detrimental or injurious to the prop-
erty of others, he may permit the operation with-
out the precautions herein specified. (Code 1966,
~ 9-372)
Sec. 8-478. Authority to stop work.
If after sandblasting is begun, the building offi-
cial finds that the precaution being taken is not
sufficient, he shall have power to order the stop-
page of work until sufficient precaution is pro-
vided and used. (Code 1966, ~ 9-373)
Sees. 8-479-8-485. Reserved.
DIVISION 2. PERMIT
Sec. 8-486. Required.
No person shall do any sandblasting on the
outside of any building without first obtaining a
permit so to do from the building official. A per-
mit shall be obtained for each building sandblast-
ed. (Code 1966, ~ 9-370)
Sec. 8-487. Application.
Each application for a permit shall state the
location of the job, the portion of the building to
be sandblasted and the length of time it is esti-
mated to complete the work. (Code 1966, ~ 9-370)
Sec. 8-488. Fee.
The fee for any sandblasting permit shall be as
prescribed in section 2-2. (Code 1966, ~ 9-368)
Sec. 8-489. Issuance.
The building official shall determine whether
the side of the building, adjacent buildings or
other structures, vehicles, implements or other
things kept or stored upon adjacent or nearby
areas or vehicles parked in a street render it ad-
visable to use wet sandblasting or whether dry
sandblasting may be used and whether the pre-
cautions hereafter prescribed should be taken and
issue a permit in accordance therewith. (Code 1966,
~ 9-371)
[The next page is 537]
486
-
e
-
e
e
e
CEMETERIES.
Chapter 9
Sec. 9-1. Maoagement.
The city manager is hereby directed to super-
vise, manage and operate The Gypsum Hill Cem-
etery, being a municipal cemetery of the city,
under such rules, bylaws and regulations as may
be adopted by the board of commissioners. (Code
1966, ~ 10-1)
Sec. 9-2. Employees.
The city manager is hereby authorized to em-
ploy such persons as may be necessary to operate
and maintain the municipal cemetery under the
rules, bylaws and regulations of the board of com-
missioners. (Code 1966, ~ 10-2)
.Case law annotation-Construction and operation of mortuary on real estate dedicated for purposes of sepulture, or any other
commercial use of any portion of that area not directed to selling of cemetery lots with proper access thereto or for maintenance
and beautification of area, constitutes use in a manner not contemplated by original dedication, not fairly within terms of that
dedication, and not within scope of statutes regulating cemetery corporations. Connolly v. Frobenius, 2KA2d 30, 574 p. 2d 971
(1978).
Cross reference-Streets, sidewalks and other public places, Ch. 35.
State law reference-Municipal cemeteries, K.S.A. 17-1301 et seq.
[The next page is 587]
537
-
e
e
e
-
e
Chapter 10
CIVIL EMERGENCIES AND DISASTERS*
Art.
Art.
Art.
I. In General, n 10-1-10-15
II. City-County Emergency Preparedness Board, n 10-16-10-38
III. Emergency Proclamation, ~~ 10-39-10-42
ARTICLE I. IN GENERAL
Sees. 10-1-10-15. Reserved.
ARTICLE II. CITY-COUNTY
EMERGENCY PREPAREDNESS
BOARD*
Sec. 10-16. Purposes.
The declared purposes of this article are to pro-
vide for the preparation and carrying out of plans
for the protection of persons and property within
Salina and Saline County in the event of a disas-
ter. (Res. No. 3245, ~ 1, 9-8-75)
Sec. 10-17. Definitions.
The following words and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
Disaster shall mean the occurrence or imminent
threat of widespread or severe damage, injury or
loss of life or property resulting from any natural
or man-made cause, including, but not limited to,
fire, flood, earthquake, wind, storm, epidemics,
air contamination, blight, drought, infestation,
explosion, riot or hostile military or paramilitary
action.
Emergency preparedness means the preparation
for and the carrying out of all emergency func-
tions, other than functions for which military forces
or other federal agencies are primarily responsi-
ble, to prevent, minimize, and repair injury and
damage resulting from disasters. (Res. No. 3245,
~ 2,9-8-75)
Cross reference-Definitions and rules of construction gen-
erally, * 1-2.
Sec. 10-18. Organization of board.
(a) There is hereby created a Salina-Saline County
Emergency Preparedness Board, hereinafter re-
ferred to as the "board", which shall consist of
five (5) members to be selected as follows:
(1) The board of commissioners of the city shall
appoint two (2) members, at least one of which
shall be a city commissioner. The city com-
mission member shall be appointed annually
and the other member for a term of three (3)
years.
(2) The board of commISSIOners of the
county shall appoint two (2) members, at least
one of which shall be a county commissioner.
The county commissioner shall be appointed
annually and the other member for a term of
three (3) years.
(3) The four (4) members appointed above pro-
vided shall appoint a fifth member who shall
serve for a term of two (2) years. If the four (4)
members are unable to agree upon a fifth
member, then the probate judge of the county
shall appoint the fifth member by January
twentieth.
(b) The board shall organize annually on or
before January thirtieth of each year. In the event
of resignation or death of any member of the board,
*Cross references-Administration, Ch. 2; boards and com-
missions generally, * 2-136 et seq. his position shall be filled by the original appoint-
State law reference-Disaster agencies, K.S.A. 48-929. ing body.
*State law references-Militia, defense and public safety, K.S.A. Ch. 48; emergency preparedness for disasters, K.S.A. 48-904
et seq.
587
~ 10-18
SALINA CODE
(c) The members of the board shall serve with-
out compensation, but shall be reimbursed for
actual and necessary expenses incurred in con-
nection with their duties.
(d) The board shall be provided with appropri-
ate office space, supplies and equipment in the
emergency operations center, but it shall incur no
expense until the same has been authorized by
the governing bodies of the city and county, and
the funds from which such expenses shall be pay-
able have been designated; provided, nothing herein
shall be construed as requiring such authoriza-
tionor designation where work is done by a regu-
lar officer, office, department, board or other agency
of the city or county for the benefit of the board.
(Res. of 3245, .~ :3, '9-8-75)
Sec. 10-19. Power and duties of the board.
The Salina-Saline County Emergency Prepared-
ness Board shall have the following powers and
duties:
(1) To employ an overall coordinator to super-
vise and coordinate the activities of all emer-
gency preparedness in the city and county.
Such coordinator shall have authority to
make additional appointments, however, they
shall be confirmed by the board before be-
coming effective;
(2) To adopt, amend and repeal rules, regula-
tions and bylaws governing its procedure
and activities;
(3) To supervise Salina-Saline County Emer-
gency Preparedness Department and to co-
operate with any federal and state agen-
cies created and existing from time to time
for the purpose of effectuating emergency
preparedness;
(4) To act jointly and cooperate with other emer-
gency preparedness organizations;
(5) To assist the division of emergency prepared-
ness of the state and perform such services
as required;
(6) To create boards and/or committees, either
within or without its membership, to aid in
the discharge of its power and duties;
(7) To supervise and direct investigations and
report to the governing bodies of the city
and county and to the governor and adju-
tant general of the state with recommen-
dations for legislation, regulations or other
appropriate action as it may deem neces-
sary with respect to the type of activity or
matters of public concern or welfare inso-
far as the same shall or may be related to
defense and relief from the effects of man-
made or natural disasters;
(8) To request the cooperation and assistance
of the agencies and officials of the city and
county in the state;
(9) To confirm emergency plans and the ex-
penditure of funds;
(10) To exercise the legislative function. (Res.
No. 3245, ~ 4, 9-8-75)
Sec. 10-20. Authority and duties of the co-
ordinator of Salina-Saline County
Emergency Preparedness De-
partment.
(a) There is hereby created the position of co-
ordinator of Salina-Saline County Emergency Pre-
paredness Department. Such coordinator shall be
employed by the board.
(b) The coordinator is hereby empowered:
(1) To request the boards of city and county
commissioners to proclaim the existence or
the threatened existence of a disaster or an
emergency and the termination thereof; if the
boards of the city and county commissioners
are in session, or, to issue such proclamation
if the boards of city and county commission-
ers are not in session, subject to confirmation
by the board of city and county commission-
ers at the earliest practicable time;
(2) Through the city and city commissioners, to
proclaim a state of disaster or a state of ex-
treme emergency when in the opinion of the
coordinator, local resources are inadequate
to cope with the disaster;
(3) To control and direct the effort of emergency
preparedness in this city and county for the
accomplishment of the purpose of this article;
588
e
e
e
e
e
CIVIL EMERGENCIES AND DISASTERS
(4) To coordinate the cooperation between divi-
sions, services, and staff of the emergency
preparedness effort of this city and county,
and to resolve questions of authority that may
arise between them;
(5) To administer emergency preparedness pur-
suant to programs and methods approved by
the board;
(6) To supervise the administrative functions of
the Salina-Saline County Emergency Prepared-
ness Department;
(7) To represent the Salina-Saline County
Emergency Preparedness Department in all
dealings with the public, private business and
industry, and government agencies pertain-
ing to emergency preparedness functions. (Res.
No. 3245, ~ 5, 9-8-75)
Sec. 10-21. Succession.
In the event of the death, nonavailability or
failure of the coordinator to act, the assistant
coordinator shall thereupon become the acting
coordinator and shall be vested with all the pow-
ers of the coordinator, until such time as the co-
ordinator reverts to his position or a new coordi-
nator is employed by the board. In the event the
assistant coordinator is unable to assume the du-
ties of the coordinator, the chairman of the board,
the vice-chairman of the board, or a member of
the board, in that order, will assume the duties of
the coordinator. (Res. No. 3245, ~ 6, 9-8-75)
Sec. 10-22. Organization of emergency pre-
paredness.
All officials and employees of the city and coun-
ty, together with those volunteer forces enrolled
to aid them during a disaster, and all groups,
organizations and persons who may by agreement
or operation of law be charged in the city and
county during such disaster, shall constitute the
emergency preparedness organization of the city
and county. (Res. No. 3245, ~ 7,9-8-75)
Sec. 10-23. Budget and expenditures.
The emergency preparedness board shall pre-
pare a proposed budget estimating the amount of
funds necessary to carryon the program of emer-
~ 10-39
gency preparedness, which budget shall be sub-
mitted to the governing bodies of the city and
county as is herein provided. The funds necessary
to meet the expenditures shall be provided equally
by the city and county. Payment of all bills shall
be made as provided by law, provided current
monthly operating expenses shall be certified to
the board. (Res. No. 3245, ~ 8, 9-8-75)
Sec. 10-24. Termination of board.
The Salina-Saline County Emergency Prepared-
ness Board shall terminate or cease activities when-
ever the board is dissolved or suspended by action
of the boards of city and county commissioners, or
as by law provided. (Res. No. 3245, ~ 9, 9-8-75)
Sec. 10-25. Necessity declared.
This article is hereby declared necessary for
the preservation of the public peace, health and
safety. (Res. No. 3245, ~ 10, 9-8-75)
Sees. 10-26-10-38. Reserved.
ARTICLE III. EMERGENCY
PROCLAMATION
Sec. 10-39. Authority of mayor.
Whenever, in the judgment of the mayor or in
the event of his inability to act, the acting mayor
determines that an emergency exists as a result
of mob action or other civil disobedience causing
danger of injury to or damages to persons or prop-
erty, he shall have power to impose by proclama-
tion any or all of the following regulations neces-
sary to preserve the peace and order of the city:
(1) To impose a curfew upon all or any portion of
the city thereby requiring all persons in such
designated curfew areas to forthwith remove
themselves from the public streets, alleys,
parks or other public places; provided, how-
ever, that physicians, nurses and ambulance
operators performing medical services, util-
ity personnel maintaining essential public ser-
vices, firemen and city authorized or requested
law enforcement officers and personnel may
be exempted from such curfew;
589
~ 10-39
SALINA CODE
(2) To order the closing of any business estab-
lishments anywhere within the city for the
period of the emergency, such businesses to
include, but not be limited to, those selling
intoxicating liquors, cereal malt beverages,
gasoline or firearms;
(3) To designate any public street, thoroughfare
or vehicle parking areas closed to motor ve-
hicles and pedestrian traffic;
(4) To call upon regular and auxiliary law en-
forcement agencies and organizations within
or without the city to assist in preserving
and keeping the peace within the city. (Code
1966, ~ 101/2-1)
Sec. 10-40. Effective time.
The proclamation of emergency provided in this
article shall become effective upon its issuance
and dissemination to the public by appropriate
news media. (Code 1966, ~ 10%-2)
Sec. 10-41. Termination.
Any emergency proclaimed in accordance with
the provisions of this article shall terminate after
forty-eight (48) hours from the issuance thereof,
or upon the issuance of a proclamation determin-
ing an emergency no longer exists, whichever oc-
curs first; provided, however, that such emergency
may be extended for such additional periods of
time as determined necessary by resolution of the
board of commissioners. (Code 1966, ~ 101/2-3)
Sec. 10-42. Failure to comply.
Any person who shall willfully fail or refuse to
comply with the orders of duly authorized law
enforcement officers or personnel charged with
the responsibility of enforcing the proclamation
of emergency authorized in this article shall be
deemed guilty of a misdemeanor. (Code 1966, ~
101/2-4)
[The next page is 641]
590
e
e
e
-
e
Chapter 11
ECONOMIC DEVELOPMENT*
(RESERVED)
.Cross references-Planning Ch. 29; urban renewal, App. A, Charter ord. no. 2.
State law references-Economic development, K.S.A. 12-1740 et seq.; urban renewal law, K.S.A. 17-4742 et seq.
[The next page is 741]
641
e
e
e
-
e
.
ELECTIONS.
Chapter 12
Sec. 12-1. City to consist of one ward.
The city shall consist of one ward to be known
as the first ward. (Code 1966, * 11-1)
Sec. 12-2. City divided into precincts.
The first ward shall be divided into thirty-three
(33) voting precincts which shall be numbered
one (1) through thirty-three (33), inclusive. The
boundaries of each voting precinct shall be as
indicated on the map on file in the clerk's office,
which is made a part hereof by reference. (Code
1966, * 11-2)
Sec. 12-3. Precincts and voting in territory
outside city but in city school
districts.
All territory outside the corporate limits of the
city which has been attached to the city for school
purposes and which is a part of the city school
.Cross reference-Administration. Ch. 2.
State law reference-Elections. K.S.A. Ch. 25.
district shall be and the same is hereby attached
to the several voting precincts of the city contigu-
ous thereto and all persons residing in any such
attached territory and possessing the qualifica-
tions of an elector under the laws of the state
shall be qualified to vote at an election in the city
for school purposes only in any voting precinct of
such city which lies contiguous to the attached
territory where such person resides, and the bound-
aries of which voting precinct, if extended, would
include the residence of such school district voter,
and the ballots furnished to any such person for
the purpose of voting at any such election shall be
so prepared as to permit such person to vote for
school purposes only and the judges and clerks of
election in any voting precinct at which any such
votes are cast shall prepare and keep a separate
record of the persons casting such ballots received
by them at any such election. (Code 1966, * 11-3)
[The next page is 791]
741
e
e
e
--
e
Chapter 13
EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION*
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
Art. VI.
In General, U 13-1-13-15
Human Relations Commission, U 13-16-13-25
Unlawful Practices, U 13-26-13-40
Public Contracts, U 13-41-13-55
Procedures For Filing and Processing Complaints, U 13-56-
13-70
The Organizational Structure and Responsibilities For
Carrying Out the City's Commitment to the Principle of
Nondiscrimination in City Employment, U 13-71-13-78
ARTICLE I. IN GENERAL
Sec. 13-1. Declaration of policy.
(a) The practice or policy of discrimination against
individuals by reason of race, sex, religion, age,
color, national origin, ancestry, physical handi-
cap, or marital status is a matter of concern to the
city since such discrimination threatens not only
the rights and privileges of the inhabitants of the
city but menaces the institutions and foundations
of a free democratic state. It is hereby declared to
be the policy of the city to eliminate and prevent
discrimination in all employment relations, to elimi-
nate and prevent discrimination, segregation or
separation in all areas of public accommodations,
and eliminate and prevent discrimination, segre-
gation or separation in housing as provided in
this chapter.
(b) It is also declared to be the policy of this
city to assure equal opportunities and encourage-
ment to every citizen regardless of race, sex, reli-
gion, age, color, national origin, ancestry, physi-
cal handicap, or marital status, in securing and
holding, without discrimination, employment in
any field of work or labor for which he is properly
qualified or qualifiable, to assure equal opportu-
nities to all persons within this city to full and
equal public accommodations, and to assure equal
opportunities in housing without distinction on
account of race, sex, religion, age, color, national
origin, ancestry, physical handicap, or marital
status. It is further declared that the opportunity
to secure and to hold employment, the opportu-
nity for full and equal public accommodations as
conveyed by this chapter and the opportunity for
full and equal housing are civil rights of every
citizen. To protect these rights, it is hereby de-
clared to be the purpose of this act to establish
and to provide a city human relations commission
and a human relations department. (Code 1966, ~
llA-l)
Sec. 13-2. Definitions.
(a) This chapter prohibits discrimination based
upon sex, and accordingly, the personal pronouns
and gender of nouns used in this chapter shall not
be construed as limiting the provisions of this
chapter to one or to the other sex.
(b) When used in this chapter, the following
words shall mean:
(1) Chairman shall mean the chairman of the
human relations commission.
(2) Commission shall mean the human rela-
tions commission as created by this chapter.
(3) Complainant shall mean any person claim-
ing to be aggrieved by any unlawful discrim-
inatory practice or violation of this chapter.
(4) Contract shall mean any contract entered
into by the city or any of its agencies.
(5) Contractor shall mean any individual, part-
nership, corporation, association or other
entities entering into a contract with the
city and who is an employer as herein defined.
.Cross reference-Administration, Ch. 2.
State law reference-Kansas acts against discrimination, K.S.A. 44-1001 et seq.
791
~ 13-2
SALINA CODE
(6) Director shall mean the director ofthe human
relations department.
(7) Employee shall mean any person employed
by an employer but does not include any
individual employed by his parents, spouse
or child.
(8) Employer includes any person in this city
employing four (4) or more persons and any
person acting directly or indirectly for an
employer as herein defined and, labor or-
ganizations, nonsectarian corporations, and
organizations engaged in social service work,
and the city and all political and municipal
subdivisions thereof but shall not include a
nonprofit fraternal or social association or
corporation.
(9) Employment agency includes any person or
governmental agency undertaking with or
without compensation to procure opportu-
nities to work, or to procure, recruit, refer
or place employees.
(10) Family includes a single individual.
(11) Financial institution shall mean any per-
soo regularly engaged in the business of
lending money or guaranteeing loans on
housing accommodations or real property.
(12) Hotel, motel, and restaurant shall have the
meanings ascribed to them respectively by
K.S.A. 36-501.
(13) Housing accommodations shall mean:
a. Any building or portion thereof, whether
such building or portion is constructed
or is to be constructed, which is used
or intended for use as the residence or
sleeping place of one or more persons.
b. The term "housing accommodations"
shall not mean or include:
1. The rental of a dwelling, or a por-
tion thereof, containing accommoda-
tions for no more than two (2) fam-
ilies, one of which is occupied by
the owner or his family at the time
of rental;
2. The rental of less than four (4) rooms
in a one-family dwelling to another
person or persons by the owner or
occupant of such accommodations
in which he or members of his fam-
ily reside.
(14) Labor organization includes any organiza-
tion which exists for the purpose, in whole
or in part, of collective bargaining or of
dealing with employers concerning griev-
ances, terms or conditions of employment,
or of other mutual aid or protection in rela-
tion to employment.
(15) Occupational qualifications as used herein,
are those qualifications which can be shown
to be demonstrably valid to the normal op-
eration or performance of a particular job,
business or enterprise.
(16) Owner shall mean and include the owner,
lessee, sublessee, assignee, manager, agent,
or other person, firm or corporation, hav-
ing the right to sell, rent or lease any hous-
ing accommodation or real property within
the corporate limits of the city.
(17) Person includes one or more individuals,
partnerships, associations, organizations, cor-
porations, municipal corporations, quasi-
municipal corporations, governmental agen-
cies, public bodies, legal representatives,
trustees, trustees in bankruptcy, receivers,
fiduciaries, mutual companies or unincor-
porated organizations.
(18) Person aggrieved means any person claim-
ing to have been injured by an unlawful
act, or who believes he will be injured by
any such unlawful act or practice that is
about to occur.
(19) Probable cause means the presence of a rea-
sonable ground for belief in the existence
of the alleged fact of a violation of any
statute, ordinance, or other authority, or-
ders, rules or regulations.
(20) Public accommodations shall include any
person herein who caters or offers his goods,
services, facilities and accommodations to
the public, including all city agencies which
serve the public, but shall not include a
nonprofit fraternal or social organization
or corporation.
792
e
e
e
e
.
EQUAL OPPORTUNITY, AFFIRMATIVE ACTION
(21) Real estate broker shall mean any person
who, for a fee or other valuable consider-
ation, sells, purchases, exchanges, rents,
negotiates, offers or attempts to negotiate
the sale, purchase, exchange or rental of
housing accommodations or real property
of another person.
(22) Real estate salesman or agent shall mean
any person employed by a real estate bro-
ker to perform, or to assist in the perform-
ance of, any or all of the functions of a real
estate broker.
(23) Real property means and includes:
a. All vacant or unimproved land; and
b. Any facility or structure which is oc-
cupied or designed or intended for oc-
cupancy, or any building or structure
having a portion thereof which is oc-
cupied or designed or intended for
occupancy.
(24) Respondent shall mean any person alleged
to have committed any unlawful act or vio-
lation of this chapter.
(25) Subcontractor shall mean any individual,
partnership, corporation, association, or other
entity, or any combination of the foregoing
which shall undertake, by virtue of a sepa-
rate contract with a contractor as defined
herein to fulfill all or any part of any con-
tractor's obligation under a contract with
the city, or who shall exercise any right
granted to a franchise holder, and who is
an employer as herein defined.
(26) To rent means to lease, sublease, to let or
otherwise to grant, for a consideration, the
right to occupy premises not owned by the
occupant.
(27) Unlawful employment practices includes those
unlawful practices and acts specified in K.S.A.
44-1009.
(28) Unlawful housing practice means any dis-
crimination or segregation or separation
against any person or group of persons be-
cause of race, sex, religion, age, color, na-
tional origin, ancestry, physical handicap
or marital status, and shall include only
~ 13-15
those unlawful practices and acts as set
forth in this chapter.
(29) Unlawful public accommodation practice
means any discrimination against persons
in a hotel, motel, cabin, camp, restaurant,
or trailer court; and the segregation against
persons in an area of public accommoda-
tions covered by this chapter by reason of
their race, sex, religion, age, color, national
origin, ancestry, physical handicap, or mari-
tal status. The term "unlawful public ac-
commodation practice" also means any dis-
crimination against persons in a bar, tav-
ern, barbershop, beauty shop, amusement
park, recreation area, bowling alley, billiard
parlor, theatre, skating rink, swimming pool,
lake, gymnasium, mortuary, cemetery, or
educational institution which is open to the
public, or any public transportation facili-
ty. The term "unlawful public accommoda-
tion practice" also means any discrimina-
tion against persons in the full and equal
use and enjoyment of the services, facili-
ties, privileges and advantages of any in-
stitution, department or agency of govern-
ment within the legal boundaries of the
city. (Code 1966, ~ llA-2)
Cross reference-Definitions and rules of construction gen-
erally, !\ 1-2.
Sec. 13-3. Construction.
The provisions of this chapter shall be construed
liberally for the accomplishment of the purposes
thereof. Nothing contained in this chapter shall
be deemed to repeal any of the provisions of any
other law of this city relating to discrimination
because of race, sex, religion, age, color, national
origin, ancestry, physical handicap or marital sta-
tus unless the same is specifically repealed by
this chapter. Nothing in this chapter shall be
construed to mean that an employer shall be forced
to hire unqualified or incompetent personnel or
discharge qualified or competent personnel. Noth-
ing contained in this chapter shall require any
person to commit any act, or be a party thereto,
which would constitute a violation of any existing
law or ordinance. (Code 1966, ~ llA-80)
Sees. 13-4-13-15. Reserved.
793
~ 13-16
SALINA CODE
ARTICLE II. HUMAN RELATIONS
COMMISSION*
Sec. 13-16. Created.
There is hereby created the human relations
commission. (Code 1966, ~ llA-10)
Sec. 13-17. Composition, appointment.
The human relations commission shall consist
'of nine (9) members, at least three (3) of whom
shall be members of significant ethnic or minor-
ity groups within the community, who shall be
appointed by the mayor, with the consent of the
board of commissioners. (Code 1966, ~ llA-10)
Sec. 13-18. Terms.
Initial appointments to the human relations
commission shall be for one (1), two (2), and three
(3) year terms and thereafter all appointments
shall be for a term of three (3) years and until his
successor is qualified, provided no person shall
serve for more than eight (8) consecutive years.
The term of office of each chairman and vice-
chairman shall be for one (1) year, and no person
shall serve for more than two (2) consecutive terms
in the same office, unless such election to the
immediately subsequent term be made by the mem-
bers of the commission by unanimous vote. (Code
1966, ~ llA-10)
Sec. 13-19. Compensation.
The members of the human relations commis-
sion shall serve without compensation. (Code 1966,
~ llA-10)
Sec. 13-20. Officers.
The human relations commISSIOn shall elect,
by secret ballot, one of its members as chairman,
who shall preside at all meetings of the commis-
sion and perform all the duties and functions of
the chairman thereof. The mayor shall convene
the first meeting of the commission and conduct
the election of the chairman. The commission shall
*Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
State law reference-State commission on civil rights, K.S.A.
44-1003 et seq.
elect, in the same manner, one of its members as
vice-chairman who shall act as chairman during
the absence or incapacity of the chairman and,
when so acting, the member so designated shall
have and perform all the duties and functions of
the chairman of the commission. The chairman or
vice-chairman may resign from his office at any
time during his ,term and may do so without re-
signing from the commission. In such event, the
commission shall elect another member to replace
him, and such person shall serve the unexpired
term of the person he replaces. (Code 1966, ~
llA-IO)
Sec. 13-21. Quorum.
A majority of the presently serving members of
the human relations commission shall constitute
a quorum for the purpose of conducting the busi-
ness thereof. (Code 1966, ~ llA-10)
Sec. 13-22. Powers and duties.
The human relations commission shall have
the following functions, powers, duties and re-
sponsibilities:
(1) To hear appeals from a decision made by
the investigating commissioners that no
probable cause exists for a complaint as
provided in section 13-56. In the event of
an appeal, the commission shall make an
independent investigation of the complaint
and if probable cause is found to exist for
such complaint, shall refer the complaint
back to the director with instructions for
further proceedings.
(2) Hold public hearings, administer oaths, take
the testimony of any person under oath,
receive evidence relating to any matter under
investigation or any question before the
commission, make findings of fact, issue
orders and publish such findings of fact
and orders and do all other things neces-
sary and proper for the enforcement of this
chapter. The commission may, at the re-
quest of the complainant, the respondent,
or upon its own motion, issue process to
compel the attendance and testimony of any
person, and require the production of books,
794
e
EQUAL OPPORTUNITY, AFFIRMATIVE ACTION
~ 13-25
papers or any other evidence relating to
any matter under investigation. The com-
e mission may direct the human relations
director to serve such process. In the event
such an order is not complied with, the
commission may request the city attorney
to file the appropriate action in the county
district court in order to obtain compliance.
(3) In conducting a hearing, the commission
shall have access at all reasonable time to
premises, records, documents and other ev-
idence or possible sources of evidence, and
may examine, record, and copy such materi-
als and take and record the testimony or
statements of such persons as are reason-
ably necessary for the furtherance of the
investigation. In the case of the refusal of
any person to testify or provide access to
information as set forth immediately above,
the commission, through the city attorney,
may request the county district court to
order such person to comply with such re-
e quest. The commission may take testimony
under oath or affirmation.
(4) To endeavor to eliminate prejudice among
the various groups in this city and to cre-
ate harmonious relationships among the
various persons and agencies within this
city.
(5) To establish or create an advisory and/or
conciliatory agency to study the problems
of youth, aged, physically handicapped, and
disadvantaged, and who may recommend
to the board of commissioners human rela-
tions policies, procedures and programs. Such
advisory and/or conciliatory agency shall
be composed of representative citizens serv-
ing without pay. The commission may it-
self make the studies and perform the acts
authorized by this article. It shall, by vol-
untary conference with parties in interest,
endeavor by conciliation and persuasion to
eliminate discrimination.
- (6) To accept contributions from any person or
governmental unit to assist in the effectu-
ation of this article; and to seek and enlist
e
795
the cooperation, including financial assis-
tance, of private, charitable, religious, labor,
civic, or benevolent organizations for the
purpose of this article.
(7) To actively promote the purpose of, and
information about, this chapter through pub-
lic appearances, speaking engagements, news
media, publications, etc., and to issue such
publications and such results of investiga-
tion and research as in its judgment, will
tend to promote good will and minimize or
eliminate discrimination because of race,
sex, religion, age, color, national origin, an-
cestry, physical handicap, or marital status.
(8) To render each year to the board of com-
missioners a full written report of all of its
activities and of its recommendations.
(9) To receive and accept, through the govern-
ing body, city, county, state, and federal
funds to effectuate the purposes of this chap-
ter; and to act as the contracting agency in
agreements with any governmental agen-
cy, for such purposes, as may be designated
and approved by the board of commissioners.
(10) To cooperate with the state commission on
civil rights and with other organizations or
agencies, both public and private, whose
purposes are not inconsistent with those of
this chapter.
(11) To meet regularly once each month at a
place and time decided by the commission
and to adopt rules and regulations to con-
duct necessary business. Special meetings
may be called by the chairman or by a
majority of the members of the commission
then presently serving.
(12) To regularly advise the members of the
governing body, through distribution of its
agenda, minutes, memoranda, reports, and
other pertinent documents, the items of busi-
ness before the commission, the ongoing
status of such items, and the disposition of
such items. (Code 1966, S 11A-ll)
Sees. 13-23-13-25. Reserved.
~ 13-~6
SALINA CODE
ARTICLE III. UNLAWFUL
PRACTICES
Sec. 13-26. Unlawful employment practices.
(a) It shall be an unlawful employment practice:
(1) For an employer, because of race, sex, reli-
gion, age, color, national origin, ancestry, physi-
cal handicap or marital status of any indi-
vidual to refuse to hire or employ, or to bar or
discharge from employment such individual;
or to otherwise discriminate against such indi-
vidual in compensation, or in terms, condi-
tions or privileges of employment; or to limit,
segregate, separate, classify or make any dis-
tinction in regard to employees; or to follow
any employment procedure or practice which,
in fact, results in discrimination, segregation,
or separation without a valid business motive;
(2) For a labor organization, because of race, sex,
religion, age, color, national origin, ancestry,
physical handicap or marital status of any
individual, to exclude or to expel from its
membership such individual; or to discrimi-
nate in any way against any of its members,
or against any employer, or against any in-
dividual employed by the employer;
(3) For any employer, employment agency, or
labor organization to print or circulate or cause
to be printed or circulated, any statement,
advertisement, or publication, or to use or
make any inquiry in connection with prospec-
tive employment or membership, which ex-
presses, directly or indirectly, any limitation,
specification, or discrimination as to race, sex,
religion, age, color, national origin, ancestry,
physical handicap or marital status, or any
intent to make any such limitation, specifi-
cation, or discrimination, unless based on a
bona fide occupational qualification;
(4) For any employer, employment agency, or
labor organization to discharge, expel, or oth-
erwise discriminate against any person be-
cause he has opposed any practices or acts
forbidden under this chapter or because he
has filed a complaint, testified or assisted in
any proceeding under this chapter;
(5) For an employment agency to refuse to list
and properly classify for employment, or re-
fuse to refer an individual for employment,
or otherwise discriminate against any individ-
ual because of his race, sex, religion, age,
color, national origin, ancestry, physical hand-
icap or marital status; or to comply with a
request from an employer for a referral of
applicants for employment if the request ex-
presses, either directly or indirectly, any lim-
itations, specifications, or discrimination as
to race, sex, religion, age, color, national ori-
gin, ancestry, physical handicap or marital
status unless such request "is accompanied by
a demonstrably valid occupational qualification;
(6) For an employer, labor organization, employ-
ment agency or school which provides, coor-
dinates, or controls apprenticeship, on the job
training, or other training or retraining pro-
gram, to maintain a practice of discrimina-
tion, segregation, or separation because of
race, sex, religion, age, color, national origin,
ancestry, physical handicap or marital sta-
tus, in admission, hiring, assignment, upgrad-
ing, transfers, promotion, layoff, dismissal,
apprenticeship, or other training or retrain-
ing programs; or in any other terms, condi-
tions, or privileges of employment, member-
ship, apprenticeship, or training; or to follow
any policy or procedure which, in fact, results
in such practices, without a valid business
motive or occupational qualification;
(7) For any person, whether an employer or an
employee, or not, to aid, abet, incite, compel,
or coerce the doing of any acts forbidden under
this chapter or to attempt to do so.
(b) The provisions of this article shall not apply
to part-time, temporary, or seasonal employees.
Nor shall the provisions of this article prevent
the enforcement of any bona fide retirement plan.
(Code 1966, 99 llA-30, llA-31)
Sec. 13-27. Unlawful public accommodations
practices.
It shall be an unlawful public accommodations
practice for any person as defined herein being
the owner, operator, lessee, manager, administra-
796
e
e
e
-
e
EQUAL OPPORTUNITY, AFFIRMATIVE ACTION
tor, agent or employee of any place of public
accommodation:
(1) To refuse, deny or make a distinction directly
or indirectly in offering its goods, services,
facilities and accommodations to any person
as covered by this chapter, because of race,
sex, religion, age, color, national origin, an-
cestry, physical handicap or marital status;
(2) For any person whether or not specifically
enjoined from discriminating under any pro-
visions of this chapter, to aid, abet, incite,
compel or coerce the doing of any of the acts
forbidden under this chapter, or attempt to
do so;
(3) Nothing in this chapter shall prohibit a reli-
gious organization, association or society, or
any nonprofit institution or organization oper-
ated, supervised, or controlled by or in con-
junction with a religious organization, associa-
tion, or society, from limiting its offerings of
goods, services, facilities, and accommodations,
to persons of the same religion, or from giv-
ing preference to such persons, provided that
such offerings above mentioned are not, in
fact, offered for commercial purposes;
(4) Nor shall anything in this chapter prohibit a
nonprofit private club, in fact not open to the
public, which incident to its primary purpose
or purposes, provides certain public accom-
modations herein defined, for other than com-
mercial purposes, from limiting such accom-
modations to its members, or giving prefer-
ence to its members and guests of its mem-
bers. (Code 1966, ~ llA-40)
Sec. 13-28. Unlawful discriminatory housing
practices.
It shall be an unlawful housing practice:
(1) For the owner, real estate broker, real estate
salesman, or employee or agent thereof:
a. To refuse to sell, rent, assign, lease, or
sublease, or offer for sale, rental, lease,
assignment or sublease any real property
or part or portion thereof to any person
or to refuse to negotiate for the sale, rent-
~ 13-28
aI, lease, assignment, or sublease when
in fact it is so available, or otherwise to
deny or withhold any housing accommo-
dations or real property or any part or
portion thereof to or from any person;
b. To discriminate against any person in
the terms, conditions, or privileges of the
sale, rental, lease, assignment, or sublease
of any housing accommodations or real
property or part or portion thereof or in
the furnishing of facilities or services in
connection therewith, or to require any
person to discriminate against any other
person in the use or occupancy of such
housing accommodations; or
c. To print, publish, circulate, issue, display,
post or mail, or cause to be printed, pub-
lished, circulated, issued, displayed, posted
or mailed any statement, advertisement,
publication or sign or to use any form of
application for the purchase, rental, lease,
assignment, or sublease of any housing
accommodations or real property or part
or portion thereof which expresses, directly
or indirectly, any limitation, specification,
or discrimination. The production of any
such statement, advertisement, publici-
ty, sign, form of application or record pur-
porting to be made by any such person
shall be prima facie evidence in any ac-
tion that the same was authorized by
such person.
(2) For any person or financial institution to which
application is made for financial assistance
for the purchase, acquisition, construction,
reconstruction, or remodeling of any housing
accommodations or real property or portion
thereof or any agent employee thereof:
a. To discriminate against any person or
prospective occupants or tenants of such
housing accommodations or real property
or part or portion thereof, in the grant-
ing, withholding, extending, modifying,
or renewing, or in the fixing of the rates,
terms, conditions or provisions of any such
financial assistance, or in the extension
of service in connection therewith; or
797
~ 13-21',
SALINA CODE
b, To use any form of application for such
financial assistance or to make any re-
cord or inquiry in connection with appli-
cations for such financial assistance which
expresses, directly or indirectly, any limita-
tion, specification or discrimination as to
race, sex, religion, age, color, national
origin, ancestry, physical handicap, or mar-
ital status, or any interest to make such
limitation, specification or discrimination,
(3) For any person, owner, real estate broker,
real estate salesman, or agent thereof:
a. To directly or indirectly solicit the sale,
lease, or the listing for sale or lease of
housing accommodations or real property
on the ground of imminent, or prospec-
tive entry into the neighborhood of a per-
son or persons of a particular race, sex,
religion, age, color, national origin, an-
cestry, physical handicap, or marital sta-
tus, or use such fact or suspicion as a
sales or listing inducement or stimulant,
or to distribute or cause to be distributed
material or make statements designed to
induce a property owner to sell or lease
his property due to such fact, suspicion
or imminent change in the neighborhood.
b. To engage in any form of threats or re-
prisal, or to engage in, or hire, or con-
spire with others to commit acts or activ-
ities of any nature, the purpose of which
is to harass, degrade, embarrass, or to
cause physical harm or economic loss to
any person attempting to exercise or en-
force the rights protected by this chap-
ter; to aid, abet, incite, compel or coerce
any person to engage in any of the un-
lawful discriminatory housing practices
defined in this chapter.
(4) For any person, owner, real estate broker,
real estate salesman, or agent thereof to know-
ingly sell, rent, assign, lease or sublease any
housing accommodation or real property which
has been withheld from any person in viola-
tion of this chapter, prior to the satisfactory
adjustment of the matter with the director or
the complainant, or the disposition of the mat-
ter in court. (Code 1966, 9 llA-50)
Secs. 13-29-13-40. Reserved.
ARTICLE IV. PUBLIC CONTRACTS
Sec. 13-41. Required contract provisions.
(a) Every contract for or on behalf of the city or
any agency thereof, for construction, alteration or
repair of any public building or public work or for
the acquisition of materials, equipment, supplies,
or services, shall contain provisions by which the
contractor and any subcontractors agree that:
(1) The contractor and subcontractor shall observe
the provisions of this chapter and shall not
discriminate against any person in the per-
formance of work under the present contract
because of race, sex, religion, age, color, na-
tional origin, ancestry, physical handicap, or
marital status, except by reason of a demon-
strably valid qualification or business motive;
(2) In all solicitations, or advertisements for em-
ployees, the contractor shall include the phrase
"equal opportunity employer," or a similar
phrase to be approved by the director.
(b) In all contracts entered into by the city or
any of its agencies or departments, there shall be
included a provision that during the performance
of the contract, the contractor will not discrimi-
nate against any employee or applicant for em-
ployment in the performance of the contract and
every contractor shall include similar provisions
in all subcontracts under his contract with the
city. (Code 1966, 99 llA-60, llA-61)
Sec. 13-42. Affirmative action by contractors
required.
Any contractor entering into a contract with
the city and his subcontractors shall take affir-
mative action to insure that employees are treated
equally without regard to their race, sex, religion,
age, color, national origin, ancestry, physical hand-
icap or marital status. Such affirmative action
shall include, but not be limited to the following:
Employment, upgrading, demotion or transfer, re-
cruiting or recruitment, advertising, layoff or ter-
mination, rates of payor other forms of compen-
sation and selection for training, including ap-
798
e
e
e
-
e
EQUAL OPPORTUNITY, AFFIRMATIVE ACTION
prenticeship. The contractor and subcontractor shall
agree to post in conspicuous places available to
employees and applicants for employment, notices
to be provided by the director setting forth provi-
sions of this article. The contractor and his sub-
contractors shall provide all affirmative action
information and necessary documents to imple-
ment the compliance with the requirements of all
federal, state and local laws and ordinances. It
shall be no excuse that the employer has a collec-
tive bargaining agreement with any union pro-
viding for exclusive referral or approval systems.
The failure of the contractor or subcontractors to
comply with the requirements ofthis article shall
be grounds for cancellation, termination, or sus-
pension of the contract in whole or in part by the
board of commissioners with the contractor or
subcontractors until satisfactory proof of intent to
comply will be submitted to and accepted by the
board of commissioners. (Code 1966, ~ llA-62)
Sec. 13-43. Mfirmative action plans.
Every contractor and subcontractor prior to en-
tering into a contract with the city shall submit
to the director of human relations an acceptable
written affirmative action plan which shall:
(1) Identify areas of employment, employment
policies, and employment practices which re-
quire action by the contractor or subcontrac-
tor to assure equal employment opportunity;
(2) Analyze these areas, policies and practices to
determine what actions by said contractor or
subcontractor will be most effective;
(3) Establish a plan with goals and timetables
designed to achieve equal employment op-
portunity;
(4) Include provisions for implementation, moni-
toring, and periodic evaluation in order to
insure that it continues to be a valid plan.
(Code 1966, ~ llA-63)
Sec. 13-44. Exemptions.
The provisions of this article shall not apply to:
(1) Contractors or suppliers who would not be
considered as an "employer" as defined in
section 13-2(b) (8);
~ 13-57
(2) Contracts and subcontracts not exceeding ten
thousand dollars ($10,000.00);
(3) Call type or purchase order agreements which
do not exceed ten thousand dollars ($10,000.00)
in total per calendar year; provided; vendors,
contractors and suppliers who will supply or
expect to supply the city with goods or ser-
vices exceeding ten thousand dollars ($10,-
000.00) during the subsequent calendar year
shall not be exempt from the requirements of
this article;
provided, the above exemptions shall not conflict
with applicable state or federal laws. (Code 1966,
~ llA-64)
Sees. 13-45-13-55. Reserved.
ARTICLE V. PROCEDURES FOR FILING
AND PROCESSING COMPLAINTS
Sec. 13-56. Complaint, filing of.
Any person claiming to be aggrieved by an al-
leged unlawful act or practice may, by himself or
by his attorney-at-law, make, sign and file with
the director of human relations a verified com-
plaint, in writing. The director or commission upon
its own initiative, or the city attorney, may, in a
like manner, make, sign and file such complaint.
An employer whose employees, or some of whom,
refuse or threaten to refuse to cooperate with the
provision of this chapter may file a verified com-
plaint asking for assistance by conciliation or other
remedial action. (Code 1966, ~ 11A-70)
Sec. 13-57. Submission of a false, misleading
or incomplete complaint, state-
ment, response or report.
Any person who knowingly and intentionally
submits or files or causes to be submitted or filed,
a false, misleading, or incomplete complaint, state-
ment, respons~ or report with the human rela-
tions commission, the director or any of his per-
sonnel, shall be guilty of a misdemeanor. (Code
1966, ~ llA-71)
799
~ 13-58
SALINA CODE
Sec. 13-58. Procedures for processing com-
plaints.
Procedures for processing the complaint shall
be in accordance with the following:
(1) The human relations department shall main-
tain a docket of all legally filed complaints,
and each complaint as initiated, shall be
assigned an appropriate designation.
(2) The director shall promptly notify the re-
spondent by certified mail that a complaint
has been filed. Such notice shall include:
The name of the complainant; the date the
complaint was filed; nature of the complaint
and that the director or a member of his
staff will, as soon as possible, proceed with
processing of the complaint.
(3) The director shall make, with the assistance
of his staff, a prompt and full investigation
of the alleged unlawful act or practice.
(4) Upon completion of the investigation, two
(2) commissioners will be assigned by the
chairman to determine whether probable
cause exists based on the investigation
documentation.
(5) A report on status of such investigation
shall be made by the director to the city
manager and to the investigating commis-
sioners within thirty (30) days after origi-
nal receipt of the complaint, provided that
if information requested has not been ob-
tained from the respondent, the period of
time may be extended, not to exceed thirty
(30) days, in which to make his reports.
(6) If it is determined that probable cause ex-
ists for crediting the allegations of the com-
plaint, the director shall promptly endeavor
to eliminate the unlawful discriminatory
act or practice. The director shall not make
public the details of such conciliatory pro-
ceedings, but he may publish the terms of
any conciliation agreement.
(7) Failure to arrive at a satisfactory adjust-
ment within fifteen (15) days after the re-
spondent is notified in writing of a finding
of probable cause may constitute sufficient
reason for the department to judge efforts
at conference and conciliation to be a failure.
(8) If the director of his staff succeed by confer-
ence and conciliation, an agreement shall
be prepared setting terms and conditions of
the agreement. The terms of such concilia-
tion agreement may include any promises
and remedies, for retroactive, present or
future effect, including all remedies which
may be ordered by the commission, and
including a provision for entry in court of a
consent decree embodying terms of the con-
ciliation agreement.
(9) Upon receipt of a written request from ei-
ther the complainant or respondent for
a public hearing, the chairman of the com-
mission or in his absence the vice-chairman,
shall within five (5) days designate three
(3) commissioners to conduct such public
hearing. Such public hearing shall be held
after reasonable notice to all parties of the
time and place thereof, but within fifteen
(15) days of receipt of the written request
for the hearing.
(10) The commission shall adopt such rules and
procedures for conducting public hearings
as it deems necessary and appropriate.
(11) The city attorney or his assistant shall pro-
vide legal counsel to the hearing panel. In
the event the complaint is against the city
or any of its officials or employees, the hear-
ing panel will be represented by other legal
counsel for such assistance.
(12) The commission, on its own initiative, may
at any time during the course of the inves-
tigation or subsequent thereto, order a pub-
lic hearing.
(13) If the commissioners conducting said hear-
ing conclude, by a majority vote, that the
respondent has, in their opinion, engaged
in unlawful discriminatory acts or prac-
tices as alleged in whole or in part, by the
complainant, the reviewing board shall
exercise any of the following options or a
combination of same:
800
e
e
e
-
e
EQUAL OPPORTUNITY, AFFIRMATIVE ACTION
a. Cease and desist: Directing the re-
spondent to cease and desist from such
unlawful practice; and
b. Issue such orders in writing as the facts
warrant. Such order may require the
respondent to cease and desist from such
unlawful acts or practices and to take
such affirmative action as necessary to
comply with the provisions of this chap-
ter, including a requirement for a re-
port or reports of the manner of com-
pliance of the law; and
c. Compensatory damages: Awarding of
compensatory damages to the person
aggrieved by such practice, as will ef-
fectuate the purpose of the law; and
d. Punitive damages: Awarding of puni-
tive damages to the persons aggrieved
by such practices, as will effectuate
the purpose of the law.
(14) If the commissioners conducting said hear-
ing conclude, by a majority vote, that the
respondent has, in their opinion, not en-
gaged in unlawful discriminatory acts or
practices as alleged in whole or in part by
the complainant, they shall make a finding
of no violation, and shall issue and order
based on such finding dismissing the com-
plaint to such respondent.
(15) Failure to comply with or violation of any
conciliatory agreement entered into by the
complainant or respondent or failure to com-
ply with any order issued by the reviewing
shall be cause for the commission to request
the city attorney or other legal counsel which
they have retained in the case to under-
take and proceed with appropriate legal
action. (Code 1966, ~ llA-72; Ord. No.
81-8889, ~ 1, 12-7-81)
Sec. 13-59. Time for iJ1ing complaint.
(a) Any person claiming to be aggrieved by rea-
son of an alleged unlawful act or practice must
file his complaint with the director of human re-
lations within the following periods of time from
the date of the alleged incident towit:
(1) For violation of any of the unlawful employ-
ment practices specified in section 13-26 within
~ 13.71
ninety (90) days from the date of the alleged
incident;
(2) For violation of any unlawful public accom-
modation practice as specified in section 13-27,
within ninety (90) days from the date of the
alleged violation;
(3) For violation of any unlawful housing prac-
tices as specified in section 13-28, within thirty
(30) days from the alleged incident;
(4) For violation of any unlawful practices under
public contracts as specified in article IV of
this chapter, within ninety (90) days from the
date of the alleged incident.
(b) Failure to file a claim within the periods
above specified shall constitute a waiver on the
part of the complainant of any breach of this chap-
ter. (Code 1966, ~ llA-73)
Sees. 13-60-13-70. Reserved.
ARTICLE VI. THE ORGANIZATIONAL
STRUCTURE AND RESPONSIBILITIES
FOR CARRYING OUT THE CITY'S
COMMITMENT TO THE PRINCIPLE OF
NONDISCRIMINATION IN CITY
EMPLOYMENT
Sec. 13-71. Definitions.
The following words and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
(1) Directors means the director of personnel and
the director of human relations.
(2) Minority as defined by the Federal EEOC are
members of racial or ethnic groups which have
encountered, or now encounter, employment
or other discrimination in our society because
of such group membership or affiliations. Eth-
nic categories as defined by Federal EEOC
are:
a. The category "white" should include per-
sons of Indo-European descent, including
Pakistani and East Indian.
b. The category "black" should include per-
sons of African descent as well as those
801
~ 13-71
SALINA CODE
identified as Jamaican, Trinidadian and
West Indian.
c. The category "Spanish Surnamed" should
include persons of Mexican, Puerto Rican,
Cuban, Latin American or Spanish descent.
d. The category "American Indian" should
include persons who identify themselves
or are known as such by virtue of tribal
association.
e. The category "Asian American" should
include persons of Japanese, Chinese, Ko-
rean, or Filipino descent.
f. The category "other" should include Aleuts,
Eskimos, Malayans, Thais, and others not
covered by the specific categories on the
form.
(3) Program means the affirmative action pro-
gram. (Code 1966, ~ llA-91)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 13-72. Administration.
The administration of this article shall be the
responsibility of the city manager. (Code 1966, ~
llA-90)
Sec. 13-73. Selection standards.
(a) The directors will cause a review of all job
specifications to assure that requirements contained
therein are job related and do not present unrea-
sonable barriers for entry by minority or female
applicants.
(b) The directors will cause a review of all writ-
ten examinations administered to assure that they
do not have a discriminatory effect on minority or
female applicants.
(c) As new classifications are established, or
new selection standards utilized, the directors will
review each standard to assure its nondiscrimi-
natory nature. (Code 1966, ~ llA-92)
Sec. 13-74. Recruiting and advertising.
(a) In order to insure nondiscrimination in em-
ployment opportunities, the director of personnel
shall promptly notify the director of human rela-
tions of any vacancy to be filled. The director of
human relations shall upon receiving any job va-
cancy listing, promptly post notice of such in pub-
lic locations in at least three (3) places through-
out the city. The director of personnel shall be
responsible for seeing that an advertisement is
given publication in at least one and not more
than three (3) periodical news agencies with gen-
eral circulation in the city. The city shall be re-
sponsible for the payment of all advertising costs.
No person shall be employed to fill any vacancy,
except in the "semiskilled and laborer-type" cat-
egory, within ten (10) days after the vacancy is
listed with the director of human relations, un-
less in the opinion of the city manager an emer-
gency exists. Vacancies in the "semiskilled and
laborer-type" category may be filled after publi-
cation of the vacancy. All applications for employ-
ment shall be filed with the director of personnel.
(b) Recruiting efforts shall be directed toward
educational institutions having minority and/or
female enrollment.
(c) Communications and referral relationships
to be established and maintained with groups and
organizations likely to yield minority or female
applicants.
(d) Advertising for applicants shall be done in
the manner most likely to reflect the city's affirma-
tive desire to attract minority and female appli-
cants. (Code 1966, ~ llA-93)
Sec. 13-75. Mfirmative management.
(a) It shall be unlawful for the head of any
department, official agent, or employee of the city
or of any department thereof acting for or on
behalf of said city in any manner involving em-
ployment by the city to discriminate against any
person otherwise qualified in employment or in
tenure, terms or conditions of employment, or to
discriminate in promotion or increase in compen-
sation; or to publish offers of or to offer employ-
ment based upon such discrimination; or to adopt
or enforce any rule or employment policy which
discriminates between employees or prospective
employees; or to seek information relating to age,
race, sex, religion, color, national origin, ancestry
or physical handicap from any person or employ-
802
e
-
e
-
e
EQUAL OPPORTUNITY, AFFIRMATIVE ACTION
~ 13-78
ee, as a condition of employment, tenure, term or
in connection with conditions of employment, pro-
motion or increase in compensation unless such
information is demonstrably valid as being an
essential occupational qualification, or to discrimi-
nate in the selection of personnel for training.
(b) The directors will work closely with each
department head in the following areas:
(1) Classification plan: Analyze and restructure
where justified to provide maximum oppor-
tunity for applicants to qualify for employ-
ment, as well as, for employees to advance.
(2) Staff orientation: Initiate programs to assure
that all personnel responsible for selection
and supervision are aware of and provided
with training to develop skill in implement-
ing the affirmative action program.
(3) Identify areas for concentrated efforts: The di-
rectors shall develop statistical information
relative to the utilization of minorities and
females in all departments of the city, iden-
tify areas of deficiency, and develop goals and
methods for correcting such deficiencies. (Code
1966, ~ llA-94)
Sec. 13-76. Evaluation committee.
(a) There is hereby established an affirmative
action evaluation committee composed of the city
manager or his designee, the director of person-
nel, the director of human relations and other
department heads as the city manager may deem
appropriate. The city manager or his designee
shall serve as chairman of the committee.
(b) The committee shall advise the department
heads on implementation procedures, identifica-
tion of areas for concentrated efforts, and aid in
other matters related to implementation of the
program.
(c) The committee shall meet not less than quar-
terly to review overall progress on implementa-
tion of the program. They shall make any modifi-
cations as may be necessary to assure maximum
effective implementation of the program. (Code
1966, ~ llA-95)
Sec. 13-77. Training for upward mobility.
The city manager will take measures to assure
that maximum opportunity is offered to minori-
ties and women for entry into training or educa-
tional programs which will enhance their employ-
ment for upward mobility potential. (Code 1966, ~
llA-96)
Sec. 13-78. Reports.
The city manager will submit an annual report
to the board of commissioners on the status of the
affirmative action program. (Code 1966, ~ llA-98)
[The next page is 853]
803
e
e
e
-
e
Chapter 14
FIRE PREVENTION AND PROTECTION*
Art. I. In General, H 14-1-14-16
Art. II. Firemen's Relief Association, ~~ 14-17-14-40
Art. III. Fire Prevention Code, ~~ 14-41-14-79
Div. 1. Generally, ~~ 14-41-14-50
Div. 2. Fireworks, ~~ 14-51-14-65
Div. 3. Liquefied Petroleum Gases, ~~ 14-66-14-75
Div. 4. Miscellaneous Hazards, ~~ 14-76-14-79
ARTICLE I. IN GENERAL
Sec. 14-1. Charge for fire protection on prop-
erty outside the city limits.
(a) Effective September 1, 1969, the annual charge
for fire protection furnished by the city for any
property located outside the limits of the city,
pursuant to K.S.A. 80-1502, shall be a sum equiva-
lent to one hundred twenty-five (125) percent of
the mill levy required to provide fire protection
service within the limits of said city for the year
in which the contract is executed or renewed. The
mill levy determined on this basis shall be multi-
plied by the assessed valuation of said property
for which fire protection is furnished.
(b) The above rate shall be made on the as-
sessed valuation of land, improvements, and per-
sonal property listed for tax purposes for the pre-
ceding year as shown by the records in the office
of the city clerk.
(c) All fire contracts now in existence shall be
changed to reflect the above rates and valuation
on the anniversary date of the contract.
(d) All charges for fire protection shall be pay-
able annually, in advance.
(e) All fire contracts shall be limited to prop-
erty located within a one mile limit of the city.
(Code 1966, ~ 12-1)
Sec. 14-2. Obstructing hydrants.
No person shall place or cause to be placed
upon or about any fire hydrant any rubbish, build-
ing material, fence or other obstruction of any
character whatsoever so as to in any manner ob-
struct, hinder or impede the fire department in
the performance of its duties in case of a fire in
the vicinity of such hydrant. (Code 1966, ~ 12-17)
Sec. 14-3. Resisting firemen.
Any person who shall hinder, obstruct or resist
any fireman in the performance of his duties shall
be deemed guilty of a misdemeanor. (Code 1966, ~
12-16)
Cross reference-Offenses affecting governmental functions, ~
25-21 et seq.
Sec. 14-4. Command at fires.
The fire chief shall have the authority over all
persons at fires and shall have the power to re-
move and keep away from the vicinity of any fire
any person and obtain the aid of any person to
assist and control in the situation. The fire chief
shall have the authority to take whatever actions
as he deems necessary for the control of any situ-
ation threatening life or property. In the absence
of the fire chief, the assistant fire chief or next
higher officer in the department shall be in com-
mand. (Code 1966, ~ 12-15)
*Cross references-Buildings and structural appurtenances, Ch. 8; removal of wires, turning off current in case of fire, ~ 8-82;
false fire alarms, ~ 25-84; burning of garbage, ~ 34-32; smoking, lighting matches, lighters on buses, ~ 40-2; payment upon
retirement to certain members of the fire department, App. A, Charter ord. no. 15.
State law reference-Fire protection, K.S.A. Ch. 31.
853
~ 14.;5
SALINA CODE
Sec. 14-5. Authority to remove structures to
check fire.
The fire department may, under the direction
of the chief, or in his absence, under the direction
of the assistant chief, tear down or remove any
building, erection or fence for the purpose of check-
ing the progress of any fire, every reasonable ef-
fort having been made to check the flames by
other means. (Code 1966, ~ 12-22)
Sees. 14-6-14-16. Reserved.
ARTICLE II. FIREMEN'S RELIEF
ASSOCIATION*
Sec. 14-17. Composition.
The Firemen's Relief Association of Salina shall
be composed of all regularly paid members of the
fire department. (Code 1966, ~ 12-38)
Sec. 14-18. Officers specified.
The officers of the firemen's relief association
shall consist of a president, vice-president, secre-
tary and treasurer and a board of directors which
shall consist of the president, vice-president, secre-
tary and two (2) members, to be selected as pro-
vided by the bylaws of the firemen's relief associ-
ation. (Code 1966, ~ 12-39)
Sec. 14-19. Bylaws, regulations authorized.
The fireman's relief association shall adopt such
bylaws, rules and regulations as it may deem
advisable in carrying out and promoting the ob-
jects of the association, not inconsistent with this
article or the laws of the state. (Code 1966, ~
12-41)
Sec. 14-20. Records.
The secretary shall keep a complete record of
the transactions of the association, which shall at
all times be subject to inspection by the board of
commissioners. (Code 1966, ~ 12-42)
.Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
State law reference-Firemen's relief fund, K.S.A. 40-1701
et seq.
Sec. 14-21. Custody of funds; bond of
treasurer.
The treasurer of the firemen's relief association
shall at all times be the custodian of all funds
belonging to the association, and he shall give
bond for the safekeeping of such funds and for
faithful performance in such sum with such sure-
ties as may be approved by the board of commis-
sioners. (Code 1966, ~ 12-43)
Sec. 14-22. Procedure for disbursements.
The firemen's relief association shall, through
the president, vice-president and secretary of the
association, present to the board of directors of
the association, in writing, a statement of any
disbursements that they desire to make, and if
the same is approved by the board of directors,
the amount so approved shall be allowed by the
firemen's relief association for the use and pur-
poses of the relief fund. In all cases involving
expenditures or payments in an amount of five
hundred dollars ($500.00) or more prior certifica-
tion shall be obtained from the city attorney that
such expenditure or payment complies with K.S.A.
Chapter 40, Article 17. (Code 1966, ~ 12-44)
Sec. 14-23. Statutory limitation on use of
funds.
All moneys received by the treasurer of the
firemen's relief association for firemen's relief shall
be set apart and used by the firemen's relief associ-
ation solely and entirely for the objects and pur-
poses set forth in this article and as set forth in
K.S.A. Chapter 40, Article 17, and shall be paid
to and distributed by the firemen's relief associa-
tion under such provisions as shall be made by
the board of commissioners. (Code 1966, ~ 12-45)
Sec. 14-24. Investments.
The officers of the firemen's relief association
may invest any amount not exceeding ninety (90)
percent of all such moneys, in purchasing bonds
of the city; provided, that if the bonds of the city
are not obtainable, United States government bonds
may be purchased or any municipal bond of this
state may be purchased; provided further, that
such relief funds are used to purchase bonds where
the bonded indebtedness of the municipality does
854
e
e
e
-
e
FIRE PREVENTION AND PROTECTION
~ 14-41
not exceed fifteen (15) percent of its assessed val-
uation as shown by the last assessment preceding
such investment. Such purchase must be approved
by the board of commissioners of the city; provid-
ed, that it shall be the duty of the city attorney to
examine all such bonds as to the validity and
report thereon in writing to the board of commis-
sioners and the firemen's relief association and
no bonds shall be purchased by said firemen's
relief association until they have been approved
and found valid by the city attorney. (Code 1966,
~ 12-46)
Sec. 14-25. Funds to be held in trust; purpose
for which used; loans to city.
All moneys collected and received by the fire-
men's relief association shall be held in trust and
used as a fund for relief of any member of the fire
department when injured or physically disabled
in or by reason of the discharge of his duties as
such, and for the relief or in payment of gratui-
ties to the widow or those dependent on any mem-
ber of such fire department who may be killed in
the discharge of his duties as fireman, or who
may die from the effects of injuries so received or
from disease contracted by reason of his duties as
such, and for the payment of the necessary fu-
neral expense of any member of such fire depart-
ment when killed in the discharge of his duties as
fireman, or in the case of death resulting from
injuries so received or disease contracted by rea-
son of his duties as such, or for the further pur-
pose of paying a pension to members who are
unfit for service for having served for a period of
not less than twenty (20) years on the depart-
ment, such pension not to exceed in amount one-
half of the monthly salary at the date of retire-
ment, or for the purchase of insurance which would
provide for any and all of the foregoing purposes
for which such fund is authorized; provided how-
ever, that the firemen's relief association is hereby
authorized to lend part or all of such funds to the
city to be used by the city in the improvement of
its fire department and equipment thereof and
the city is hereby authorized to borrow the same
and issue to the treasurer of the firemen's relief
association its warrant therefor bearing interest
payable semiannually at a rate of not to exceed
six (6) percent per annum. (Code 1966, ~ 12-47)
Sec. 14-26. Limitations on insurance.
The firemen's relief association may provide
insurance as provided in section 14-25, subject to
the following limitations:
(1) Policies must be purchased, owned and held
by the firemen's relief association.
(2) Policies must name the firemen's relief associ-
ation as beneficiary and must not contain a
provision which would permit the assured to
change the beneficiary;
(3) Life insurance must be term insurance only;
and
(4) Policies must be limited to cover only acci-
dental injuries or disease suffered or contract-
ed, or death resulting therefrom, by reason of
duties as a member of the fire department;
provided, however, that it will be permissible
for the association to purchase policies giving
twenty-four (24) hour coverage by requiring
individual members to pay the additional cost
over the limited coverage, which additional
cost is hereby determined to be fifteen (15)
percent of the total premium on the policy.
(Code 1966, ~ 12-48)
Sec. 14-27. Double benefits prohibited.
No person having been a regularly paid mem-
ber of the fire department shall be entitled to
receive benefits in the form of relief and pensions
at the same time and such double benefits are
hereby prohibited. (Code 1966, ~ 12-49)
Sees. 14-28-14-40. Reserved.
ARTICLE III. FIRE PREVENTION CODE
DIVISION 1. GENERALLY
Sec. 14-41. Adoption of National Fire Code.
There is hereby adopted by reference the 1981
Edition of the National Fire Codes, as published
by the National Fire Protection Association, ex-
cept for the Life Safety Code 101 which shall be
as in use by the state fire marshal. Not fewer
than three (3) copies of such code have been and
855
~ 14-41
SALINA CODE
are now filed in the office of the city clerk. (Code
1966, ~ 12-76)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12-3009 et seq.
Sec. J4-42. Violations.
Any person who shall violate any provision of
the fire prevention code hereby adopted or any
changes or additions thereto prescribed by this
division or fail to comply therewith or who shall
violate or fail to comply with any order made
thereunder, or who shall build in violation of any
detailed statement of specifications or plans sub-
mitted and approved hereunder, or any certifi-
cate or permit issued thereunder, and from which
no appeal has been taken hereunder, shall sever-
ally for every violation and noncompliance, re-
spectively, be guilty of a misdemeanor. The impo-
sition of one penalty for any violation shall not
excuse the violation or permit it to continue; and
all such persons or corporations shall be required
to correct or remedy such violations or defects
within a reasonable time; and when not other-
wise specified each ten (10) days that prohibited
conditions are maintained shall constitute a sep-
arate offense. The application of a penalty shall
not be held to prevent the enforced removal of
prohibited conditions. (Code 1966, ~ 12-113)
Sees. 14-43-14-50. Reserved.
DIVISION 2. FIREWORKS
Sec. 14-51. Defined.
Fireworks shall mean and include any combus-
tible or explosive composition, or any substance
or combination of substances, or article prepared
for the purpose of producing a visible or an audi-
ble effect by combustion, explosion, deflagration
or detonation, and shall include blank cartridges,
toy pistols, toy cannons, toy canes, or toy guns in
which explosives are used, the type of balloons
which require fire underneath to propel the same,
firecrackers, torpedoes, skyrockets, Roman candles,
Dago bombs, sparklers, or other devices of like
construction and any devices containing any ex-
plosive or flammable compound, or any tablets or
other devices containing any explosive substance,
except that the term "fireworks" shall not include
auto flares, paper caps containing not in excess of
an average of twenty-five hundredths of a grain
of explosive content per cap, and toy pistols, toy
canes, toy guns or other devices for the use of
such caps, the sale and use of which shall be
permitted at all times. (Code 1966, ~ 12-119)
Cross reference-Definitions and rules of construction gen-
erally, * 1-2.
Sec. 14-52. Manufacture prohibited.
The manufacture of fireworks is prohibited within
the city. (Code 1966, * 12-120)
Sec. 14-53. Storing, selling, dealing in, using.
(a) Except as hereinafter provided it shall be
unlawful for any person to store, to offer for sale,
expose for sale, sell at retail, or use or explode
any fireworks; provided that the chief of the fire
department shall have power to adopt reasonable
rules and regulations for granting of permits for
supervised public displays of fireworks by the city,
fair associations, amusement parks, and other or-
ganizations. Every such display shall be handled
by a competent operator approved by the chiefs of
the police and fire departments of the city, and
shall be of such character, and so located, dis-
charged or fired as in the opinion of the chief of
the fire department, after proper inspection, shall
not be hazardous to property or endanger any
person.
(b) Application for permits shall be made in
writing at least fifteen (15) days in advance of the
date of the display. After such privilege shall have
been granted, sale, possession, use and distribu-
tion of fireworks for such display shall be lawful
for that purpose only. No permit granted hereun-
der shall be transferable. (Code 1966, ~ 12-121)
Sec. 14-54. Liability insurance required for
display.
The permittee for a fireworks display shall file
with the city clerk a policy of liability insurance
issued by some company authorized to do busi-
ness in the state, which shall provide liability
insurance coverage in an amount of at least five
hundred thousand dollars ($500,000.00) for the
payment of any and all damages which may be
caused either to persons or to property by reason
856
e
-
e
-
e
FIRE PREVENTION AND PROTECTION
~ 14-77
of the permitted display, and arising from any act
of the permittee, his agents, employers or subcon-
tractors. (Code 1966, ~ 12-122)
Sec. 14-55. Disposal of unfired fireworks.
Any fireworks that remain unfired after the
display is concluded shall be immediately disposed
of in a way safe for the particular type of fire-
works remaining. (Code 1966, ~ 12-123)
Sec. 14-56. Exceptions.
Nothing in this division shall be construed to
prohibit the use of fireworks by railroads or other
transportation agencies for signal purposes or il-
lumination, or the sale or use of blank cartridges
for a show or theater, or for signal or ceremonial
purposes in athletics or sports, or for use by mili-
tary organizations. Such agencies shall store their
supplies of fireworks in accordance with the fire
code. (Code 1966, ~ 12-124)
Sec. 14-57. Seizure of violations.
The chief of the fire or police department shall
seize, take, remove, or cause to be removed at the
expense of the owner all stocks of fireworks of-
fered or exposed for sale, stored, or held in viola-
tion of this division. (Code 1966, ~ 12-125)
Sec. 14-58. Nuisance declared; abatement.
The possession, storing, displaying for sale, sell-
ing, offering for sale, giving away, discharging,
firing or using of any of the fireworks, pyrotech-
nics or other articles mentioned in section 14-51
at any place within the city by any person, is
hereby declared to be a nuisance and any such
nuisance may be abated by injunction or other-
wise as provided for in K.S.A. 13-1417; provided,
that the remedy provided for in this section is in
addition to the penalty for violation of this divi-
sion. (Code 1966, ~ 12-126)
Cross reference-Nuisances generally, Ch. 24.
Sees. 14-59-14-65. Reserved.
DIVISION 3. LIQUEFIED PETROLEUM
GASES
Sec. 14-66. Regulations adopted.
The "Rules and Regulations Relating to the
Liquefied Petroleum Gas Industry of the State of
Kansas" promulgated and issued by the state fire
marshal and filed with the Revisor of Statutes,
are hereby incorporated in this Code by reference
and made a part hereof the same as if set out in
full. (Code 1966, ~ 12-139)
Sec. 14-67. Violations, penalty.
Any person who shall violate any of the regula-
tions as incorporated by reference by section 14-66
shall be guilty of a misdemeanor. (Code 1966, ~
12-140)
Sees. 14-68-14-75. Reserved.
DIVISION 4. MISCELLANEOUS HAZARDS
Sec. 14-76. Location fol' boiling pitch or tar.
No person shall, within the city limits, boil any
pitch, tar or other inflammable substance of like
nature, unless the same is done in an open space
not less than twenty (20) feet from any building
or other property that can be endangered there-
by, or within a building specially designated for
such purpose and at, such distance from any other
building as the fire chief shall direct. (Code 1966,
~ 12-146)
Sec. 14-77. Open fires.
It shall be unlawful for any person to set on
fire, within the city, any leaves, grass, trash, rub-
bish or other combustible materials at any time,
other than in commercial type incinerators; pro-
vided however, that the fire chief may designate
periods when open fires will be permitted if regu-
lations prescribed by him are carried out. The fire
chief shall have authority to stop any open fire
857
~ 14-77
SALINA CODE
burning if he deems advisable; provided further
however, that the chief of the fire department or
a member of the department designated by him
may issue a permit for open fires in the issuance
of the same in his determination would not con-
stitute a hazard, smoke nuisance or be detrimen-
tal to neighboring property or persons. Prior to
the issuance of the permit, the fire chief or his
designee may require such person to give assur-
ance that he will comply with any and all safety
precautions and conditions as may be prescribed
by him. (Code 1966, ~ 12-147)
Sec. 14-78. Fires prohibited on streets.
In no case shall any material be burned upon
any avenue, street, alley or gutter within the city
paved with Bitulithic, asphalt or concrete pave-
ment or blocks or bricks. (Code 1966, ~ 12-148)
Cross reference-Streets, sidewalks and other public places,
Ch.35.
Sec. 14-79. Sale of gasoline on streets, side-
walks.
It shall be unlawful for any person, either as
principal or as the agent or representative of an-
other, to sell and deliver or to offer to sell and
deliver to any motor vehicle in or upon any public
street, alley or thoroughfare within the city, any
gasoline from any tank truck or similar vehicle
wherein gasoline is transported for sale; provid-
ed, that it is not intended and this section shall
not operate against the sale and delivery of not to
exceed three (3) gallons of gasoline upon the pub-
lic streets and thoroughfares within the fire lim-
its to a motor vehicle in the event such vehicle
shall be then incapable of operation because of an
actual and complete lack of gasoline; provided,
that such emergency shall actually exist, without
intent or purpose of the driver thereof to evade
the provisions of this section; provided further,
that nothing herein contained shall be construed
to prohibit the delivery of gasoline to filling sta-
tions and other places of business within the fire
limits of the city, where gasoline is kept for sale
and disposition, but in all instances where excep-
tions to the provisions of this section are permit-
ted, such delivery shall be made in a careful man-
ner with due regard for the protection and safe-
guard against explosions or combustion and with
regard to the protection of property and of travel-
ers or pedestrians upon the public streets and
sidewalks of the city. (Code 1966, ~ 12-149)
Cross reference-Streets, sidewalks and other public places,
Ch.35.
[The next page is 909]
858
e
e
e
-
e
Chapter 15
FLOOD PREVENTION AND CONTROL.
Art.
Art.
I. In General, H 15-1-15-15
II. Flood Protection Works, H 15-16-15-21
ARTICLE I. IN GENERAL
Sec. 15-1. Police power extended to system.
The police power of the city is hereby extended
to include the entire flood control system owned
and operated by the city, as shown on the flood
control map on file in the office of the city clerk.
(Code 1966, ~ 13-1)
Sec. 15-2. Lands included in corporate limits.
The lands shown on the flood control map as
being within the flood control system shall be
deemed to be a part of the corporate limits of the
city. (Code 1966, ~ 13-2)
Sec. 15-3. General ordinances applicable.
All general ordinances of the city are hereby
declared to be applicable to the above mentioned
flood control property. (Code 1966, ~ 13-3)
Sec. 15-4. Trespassing on, damaging, inter-
fering with property.
It shall be unlawful for anyone to trespass, en-
croach upon, injure, damage, destroy or interfere
with any of the flood control property belonging
to the city. (Code 1966, ~ 13-4)
Sec. 15-5. Manager to prepare regulations.
The city manager is hereby authorized and di-
rected to prepare such rules and regulations as
may be necessary in regard to the management
and control of the flood control property owned by
the city. (Code 1966, ~ 13-5)
Secs. 15-6-15-15. Reserved.
ARTICLE II. FLOOD PROTECTION
WORKS
Sec. 15-16. Findings.
The board of commissioners hereby declares that
in the public interest and for the protection of life
and property of citizens of this city, this article is
deemed necessary. (Code 1966, ~ 13-11)
Sec. 15-17. Flood protection works; city en-
gineer to review plans for certain
proposed construction or ex-
cavations.
No construction or excavation or other works
shall be made or commenced within one thousand
(1,000) feet landward or riverward of the center
line of any flood protection works defined as in-
cluding levees, floodwalls and appurtenances and
such further distance as may be determined nec-
essary by the city engineer under certain circum-
stances then existing, of the center line of any
flood protection works that may impair or endan-
ger the proposed function of any such flood pro-
tection works; provided, that any plan or proposal
for such construction or excavation shall be sub-
mitted to the city engineer for examination and
determination as to the probability of any impair-
ment or endangerment to such flood protection
works by the proposed construction or excavation.
(Code 1966, ~ 13-12)
Sec. 15-18. Issuance or denial of permit for
construction or excavation.
If the city engineer shall determine, upon good
authority, that the proposed construction or ex-
cavation referred to in section 15-2 shall be detrimen-
.Cross references-Buildings and structural appurtenances, Ch. 8; flood plain zoning district, II 42-426 et seq.
State law reference-Flood plain regulation, K.S.A. 12-734 et seq.
909
~ 15-18
SALINA CODE
tal or will impair or endanger the function of any
flood protection works, permission for such con-
struction shall be denied. However, if a determina-
tion that no impairment or endangerment of such
flood protection works by such proposed construc-
tion or excavation may occur, a permit for such
construction or excavation shall be issued by the
city engineer after the applicant has fulfilled the
prerequisite requirements of the building code
and other pertinent ordinances. (Code 1966, ~ 13-13)
Sec. 15-19. Restricted or conditional permit.
The city engineer may issue, within sound dis-
cretion and upon good authority, a restricted or
conditional permit for such proposed construction
or excavation. (Code 1966, ~ 13-14)
Sec. 15-20. Withholding of grade sheet or
building permit.
The building official shall withhold the issu-
ance of any building permit until compliance with
this article. (Code 1966, ~ 13-15)
Sec. 15-21. Appeals from decision of city
engineer.
Any person feeling aggrieved by the determi-
nation of the city engineer under the conditions
and terms of this article may appeal in writing to
the board of commissioners within ten (10) days
of such determination by the City engineer. (Code
1966, ~ 13-16)
[The next page is 961J
910
-
e
e
e
-
e
Chapter 16
FOOD AND FOOD HANDLERS.
(RESERVED)
.Editor's note-Kansas Administrative Regulations 28-36-20 through 28-36-29.
Cross references-Entertainment in food establishments, ~ 6-76 et seq.; health and sanitation, Ch. 17.
State law reference-Food generally, K.S.A. Ch. 65, Art. 6.
[The next page is 1061]
961
-
e
e
e
e
e
Chapter 17
HEALTH AND SANITATION*
Art. I. In General, ~~ 17-1-17-15
Art. II. City-County Board of Health, ~~ 17-16-17-20
ARTICLE I. IN GENERAL
Sec. 17-1. "Health department" defined.
Whenever in this Code and other ordinances of
the city the words "health department" are used
they shall refer to the city-county health depart-
ment. (Code 1966, ~ 15-1)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 17-2. "Health officer" defined.
(a) Whenever in this Code and other ordinances
of the city the words "health officer" are used
they shall refer to the health officer appointed by
the joint city-county board of health.
(b) "Health officer" shall also include assistants
authorized by the joint city-county board of health
and acting for and under the supervision of the
health officer. (Code 1966, ~ 15-2)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sees. 17-3-17-15. Reserved.
ARTICLE II. CITY-COUNTY BOARD
OF HEALTH*
Sec. 17-16. Organization.
There is hereby created and established in and
for the County of Saline and City of Salina, State
of Kansas, a joint city-county board of health com-
*Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
State law reference-Joint boards of health, K.S.A. 65-205
et seq.
posed of eleven (11) members to be selected as
follows:
(1) Each of the three (3) members of the board of
commissioners of the county shall be mem-
bers of the joint board during their term in
office as county commissioners;
(2) The mayor of the board of commissioners of
the city shall appoint three (3) members from
that body as members of the joint board, whose
term shall be their tenure in office as city
commissioners or at the pleasure of the mayor
and the city commissioners;
(3) The six (6) members from the county and city
board of commissioners shall select five (5)
additional members for the joint board, as
follows:
a. From a list containing the names of two
(2) or more doctors of medicine practicing
within the corporate limits ofthe county,
selected by the Saline County Medical
Society, they shall appoint one member
whose term shall expire July 1, 1979;
b. From a list containing the names of two
(2) or more registered nurses having legal
residence in and residing in the corpo-
rate limits ofthe county, selected by the
board of directors of the District Nurses'
Association of which the county is a part,
they shall appoint one member whose
term shall expire July 1, 1978;
c. From a list containing the names of two
(2) or more dentists, practicing with the
county, selected by the Salina Dental So-
ciety, they shall appoint one member whose
term shall expire July 1, 1979;
*Cross references-Department of public health, ~ 2-121 et seq; food and food handlers, Ch. 16; nuisances, Ch. 24; public
utilities, Ch. 31; solid waste, Ch. 34; smoking, lighting matches and lighters on buses, ~ 40-2; water and sewers, Ch. 41.
State law reference-Public health generally, K.S.A. Ch. 65.
1061
~ 17-16
SALINA CODE
d. From a list containing the names of two
(2) or more doctors of veterinary medi-
cine, practicing within the county, selected
by Saline County Veterinary Medical As-
sociation, they shall appoint one mem-
ber whose term shall expire July 1, 1980;
e. They shall select one member at large,
whose term shall expire July 1, 1977;
f. After the expiration of the initial term of
each of the above five (5) members, their
successors shall be appointed and serve
for a three-year term. (Res. No. 1576, ~ 1,
6-28-55; Res. No. 3311, 3-14-77)
Sec. 17-17. Powers and duties.
(a) The joint city-county board of health shall
determine and define the policies for the promo-
tion of the public health and sanitation of the
county.
(b) The joint city-county board of health shall
appoint a health officer qualified in the specialty
of preventive medicine and public health, who
shall be ex officio a member of the board and its
health officer and director of the city-county health
department, and it shall be his duty to develop
and direct the program necessary to cause the
policies established by the board under subsec-
tion (a) above to be effective.
(c) To adopt, amend and repeal rules, regula-
tions and bylaws governing its procedure and
activities.
(d) All powers, duties and limitations as are
now or hereafter may be provided by law for cre-
ation and conduct of boards of health as now con-
ferred by law upon local municipal or county boards
of health.
(e) All money provided for health and sanita-
tion purposes by the boards of commissioners of
the city and county shall, when collected, be paid
over to the treasurer of the joint board in an
amount not exceeding- that budgeted by the said
commissions for such purposes. The joint board of
health shall have the exclusive control of the ex-
penditures of all money paid to the credit of its
treasurer for health and sanitation purposes, and
the treasurer shall receive and pay all the money
under the control of the board as ordered by it.
(f) The joint board of health shall, during the
first month of each year, file with the board of
commissioners of the city and county a report of
its activities and a statement of all receipts and
expenditures during the preceding calendar year.
(Res. No. 1576, ~ 2, 6-28-55)
Sec. 17-18. Officers.
(a) A chairman and vice chairman shall be elected
by the joint board from its membership. A trea-
surer shall also be appointed by the joint board.
(b) The health officer, director of the city-county
health department, shall serve, by virtue of his
office, as secretary and executive officer of the
board but shall hold no power to vote. Except for
the secretary, all officers shall be elected for a
term of one year and such election shall be held
in July of each year. The treasurer shall hold
office for the term for which he is elected as afore-
said and until his successor is elected and quali-
fied, and shall give bond to be approved by the
governing bodies of the city and county commis-
sions, for the safekeeping and due disbursements
of all funds that may come into his hands. (Res.
No. 1576, ~ 3, 6-28-55)
Sec. 17-19. Budget and expenditures.
(a) The joint city-county board of health shall
prepare a proposed annual budget estimating the
amount of funds necessary to carry on public health
activities, which budget shall be submitted to the
boards of commissioners of the county and city,
not later than thirty (30) days before the proposed
adoption by each of such boards.
(b) When the proposed budget is approved by
each of the aforesaid governing bodies, the funds
necessary to meet the necessary expenditures shall
be provided by the aforesaid governing bodies, in
such proportion as shall be fixed by agreement,
after taking into consideration the population of
each, and other factors which would necessarily
increase or diminish the costs of administration
in the absence of any agreement to establish such
joint board of health. (Res. No. 1576, ~ 4, 6-28-55)
1062
e
e
e
-
e
HEALTH AND SANITATION
~ 17-20
Sec. 17-20. Termination.
The joint city-county board of health shall ter-
minate and cease activity whenever either gov-
erning body adopts a resolution declaring its in-
tention to withdraw from the agreement, and the
joint board of health shall give written notice
thereof to the other governing body on or before
July fifteenth of any fiscal year, and such with-
drawal and dissolution shall become effective at
the end of such fiscal year. Any money remaining
in the hands of the treasurer of the joint board of
health upon its dissolution shall be repaid to the
respective treasurers of the governing bodies of
the civil governments from which the joint board
had its origin, in the same proportion in which
the said governing bodies contributed during the
last fiscal year. All other unexpended financial
contributions shall be returned to their respec-
tive donors. (Res. No. 1576, ~ 5,6-28-55)
[The next page is 1113]
1063
e
e
e
-
e
HOUSING*
Chapter 18
Art. I. In General, H 18-1-18-20
Art. II. Administration and Enforcement, H 18-21-18-60
Div. 1. Generally, ** 18-21-18-40
Div. 2. Appeals, ** 18.41-18-60
Art. III. Use and Occupancy Regulations, H 18-61-18-80
ARTICLE I. IN GENERAL
Sec. 18-1. Short title.
This chapter shall be known as the "Minimum
Housing Code." (Code 1966, ~ 16-1)
Sec. 18-2. Compliance required.
Buildings used in whole or in part as a home or
residence of a single family or person and every
building used in whole or in part as a home or
residence of two (2) or more persons or families
living in separate apartments shall conform to
the requirements of this chapter. (Code 1966, ~
16-2)
Sec. 18-3. Policy and purpose declared.
The board of commissioners declares the pur-
pose of this chapter is to protect, preserve and
promote the physical and mental health of the
people, investigate and control communicable dis-
eases, regulate privately and publicly owned dwell-
ings for the purpose of sanitation and public health,
and protect the safety of the people and promote
the general welfare by legislation which shall be
applicable to all dwellings now in existence or
hereafter constructed and which legislation:
(1) Establishes minimum standards for basic
equipment and facilities for light, ventilation
and heating, for safety from fire for the use
and location and amount of space for human
occupancy, and for safe and sanitary main-
tenance;
(2) Determines the responsibilities of owners, op-
erators and occupants of dwellings; and
(3) Provides for the administration and enforce-
ment thereof. (Code 1966, ~ 16-3)
Sec. 18-4. Definitions.
The following definitions shall apply to the en-
forcement of this chapter:
(1) Basement shall mean a portion of a build-
ing located partly underground, but hav-
ing less than half of its clear floor-to-ceiling
height below the average grade of the ad-
joining ground.
(2) Building official shall be that person ap-
pointed by the city manager, together with
the city health officer and such assistant
officers as the city manager shall designate.
(3) Cellar shall mean a portion of a building
located partly or wholly underground, and
having half or more than half of its clear
floor-to-ceiling height below the average grade
of the adjoining ground.
(4) Dwelling shall mean any building which is
wholly or partly used or intended to be
used for living or sleeping by human occu-
pants; provided that temporary housing as
hereinafter defined shall not be regarded
as a dwelling.
(5) Dwelling unit shall mean any room or group
of rooms located within a dwelling and form-
ing a single habitable unit with facilities
*Cross references-Buildings and structural appurtenances, Ch. 8; mobile homes and trailers, Ch. 22; public utilities, Ch. 31;
solid waste, Ch. 34; subdivision regulations, Ch. 36; water and sewers, Ch. 41; zoning regulations, Ch. 42.
State law reference-Housing law, K.S.A. 17-2336 et seq.
1113
~ 11i-4
SALINA CODE
which are used, or intended to be used, for were actually the record owner or owners
living, sleeping, cooking and eating. of such property.
(6) Garbage shall mean any accumulation of (14) Plumbing shall mean and include all ofthe
animal, fruit or vegetable waste matter that following supplied facilities and equipment:
attends the preparation, use, cooking, de- Gas or fuel pipes, gas or fuel burning equip-
livering, or storage of meats, fish, fowl, fruits ment, water pipes, garbage disposal units,
or vegetables. waste pipes, water closets, sinks, installed
(7) Habitable dwelling shall mean any struc- dishwashers, lavatories, bathtubs, shower
ture or part thereof that shall be used as a baths, installed clothes washing machines,
home or place of abode by one or more catch basins, drains, vents and any other
similar supplied fixtures, together with all
persons. connections to water, sewer, gas or fuel lines.
(8) Habitable room shall mean a room designed (15) Refuse shall include garbage and trash.
to be used for living, sleeping, eating or
cooking purposes, excluding bathrooms, toi- (16) Rooming house shall mean any dwelling,
let rooms, closets, halls and storage places, or that part of any dwelling containing one
or other similar places, not used by persons or more rooming units, in which space is
for extended periods. let by the owner or operator to three (3) or
(9) Infestation shall mean the presence, within more persons who are not husband or wife,
or around a dwelling, of insects, rodents or son or daughter, mother or father, or sister
other pests. or brother of the owner or operator.
(10) Multiple dwelling shall mean any dwelling (17) Rooming unit shall mean any room or group
containing more than two (2) dwelling units. of rooms forming a single habitable unit
used or intended to be used for living and
(11) Occupant shall mean any person, over one sleeping; but not for cooking or eating
year of age, living, sleeping, cooking, or purposes.
eating in, or having actual possession of, a (18) Supplied shall mean paid for, furnished, or
dwelling unit or rooming unit. provided by, or under the control of, the
(12) Operator shall mean any person who has owner or operator.
charge, care, or control of a building, or (19) Temporary housing shall mean any tent,
part thereof, in which dwelling units or trailer, or other structure used for human
rooming units are let. shelter which is designed to be transport-
(13) Owner shall mean any person who, jointly able and which is not attached to the ground,
or severally along with others, shall be in to another structure, or to any utilities sys-
actual possession of, or have charge, care tem on the same premises for more than
and control of any dwelling unit within the thirty (30) consecutive days, or one which
city as owner, employee, or agent of the is located in a mobile homes court duly
owner, or as trustee or guardian of the es- licensed by the city.
tate or person of the title holder, and such (20) Trash, combustible shall mean waste con-
person shall be deemed and taken to be the sisting of papers, cartons, boxes, barrels,
owner or owners of such property within wood and excelsior, tree branches, yard trim-
the true intent and meaning of this chap- mings, wood furniture, bedding and leaves.
ter and shall be bound to comply with the
provisions to the same extent as the record (21) Trash, noncombustible shall mean waste
owner and notice to any such person shall consisting of metals, tin cans, glass, crock-
be deemed and taken to be a good and suf- ery, other mineral refuse and ashes and
ficient notice as if such person or persons street rubbish and sweepings.
1114
e
e
e
e
e
(22) Meaning of certain words. Whenever the
words "dwelling," "dwelling unit," "room-
ing house," "rooming unit," "premises,"
are used in this chapter, they shall be con-
strued as though they were followed by the
words "or any part thereof." (Code 1966, ~
16-4)
Cross reference-Definitions and rules of construction gen-
erally, * 1-2.
Sec. 18-5. Violations; nuisance declared.
Any violation of the provisions of this chapter
shall be deemed a nuisance and detrimental to
the health, safety and welfare of the inhabitants
of this city. It shall be a misdemeanor for any
owner or occupant to maintain such a nuisance.
(Code 1966, ~ 16-5)
Cross reference-Nuisances generally, Ch. 24.
Sec. 18-6. Responsibilities of owners, occu-
pants generally.
Every dwelling, including all yards, lawns and
courts shall be kept clean and free from any ac-
cumulation of filth, rubbish, garbage or any sim-
ilar matter. It shall be the duty of each occupant
of a dwelling unit to keep in clean condition the
portion of the property which he occupies and of
which he has exclusive control, to comply with
the rules and regulations and to place all garbage
and refuse in proper containers. If receptacles are
not provided by the owner, then the occupant
shall provide such receptacles as may be neces-
sary to contain all garbage and trash. Every oc-
cupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of
any insects, rodents or other pests therein or on
the premises; and every occupant of a dwelling
unit in a dwelling containing more than one dwell-
ing unit shall be responsible for such extermina-
tion whenever his dwelling unit is the unit pri-
marily infested. Notwithstanding the foregoing
provisions of this section, whenever infestation is
caused by failure of the owner to maintain a dwell-
ing in a ratproof or reasonably insect-proof condi-
tion, extermination shall be the responsibility of
the owner and operator. Whenever infestation ex-
ists in two (2) or more of the dwelling units in any
dwelling, or in the shared or public parts of any
dwelling containing two (2) or more dwelling units,
HOUSING
~ 18-23
extermination thereof shall be the responsibility
of the owner. (Code 1966, ~ 16-7)
Sec. 18-7. Maintenance and repair.
Every dwelling and every part thereof shall be
maintained in good repair by the owner or agent
and shall be fit for human habitation. The roof
shall be maintained so as not to leak and all
rainwater shall be drained therefrom so as not to
cause dampness in the walls or ceilings. All floors,
stairways, doors, porches, windows, skylights, chim-
neys, toilets, sinks, walls and ceilings shall be
kept in good repair and good usable condition.
(Code 1966, ~ 16-8)
Sees. 18-8-18-20. Reserved.
ARTICLE II. ADMINISTRATION
AND ENFORCEMENT*
DIVISION 1. GENERALLY
Sec. 18-21. Responsibility for enforcement.
The building official is hereby authorized and
directed to enforce all of the provisions of this
chapter. The city manager may also appoint such
number of inspectors as may be necessary from
time to time, or he may deputize such employees
as may be necessary, to carry out the functions
required for the enforcement of this chapter. (Code
1966, ~ 16-19)
Sec. 18-22. Reserved.
Sec. 18-23. Inspection authorized.
(a) Generally. For the purpose of determining
compliance with the provisions of this chapter,
the building official or his authorized representa-
tive, is hereby authorized and directed to make
inspections to determine the condition, use and
occupancy of dwellings, dwelling units, rooming
units, and the premises upon which the same are
located. For the purpose of making such inspec-
tions, the building official or his authorized rep-
resentative, is hereby authorized to enter, exam-
.Cross reference-Administration, Ch. 2.
1115
~ 1K-23
SALINA CODE
ine and survey all dwellings, dwelling units, room-
ing units and premises upon which the same are
located, at all reasonable times.
(b) Notification and right of entry. The owner,
operator and occupant of every dwelling, dwell-
ing unit, and rooming unit shall give the building
official, or his authorized representative, free ac-
cess to such dwelling, dwelling unit, or rooming
unit, and its premises, for the purpose of such
inspection, examination and survey. If the owner,
operator or occupant refuses to admit the build-
ing official, the building official may apply for the
right to enter and inspect, by application to the
district court of the county.
(c) Occupant to give owner access for repairs or
alterations. Every occupant shall give to the owner
thereof, or his agent or employees, access to any
part of such dwelling, or its premises, at all rea-
sonable times for the purpose of making such
repairs or alterations as are necessary to effect
compliance with the provisions of the chapter, or
with any rule or regulations adopted and prom-
ulgated, or any order issued pursuant to the pro-
visions of this chapter. (Code 1966, ~ 16-21)
Sec. 18-24. Notice of violations required.
Except in those instances in which section 18-26
is applicable, whenever the building official or
his authorized representative determines that there
has been a violation of any provisions of this chap-
ter or any rule or regulation adopted pursuant
hereto, he shall give notice of such alleged viola-
tion to the person or persons who are or may be
responsible therefor, as enumerated in section
18-25(4). (Code 1966, ~ 16-22)
Sec. 18-25. Contents of notice; service.
This notice of violation shall:
(1) Be in writing;
(2) Particularize the violations alleged to exist
or to have been committed;
(3) Provide a reasonable time, but not less than
thirty (30) days in any event, for the correc-
tion of the violations particularized;
(4) Be addressed to and served upon the owner of
the property, the operator of the dwelling,
and the occupant of the dwelling unit or the
rooming unit concerned, if the occupant is or
may be responsible for violation. Service shall
be by personal service or by registered or
certified mail, return receipt requested, de-
livered to addressee only. If service is made
by registered or certified mail, the building
official or his authorized representative shall
include in the record a verified statement
giving details regarding the mailing. If one
or more persons to whom the notice is ad-
dressed cannot be found or served after dili-
gent effort to do so, service may be made
upon such person by posting a notice in a
conspicuous place in or about the dwelling
affected by the notice, in which event the
building official or his authorized represen-
tative shall include in the record a statement
as to why such posting was necessary. (Code
1966, ~ 16-23)
Sec. 18-26. Designation, condemnation of unfit
dwellings.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure
for the condemnation and placarding of such unfit
dwellings or dwelling units shall be carried out in
compliance with the following requirements:
(1) Standards. The building official may deter-
mine that any dwelling unit is unfit for human
use or habitation if he finds that conditions
exist in such structure which are dangerous
or injurious to the health, safety or morals of
the occupants of such buildings, or other res-
idents ofthe city, or which shall have a blight-
ing influence on properties in the area. Such
conditions may include the following without
limitations: Defects therein increasing the haz-
ards of fire, accident, or other calamities; lack
of adequate ventilation; air pollution; light
or uncleanliness, sanitary facilities; dilapida-
tion; disrepair, structural defects; overcrowd-
ing; inadequate ingress and egress; dead and
dying trees, limbs or other unsightly natural
growth; unsightly appearances that constitute
a blight to the adjoining property, the neigh-
borhood or the city; walls, siding or exteriors
of a quality and appearance not commensu-
rate with the character of the properties in
1116
e
e
e
e
e
the neighborhood; unsightly stored or parked
material, equipment, supplies, machinery,
trucks, or automobiles or parts thereof; ver-
min infestation; inadequate drainage; or any
violation of the health, fire, building or zon-
ing regulations, or other law or regulations
relating to the use of land and the use and
occupancy of the buildings and improvements.
(2) Placarding, order to vacate. Any dwelling or
dwelling unit condemned as unfit for human
habitation and so designated and placarded
by the building official shall be vacated within
thirty (30) days.
(3) Compliance required before reoccupancy. No
dwelling or dwelling unit which has been con-
demned and placarded as unfit for human
habitation shall again be used for human hab-
itation until written approval is secured from
and such placard is removed by, the building
official. The building official shall remove such
placard whenever the defect or defects upon
which the condemnation and placarding ac-
tion were based have been eliminated. It shall
be unlawful for anyone to let, lease, occupy
or permit the occupancy, whether for a con-
sideration or not, of any dwelling so posted
and any violation of this provision shall con-
stitute a misdemeanor within the meaning of
this chapter. It shall be unlawful for any per-
son to deface or remove the placard from any
dwelling or dwelling unit which has been con-
demned as unfit for human habitation and
placarded as such, except the building offi-
cial as herein provided, and any violation of
this provision shall constitute a misdemea-
nor within the meaning ofthis chapter. (Code
1966, ~ 16-24)
Sec. 18-27. Order to repair, remove or demo-
lish.
At the time of the placarding and order to va-
cate specified by section 18-26(2), the building
official shall determine the cost of repairs, alter-
ations, or improvements and shall notify the owner
of his determination. The building official shall
also issue and cause to be served upon the owner
in the manner specified for serving notice in sec-
tion 18-25(4) hereof, a further order which:
HOUSING
~ 18-28
(1) If the repair, alteration or improvement of
the structure can be made at a cost which is
less than three hundred (300) percent of the
then current assessed taxable value of the
structure, requires the owner, within the time
specified in the order, to repair, alter, or im-
prove such structure so as to render it fit for
human use or habitation and commanding
the owner to leave such structure vacant until
compliance with such order; or
(2) If the repairs, alterations or improvements of
the structure cannot be made at a cost which
is less than three hundred (300) percent of
the then current assessed taxable value of
the structure, requires the owner within the
time specified in the order to remove or de-
molish such structure. (Code 1966, ~ 16-25)
Sec. 18-28. Procedure for repairs or demo-
lition.
(a) Whenever a petition is filed with the build-
ing official or his designated agent, by at least
five (5) residents of the city charging that any
structure is unfit for human use or habitation, or
whenever it appears to the building official, or
his designated agent, on his own motion, that any
structure is unfit for human use or habitation, he
shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served
upon the owner, every mortgagee of record and
all parties in interest in such structure (including
persons in possession) a complaint stating the
charges in that respect. Such complaint shall con-
tain a notice that a hearing will be held before
the building official or his designated agent at a
place therein fixed not less than ten (10) days nor
more than thirty (30) days after the serving of the
complaint. The owner, mortgagee and parties in
interest shall have the right to file and answer to
the complaint and to appear in person, or other-
wise, and give testimony at the place and time
fixed in the complaint; and that the rules of evi-
dence prevailing in courts of law or equity shall
not be controlling in hearings before the building
official.
(b) If, after such notice and hearing the build-
ing official determines that the structure under
consideration is unfit for human use or habita-
1117
~ 18-28
SALINA CODE
tion he shall state in writing his findings of facts
in support of such determination and shall issue
and cause to be served upon the owner thereof an
order which:
(1) If the repair, alteration or improvements of
the structure can be made at a reasonable
cost in relation to the value of the structure,
which shall not exceed three hundred (300)
percent of the then current assessed taxable
value of the structure, the owner of the prop-
erty shall within the time specified in the
order, repair, alter or improve such structure
to render it fit for human use or habitation or
shall vacate and close the structure until con-
formance with this chapter is made; or,
(2) If the repair, alteration or improvement of
the structure cannot be made at a reasonable
cost in relation to the value of the structure,
that is to say, less than three hundred (300)
percent of the then current assessed taxable
value of the structure, which is hereby fixed
as a reasonable cost by the board of commis-
sioners, the owner shall within the time spec-
ified in the order remove or demolish such
structure.
(c) If the owner fails to comply with an order to
repair, alter or improve or to vacate and close the
structure within one hundred twenty (120) days
from the date of issuance of such order, the build-
ing official may cause such structure to be re-
paired, altered or improved, or to be vacated and
closed.
(d) If the owner fails to comply with an order to
remove or demolish the structure within one hun-
dred twenty (120) days from the date of issuance
of such order, the building official may cause such
structure to be removed or demolished.
(e) The amount of the cost of such repairs, al-
terations or improvements, or vacating and clos-
ing or removal or demolition by the building offi-
cial shall be a lien against the real property upon
which such cost was incurred and such lien, in-
cluding as part thereof allowance of his costs and
the necessary attorney's fees, may be foreclosed
in judicial proceedings, in the manner provided or
authorized by law for loans secured by liens on
real property or shall be assessed as a special
assessment against the lot or parcel of land on
which the structure was located and the city clerk
shall at the time of certifying other city taxes,
certify the unpaid portion of the aforesaid costs
and the county clerk shall extend the same on the
tax rolls of the county against the lot or parcel of
land. If the structure is removed or demolished by
the building official he shall sell the materials of
such structure and shall credit the proceeds of
such sale against the cost of the removal or demo-
lition and if there be any balance remaining it
shall be paid to the parties entitled thereto as
determined by proper judicial proceedings insti-
tuted by the building official after deducting the
costs of such judicial proceedings including his
necessary attorney's fees incurred therein, as de-
termined by the court. (Code 1966, ~ 16-26)
Sec. 18-29. Conditions making structures unfit
for human use or habitation.
The building official may determine that a struc-
ture is unfit for human use or habitation if he
finds that conditions exist in such structure which
are dangerous or injurious to the health, safety or
morals of the occupants of such buildings or other
residents of the city or which have a blighting
influence on properties in the area. Such condi-
tions may include the following without limita-
tions: Defects therein increasing the hazards of
fire, accident or other calamities; lack of adequate
ventilation, air pollution; light or sanitary facili-
ties; dilapidation; disrepair, structural defects, un-
cleanliness; overcrowding; inadequate ingress and
egress; dead and dying trees; limbs or other un-
sightly natural growth; unsightly appearances that
constitute a blight to adjoining property, the neigh-
borhood or the city; walls, siding or exteriors of a
quality and appearance not commensurate with
the character of the properties in the neighbor-
hood; unsightly stored or parked material, equip-
ment, supplies, machinery, trucks or automobiles
or parts thereof; vermin infestation; inadequate
drainage; or any violation of health, fire, building
or zoning regulations, or any other laws or regu-
lations relating to the use of land and the use and
occupancy of buildings and improvements. (Code
1966, ~ 16-27)
1118
e
e
e
e
e
Sec. 18-30. Service of complaint or order.
Complaints or orders issued by the building
official pursuant to this section shall be served
upon persons either personally or by registered or
certified mail, but if the whereabouts of such per-
sons is unknown and the same cannot be ascer-
tained by the building official in the exercise of
reasonable diligence, and the building official shall
make an affidavit to that effect, then the serving
of such complaint or order upon such person may
be made by publishing the same once each week
for two (2) consecutive weeks in the official news-
paper of the city. A copy of such complaint or
order shall be posted in a conspicuous place on
the premises affected by the complaint or order.
A copy of such complaint or order shall also be
filed with the clerk of the district court of the
county and such filing of the complaint or order
shall have the force and effect as other lis pen-
dens notices provided by law. (Code 1966, ~ 16-28)
Sec. 18-31. Emergency abatement.
(a) Whenever, in the judgment of the building
official an emergency exists which requires im-
mediate action to protect the public health, safety
or welfare, an order may be issued, without no-
tice, conference, or hearing, directing the owner,
occupant, operator, or agent to take such action
as is appropriate to correct or abate the emergen-
cy. If circumstances warrant, the building official
may act to correct or abate the emergency.
(b) The owner, occupant, operator or agent shall
be granted a conference on the matter upon his
request, as soon as practicable but such confer-
ence shall in no case stay the abatement or cor-
rection of such emergency. (Code 1966, ~ 16-29)
Sees. 18-32-18-40. Reserved.
DIVISION 2. APPEALS
Sec. 18-41. Housing advisory and appeals
board.
(a) In order to provide for final interpretation
of the provisions of this chapter and to hear ap-
peals provided for hereunder, there is hereby es-
tablished a housing advisory and appeals board,
consisting of five (5) members none of whom shall
HOUSING
~ 18-42
be employees of the City. The board shall be ap-
pointed by the mayor with the approval of the
board of commissioners. The board may adopt rea-
sonable rules and regulations for conducting its
business and shall render all decisions and find-
ings in writing to the appellant with a copy to the
building official. Appeals to the board shall be
processed in accordance with the provisions con-
tained in section 18-42 et seq. Copies of all rules
or regulations adopted by the board shall be de-
livered to the building official who shall make
them freely accessible to the public.
(b) The board shall have the power to hear and
decide appeals where it is alleged that there is
error in any order, requirement, decision or de-
termination made by the building official in the
enforcement of this chapter. The board may also
when it deems the same appropriate, grant vari-
ances, waivers or exceptions to any portion, stan-
dard or requirement of this chapter providing that
such variance, waiver or exception is not contrary
to the purpose of this chapter as stated in section
18-3. (Code 1966, ~ 16-30)
Cross references-Administration, Ch. 2; boards and com-
missions generally, * 2-136 et seq.
Sec. 18-42. Procedure.
(a) Right of appeal. Any person, officer of the
city or of any governmental agency or body ag-
grieved by any decision, notice or order of the
officer administering the provisions of this chap-
ter may appeal such decision to the housing advi-
sory and appeals board of the city.
(b) Form of appeal. Any person entitled to ap-
peal the decision, notice or order of the building
official may appeal the same by filing at the office
of the building official within ten (10) days from
the date of the service of such decision, notice or
order upon them, a written appeal containing the
following:
(1) A heading in the words: "Before the Housing
Advisory and Appeals Board of the City of
Salina, Kansas;"
(2) A caption reading: "Appeal of ,"
giving the names of all appellants partici-
pating in the appeal;
(3) A brief statement setting forth the legal in-
terest of each of the appellants in the build-
1119
~ 18-42
SALINA CODE
ing or the land involved in the notice and
order;
(4) A brief statement in ordinary and concise
language of that specific order or action pro-
tested, together with any material facts claimed
to support the contentions of the appellant;
(5) A brief statement in ordinary and concise
language of the relief sought and the reasons
why it is claimed the protested order or ac-
tion should be reversed, modified, or other-
wise set aside;
(6) The signature of all the parties named as
appellants, and their official mailing addresses;
(7) The verification of the appellants as to the
truth of the matters stated in the appeal.
(c) Scheduling and noticing appeal for hearing.
Within ten (10) days after receiving the written
appeal the housing advisory and appeals board
shall fix a date, time and place for the hearing of
the appeal by the board. Such date shall be not
less than ten (10) days nor more than sixty (60)
days from the date the appeal was filed with the
building official. Written notice of the time and
place of the hearing shall be given at least ten
(10) days prior to the date of the hearing to each
appellant by the secretary of the board either by
causing a copy of such notice to be delivered to
the appellant personally or sent to him by certi-
fied mail, postage prepaid, return receipt request-
ed, at his address shown on the appeal. (Code
1966, ~ 16-31)
Sec. 18-43. Effect of failure to appeal.
Failure of any person to file an appeal in accor-
dance with the provisions of section 18-42 shall
constitute a waiver of his right to an administra-
tive hearing and adjudication of the notice and
order, or to any portion thereof. (Code 1966, ~
16-33)
Sec. 18-44. Scope of hearing.
Only those matters or issues specifically raised
by the appellant shall be considered in the hear-
ing of the appeal. (Code 1966, ~ 16-34)
Sec. 18-45. Stay order.
Enforcement of any notice and order of the build-
ing official issued under this chapter shall be stayed
during the pendency of an appeal therefrom which
is properly and timely filed. (Code 1966, ~ 16-35)
Sec. 18-46. Procedure for conduct of hearing
appeals.
(a) General:
(1) Record. A record of the entire proceedings
shall be made by tape recording or by any
other means of permanent recording deter-
mined to be appropriate by the board.
(2) Reporting. The proceedings at the hearing
shall be reported by a stenographic reporter
if requested by any party thereto. A transcript
shall be made available to all parties upon
request and upon payment of a fee equal to
the cost involved in making the transcript.
(3) Continuances. The board may grant continu-
ances for good cause shown.
(4) Oaths, certification. In any proceedings under
this chapter, the board has the power to ad-
minister oaths and affirmations and to cer-
tify to official acts.
(5) Reasonable dispatch. The board shall proceed
with reasonable dispatch to conclude any mat-
ter before it. Due regard shall be shown for
the convenience and necessity of any parties
or their representatives.
(b) Form of notice of hearing. The notice to ap-
pellant shall be substantially in the following form,
but may include other information:
"Y ou are hereby notified that a hearing will
be held before the Housing Advisory and Ap-
peals Board at the City Commission Room, City-
County Building, 300 West Ash Street, Salina,
Kansas, on the _ day of , 19_,
at _ o'clock ~., upon the notice and
order served upon you. You may be present at
the hearing. You may be, but need not be, rep-
resented by counsel. You may present any rel-
evant evidence and will be given full opportu-
nity to cross-examine all witnesses testifying
1120
e
e
e
-
e
against you. You may request the issuance of
subpoenas to compel the attendance of witnesses
and the production of books, documents, or other
things by filing an affidavit therefor with the
board. "
(c) Subpoenas:
(1) Filing of affidavit. The board may obtain is-
suance and service of a subpoena for the at-
tendance of witnesses or the production of
other evidence at a hearing upon the request
of a member of the board or upon written
demand of any party. The issuance and ser-
vice of such subpoena shall be obtained upon
the filing of an affidavit therefor which states
the names and addresses of the proposed wit-
nesses; specifies the exact things sought to be
produced and the materiality thereof in de-
tail to the issues involved; and states that
the witness has the desired things in his pos-
session or under his control. A subpoena need
not be issued when affidavit is defective in
any particular.
(2) Penalties. Any person who refuses, without
lawful excuse, to attend any hearing, or to
produce material evidence in his possession
or under his control as required by any sub-
poena served upon such person as provided
for herein, shall be guilty of a misdemeanor.
(d) Conduct of hearing:
(1) Rules. Hearing need not be conducted accord-
ing to the technical rules relating to evidence
and witnesses.
(2) Oral evidence. Oral evidence shall be taken
only on oath or affirmation.
(3) Hearing evidence. Hearsay evidence may be
used only if it would be admissible over ob-
jection in civil actions in courts of competent
jurisdiction in this state.
(4) Admissibility of evidence. Any relevant evi-
dence shall be admitted if it is the type of
evidence on which responsible persons are
accustomed to rely in the conduct of serious
affairs, regardless of the existence of any stat-
utory rule or common law which might make
improper the admission of such evidence over
HOUSING
~ 18-46
objection in civil actions in courts of compe-
tent jurisdiction in this state.
(5) Exclusion of evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
(6) Rights of parties. Each party shall have these
rights, among others:
a. To call and examine witnesses on any
matter relevant to the issues of the hearing;
b. To introduce documentary and physical
evidence;
c. To cross examine opposing witnesses on
any matter relevant to the issues of the
hearing;
d. To impeach any witness regardless of which
party first called him to testify;
e. To rebut evidence against him;
f. To represent himself or to be represented
by counsel.
(7) Official notice:
a. What may be noticed. In reaching a de-
cision, official notice may be taken, either
before or after submission of the case for
decision of any fact which may be ju-
dicially noticed by the courts of this state
or of official records of the board or de-
partments and ordinances of the city or
rules and regulations of the board.
b. Parties to be notified. Parties present at
the hearing shall be informed of the mat-
ters noticed, and these matters shall be
noted in the record referred to therein, or
appended thereto.
c. Opportunity to refute. Parties present at
the hearing shall be given a reasonable
opportunity, on request, to refute the of-
ficially noticed matters by evidence or by
written or oral presentation of authority,
the manner of refutation to be determined
by the board.
d. Inspection of premises. The board may
inspect any building or premises involved
in the appeal during the course of the
hearing, provided that:
1121
~ 1-;.46
SALINA CODE
1. Notice of such inspection shall be given
to the parties before the inspection
is made;
2. The parties are given an opportunity
to be present during the inspection;
and
3. The board shall state for the record
upon completion of the inspection the
material facts observed and the con-
clusion drawn therefrom.
Each party then shall have a right to
rebut or explain the matters so stated by
the board, the manner of rebuttal or ex-
planation to be determined by the board.
(e) Method and form of decision:
(1) Hearing before board No member of the board
who did not hear the evidence or has not read
the entire record of the proceedings shall note
or take part in the decision upon a contested
case heard by the board.
(2) Form of decision. The decision of the board
shall be in writing and shall contain findings
of facts, a determination of the issues pre.
sented, and the requirements to be complied
with by the parties. A copy of the decision
shall be delivered to appellant personally, or
sent to him by certified mail, postage pre.
paid, return receipt requested.
(3) Effective date of decision. The effective date
of the decision shall be the date stated there.
in. (Code 1966, ~ 16-36)
Sec. 18-47. Appeals from decision of board.
Any person, officer of the city or of any gov-
ernmental agency or body aggrieved by the deci-
sion of the housing advisory and appeals board
may appeal such decision by filing an action in
the district court of the county to determine the
reasonableness of any such decision. Such action
must be filed within thirty (30) days from the
effective date of the decision of the board. (Code
1966, ~ 16.37)
Sees. 18-48-18-60. Reserved.
ARTICLE III. USE AND
OCCUPANCY REGULATIONS
\'
Sec. 18-61. Scope, applicability.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwell.
ing unit, for the purpose of living, sleeping, cook-
ing or eating therein, which does not comply with
the following requirements. The following require.
ments are hereby declared essential to the health
and safety of the occupants of such dwelling or
dwelling unit. (Code 1966, ~ 16.54)
Sec. 18-62. Basement or cellar.
The basement or cellar of any dwelling shall be
reasonably dry and ventilated and shall be kept
free from rubbish accumulation. (Code 1966, ~
16.55)
Sec. 18-63. Heating.
Every dwelling and every dwelling unit shall
be so constructed, insulated and maintained and
be provided by the owner or occupant with heat-
ing units so that it is capable of reaching an air
temperature of seventy (70) degrees Fahrenheit
under ordinary winter conditions. The chimney of
the dwelling or dwelling unit shall be maintained
in good order, and the owner of the approved
heating equipment shall maintain it in good order
and repair. (Code 1966, ~ 16-56)
Sec. 18-64. Natural light and ventilation.
(a) Natural or artificial light and ventilation.
All guest rooms, dormitories and habitable rooms
within a dwelling unit shall be provided with
natural light by means of windows or skylights
with an area of not less than one.tenth of the floor
area of such rooms with a minimum oftwelve (12)
square feet.
All bathrooms, water closet compartments, laun-
dry rooms, and similar rooms shall be provided
with natural ventilation by means of windows or
skylights with an area of not less than one-tenth
of the floor area of such rooms with a minimum of
three (3) square feet. Not less than one.half of the
1122
e
e
e
e
e
required window or skylight area shall be open-
able to provide natural ventilation.
(b) Origin of light and ventilation. Required win-
dows shall open directly onto a street or public
alley or court located on the same lot as the build-
ing. Exception: Required windows may open into
a roofed porch where the porch:
(1) Abuts a street, yard, or court; and
(2) Has a ceiling height of not less than seven (7)
feet; and
(3) Has the longer side at least sixty-five (65)
percent open and unobstructed.
A required window in a service room may open
into a vent shaft which is open and unobstructed
to the sky and not less than four (4) feet in least
dimension. No vent shall extend through more
than two (2) stories.
For the purpose of determining light and ventila-
tion requirements, any room may be considered
as a portion of an adjoining room when one-half of
the area of the common wall is open and unob-
structed and provides an opening of not less than
one-tenth of the floor area of the interior room or
twenty-five (25) square feet, whichever is greater.
(c) Mechanical ventilation. In lieu of openable
windows for natural ventilation, a mechanical ven-
tilation system may be provided. Such system
shall be capable of providing two (2) air changes
per hour in all guest rooms, dormitories, habit-
able rooms, and in public corridors. One-fifth of
the air supply shall be taken from the outside. In
bathrooms, water closet compartments, laundry
rooms, and similar rooms a mechanical ventila-
tion system connected directly to the outside, ca-
pable of providing five (5) air changes per hour,
shall be provided.
(d) Vent shaft. A required window in a service
room may open into a vent shaft which is open
and unobstructed to the sky and not less than
four (4) feet in least dimension. No vent shaft
shall extend through more than two (2) stories.
(e) Hallways. All public hallways, stairs and
other exitways shall be adequately lighted at all
times in accordance with the Uniform Building
Code.
HOUSING
~ 18-68
CD Sleeping areas. All rooms or areas used for
sleeping purposes shall be provided with a sec-
ondary means of exit. This may be provided by an
additional door or window leading to the exterior
of the building. (Code 1966, ~ 16-57)
Sec. 18-65. Windows and doors.
Every window and exterior door shall be rea-
sonably weathertight, watertight and rodent-proof
and shall be kept in good working condition and
repair. (Code 1966, ~ 16-58)
Sec. 18-66. Lighting.
(a) Every habitable room shall have a ceiling
electric outlet and a duplex outlet in the wall or
floor, or at least two (2) wall or floor outlets.
(b) Every laundry room, furnace room, hall, porch
and corridor shall have one ceiling or wall type
electric light fixture.
(c) All electrical wiring and fixtures shall be
properly installed, maintained in safe and good
working order, and shall be connected to the source
of electric power in a safe manner. (Code 1966, ~
16-59)
Sec. 18-67. Basement and cellar dwelling units.
No dwelling unit partially below grade shall be
used for living purposes unless:
(1) Floors and walls are weathertight;
(2) Total window area, total operable area and
ceiling height are in accordance with this
chapter; and
(3) Required minimum window area of every hab-
itable room is entirely above the grade of the
ground adjoining such window area. (Code
1966, ~ 16-60)
Sec. 18-68. Floor area and ceiling heights.
(a) Ceiling heights. Habitable rooms, storage
rooms and laundry rooms shall have a ceiling
height of not less than seven (7) feet, six (6) inch-
es. Hallways, corridors, bathrooms, toilet rooms
and basement and cellar dwelling units shall have
a ceiling height of not less than seven (7) feet
measured to the lowest projection from the ceiling.
1123
~ 11'-68
SALINA CODE
(b) Superficial floor area. Every dwelling unit
shall have at least one room which shall have not
less than one hundred twenty (120) square feet of
superficial floor area. Every room which is used
for both cooking and living or both living and
sleeping purposes shall have not less than one
hundred fifty (150) square feet of superficial floor
area. Every room used for sleeping purposes shall
have not less than seventy (70) square feet for one
person and ninety (90) square feet for two (2) per-
sons. Where more than two (2) persons occupy a
room used for sleeping purposes the required su-
perficial floor area shall be increased at the rate
of fifty (50) square feet for each occupant in excess
of two (2).
Exception: Nothing in this section shall prohibit
the use of an efficiency living unit meeting the
following requirements:
(1) The unit shall have a living room of not less
than two hundred twenty (220) square feet of
superficial floor area. An additional one hun-
dred (100) square feet of superficial floor area
shall be provided for each occupant of such
unit in excess of two (2).
(2) The unit shall be provided with a separate
closet.
(3) The unit shall be provided with a kitchen
sink, cooking appliance and refrigeration fa-
cilities each having a clear working space of
not less than thirty (30) inches in front. Light
and ventilation conforming to this chapter
shall be provided.
(4) The unit shall be provided with a separate
bathroom containing a water closet, lavato-
ry, and bathtub or shower.
(5) Whenever one of the occupants of a sleeping
room is less than seven (7) years old, the
allowed occupancy may be increased by one,
by special permission of the board.
(c) Width. No habitable room shall be less than
seven (7) feet in any dimension and no water
closet space less than thirty (30) inches in width
and shall provide a clear space in front of the
water closet not less than twenty-four (24) inches.
(Code 1966, ~ 16-61)
Sec. 18-69. Bathing facilities.
(a) Bathing facilities shall be provided in room-
ing and boardinghouses in the form of a tub or
shower for each eight (8) occupants. Separate facili-
ties, plainly marked, shall be provided for each
sex.
(b) Every dwelling unit shall contain within a
room which affords privacy to a person in the
room, a bathtub or shower in good working condi-
tion and properly connected to an approved water
and sewer system. (Code 1966, ~~ 16-62, 16-66)
Sec. 18-70. Toilet facilities.
(a) A water closet shall be provided for each six
(6) occupants of a rooming or boardinghouse, and
shall be separated with separate access from bath-
ing facilities if more than four (4) occupants are
served by each. Separate facilities shall be pro-
vided for each sex and shall be plainly marked.
(b) There shall be at least one flush water closet
in good working condition for each dwelling unit,
which flush water closet shall be located within
the dwelling unit and in a room which affords
privacy. (Code 1966, ~S 16-63, 16-67)
Sec. 18-71. Kitchen sink.
In every dwelling unit there shall be at least
one kitchen sink with public water under pres-
sure and connected to the public sewer, or if that
sewer system is not available, to a sewage dis-
posal system approved by the joint city-county
health department. (Code 1966, ~ 16-64)
Sec. 18-72. Water heating facilities.
Every dwelling shall have water heating facili-
ties which are properly installed and maintained
in a safe and good working condition and are
capable of heating water to such a temperature
as to permit an adequate amount of water to be
drawn at every required kitchen sink, lavatory
basin, bathtub or shower at a temperature of not
less than one hundred twenty (120) degrees Fahr-
enheit. (Code 1966, S 16-65)
1124
-
e
e
e
e
e
HOUSING
Sec. 18-73. Lavatory facilities.
Every dwelling unit shall contain within its
walls a lavatory basin in good working condition
and properly connected to an approved water and
sewer system and located in the same room as the
required flush water closet or as near to the room
as practicable. (Code 1966, ~ 16-68)
Sec. 18-74. Maintenance of plumbing.
All plumbing, water closets and other plumb-
ing fixtures in every dwelling or dwelling unit
shall be maintained in good working order. (Code
1966, ~ 16-70)
Cross reference-Plumbing code, ~ 8-176 et seq.
Sec. 18-75. Privies.
All pit privies, privy vaults, "dry hopper" sewer
connected privies and frost-proof closets are hereby
declared to be a public nuisance and shall be
eliminated, except that those on property where
no public water line or public sewerage facilities
are conveniently available to the property may
continue to be used until such time as the public
water line and public sewerage system is extended
to the public property or easement adjacent to the
property of the dwelling. (Code 1966, ~ 16-71)
Sec. 18-76. Lighting of toilets and bathrooms.
Every toilet and every bathroom in every dwell-
ing shall have at least one electric light in either
the ceiling or on the wall. (Code 1966, ~ 16-72)
~ 18-80
Sec. 18-77. Garbage and trash receptacles.
Every dwelling and every dwelling unit shall
be provided with such receptacles as may be nec-
essary to contain all garbage and trash and such
receptacles shall at all times be maintained in
good repair, and shall comply with the standards
set forth in chapter 34. (Code 1966, ~ 16-73)
Sec. 18-78. Means of access.
There shall be, for each dwelling unit, a sepa-
rate access either to a hallway, stairway, or street,
which is safe and in good repair. (Code 1966, ~
16-74)
Sec. 18-79. Drainage.
All courts, yards or other areas on the premises
of any dwelling shall be so graded and drained
that there is no pooling of the water thereon.
Properly constructed wading and swimming pools
and fish ponds are excepted from this section.
(Code 1966, ~ 16-75)
Sec. 18-80. Attached garages and non-
dwelling areas.
All non-dwelling occupants shall be separated
from the dwelling by a solid wall or ceiling with a
fire resistance rating of not less than one hour as
defined in the building code of the city. (Code
1966, ~ 16-76)
[The next page is 1175]
1125
-
e
e
e
--
e
Chapter 19
LIBRARY.
Art.
Art.
I. In General, n 19-1-19-20
II. Library Board, H 19-21-19-38
ARTICLE I. IN GENERAL
Sec. 19-1. Use of library.
The library shall be free to the use of the inhab-
itants of the city, subject always to such reason-
able rules and regulations as the library board
may adopt, and the board may exclude from the
use of the library any and all persons who shall
willfully violate such rules. The library board may
extend the use and privilege of such library to
nonresidents of the city and may make exchanges
of books with any other library upon such terms
and conditions as the board may from time to
time by regulations prescribe. (Code 1966, ~ 19-18)
State law reference-Similar provisions, K.S.A. 12-1227.
Sec. 19-2. Stealing, taking books, property.
It shall be unlawful for any person to steal,
take and carry away from the public library any
book, pamphlet, periodical, paper or other prop-
erty or take from the free public library of the
city any such book, pamphlet, periodical, paper or
other property in any manner except in accor-
dance with the rules made by the board of direc-
tors of the library. (Code 1966, ~ 19-31)
Cross reference-Offenses against property, * 25-56 et seq.
Sec. 19-3. Failing to return books after notice.
It shall be unlawful for any person to take,
borrow or obtain from the free public library of
the city any book, pamphlet, periodical, paper or
other property, and neglect to return the same
within two (2) weeks from the date of the mailing
by the librarian to such person's address of a
notice to return the same, in accordance with the
rules of the library board. (Code 1966, ~ 19-32)
Sec. 19-4. Damaging books or property.
It shall be unlawful for any person to willfully
cut, mutilate, mark, tear, write upon, deface or
otherwise injure or destroy, in whole or in part,
any book, pamphlet, periodical, map, document,
picture or written or engraved or printed paper
belonging to the free public library of the city, or
suffer any such injury to be inflicted while such
property is in his custody, or willfully injure or
deface any of the furniture or property in the
rooms of the library. (Code 1966, ~ 19-33)
Cross reference-Offenses against property, * 25-56 et seq.
Sees. 19-5-19-20. Reserved.
ARTICLE II. LIBRARY BOARD.
Sec. 19-21. Composition.
The library board shall consist of seven (7) ap-
pointed members and the mayor as an ex officio
member. (Code 1966, ~ 19-1)
State law reference-Similar provisions, K.S.A. 12-1222.
Sec. 19-22. Appointment.
The mayor shall, as terms expire or vacancies
occur, appoint, with the approval of the board of
commissioners, members of the library board. (Code
1966, ~ 19-2)
Sec. 19-23. Terms.
Regular terms of members of the library board
shall be for four (4) years, ending April thirtieth.
(Code 1966, ~ 19-3)
State law reference-Similar provisions, K.S.A. 12-1222.
*Cross references-Administration, Ch. 2; boards and com-
missions generally, * 2-136 et seq.
State law reference-Authority for library board, K.S.A.
12-1222 et seq.
*Cross reference-Streets, sidewalks and other public places, Ch. 35.
State law reference-Libraries in general, K.S.A. Ch. 12, Art. 12.
1175
~ 19-24
SALINA CODE
Sec. 19-24. Powers of mayor as ex officio
member of board.
The mayor, as an ex officio member of the li-
brary board, shall have the same powers as ap-
point~d members. (Code 1966, ~ 19-4)
State law reference-Similar provisions, K.S.A. 12-1222.
Sec. 19-25. Board members not to hold other
city offices.
No person holding any office in the city shall be
appointed a member of the library board while
holding such office. (Code 1966, ~ 19-5)
State law reference-Similar provisions, KS.A. 12-1222.
Sec. 19-26. Residence.
All members appointed to the library board shall
be residents of the city. (Code 1966, ~ 19-6)
State law reference-Similar provisions, KS.A. 12-1222.
Sec. 19-27. Filling vacancies.
Vacancies on the library board occasioned by
removal from the city, resignation or otherwise,
shall be filled by appointment for the unexpired
term. (Code 1966, ~ 19-7)
State law reference-Similar provisions, K.S.A. 12-1222.
Sec. 19-28. Number of terms on board
limited.
No person who has been appointed for two (2)
consecutive four (4) year terms on the library board
shall be eligible for further appointment to such
board until two (2) years after the expiration of
the second term. (Code 1966, ~ 19-8)
State law reference-Similar provisions, KS.A. 12-1222.
Sec. 19-29. Compensation.
Members of the library board shall receive no
compensation for their services as such but shall
be allowed their actual and necessary expenses in
attending meetings and in carrying out their du-
ties as members. (Code 1966, ~ 19-9)
State law reference-Similar provisions, KS.A. 12-1222.
Sec. 19-30. Corporate status, title, powers.
The library board shall constitute a body corpo-
rate and politic, processing the usual powers of a
corporation for public purposes, under the name
and style of "The Board of Directors of Salina
Library" and under such name may contract, sue
and be sued and acquire, hold and convey real
and personal property in accordance with law.
(Code 1966, ~ 19-10)
State law reference-Similar provisions, KS.A. 12-1223.
Sec. 19-31. Approval of board dealings in real
property required.
The acquisition or disposition of real property
shall be subject to the approval of the board of
commissioners. (Code 1966, ~ 19-11)
State law reference-Similar provisions, K.S.A. 12-1223.
Sec. 19-32. Organization, officers.
The members of the library board shall annu-
ally organize by the election of a chairman, a
secretary and a treasurer and such other officers
as they may deem necessary. (Code 1966, ~ 19-12)
State law reference-Similar provisions, KS.A. 12-1224.
Sec. 19-33. Date, place of regular meetings;
calling special meetings.
The library board shall fix the date and place of
its regular meetings and special meetings may be
called by the chairman or upon written request of
a majority of the members. (Code 1966, ~ 19-13)
State law reference-Similar provisions, KS.A. 12-1224.
Sec. 19-34. Notice of special board meetings.
Written notice, stating the time and place of
any special meeting of the library board and for
the purpose for which called, shall, unless waived,
be given each member of the board at least two (2)
days in advance of such meeting, and no business
other than that stated in the notice shall be trans-
acted at such meeting. (Code 1966, ~ 19-14)
State law reference-Similar provisions, KS.A. 12-1224.
Sec. 19-35. Powers and duties.
The library board shall have the following pow-
ers and duties:
(1) To make and adopt rules and regulations
for the administration of the library;
(2) With the approval of the board of commis-
sioners to purchase or lease a site or sites
1176
e
e
e
e
e
and to lease or erect a building or build-
ings for the use of the library;
(3) To acquire by purchase, gift or exchange,
books, magazines, papers, printed materi-
als, slides, pictures, films, projection equip-
ment, phonograph records and other mate-
rial and equipment deemed necessary by
the board for the maintenance and exten-
sion of modern library service;
(4) To employ a librarian and such other em-
ployees as the board shall deem necessary
and to remove them and to fix their com-
pensation;
(5) To establish and maintain a library or li-
braries and traveling library service within
the city or within any other municipality
with which service contract arrangements
have been made;
(6) To contract with other libraries established
under the provisions of K.R.S. 12-1278 to
12-1235 inclusive, or with the governing
body of a municipality not maintaining a
public library for the furnishing of library
service to the inhabitants of such munici-
pality to the extent and upon such terms as
may be agreed upon, and to contract to
furnish library service to any school library
as to use the library of the public school to
supplement the facilities of the public library;
(7) To receive, accept and administer any money
appropriated or granted to it by the state
or the federal government or any agency
thereof for the purpose of aiding or provid-
ing library service;
(8) To receive and accept any gift or donation
to the library and administer the same in
accordance with any provisions thereof;
(9) To make annual reports to the state librar-
ian and the board of commissioners of the
city on or before January thirty-first of each
year for the preceding calendar year, show-
ing receipts and disbursements from all funds
under its control, and showing such statis-
tical information relating to library mate-
rials acquired and on hand, number of li-
brary users, library services available, and
LIBRARY
~ 19-38
other information of general interest as the
board of commissioners may require;
(10) As to money received from sources other
than a tax levy for library purposes, in its
discretion, to place such money in a sepa-
rate fund or funds, or to place the money in
the fund to which the tax levy money is
credited unless the grantor or donor shall
direct how and for what purpose the money
shall be handled and spent. (Code 1966, ~
19-15)
State law reference-Similar provisions, KS.A. 12-1225.
Sec. 19-36. Bond of treasurer.
The treasurer of the library board shall give
bond, in an amount fixed by the board and ap-
proved by the board of commissioners, for the
safekeeping and due disbursement of all funds
that may come into his hands as such treasurer.
Such bond shall be filed with the city clerk. (Code
1966, ~ 19-16)
State law reference-Similar provisions, KS.A. 12-1226.
Sec. 19-37. Duties of treasurer.
The county treasurer shall pay over to the trea-
surer of the library board all funds collected for
the maintenance of the library, and the treasurer
of the library board shall payout such funds on
orders of the board signed by the secretary and
chairman thereof. Such treasurer shall keep an
accurate record of all moneys received and dis-
bursed by him and make a report thereof to the
library board monthly, or as often as the board
shall require. (Code 1966, ~ 19-17)
State law reference-Similar provisions, KS.A. 12-1226.
Sec. 19-38. Budgets and tax levies.
(a) In addition to the powers and duties con-
ferred by law, the board of directors of the free
public library shall prepare, publish and approve
an annual budget for the maintenance and sup-
port of the free public library in the same manner
as required by law applying to other taxing units
and shall annually levy a tax not to exceed two
and five-tenths (2.5) mills on each dollar of the
assessed tangible valuation of the property of such
city for the maintenance and support of such free
public library. Whenever the board of directors
1177
~ H.-38
SALINA CODE
determines that the tax currently being levied by
such board is insufficient to maintain and sup-
port the library and such board desires to increase
the mill levy above the current levy, such board
may adopt a resolution declaring it necessary to
increase such annual levy in an amount which
together with the amount of the current levy shall
not exceed a total of four (4) mills in any year.
(b) Whenever the board of directors of the free
public library determines that the tax levy of four
(4) mills authorized by subsection (a) is insuffi-
cient to maintain and support the library, the
board shall adopt a resolution declaring it neces-
sary to increase the annual levy by an additional
amount not to exceed one-fourth mill in anyone
year up to a total amount which shall not exceed
an amount equal to six (6) mills in any year.
(c) Any such resolution adopted under subsec-
tion (a) or (b) shall state the total amount of the
tax to be levied for library purposes and shall be
published once each week for two (2) consecutive
weeks in the official city newspaper. Whereupon
such annual levy in an amount not to exceed the
amount stated in the resolution may be made for
the ensuing budget year and each successive bud-
get year unless a petition requesting an election
upon the proposition to increase the tax levy in
excess of the current tax levy, signed by electors
equal in number to not less than five (5) per cent
of the electors who voted at the last preceding
regular city election, as shown by the poll books,
is filed with the county election officer within
sixty (60) days following the date of the last pub-
lication of the resolution. In the event a valid
petition is filed, no such increased levy shall be
made without such proposition having been sub-
mitted to and having been approved by a major-
ity of the electors voting at an election called and
held thereon. All such elections shall be called
and held in the manner prescribed for the calling
and holding of elections upon the question of the
issuance of bonds under the general bond law.
Such taxes shall be levied and collected in like
manner as other taxes, which levy the clerk of
such board of directors shall certify, on or before
August twenty-fifth of each year, to the county
clerk who is hereby authorized and required to
place the same on the tax roll of the county to be
collected by the county treasurer and paid over
by the county treasurer to the treasurer of such
board of directors. (Code 1966, ~ 19-19)
Cross reference-Taxation generally, Ch. 7.
State law reference-Similar provisions, K.S.A. 12-1215.
[The next page is 1229]
1178
e
e
e
-
e
Chapter 20
LICENSES*
Sec. 20-1. License and compliance required.
It shall be unlawful for any person, either as
principal, officer, agent, servant or employee:
(1) To conduct, pursue, carryon and operate in
the city any of the trades, occupations, busi-
nesses or professions specified in this Code
without having first paid to the city clerk a
license fee prescribed in section 2-2, and hav-
ing procured a license from the city clerk
signed by the city clerk to engage in and
carryon such trade, occupation, business or
profession;
(2) To fail to comply with all the regulations as
provided in this chapter. (Code 1966, ~ 20-1)
Sec. 20-2. Application.
Any person engaging in any of the trades, oc-
cupations, businesses or professions upon which
license fees are levied shall, except when other-
wise provided, file an application with the city
clerk for a license to carryon such trade, occupa-
tion, business or profession. Such application shall
state the following facts:
(1) The name and address of the applicant;
(2) The nature and location of the business. (Code
1966, ~ 20-2)
Sec. ,20-3. Age of licensees.
No license shall be issued to a person under
eighteen (18).
Cross reference-Minors generally, Ch. 21.
Sec. 20-4. Fees.
(a) The application for a license shall be ac-
companied by the necessary fee.
(b) License fees levied pursuant to section 2-2
and other provisions of this Code shall, except
when otherwise provided, be paid to the city clerk
who shall issue receipts therefor, and such fees,
with copies of the receipts, shall be turned over
to the city treasurer by the city clerk.
(c) All license fees shall be credited to the gen-
eral fund except when another fund is specifically
designated by ordinance. (Code 1966, ~~ 20-3-20-5)
Cross reference-Establishment of license fee, ~ 2-2.
Sec. 20-5. Issuance.
The city clerk shall issue all licenses, except
when otherwise provided, and sign the same and
impress the city seal thereon. (Code 1966, ~ 20-6)
Sec. 20-6. Contents.
Licenses shall state the name of the licensee,
the purpose for which the license is issued, the
place where the trade, occupation, business or
profession is to be carried on if the license is for a
specific location, shall be dated, shall state the
expiration date of the period for which the license
shall run, the amount of the fee and such other
information as may be appropriate. (Code 1966, ~
20-7)
.Cross references-Administration, Ch. 2; license for loudspeakers and sound trucks, * 3-5; retailer's license for alcoholic
liquor, * 5-36 et seq.; distributor's license for alcoholic liquor, * 5-51 et seq.; retailer's license for cereal malt beverages, * 5.92 et
seq.; license for private clubs, ~ 5.136 et seq.; licensing of amusements generally, ~ 6-1; license for carnivals, circuses and tent
shows, * 6.16 et seq.; license for public dances, * 6.56 et seq.; license for food establishments having entertainment, * 6-86 et seq.;
license for arcades, ~ 6.116 et seq.; license for music machines, * 6-141 et seq.; license for billiards and pool tables, * 6-166 et seq.;
licensing of commercial animal establishments, * 7.116 et seq.; licensing of auctions and auctioneers, * 7.5-1; license for electrical
contractors, ~ 8.111; license for mechanical contractors, ~ 8.291; license required for sign business, ~ 8-383; license for elevator
contractors, * 8-436; licensing of mobile home parks, ~ 22-22; license for mobile home contractors and craftsmen, ~ 22-51; license
for bondsmen, * 23.36 et seq.; licensing of peddlers and solicitors, * 28-1; license for merchant or private policemen, * 30-36 et seq.;
license for going-out-of-business sales, ~ 32.26 et seq.; license for junk and junk dealers, ~ 33-46 et seq.; license for private haulers
of solid waste, ~ 34-61 et seq.; licensing of contractors for driveways and sidewalks, ~ 35.157; taxation generally, Ch. 37; license for
trimmers and traders of trees and shrubs, * 39.31 et seq.; license for freight vehicles, * 40-26 et seq.; business license for taxicabs, *
40-81 et seq.; drivers license for taxicabs, * 40-106 et seq.
State law reference-Limitations and procedures for exercise of constitutional home rule power of taxation, K.S.A. 12-137.
1229
~ 207
SALINA CODE
Sec. 20-7. When fees due.
(a) Annually. All license fees levied on an an-
nual or yearly basis, shall be payable on or before
January second of each calendar year and such
licenses shall be deemed to expire on December
thirty-first of each calendar year.
(b) )'jiannually. All license fees levied on a six
(6) month basis shall be paid on or before January
second and July first of each year.
(c) Monthly. All license fees levied on a monthly
basis shall be paid on the first day of each calen-
dar month.
(d) Weekly. All license fees levied on a weekly
basis shall be payable on Monday, the first busi-
ness day of each week. (Code 1966, ~ 20-8)
Sec. 20-8. Reserved.
Sec. 20-9. Beginning business between paying
dates.
Any person entering into a trade, occupation,
business or profession for which a license is re-
quired between license paying dates, shall imme-
diately apply, pay for and obtain a license on the
same basis as though such person were engaged
in business on such license paying date; provided
however, that if the date on which such person
enters into such trade, occupation, business or
profession for which a license application is made
is after July first and the license fee established
by this Code is in excess of sixty dollars ($60.00),
then the applicant shall be required to pay only
one-half of the fee established by this Code. (Code
1966, ~ 20-9)
Sec. 20-10. Delinquency penalty.
When a licensee continues operating after the
license has expired and a new license is not se-
cured within thirty (30) days, a penalty often (10)
percent of the amount of the license fee shall be
added and paid and ten (10) percent of the amount
of the license fee shall be added and paid for each
additional thirty (30) days from the date of expi-
ration of the old license. (Code 1966, ~ 20-10)
Sec. 20-11. Recovery of fee by suit.
In addition to the criminal penalty, the city
may recover in civil action in any court of compe-
tent jurisdiction the amount of the license fee
prescribed in section 2-2, and no property of such
debtor shall be exempt from forced sale under
any process of law for such indebtedness except
such exemptions as are allowed by the constitu-
tion of this state. (Code 1966, ~ 20-25)
Sec. 20-12. License to be posted, exhibited.
Each license shall be posted in a conspicuous
place where the trade, occupation, business or
profession is carried on and the holder of such
license shall immediately show such license to
the license inspector or collector or his deputy or
any police officer of the city upon being requested
by such inspector, deputy or officer to do so. (Code
1966, ~ 20-11)
Sec. 20-13. Regulated businesses subject to
inspection.
All trades, occupations, businesses and profes-
sions licensed shall, if regulated, be open and
subject to inspection at all reasonable times by
the proper officers of the city, under its police
powers, in order for such officer to ascertain that
the persons conducting trades, occupations, busi-
nesses or professions are complying with all of
the police and health regulations of the city. (Code
1966, ~ 20-12)
Sec. 20-14. Reserved.
Sec. 20-15. Duty to carry, exhibit license.
Any licensed person, including his employees,
not having a permanent location, shall carry his
license with him and every person shall present
his license for inspection when requested to do so
by any officer of the city. (Code 1966, ~ 20-13)
Sec. 20-16. Transferability.
No license issued hereunder shall be transfera-
ble or assignable. The licensed trade, occupation,
business or profession shall not be transferred
1230
e
e
e
e
e
from place to place without the consent of the
board of commissioners. (Code 1966, ~ 20-14)
Sec. 20-17. Refunds prohibited.
No refund for the unused period of a license
shall be made. (Code 1966, ~ 20-15)
Sec. 20-18. Separate license required for each
place of business.
A separate license shall be obtained for each
place conducted, operated, maintained or carried
on by each person engaged in any trade, occupa-
tion, business or profession for which a license is
required. (Code 1966, ~ 20-16)
Sec. 20-19. Forfeiture.
Where there are regulations by ordinance for
any trade, occupation, business or profession, pur-
sued, carried on or operated in the city, any fail-
ure by any person to observe such regulations
shall, without further action or proceedings of
any kind whatsoever, forfeit the license of the
person failing to observe such regulations. (Code
1966, ~ 20-17)
Sec. 20-20. Interstate commerce not affected.
No provision of this chapter shall be construed
in any way to relate to or interfere with the sub-
ject of commerce between states as provided by
the Constitution of the United States, and as de-
fined and decided by the Supreme Court of the
State of Kansas, and it is hereby declared to be
the intention not to levy any license fee on any of
the interstate business of any licensee. (Code 1966,
~ 20-18)
Sec. 20-21. Exemption for producers, growers.
No producer or grower or his agents or employ-
ees, selling farm or garden products or fruits grown
by him within the state in this city, shall be
required to pay any license fee, and he is hereby
exempted from the payment of any such license
fee, or the securing of any license. Persons claim-
ing to be exempt under this section shall furnish
satisfactory proof of exemption if requested by
any police officer. (Code 1966, ~ 20-19)
State law reference-Similar provisions, K.S.A. 12-1617.
LICENSES
~ 20-24
Sec. 20-22. Exemption for veterans.
All ex-soldiers and sailors of the Spanish-American
War, and all ex-soldiers and sailors of World War
I and World War II, who served honorably in the
military or marine service of the United States,
and all persons who served with the armed forces
of the United States during the military, naval
and air operations in Korea or other places under
the flags of the United States and the United
Nations or under the flag of the United States
alone, and who hold an honorable discharge from
such service, issued by the proper officers of the
United States, and who shall reside in this city
six (6) months previous to the time of which a
license is issued, shall be entitled to a license to
operate a delivery and baggage wagon, and to
vend, hawk and peddle goods, wares, fruits or
merchandise not prohibited by law, in this city;
provided, that the soldier or sailor is engaged in
operating personally a delivery and baggage wagon
owned exclusively by himself. Upon the presenta-
tion of his certificate and papers of discharge to
the city clerk, and showing proof of his identity as
the person named in his certificate of honorable
discharge, and having resided within the city six
(6) months previous to the time of issuance of the
license, the city clerk shall issue to the ex-soldier
or sailor a license. Such license shall be free, and
the city clerk shall not collect or demand any fee
therefor. The provisions of this section shall also
apply to members of the American Red Cross Nurse
Corps who served in World War II or the Korean
operation. This license is personal to the veteran.
He cannot use agents. (Code 1966, ~ 20-20)
State law reference-Similar provisions, K.S.A. 73-220.
Sec. 20-23. Other regulations not affected.
This chapter shall not be construed so as to
amend, modify or repeal many of the rules and
regulations of the trades, occupations, business
and professions otherwise provided for in this Code
or other ordinances of the city and is meant to be
supplementary only. (Code 1966, ~ 20-21)
Sec. 20-24. license not to authorize violation
of law.
Nothing herein shall be construed as to permit
any licensee licensed under the provisions of this
1231
~ 20-24
SALINA CODE
Code to violate any law of the United States, the
State of Kansas or any provision of this Code or
ordinance of the city. (Code 1966, ~ 20-22)
Sec. 20-25. Compliance prerequisite to license.
Provisions of this Code and other ordinances
regulating any trade, occupation, business or pro-
fession required to pay a license fee and secure a
license under this Code shall be observed and
complied with before any license is issued. (Code
1966, ~ 20-23)
Sec. 20-26. Violations, penalties.
(a) Any person who shall conduct, pursue or
carryon, or operate within the limits of the city
any trade, occupation, business or profession for
which a license or the payment of a license fee is
required by this chapter or shall assist, directly
or indirectly, in so doing in any manner or any
extent, either as owner or proprietor or as any
officer of any corporation, or as manager, super-
intendent, agent, servant or employee of any per-
son after a license fee should have been paid or a
license obtained to conduct, pursue, carryon or
operate such trade, occupation, business or pro-
fession shall be guilty of a misdemeanor.
(b) Any person, whether as principal or as agent,
who shall violate any other provision of this chap-
ter than those immediately above enumerated,
shall be guilty of a misdemeanor. (Code 1966, ~
20-24)
[The next page is 1283]
1232
e
e
e
-
e
Art. I. In General, H 21-1-21-15
Art. II. Curfew, H 21-16,21-17
ARTICLE I. IN GENERAL
Sees. 21-1-21-15. Reserved.
ARTICLE II. CURFEW*
Sec. 21-16. Established.
It shall be unlawful for any child under the age
of sixteen (16) years, to wander, lounge, loaf, loi-
ter or play in, upon or about any public street,
sidewalk, alley, vacant lot, public square or pub-
lic park within the city, after the hour of 10:30
p.m., and before 6:00 a.m., unless accompanied by
a parent, legal guardian, or other person having
legal custody of such child or unless engaged in
the performance of an errand or duty, directed by
a parent,' guardian or legal custodian, pursuant
to a written statement dated the day such errand
or duty is being performed, and signed by such
*Cross reference-Streets, sidewalks and other public plac-
es, Ch. 35.
Chapter 21
MINORS*
parent, guardian or legal custodian, directing such
child to perform a bona fide errand or mission for
such parent, guardian or legal custodian, or un-
less such child is proceeding pursuant to the scope
of his lawful employment. (Code 1966, ~ 23-149)
Sec. 21-17. Parental responsibility.
It shall be unlawful for a parent, guardian or
other person lawfully entitled to the care, custody
and control of any child under the age of sixteen
(16) years, to knowingly suffer or permit any such
child under the age of sixteen (16) years, unless
such child is accompanied by a parent, legal guard-
ian or other person lawfully entitled to such child's
care, custody and control, to wander, lounge, loaf,
loiter or play in, upon or about any public street,
sidewalk, alley, vacant lot, public square or pub-
lic place within the city after the hour of 10:30
p.m. and before the hour of 6:00 a.m. (Code 1966,
~ 23-150)
*Cross references-Employment of minors by retailers of alcoholic liquor, ~ 5-20; unlawful acts by minors concerning alcoholic
liquor, ~ 5-21; furnishing cereal malt beverages to minors, ~ 5-71; misrepresenting age to obtain cereal malt beverages, ~ 5-72;
loitering by minors around cereal malt beverage premises, ~ 5-73; consumption of alcoholic beverages by minors at private clubs
prohibited, ~ 5-124; age of players for billiards and pool tables, ~ 6-156; age of licensees, ~ 20-3; purchases by pawnbrokers and
secondhand dealers from children, ~ 33-19; request that children not be licensed to drive except on showing of necessity, ~ 38-5;
application for restricted driver's licenses, ~ 38-6; parental responsibility for violations of traffic laws by children, ~ 38-8; police to
take up bicycles, vehicles used by children in violation, ~ 38-9.
[The next page is 1333]
1283
e
e
e
--
e
Chapter 22
MOBILE HOMES AND TRAILERS.
I. In General, H 22.1-22.15
II. General Regulations Applicable To All Existing and Future
Mobile Homes and Mobile Home Owners, ~~ 22.16-22.35
III. New Parks or Park Expansions, H 22.36-22-50
IV. Mobile Home Contractors and Craftsmen, H 22.51-22.80
Div. 1. Generally, ~~ 22-51-22-70
Div. 2. Permits and Inspections, ~~ 22-71-22-80
Art.
Art.
Art.
Art.
ARTICLE I. IN GENERAL
Sec. 22-1. Definitions.
The following words and phrases, when used in
this chapter, shall have the meanings specifically
ascribed to them:
(1) Easement means a vested or acquired right
to use land, other than as a tenant, for a
specified purpose.
(2) Mobile home means any movable structure
designed for occupancy as a residence, of-
fice, business, etc., which was not or cannot
be determined to have been built in accor-
dance with the building code of the city.
This definition excludes any movable struc-
ture which was designed for recreational
purposes or not designed for permanent at-
tachment to utilities.
(3) Mobile home park or court means an area,
piece, parcel, tract, lot or plot of land which
is licensed by the city, and which is used or
intended for use or occupancy by one or
more mobile homes. This term does not in-
clude sales lots on which unoccupied mo-
bile homes, whether new or used, are lo-
cated for the purposes of storage, inspection
or sale.
(4) Mobile home space (area unit) means a plot
of land within a mobile home park which
can accommodate one mobile home and which
provides the necessary utility services for
water, sewerage and electricity.
(5) Mobile home stand means that part of an
individual area which has been reserved
for the replacement of the mobile home,
appurtenant structures or additions.
(6) Recreational space (open space) means any
area or space designed for joint use of ten-
ants occupying mobile home parks.
(7) Recreational vehicle means a vehicular-type
unit primarily designed as temporary liv-
ing quarters for recreational, camping, or
travel use, which either has its own motive
power or is mounted on or drawn by an-
other vehicle. The basic entities include:
travel trailer, camping trailer, truck camper
and motor home.
(8) Roadway means a private street which af-
fords a principal means of public access to
properties or structures; same to be identi-
fied on the plan. (Code 1966, S 21-1)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sees. 22-2-22-15. Reserved.
"Cross references-Buildings and structural appurtenances, Ch. 8; housing, Ch. 18; planning, Ch. 29; public utilities, Ch. 31;
solid waste, Ch. 34; streets, sidewalks and other public places, Ch. 35; subdivision regulations, Ch. 36; traffic and motor vehicles,
Ch. 38; water and sewers, Ch. 41; zoning regulations, Ch. 42; MH mobile home park district, ~ 42-216 et seq.
State law reference-Uniform standards code for mobile homes and recreational vehicles, K.S.A. 75-1211 et seq.
1333
~ 2:':-16
SALINA CODE
ARTICLE II. GENERAL REGULATIONS
APPLICABLE TO ALL EXISTING AND
FUTURE MOBILE HOMES AND
MOBILE HOME OWNERS
Sec. 22-16. Location.
(a) It shall be unlawful for any person to main-
tain, use, occupy or lease a mobile home within
the city outside of a licensed mobile home park or
outside of an area zoned for that use by the ordi-
nances of the city except as provided below.
(b) It shall be permissible hereunder for a bona
fide guest of the householder to park a recrea-
tional vehicle in the rear yard of a dwelling for a
period not to exceed fifteen (15) days; provided,
that such recreational vehicle may be used only
for sleeping purposes or temporary storage dur-
ing such fifteen (15) day period and it does not
constitute a hazard or a nuisance. (Code 1966, ~
21-12)
Sec. 22-17. Placement.
(a) Except as herein provided any mobile home
used as a residence shall be placed on mobile
home stands and tied down and blocked as desig-
nated by K.S.A. 75-1226 through 75-1232.
(b) Mobile homes in parks existing prior to May
3,1976 shall not be permitted to park closer than
five (5) feet to the side line of its area unit, nor
shall it be so parked that it is closer than ten (10)
feet to any other mobile home or any other build-
ing located in the mobile home court.
(c) All mobile homes in new parks or park ex-
pansions shall be located so as to maintain a clear-
ance of not less than twenty (20) feet from an-
other mobile home or appurtenance thereto, ex-
cept when placed end-to-end there shall be a
minimum separation of twelve (12) feet. No mo-
bile home shall be located closer than twenty-five
(25) feet from any building within the park, other
than accessory buildings located on the same space.
(Code 1966, ~ 21-13)
Cross reference-Bulk regulations for mobile homes, ~
42-221.
Sec. 22-18. Alteration of systems.
All alterations of internal mechanical systems
(electric, gas and plumbing) shall comply with the
applicable sections of this Code. (Code 1966, ~
21-14)
Sec. 22-19. Environmental standards.
(a) Drainage. Every park or portion thereof to
be constructed under the provisions of this chap-
ter shall provide for the following in the manner
herein specified:
(1) All land proposed for mobile home parks shall
be protected against flooding.
(2) All such parks shall be drained and shall be
located in areas free from swamps or stand-
ing pools of water.
(3) The ground surface in all parts of every park
shall be graded and equipped to drain all
surface water.
(b) Nuisances. All parks shall be maintained
free of public nuisances. (Code 1966, ~ 21-15)
Sec. 22-20. Storm protection.
Storm shelters. In each new park or in park
expansions often (10) units or more, accumulated
from the date of this chapter, properly ventilated
and constructed storm shelters shall be provided
in a central or other convenient location at a rate
of eighteen (18) square feet of shelter space for
each newly constructed mobile home space. Storm
shelters shall be built in accordance with the build-
ing codes of the city. (Code 1966, ~ 21-16)
Sec. 22-21. Responsibilities.
(a) Responsibilities of mobile home park owner.
The mobile home park owner shall be responsible
for the acts of any of his agents, servants, em-
ployees, or representatives. It shall be the respon-
sibility of the mobile home park owner to:
(1) See that each unit is properly located and
secured in conformance with this chapter;
1334
e
e
e
-
e
MOBILE HOMES AND TRAILERS
~ 22-22
(2) See that initial connections of each mobile
home to gas, liquefied petroleum, electrici-
ty, water and sewerage systems are per-
formed by a licensed craftsman, i.e., elec-
trician, plumber, gas fitter, or mobile home
craftsman, in accordance with this Code;
(3) Provide each mobile home space with a min-
imum of one hundred (100) amperes ser-
vice (two (2) fifty (50) amperes mains within
the park service supply) and outlets to pro-
vide two hundred twenty (220) volts, to all
mobile homes equipped for such service;
(4) Keep a register containing a record of all
mobile homes, owners if not owner occu-
pied, and tenants located within each park.
The register shall contain the name and
address of each known occupant; the ap-
parent make, model, year and manufacturer
of each mobile home; and the dates of ar-
rival and departure of each mobile home.
The person operating each park shall keep
the register available for inspection at all
reasonable hours by law enforcement offi-
cers, assessors and other officials whose du-
ties necessitate acquisition of such infor-
mation. The original records of the register
shall not be destroyed for a period of one
year following the date of registration;
(5) Keep a map of the park outlining the ad-
dress, number and location of each mobile
home. A copy of the map shall be furnished
to the emergency preparedness office;
(6) Provide for the storage, collection and dis-
posal of refuse and garbage so as not to
create a health hazard, rodent harborage,
insect breeding area, accident or fire haz-
ard, or unsightly condition.
a. All refuse and garbage shall be stored
in fly tight, watertight, rodent-proof con-
tainers. Containers shall be provided
in sufficient number and capacity to
properly store all refuse and garbage.
b. Racks or holders shall be provided for
all refuse and garbage containers. Such
container racks or holders shall be so
designed as to prevent containers from
being tipped, to minimize spillage and
container deterioration, and to facili-
tate cleaning around them.
c. All refuse and garbage shall be collected
at least once weekly by a licensed pri-
vate refuse hauler.
(7) Obtain the required licenses;
(8) Obtain all building permits for accessory
buildings or structures; and
(9) Insure that all new mobile home installa-
tions and lots upon which they are located
are inspected at time of installation by the
building official.
(b) Responsibility of the mobile home owner. It
shall be the responsibility of the mobile home
owner to:
(1) Acquire permits before altering and connect-
ing any structural, electrical, gas, mechani-
cal, or sanitary systems within the mobile
home;
(2) Supply power to the mobile home through
the use of a feeder assembly consisting of not
more than three (3) mobile home power-supply
cords, each rated fifty (50) amperes, or a per-
manently installed circuit;
Exception: A mobile home that is factory-
equipped with gas or oil-fired central heating
equipment and cooking appliances shall be
permitted to be provided with a mobile home
power-supply cord rated forty (40) amperes.
(3) The overall length of a power-supply cord,
measured from the end of the cord to the face
of the attachment shall not exceed thirty-six
and one-half (36V2) feet. Cords with adapters
and pigtail ends, splices, extension cords, and
similar items will not be permitted; and
(4) Skirt the mobile home with a solid and wind-
resistant material to be approved by the mo-
bile home park owner. Skirting shall enclose
the total open area under the mobile home.
(Code 1966, ~ 21-17)
Sec. 22-22. Licensing.
(a) License required. It shall be unlawful for
any person to maintain or operate within the cor-
1335
~ ~2-22
SALIKA CODE
porate limits of the city, any mobile home park
unless such person shall first obtain a license
therefor as hereinafter provided.
(b) Requirements for issuance. The city clerk
shall issue a license for the operation of a mobile
home court when presented with:
(1) Written application by the owner or lessee of
such mobile home court on forms supplied by
the city clerk;
(2) The receipt of the city treasurer for the proper
fees, as hereinafter provided;
(3) Proof that the proposed park is zoned correct-
ly or is an existing nonconforming use;
(4) Certification by the building official that the
park complies with all applicable sections of
this Code.
(c) License fees. A license fee as prescribed in
section 2-2 shall be paid upon approval of the
application for licensing (relicensing).
(d) Revocation:
(1) If, at any time, it is determined by the city
that the mobile home park does not conform
to the applicable sections of this Code, the
mobile home park owner shall be given sixty
(60) days to bring the park into compliance.
(2) If the owner fails to comply with the applica-
ble sections of this Code, his license shall be
revoked and it shall be unlawful for him to
operate a mobile home park or collect rent
from any tenant of such park after the date
the license was revoked.
(3) Mobile home park residents shall be given
sixty (60) days to relocate their mobile homes
from the unlicensed park.
(4) Additional sixty (60) day extensions may be
granted by the building official in cases of
undue hardship and where a bona fide effort
by such mobile home park licensee to comply
with this Code is made. (Code 1966, ~ 21-18)
Cross reference-Licenses generally, Ch. 20.
Sec. 22-23. Park service distribution systems.
(a) Gas distribution system. The gas distribu-
tion system in the mobile home park shall meet
all the requirements of this Code. When liquefied
petroleum gas is used, the provisions of the "Rules
and Regulations Relating to the Liquefied Petro-
leum Gas Industry of the State of Kansas" as
adopted by this Code shall apply.
(1) Gas service systems shall be inspected by the
building official prior to release of service.
(2) Connection of a gas line to the mobile home
shall be by a flexible connector bearing the
seal of the American Gas Association.
(3) An iron-bodied, brass core cock with provi-
sions for locking in closed position shall be
installed on the riser as close as practicable
to the point of emergence from the ground,
and the riser shall be protected by a solid
post set in the ground adjacent to the riser
pipe.
(4) An automatic shut-off with plastic nipple shall
be installed directly above the core cock.
(5) Gas meters shall be removed upon discontin-
uance of service by gas service company. Slug-
ging of meters is prohibited.
(b) Park water distribution systems. The water
distribution system in the mobile home park shall
meet all the requirements of this Code and the
state board of health. The size and location of all
water mains shall be approved by the city engineer.
(c) Electrical distribution system. The electrical
distribution system in the mobile home park shall
meet all the requirements of this Code.
(1) Electrical service systems shall be inspected
by the building official prior to release of
serVIce.
(2) A minimum of one hundred (100) amperes
service will be required at each new mobile
home stand (two (2) fifty (50) amperes mains
within the park service panel).
(3) No splices shall be allowed in any mobile
home power supply cord.
(4) Electrical meters shall be removed upon dis-
continuance of service by electrical service
company. Slugging of meters is prohibited.
(d) Sanitary sewer system Individual sewer con-
nections shall be provided for each mobile home
1336
e
e
e
-
e
MOBILE HOMES AND TRAILERS
~ 22-38
space in the park and shall meet all the require-
ments of this Code and the state board of health.
The size and location of all sewer mains shall be
approved by the city engineer.
(e) Fire protection. Within each mobile home
park there shall be provided a fire protection sys-
tem approved by the fire chief in accordance with
the Mobile Home Park Fire Safety Code of the
National Fire Protection Association (NFPA). (Code
1966, ~ 21-19)
Sees. 22-24-22-35. Reserved.
ARTICLE III. NEW PARKS
OR PARK EXPANSIONS
Sec. 22-36. Development requirements.
(a) Compliance with zoning. Nothing in this chap-
ter shall be construed as authorizing a mobile
home park in any part of the city contrary to the
zoning regulations.
(b) Size, marking, parking, drainage and recrea-
tional areas for mobile home spaces. Each mobile
home space shall contain a minimum area of four
thousand five hundred (4,500) square feet, plus
five hundred (500) square feet for recreational or
open area, clearly defined by appropriate mark-
ers with space provided for off-street parking for
two (2) automobiles and shall be located on a
well-drained site, properly graded to insure rapid
drainage and freedom from stagnant pools of water.
Each space shall be at least forty (40) feet wide
and one hundred (100) feet in depth, except in the
case of corner lots which shall provide a mini-
mum width of forty-five (45) feet. The recreational
or open area may be included in each mobile home
space or may be developed separately. Separate
recreational or open areas shall not be less than
three thousand five hundred (3,500) square feet
and required setbacks, roadways, rights-of-way,
and off-street parking spaces shall not be consid-
ered as recreational or open areas.
(c) Proximity of mobile home to lot line, other
mobile homes, buildings. All mobile homes shall
be located so as to maintain a clearance of not
less than twenty (20) feet from another mobile
home or appurtenances thereto, except when placed
end-to-end there shall be minimum separation of
twelve (12) feet. No mobile home shall be located
closer than twenty-five (25) feet from any build-
ing within the park, other than accessory build-
ings located on the same space. (Code 1966, ~
21-30)
Sec. 22-37. Park plan.
Any person hereafter desiring to develop or en-
large a mobile home park shall submit a plan in
conformance with the zoning regulations. (Code
1966, ~ 21-31)
Sec. 22-38. Construction standards.
(a) Public streets. All dedicated public streets
within the environs of the park shall be constructed
in accordance with the city engineering street
development and pavement standards prior to
placement of mobile homes on stands.
(b) Roadways (private streets):
(1) Generally layout:
a. Roadways used as public ways shall be
provided on the site where necessary to
furnish principal trafficways for conven-
ient access to the mobile home stands, or
drives or other facilities in the park.
b. They shall be designed to permit connec-
tion with existing facilities where neces-
sary for the proper functioning of the drain-
age and utility systems.
c. They shall be designed for the convenient
movement of traffic. Dead-end streets shall
be provided with adequate surfaced turn-
ing space, a minimum of sixty (60) feet in
diameter with no parking, and eighty (80)
feet in diameter with parking. The max-
imum length of a dead-end street shall
be six hundred (600) feet.
(2) Intersections generally shall be at right an-
gles and at no point intersect at an angle less
than sixty (60) degrees. Intersections of more
than two (2) streets at one point shall be avoided.
(3) Width of roadways. All improved roadways
will be surfaced a minimum of twenty-four
(24) feet in width without parking and thirty-
two (32) feet in width with parking.
1337
~ 22-38
SALINA CODE
(4) Surfacing. All streets, roadways, and park-
ing lanes within the area of the park included
in the plan are required to be surfaced with
asphalt, concrete, rock, or suitable substitute
prior to placement of mobile homes on abut-
ting stands.
(c) Fire protection. The fire chief shall desig-
nate certain streets or roadways within the park
as fire lanes.
(d) Lighting. All interior streets and walkways
shall be lighted by not less than three-tenths (0.3)
footcandles of artificial light.
(e) Mobile home service lines. Within each mo-
bile home park all utility lines, from the mobile
home to source, including those for electricity and
telephone, shall be underground.
CD Mobile home stand:
(1) Construction:
a. Flexible surface: A minimum of five (5)
inches thick gravel, stone or compacted
surface treated to discourage plant
growth; or
b. Hard surface: A mInImUm of eighteen
(18) inches wide concrete ribbons or slabs
capable of carrying the weight of the mo-
bile home.
(g) Addresses shall be posted. Each approved
mobile home stand will be assigned an address by
the city engineering department if the plan is
approved. The assigned address shall be posted so
as to publicly identify the address of the unit to
which the address is assigned. (Code 1966, ~ 21-32)
Secs. 22-39-22-50. Reserved.
ARTICLE IV. MOBILE HOME
CONTRACTORS AND CRAFrSMEN
DIVISION 1. GENERALLY
Sec. 22-51. License required.
(a) It shall be unlawful for any person to en-
gage in the business of electrical, mechanical or
plumbing contracting in or on mobile homes with-
out first having secured a mobile home contractor
license.
(b) It shall further be unlawful for any person
to engage in the trade or otherwise perform the
act of installing, repairing or altering electrical
wiring for light, heat or power, and all other elec-
trical equipment, appliances and devices, air condi-
tioning, heating equipment, or plumbing in or on
a mobile home within the city without first hav-
ing secured a master mobile home craftsman li-
cense and be in the employ of a licensed mobile
home contractor. The following exceptions shall
be allowed:
(1) Persons having a journeyman mobile home
craftsman license as provided for herein, shall
be permitted to work when they are in the
employ of a licensed mobile home contractor,
and he is under the supervision or direction
of a licensed master mobile home craftsman.
(2) A person having an apprentice mobile home
craftsman license, as provided for herein, shall
be permitted to work when accompanied by
and under the supervision or direction of a
master mobile home craftsman.
(c) Nothing in this article shall prohibit an elec-
trician, plumber, or gas fitter from performing
the services for which he is licensed under this
Code in or on a mobile home. (Code 1966, ~ 9-411)
Cross reference-Licenses generally, Ch. 20.
Sec. 22-52. Application for craftsman; exam-
ination; fees generally; expiration
of licenses.
(a) Applications for examination for a master
mobile home craftsman license, a journeyman mo-
bile home craftsman license, or an apprentice mo-
bile home craftsman license shall be made to the
mobile home craftsman board of examiners. The
board shall examine the applicant, shall consider
his experience, training and other qualifications,
and if found satisfactory, it shall authorize the
city clerk to issue the license for which applica-
tion was made. The minimum qualifications shall
be the same as are hereinafter set out. At least
one-half of the examination shall be written.
(b) Fees under this section shall be as prescribed
in section 2-2.
1338
e
e
e
-
e
MOBILE HOMES AND TRAILERS
~ 22-56
(c) Licenses shall expire on December thirty-
first of each year. Any licensee who fails to renew
the same by January thirty-first may be required
to take a new examination and pay an examina-
tion fee before receiving a new license. (Code 1966,
~ 9-412)
Sec. 22-53. Contractor's application.
Applications for a mobile home contractor's li-
cense shall be made to the mobile home crafts-
man board of examiners. The board shall exam-
ine the applications and, if found satisfactory, it
shall authorize the city clerk to issue the license
for which the application was made. (Code 1966,
~ 9-413)
Sec. 22-54. Craftsman classes established.
There are hereby established the following classes
of mobile home craftsmen:
(1) Master mobile home craftsman. A master mo-
bile home craftsman shall certify at least five
(5) years of practical experience in the field of
mobile home repair. Such experience shall
include plumbing, gas, electrical, mechanical,
and structural installation, repair or alter-
ation to mobile homes. Graduation from an
approved trade school or a combination of
training and experience may qualify an indi-
vidual to take an examination for a license.
(2) Journeyman mobile home craftsman. A jour-
neyman mobile home craftsman is any per-
son earning his livelihood as a mobile home
craftsman, but who has not acquired the nec-
essary longevity of experience to qualify as a
master mobile home craftsman, but shall cer-
tify at least three (3) years of practical expe-
rience in the field of mobile home repair. Such
experience shall include plumbing, gas, elec-
trical, mechanical and structural installation,
repair or alteration to mobile homes. Gradu-
ation from an approved trade school or a
combination of training and experience may
qualify an individual to take an examination
for a license.
(3) Apprentice mobile home craftsman. An appren-
tice mobile home craftsman is any person
earning his livelihood as a mobile home crafts-
man, but who has not acquired the necessary
longevity or experience to qualify as a jour-
neyman mobile home craftsman. Except by
special written permission and consent issued
by the mobile home craftsman board of ex-
aminers, he shall not work except under the
immediate supervision and direction and in
the presence of a licensed master mobile home
craftsman, properly licensed by the city. No
person who has had his license revoked for
cause shall be allowed to work as an appren-
tice mobile home craftsman without the ex-
pressed consent of the mobile home crafts-
man board of examiners. A person shall be
qualified to take an examination for a license
if he is in the employ of a master mobile
home craftsman. (Code 1966, ~ 9-414)
Sec. 22-55. Mobile home craftsman board of
examiners created; membership.
(a) There is hereby created a mobile home crafts-
man board of examiners to consist of three (3)
persons, all of whom will be appointed by the
mayor with the approval of the board of commis-
sioners and one of whom will be designated to
pass upon the qualifications, as elsewhere set forth
in this article, of all persons engaged in the re-
pair, installation or alteration of mobile homes or
their components.
(b) The membership of a board shall consist of
the city plumbing and gas inspector, the city elec-
trical inspector, and a licensed master mobile home
craftsman. Members shall be appointed for a term
of one year. (Code 1966, ~ 9-415)
Cross references-Administration, Ch. 2; boards and com.
missions generally, ~ 2.136 et seq.
Sec. 22-56. Board to hold meetings.
It shall be the duty of the members of the mo-
bile home craftsman board of examiners, under
such rules and regulations as they shall prescribe,
to hold meetings as necessary, on days to be an-
nounced by the mobile home craftsman board of
examiners, for the purpose of passing upon the
qualifications of parties desiring licenses to per-
form the duties of mobile home craftsman. (Code
1966, ~ 9-416)
1339
~ 22-57
SALINA CODE
Sec. 22-57. Board to conduct examinations;
scope.
It shall be the duty of the mobile home crafts-
man board of examiners to conduct examinations
of applicants for mobile home craftsman licenses.
Examinations shall consist of questions, problems
and demonstrations designed to show the extent
of the applicant's knowledge concerning the de-
tailed provisions of this article and the applicable
city codes, the practical experience in this type of
'work which the applicant has had, and the degree
of proficiency he has attained. The examination
shall be given on the basis of the current code at
the time which the examination is given. At least
one-half of the examination shall be written. (Code
1966, ~ 9-417)
Sec. 22-58. Issuance of license.
(a) After certification by the mobile home crafts-
man board of examiners, licenses may be issued
by the city clerk. Upon issuance of a license, the
holder thereof shall be authorized to perform re-
pairs to mobile homes including, without limita-
tion, mechanical and structural repairs and to
make installations, alterations and repairs to the
electrical, plumbing and gas systems located within
the mobile home and to make the normal exterior
connections to existing mobile home park systems,
if the connection may be made at the mobile home
space.
(b) The holder of this license shall not be au-
thorized to install or repair any part of the mobile
home park electrical, plumbing or gas systems.
(Code 1966, ~ 9-418)
Sec. 22-59. Suspension of craftsman or revo-
cation of license.
Any mobile home craftsman may be suspended
for a definite length of time, or have his license
revoked outright by the mobile home craftsman
board of examiners for good and sufficient cause.
Such decisions are subject to written appeal to
the board of commissioners and such appeals shall
be filed in writing with the mobile home crafts-
man board of examiners within ten (10) days after
the decision has been rendered. Any and all such
appeals arising from such rulings of the mobile
home craftsman board of examiners shall be ex-
pedited and completed not later than thirty (30)
days after an appeal has been filed with the mo-
bile home craftsman board of examiners. (Code
1966, ~ 9-419)
Sec. 22-60. Insurance required.
It shall be required of the holder of a mobile
home contractor's license, as a condition thereof,
that he procure and maintain in full force for the
duration of the license, public liability insurance,
with limits of not less than the maximum liabil-
ity for claims which could be asserted against the
city, for any number of claims arising out of a
single occurrence or accident under the Kansas
Tort Claims Act, as amended. Proof of coverage
shall be approved by the city attorney. (Code 1966,
~ 9-429)
Sec. 22-61. Bond required.
Before any person shall be granted a mobile
home contractor's license, the mobile home con-
tractor shall execute a good and sufficient surety
bond in the sum of five thousand dollars ($5,000.00)
the same to be approved by the city attorney,
conditioned upon the good and faithful perform-
ance of work done by him, upon any mobile home
in the city, payment of all fees connected there-
with, and to hold the city harmless on account of
any damages arising from faulty work or neglect
of duty in the protection of the public. (Code 1966,
~ 9-430)
Sec. 22-62. Contractor required to employ
master mobile home craftsman.
It shall be required of the holder of a mobile
home contractor's license, as a condition of the
issuance thereof, that he shall employ a licensed
master mobile home craftsman at all times while
such license shall be in effect. (Code 1966, ~ 9-431)
Sec. 22-63. Nonresident mobile home crafts-
man.
A nonresident mobile home craftsman is a per-
son holding a valid license for other than the City
of Salina. Such craftsman shall be honored pro-
vided that the issuing city shall have entered into
an agreement with the City of Salina, granting
reciprocal privileges to the holders of valid Salina
1340
e
e
e
-
e
MOBILE HOMES AND TRAILERS
~ 22-80
mobile home craftsman licenses, and further pro-
vided that the issuing city shall conduct exami-
nations to determine the qualifications of its li-
censee. Such qualifications shall be parallel with
those of the City of Salina. Any decision as to
doubtful qualifications of a licensee shall be de-
termined by the mobile home craftsman board of
examiners. Nothing in this section shall exempt
the nonresident mobile home craftsman from ob-
taining the proper licenses or permits from the
City of Salina. (Code 1966, ~ 9-433)
Sees. 22-64-22-70. Reserved.
DIVISION 2. PERMITS AND INSPECTIONS
Sec. 22-71. Permit required.
No mobile home contractor or craftsman shall
perform any installation or repair to any mobile
home without first obtaining a permit from the
building official. (Code 1966, ~ 9-420)
Sec. 22-72. When permit not required.
This article shall not be construed to mean that
a permit shall be required before replacing minor
defective devices. The installation on new appli-
ances requires a permit in every case. Any direct
connection to the gas, water, or electrical supply
lines will require a permit in every case. (Code
1966, ~ 9-421)
Sec. 22-73. Record of permits required.
A complete record shall be kept by the building
official of all permits issued. (Code 1966, ~ 9-422)
Sec. 22-74. Permit fee established.
The permit fee for the moving in and connec-
tion to the gas, water or electrical mains for mo-
bile homes shall be as prescribed in section 2-2.
For permits covered under the electrical or plumb-
ing section of this Code the established fee sched-
ule will apply. (Code 1966, ~ 9-423)
Sec. 22-75. Payment of fee; failure to pay.
All permit fees shall be due and payable to the
city clerk, not later than the tenth of the month
following the month in which the permit was is-
sued. Failure of any mobile home contractor or
craftsman to remit payment of permit fees by the
specified date will be a violation of this article,
and shall constitute sufficient grounds for revoca-
tion of the mobile home contractor or craftsman
license. (Code 1966, ~ 9-424)
Sec. 22-76. Building official to inspect.
It shall be the duty of the building official to
inspect, or cause to be inspected, any work for
which permits are required by this article. (Code
1966, ~ 9-425)
Sec. 22-77. Inspection, approval required.
Any work performed under this article will re-
quire inspection and approval by the building of-
ficial. (Code 1966, ~ 9-426)
Sec. 22-78. Concealing work before inspection.
No mobile home craftsman shall conceal, or
cause to be concealed, work performed under this
article prior to inspection and approval. (Code
1966, ~ 9-427)
Sec. 22-79. Certificate of approval required
before setting meters or connec-
tion.
Prior to supplying electrical current, gas, or
water to a newly parked mobile home or a mobile
home which has been temporarily disconnected
therefrom, a certificate of approval must be is-
sued by the building official. (Code 1966, ~ 9-428)
Sec. 22-80. Calls for inspection.
Only mobile home contractors or master mobile
home craftsman shall be allowed to contact the
building official and request inspection and ap-
proval of any work done under this article. (Code
1966, ~ 9-432)
[The next page is 1391]
1341
e
e
e
-
e
MUNICIPAL COURT*
Chapter 23
Art.
Art.
I. In General, H 23-1-23-15
II. Bondsmen, ~~ 23-16-23-43
Div. 1. Generally, ** 23-16-23-35
Div. 2. License, ** 23-36-23.43
ARTICLE I. IN GENERAL
Sec. 23-1. Creation.
There is hereby created the municipal court
which is created pursuant to and governed by the
provisions of K.8.A. Chapter 12, Articles 41 through
47, inclusive.
Sees. 23-2-23-15. Reserved.
ARTICLE II. BONDSMEN
DIVISION 1. GENERALLY
Sec. 23-16. Presumption of receiving com-
pensation.
Any person other than a surety company au-
thorized to do business in the state by the state
insurance commissioner, who shall within one (1)
calendar year execute or file three (3) or more
bonds, as enumerated in section 23-36, shall be
presumed to be receiving compensation therefor,
and the person shall have the burden of providing
by a preponderance of evidence that no compen-
sation has been or is to be received. (Code 1966, ~
29-21)
Sec. 23-17. Entering police department with-
out previous request prohibited.
It shall be unlawful for any licensee under this
article to enter the police department for the pur-
pose of obtaining employment as a bondsman,
without having previously been called by a per-
son in custody or by an attorney or some other
person acting in behalf of the person in custody.
(Code 1966, ~ 29-30)
Sec. 23-18. Soliciting business at police de-
partment prohibited.
It shall be unlawful for any licensee under this
article to personally or otherwise solicit business,
in, at or near the police department. (Code 1966,
~ 29-31)
Sec. 23-19. Loitering in courtroom or police
department.
It shall be unlawful for any licensee under this
article to loaf or loiter in the police department or
any courtroom therein and shall upon entering
the police department conduct his business as
quickly as possible and upon finishing his busi-
ness shall immediately leave the police depart-
ment. (Code 1966, ~ 29-32)
Sec. 23-20. Giving legal advice or requiring
employment of particular attor-
ney prohibited.
It shall be unlawful for any licensee under this
article to offer or give legal advice to his client, or
attempt to foretell or predict to the client the
outcome of the case under which the client is
charged and shall not advise the client to appeal
any decision of any court nor shall any licensee
refuse to furnish a bond unless a particular at-
torney is to be retained. (Code 1966, ~ 29-33)
.Case law annotation-Act creating city courts (Laws 1923, Ch. 132, as amended by Laws 1927, Ch. 179) upheld against
several attacks of unconstitutionality. State v. Smith, 130 Kan. 228, 285 P. 542 (1930).
Cross references-Administration, Ch. 2; police, Ch. 30; municipal court costs and fees, App. A, Charter Ord. No. 18.
State law reference-Code of procedure for municipal courts, K.S.A. 12-4101 et seq.
1391
~ 23-21
SALINA CODE
Sec. 23-21. Sitting in spectator section of
courtroom prohibited.
Any licensee under this article who shall be
present in the courtroom in the police department
while court is in session shall sit back of the
railing in the chairs provided for spectators. (Code
1966, ~ 29-34)
Sec. 23-22. Recommending particular at-
torney prohibited.
It shall be unlawful for any licensee under this
article to recommend, directly or indirectly, any
particular lawyer to any client for whom a bond
has been executed. (Code 1966, ~ 29-35)
Sec. 23-23. Referring client to particular at-
torney or obtaining authorization
for attorney to represent client
prohibited.
It shall be unlawful for any licensee under this
article to directly or indirectly, refer any bail bond
client to any particular lawyer nor shall any li-
censee hereunder obtain from any bail bond client
any authorization which authorizes a lawyer to
represent or plead guilty in court the person for
whom a bond has been furnished. (Code 1966, ~
29-36)
Sec. 23-24. Referral of bail bond business for
compensation prohibited except
by licensed agent or employee.
It shall be unlawful for any licensee under this
article to directly or indirectly, payor promise to
payor give to any person, any compensation to
secure, send or refer, or for securing, sending or
referring bail bond business or clients to or for
the licensee unless the person be licensed as an
agent or employee of the licensee under the pro-
visions of this article. (Code 1966, ~ 29-37)
Sec. 23-25. Sale or acquisition of property
by licensee; notice.
(a) Any licensee under this article who shall
encumber, sell, or otherwise dispose of any prop-
erty listed in his application for a license, shall
forthwith notify in writing the city clerk of the
encumbrance, sale or disposal.
(b) If the licensee acquires other property to be
used as security for bonds, the licensee shall fur-
nish to the license collector a verified appraisal
thereof, as required in section 23-37. (Code 1966,
~ 29-38)
Sec. 23-26. limitation on amount of outstand-
ing bail bonds.
(a) It shall be unlawful for any licensee under
this article to execute and have outstanding at
anyone time bail bonds which exceed:
(1) The actual value of the certificate of deposit,
savings accounts or government bonds pledged
as security; or
(2) Seventy-five (75) percent of the equity value
of the real estate pledged as security.
(b) Violation of this provision shall be grounds
for revocation of the license. (Code 1966, ~ 29-39)
Secs. 23-27-23-35. Reserved.
DIVISION 2. LICENSE*
Sec. 23-36. Required.
(a) It shall be unlawful for any person other
than a surety company authorized to do business
in the state by the state insurance commissioner,
to demand or receive compensation for becoming
or providing surety on any bail bond, recognizance
bond, appeal bond, or other court bond unless
such person shall have a license issued by the city
as provided in this division.
(b) It is further provided that any person who
acts in writing bonds as the agent or employee of
any person licensed under the provisions of this
division, shall have a license issued by the city.
(Code 1966, ~~ 29-20, 29-22)
Sec. 23-37. Application.
Any person desiring to secure a license under
the provisions of this division shall make a veri-
fied application in duplicate, both of which copies
shall be filed with the city clerk, such application
*Cross reference-Licenses generally, Ch. 20.
1392
e
e
e
-
e
MUNICIPAL COURT
shall be upon a form provided by the city clerk
and shall contain:
(1) The name and residence of the applicant and
how long he has resided within the county;
(2) A statement that the applicant is not less
than eighteen (18) years of age and that he
has not within five (5) years immediately pre-
ceding making application been convicted of
a felony or any crime involving moral turpitude;
(3) The location and legal description of the real
property which will be pledged by the appli-
cant as security for the bonds, and whether
the real property is encumbered and the amount
of the encumberance, if any;
(4) The applicant shall file with this application
a verified appraisement of the real property
which is to be pledged by the applicant as
security for bond. The appraisement shall have
been made under oath by a member of the
American Institute of Real Estate Apprais-
ers or by a member of the Salina Real Estate
Board;
(5) The applicant shall file with this application
a current abstract opinion by a duly qualified
attorney at law or an owner's policy of title
insurance, in addition to a security instru-
ment to the city on the real property which is
to be pledged by the applicant, which instru-
ment shall be recorded in the office of the
county register of deeds and certified to the
city clerk;
(6) If certificates of deposit, savings accounts or
government bonds are to be pledged by the
applicant as security for the bail bonds, then
the applicant shall deliver to the city clerk,
with the application, the securities or pass-
books evidencing the same. (Code 1966, S 29-23)
Sec. 23-38. Applicant to be fingerprinted.
No application for the issuance of a license as
provided in this division shall be granted unless
the applicant be fingerprinted at police headquar-
ters, the fingerprints to be forwarded to the United
States Department of Justice. (Code 1966, ~ 29-24)
~ 23-39
Sec. 23-39. Examination of application; denial
or issuance.
(a) If the application for a license is in proper
form and accompanied by the license fee as pro-
vided in section 23-40, the chief of police shall
examine the application and after approval of the
chief of police the board of commissioners, if they
approve the same, shall issue a license to the
applicant, provided, that no license shall be is-
sued to:
(1) A person who is not a resident of the county
and who has not been a resident in good faith
of the county for at least one (1) year prior to
the filing of the application;
(2) A person, who, within five (5) years immedi-
ately preceding the date of making applica-
tion, has been convicted of a felony or of any
crime involving moral turpitude;
(3) A firm, unless one of the members of the firm
is a resident of the county and has resided in
the county for more than one (1) year preced-
ing the filing of the application for the li-
cense, and unless all the members of the firm
shall otherwise, excepting residence require-
ments, be qualified to obtain a license;
(4) A corporation, if any manager, officer or di-
rector thereof or any stockholder owning in
the aggregate more than twenty-five (25) per-
cent of the stock of such corporation, would
be ineligible to receive a license hereunder
for any reason other than nonresidence with
the county; provided however, that at least
one (1) manager, officer, director, shall com-
ply with the requirements of subsection (1)
above;
(5) A person who shall have any unsatisfied for-
feiture or judgment thereon entered on any
bail bond in any court of the city or the state
or the United States of America;
(6) A person unless the equity value of the real
estate owned by the applicant and used as
security for bonds shall be in excess of ten
thousand dollars ($10,000.00).
1393
~ 23-39
SALINA CODE
(b) The action of the board of commissioners
upon such license application shall show upon the
minutes of the commission meeting. If the license
is granted, the board of commissioners shall di-
rect the city clerk to issue the proper license. If
the application for license is refused, the license
fee shall be immediately returned to the person
who made the application. (Code 1966, ~ 29-25)
Sec. 23-40. Fees.
The license fees for persons who are covered by
the terms of this article are prescribed by section
2-2. (Code 1966, ~ 29-26)
Sec. 23-41. Revocation.
The board of commissioners, upon five (5) days
written notice to the person holding any license
under the provisions of this article, shall revoke
such license for any of the following reasons:
(1) If a licensee has fraudulently obtained the
license by giving false information in the ap-
plication therefor;
(2) If the licensee has been convicted in the mu-
nicipal court of violating any of the terms of
this article;
(3) If the licensee has become ineligible to obtain
a license under the provisions of this article.
(Code 1966, ~ 29-27)
Sec. 23-42. Suspension for violations not jus-
tifying revocation.
The chief of police, with the approval of the city
manager, upon five (5) days written notice to the
person holding any license issued under the pro-
visions of this division, shall have the authority
to suspend such license for a period of not to
exceed thirty (30) days for any violation of the
provisions of this article, which violation does not
in his judgment justify a recommendation of re-
vocation; provided, however, that the licensee may
appeal such order of suspension to the board of
commissioners within seven (7) days from the date
of such order. (Code 1966, ~ 29-28)
Sec. 23-43. List of licensees and fee sched-
ules; posting.
(a) The chief of police shall maintain a list of
persons licensed under the provisions of this divi-
sion. He shall post a copy of said list in a conspic-
uous place in the booking rooms in the police
station and a copy of the list on the wall adjacent
to the telephone in the jail on the second floor of
the police station. Such list shall contain, after
the name of the person licensed, the telephone
number of each licensee. Such list shall be changed
each week and the names and telephone numbers
of the licensees rotated in such a manner so as to
insure that no licensee shall receive any advan-
tage by reason of the licensees' name and tele-
phone number appearing first on the list.
(b) Each licensee shall furnish to the chief of
police a schedule of the minimum and maximum
fees charged by such licensee. The chief of police
shall post a copy of such fee schedule charged by
each licensee beside the list of persons licensed
under the provisions of this division and their
telephone numbers as herein provided. This sec-
tion shall not be construed as setting the fees of
the licensees and such licensees may charge such
fees as they may desire so long as the fee is within
the limits set forth in the schedule of fees fur-
nished to the chief of police by the licensee as
herein provided. (Code 1966, ~ 29-29)
[The next page is 1445]
1394
e
e
e
-
e
Chapter 24
NUISANCES.
Sec. 24-1. Defined.
For the purposes of this chapter, the word "nui-
sance" is hereby defined as any person doing an
unlawful act, or omitting to perform a duty, or
suffering or permitting any condition or thing to
be or exist, which act, omission, condition or thing
either:
(1) Injures or endangers the comfort, repose, health
or safety of others; or
(2) Offends decency; or
(3) Is offensive to the senses; or
(4) Unlawfully interferes with, obstructs or tends
to obstruct or renders dangerous for passage
any public or private street, highway, side-
walk, stream, ditch or drainage; or
(5) In any way renders other persons insecure in
life or the use of property; or
(6) Essentially interferes with the comfortable
enjoyment of life and property, or tends to
depreciate the value of the property of others.
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 24-2. Dlustrative enumeration.
The maintaining, using, placing, depositing, leav-
ing or permitting to be or remain on any public or
private property of any of the following items,
conditions or actions are hereby declared to be
and constitute a nuisance; provided, however, this
enumeration shall not be deemed or construed to
be conclusive, limiting or restrictive:
(1) Noxious weeds and other rank vegetation
including any vegetation on the right-of-
way abutting the owner's property;
(2) Accumulation of garbage, rubbish, trash,
refuse, junk and other abandoned materi-
als, metals, lumber or other litter which
creates an unsightly appearance;
(3) Any condition which provides harborage
for rats, mice, snakes and other vermin;
(4) Any building or other structure which is in
such a dilapidated condition that it is unfit
for human habitation, or kept in such an
unsanitary condition that it is a menace to
the health of people residing in the vicinity
thereof, or presents a more than ordinarily
dangerous fire hazard in the vicinity where
it is located;
(5) All unnecessary or unauthorized noises and
annoying vibrations, including animal noises;
(6) All disagreeable or obnoxious odors and
stenches, as well as the conditions, substances
or other causes which give rise to the emis-
sion or generation of such odors and stenches;
(7) The carcasses of animals or fowl not dis-
posed of within a reasonable time after death;
(8) The pollution of any public well or cistern,
stream, lake, canal or body of water by
sewage, dead animals, creamery, industrial
wastes or other substances;
(9) Any building, structure or other place or
location where any activity which is in vio-
lation of local, state or federal law is con-
ducted, performed or maintained;
(10) Any accumulation of stagnant water per-
mitted or maintained on any lot or piece of
ground;
.Cross references-Code for abatement of dangerous buildings, ~ 8-331 et seq.; violations of provisions on fences, walls and
hedges declared nuisances, ~ 8-411; fireworks declared as nuisance, ~ 14-58; health and sanitation, Ch. 17; housing nuisances
declared, ~ 18-5; offenses generally, Ch. 25; solid waste, Ch. 34; snow and ice on sidewalks declared a nuisance, ~ 35-251;
inoperable vehicles, ~ 38-81 et seq.; noise from motor vehicles, ~ 38-151 et seq.; diseased trees and shrubs, ~ 39-51 et seq.; water and
sewers, Ch. 41.
State law references-Authority for this chapter, K.S.A. 13-436; maintaining a public nuisance, K.S.A. 21-4106; permitting a
public nuisance, K.S.A. 21-4107.
1445
~ 24-2
SALINA CODE
(11) Dense smoke, noxious fumes, gas, soot or
cinders, in unreasonable quantities;
(12) Any vault or cesspool which abuts on any
street in which there is located a public
.sewer or which is sufficiently close to any
public sewer to have access thereto. (Code
1966, ~~ 15-6, 15-11, 15-24, 15-40, 15-41)
Sec. 24-3. Prohibited.
It shall be unlawful for any person to cause,
permit, maintain or allow the creation or main-
tenance of a nuisance.
Sec. 24-4. Inspection.
Any authorized city employee shall have the
authority and it shall be their duty to enter into
and examine at any and all times all buildings,
lots and places of all descriptions within the city
for the purpose of ascertaining the conditions thereof
so far as the public health may be affected there-
by; provided, that the personnel of the city shall
only have authority to enter private residences
for the purpose herein named and authorized to
do so by written order from the health officer. It
shall be unlawful for the owner or occupant of
any building or premises in the city to prevent or
attempt to prevent any employee of the city from
entering such building or premises or examining
the same for the purpose aforesaid during rea-
sonable hours.
Sec. 24-5. Notice to abate.
Whenever a nuisance is found to exist within
the city, the health officer or some other duly
designated officer of the city shall give written
notice to the owner or occupant of the property
upon which such nuisance exists or upon the per-
son causing or maintaining the nuisance. (Code
1966, ~~ 15-3, 15-12, 15-25)
Sec. 24-6. Contents of notice.
The notice to abate a nuisance issued under the
provisions of this chapter shall contain:
(1) An order to abate the nuisance or to request
a hearing within a stated time, which shall
be reasonable under the circumstances (five
(5) to twenty (20) days);
(2) The location of the nuisance, if the same is
stationary;
(3) A description of what constitutes the nuisance;
(4) A statement of acts necessary to abate the
nUIsance;
(5) A statement that if the nuisance is not abated
as directed and no request for hearing is made
within the prescribed time, the city will abate
such nuisance and assess the cost thereof
against such person. (Code 1966, ~~ 15-3, 15-12,
15-27)
Sec. 24-7. Service of notice.
Notice may be served upon the owner or agent
of the buildings, tenements or dwelling houses by
the health officer or by any member of the joint
city-county health department, or by any of the
members of the police department by delivering a
copy of the notice to the agent or owner, or by
leaving a copy of the notice at his usual place of
residence. If the agent or owner as aforesaid is a
nonresident of the state, the health officer shall
cause such notice to be served by publishing the
same in the official city paper, one publication
each week for at least two (2) weeks prior to the
date set for the hearing and a copy of such notice
shall be mailed to the address of such nonresident
owner or agent, in case his address can be ascer-
tained. (Code 1966, ~~ 15-3, 15-12, 15-26)
Sec. 24-8. Abatement by city.
(a) Upon the failure of the person upon whom
notice to abate a nuisance was served pursuant to
the provisions of this chapter to abate the same in
addition to the remedy of prosecution and enforce-
ment as provided in section 1-10, the health offi-
cer or other duly designated officer of the city
shall proceed to abate such nuisance and shall
prepare a statement of costs incurred in the abate-
ment thereof to be certified to the board of
commissioners.
(b) The abatement of a nuisance under the di-
rection of the health officer shall not be a defense
or excuse to the owner of a vehicle or property not
conforming with this chapter.
(c) The health officer shall adopt all necessary
measures for cleansing and purifying all build-
1446
e
e
e
-
e
ings, lots and other places, and for causing the
removal therefrom of all nauseous substances pro-
ducing a disagreeable odor or tending to cause
sickness or disease, and to cause the removal,
cleansing and abating of all nuisances under this
chapter, and he may do or cause to be done what-
soever in his judgment shall be necessary to carry
out such measures. (Code 1966, ~~ 15-3, 15-4, 15-12,
15-29, 15-42)
Sec. 24-9. Assessment of city's costs.
Any and all costs incurred by the city in the
abatement of a nuisance under the provisions of
this chapter shall be assessed against each lot or
piece of ground chargeable therewith, as a special
assessment. (Code 1966, ~~ 15-3,15-5,15-12,15-29,
15-44)
NUISANCES
~ 24-9
[The next page is 1497]
1447
e
e
e
-
e
Chapter 25
OFFENSES, MISCELLANEOUS PROVISIONS.
Art. I. In General, U 25.1-25.20
Art. II. Offenses Mfecting Governmental Functions, U 25-21-25-40
Art. III. Offenses Against the Person, U 25-41-25-55
Art. IV. Offenses Against Property, U 25-56-25-80
Art. V. Offenses Against the Public Peace, U 25-81-25-100
Art. VI. Offenses Against Public Safety, U 25-101-25-135
Div. 1. Generally, ** 25-101-25-115
Div. 2. Weapons, ** 25-116-25-135
Art. VII. Offenses Against Public Morals, U 25-136-25-185
Div. 1. Generally, ** 25-136-25-145
Div. 2. Sex Offenses, ** 25-146-25-160
Div. 3. Obscene Material, ** 25-161-25-175
Div. 4. Gambling, ** 25-176-25-185
ARTICLE I. IN GENERAL
Sec. 25-1. Offenses and construction of terms.
The provisions of the laws of the state relating
to misdemeanors in reference to offenses and con-
struction of terms insofar as the same relate to
and are applicable shall apply to this chapter.
(Code 1966, ~ 23-1)
Sec. 25-2. Aiding and abetting.
Every person who shall willfully assist or ad-
vise, aid or abet any other person in the commis-
sion of any of the offenses named in this chapter
shall, upon conviction thereof, be punished in the
same manner as the principal offender. (Code 1966,
~ 23-2)
State law reference-Liability for crimes of another, K.S.A.
21-3205.
Sec. 25-3. Attempts prohibited; punishment.
It shall be unlawful for any person to attempt
to commit any offense herein defined, and any
person who in such attempt shall do any act to-
ward the commission of any such offense but shall
fail in the perpetration thereof, or shall be pre-
vented or intercepted in executing the same, shall,
upon conviction thereof, be fined not to exceed
one-half of the greatest fine which may be im-
posed upon conviction of such offense or may be
sentenced for a term not to exceed one-half of the
greatest term which could be imposed upon con-
viction of such offense. (Code 1966, ~ 23-3)
State law reference-Attempt, K.S.A. 21-3301.
Sec. 25-4. Merger of attempt with completed
offense.
No person shall be convicted of an assault with
intent to commit an offense, or of any other at-
tempt to commit any offense, when it shall ap-
pear that the offense intended or attempted was
perpetrated by such person at the time of such
assault or in pursuance of such attempt. (Code
1966, ~ 23-4)
State law reference-Attempt, K.S.A. 21-3301.
Sec. 25-5. Spitting in public.
Any person who shall spit, expectorate or de-
posit any sputum, saliva, mucus, or any form of
saliva or sputum, upon the floor, stairway, or
upon any part of any theater, public hall or build-
ing, or upon the floor of any car or public convey-
ance in the city, or upon any sidewalk abutting
on any public street, alley or lane, shall be guilty
of a misdemeanor. (Code 1966, ~ 23-156)
*Cross references-Nuisances generally, Ch. 24; police, Ch. 30.
State law references-Crimes and punishments, K.S.A. Ch. 21; Kansas Criminal Code, K.S.A. 21-3101 et seq.
1497
~ 2&-6
SALINA CODE
Sec. 25-6. Physicians to report wounds, in-
juries.
Every physician or hospital in the city treating
any person for a wound inflicted by a dangerous
or deadly weapon of any kind, or for injuries re-
ceived in any accident involving a motor vehicle,
shall notify the police department as soon as prac-
ticable after rendering such treatment; provided,
that such report shall not be required if the police
department already has knowledge of such wound
or injuries. (Code 1966, ~ 23-154)
State law reference-Unlawful failure to report a wound,
K.S.A. 21-4213.
Sec. 25-7. Radio interference.
(a) Prohibited. It shall be unlawful for any per-
son knowingly or wantonly to operate or cause to
be operated, any wire or wires for carrying elec-
tric energy, or any machine, device, apparatus or
instrument of any kind whatsoever within the
corporate limits of the city, the operation of which
causes reasonably preventable electrical interference
with radio or television reception within the city;
provided, that X-ray pictures, examinations or
treatments may be made at any time if the ma-
chines or apparatus used therefor are properly
equipped to avoid all unnecessary or reasonably
preventable interference with radio and television
reception and are not negligently operated.
(b) Enforcement. The building official or any
police officer of the city or any person designated
by the city manager for such purpose, shall have
the right at any reasonable hour to enter any
place of business or other premises in the city for
the purpose of inspecting or locating or attempt-
ing to locate any wires, machine, device, appara-
tus or instrument of any kind whatsoever, which
is or may be kept or operated on any such prem-
ises in violation of the provisions of this section,
and any person who shall prevent or attempt to
prevent such building official or police officer or
any person designated by the city manager for
such purpose, from entering any premises in the
city for such purpose shall be deemed guilty of a
misdemeanor.
(c) Exemptions. This section shall not be held
or construed to embrace or cover the regulation of
any transmitting, broadcasting or receiving in-
strument, apparatus or device used or useful in
interstate commerce or the operation of which
instrument, apparatus or device is licensed or au-
thorized by or under the provisions of any act of
the Congress of the United States. (Code 1966, ~
23-155)
Sees. 25-8-25-20. Reserved.
ARTICLE II. OFFENSES AFFECTING
GOVERNMENT AL FUNCTIONS*
Sec. 25-21. Assaulting officer.
It shall be unlawful for any person to know-
ingly and willfully assault, beat or wound any
public officer, his deputy or lawful assistant, while
in the discharge of an official duty. (Code 1966, ~
23-43)
State law reference-Assault of a law enforcement officer
K.S.A. 21-3409. '
Sec. 25-22. Compounding or concealing of-
fense.
It shall be unlawful for any person, having knowl-
edge of the actual commission of any offense under
this Code or the ordinances of the city, to take
any money, property, gratuity or reward, or any
promise, engagement or undertaking thereof, upon
any agreement or understanding, express or im-
plied, to compound or conceal such offense, or to
abstain from any prosecution thereof, or to with-
hold any evidence thereof. (Code 1966, ~ 23-44)
State law reference-Compounding a crime, KS.A. 21-
3807.
Sec. 25-23. Escape-Defined.
As used in sections 25-24 and 25-25, "escape"
means departure from custody without lawful au-
thority or failure to return to custody following
temporary leave lawfully granted pursuant to ex-
press authorization of law or order of a court.
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
State law reference-Similar provisions, KS.A. 21-3809.
*Cross references-Administration, Ch. 2; resisting fire-
men, ~ 14-3.
State law reference-Crimes affecting governmental func-
tions, KS.A. 21-3801 et seq.
1498
e
e
e
-
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-43
Sec. 25-24. Same-Prohibition.
It shall be unlawful for any person to escape
from custody while held in lawful custody on a
charge or conviction of a misdemeanor. (Code 1966,
~~ 23-49, 23-51)
State law reference-Similar provisions, KS.A. 21-3809.
Sec. 25-25. Same-Aiding escape.
It shall be unlawful for any person to:
(1) Assist another who is in lawful custody on a
charge or conviction of a crime to escape from
such custody; or
(2) Supply to another who is in lawful custody
on a charge or conviction of crime, any object
or thing adapted or designed for use in mak-
ing an escape, with intent that it shall be so
used; or
(3) Introduce into an institution in which a per-
son is confined on a charge or conviction of
crime any object or thing adapted or designed
for use in making any escape, with intent
that it shall be so used. (Code 1966, ~ ~
23-45-23-48, 23-50, 23-52, 23-53)
State law reference-Similar provisions, KS.A. 21-3811.
Sec. 25-26. False calls and reports to police.
It shall be unlawful for any person to give or
cause to be given any false call or alarm for police
assistance, or to send or cause to be sent to any
police station or member of the police department
any false call for assistance or to knowingly make,
cause or help to be made a false report of the
commission of any crime to a member of the po-
lice department. (Code 1966, ~ 23-54)
State law reference-Falsely reporting a crime, KS.A.
21-3818.
Sec. 25-27. Impersonating officers or em-
ployees of the city prohibited.
It shall be unlawful for any person to exercise
or assume to exercise any of the powers conferred
upon any elected or appointed official, officer, em-
ployee or agent of the city or wear any badge or
insignia such as is provided or worn by any such
person, or who shall by signs or words or in any
way represent or hold himself out to be such per-
son, or to possess the powers and authority there-
of. (Code 1966, ~ 23-151.1)
State law reference-False impersonation, K.S.A. 21-3824.
Sec. 25-28. Resisting officer.
It shall be unlawful for any person to know-
ingly and willfully resist, oppose or obstruct any
police officer, his deputy or lawful assistant, while
in the discharge of his duty, or in making any
lawful arrest in this city. (Code 1966, ~ 23-57)
State law reference-Obstructing legal process on official
duty, KS.A. 21-3808.
Sees. 25-29-25-40. Reserved.
ARTICLE III. OFFENSES
AGAINST THE PERSON*
Sec. 25-41. Assault.
It shall be unlawful for any person to inten-
tionally threaten or attempt to do bodily harm to
another coupled with the apparent ability and
resulting in the immediate apprehension of bod-
ily harm. (Code 1966, ~ 23-147)
State law reference-Similar provisions, KS.A. 21-3408.
Sec. 25-42. Battery.
It shall be unlawful for any person to unlaw-
fully and intentionally touch or apply force to the
person of another, in a rude, insolent or angry
manner. (Code 1966, ~ 23-147.1)
State law reference-Similar provisions, KS.A. 21-3412.
Sec. 25-43. Harrassment by telephone.
It shall be unlawful for any person to use tele-
phone communication for any of the following
purposes:
(1) Making any comment, request, suggestion or
proposal which is obscene, lewd, lascivious,
filthy or indecent; or
(2) Making a telephone call, whether or not con-
versation ensues, with intent to abuse, threaten
or harass any person at the called number; or
*State law reference-Crimes against persons, KS.A. 21-3401
et seq.
1499
~ 25-43
SALINA CODE
(3) Making or causing the telephone of another
repeatedly to ring, with intent to harass any
person at the called number; or
(4) Making repeated telephone calls, during which
conversation ensues, solely to harass any per-
son at the called number; or
(5) Playing any recording on a telephone, except
recordings such as weather information or
sports information when the number thereof
is dialed, unless the person or group playing
the recording shall identify itself or himself
or herself and state that it is a recording; or
(6) Knowingly permitting any telephone :u.ooer
one's 'control tOM used f(}T 'l!l1l1Y <of the pur-
poses mentioned herein. (Code 1966, ~ 23-151)
State law reference-Similar provisions, K.S.A. 21-4113,
Sees. 25-44-25-55. Reserved.
ARTICLE IV. OFFENSES AGAINST
PROPERTY*
Sec. 25-56. Criminal trespass.
(a) It shall be unlawful for any person to enter
upon the land or into any structure, vehicle, air-
craft or watercraft of another or any part thereof;
or any land structure, vehicle, aircraft or water-
craft or any part thereof owned by the city or by
the county or the state all as may be located
within the corporate limits of the city, after re-
ceiving, prior to such entry, notice from the owner
or occupant, or any person having lawful control
thereof that such entry is forbidden, or remain
upon or within such property after receiving no-
tice from the owner or occupant or any person
having lawful control thereof to depart.
(b) A person has received notice from the owner
or occupant or any person having lawful control
thereof within the meaning of subsection (a) if he
has been notified personally, either orally or in
writing, or if a printed or written notice forbid-
.Cross references-Stealing, taking books and other prop-
erty from library, * 19-2; damaging books or property of li-
brary, * 19-4; purchasing stolen property by pawnbrokers and
secondhand dealers, * 33-20.
State law reference-Crimes against property, K.S.A. 21-3701
et seq.
ding such entry is conspicuously posted or exhib-
ited in a manner reasonably likely to come to the
attention of intruders. (Code 1966, ~~ 23-15,23-16)
State law reference-Criminal trespass, K.S.A. 21-3721.
Sec. 25-57. Littering.
It shall be unlawful for any person to sweep,
throw or deposit, in any manner, or cause the
same to be done upon any sidewalk, bridge or
street, or in or upon any alley, avenue or public
park or ground, or into or upon any lot or piece of
ground within the city, whether such lot shall
helong to himself or another, any shavings, paper,
paper cuttings, envelopes, wrappers, wrapping paper,
bins, dodgers, advertisements, or any scraps, or
anything whatsoover, which can be, or is likely to
be blown by the wind along the street or walks or
from place to place. (Code 1966, ~ 23-22)
Cross reference-Solid waste generally, Ch. 34.
State law reference-Littering, K.S.A. 21-3722.
Sec. 25-58. Malicious mischief.
It shall be unlawful for any person to willfully
and maliciously remove, cut, mar, displace, de-
face, break, dig up or quarry, injure, damage or
destroy the property of another, either public or
private which has a value of less than one hun-
dred dollars ($100.00). (Code 1966, ~ 23-23)
State law reference-Criminal damage to property, K.S.A,
21-3720.
Sec. 25-59. Water system property, hydrants;
damaging, tampering with.
It shall be unlawful for any person to open any
hydrant or loosen the bolts, screws or fastenings
thereof or put anything therein, or willfully, wan-
tonly or carelessly injure any water pipes or wan-
tonly or mischievously handle or meddle with the
same or any part thereof within the city; provid-
ed, that the provisions of this section with refer-
ence to opening and loosening any bolts or screws
and parts of such hydrants or insertion of any-
thing therein, shall not apply to the members of
the fire department of the city, the officers or
authorities of the city or to any person having
lawful authority to open, repair, touch or control
or use the same. (Code 1966, ~ 23-32)
State law reference-Criminal damage to property, K.S.A.
21-3720.
1500
e
e
e
-
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-80
Sec. 25-60. Theft.
It shall be unlawful for any person to steal,
take and carry away any money or personal prop-
erty or effects of another under the value of one
hundred dollars ($100.00). (Code 1966, ~ 23-24)
State law reference-Theft, KS.A. 21-3701.
Sec. 25-61. Embezzlement.
It shall be unlawful for any person to embezzle
any money, personal property or effects of anoth-
er, under the value of one hundred dollars ($100.00).
(Code 1966, ~ 23-19)
State law reference-Theft, K.S.A. 21-3701.
Sec. 25-62. False pretenses; obtaining prop-
erty by.
It shall be unlawful for any person with intent
to cheat or defraud another, to obtain from any
other person any money, property or valuable thing
of the value of less than one hundred dollars
($100.00), by means or by use of any trick or
deception, of false, fraudulent representation, or
statement or pretense, or by any other means,
instrument or device, or by means of any check or
by other written or printed or engraved instru-
ment or spurious coin or metal. (Code 1966, ~
23-20)
State law reference-Theft, K.S.A. 21-3701.
Sec. 25-63. Fruit; entering enclosure, carry-
ing away.
It shall be unlawful for any person to maliciously
or mischievously enter the enclosure of any per-
son and pick, destroy or carry away any apples,
pears, peaches, plums, grapes or other fruit of
any tree, shrub, bush or vine. (Code 1966, ~ 23-21)
State law reference-Theft, KS.A. 21-3701.
Sec. 25-64. Shoplifting.
It shall be unlawful for any person to willfully
take possession of any goods, wares or merchan-
dise under the value of one hundred dollars ($100.00)
offered for sale by any store or other mercantile
establishment with the intention of converting
the same to his own use without paying the pur-
chase price thereof. (Code 1966, ~ 23-29)
State law reference-Theft, K.S.A. 21-3701.
Sec. 25-65. Receiving stolen property.
(a) It shall be unlawful for any person to buy,
or in any way receive any goods, money, rights in
action, personal property or any valuable secu-
rity or effects whatsoever, that shall have been
stolen, embezzled or obtained from another in any
manner contrary to law, knowing that such goods,
money or personal property has been so obtained,
stolen or embezzled; provided, that if any such
person shall buy or receive any goods, money or
personal property so stolen, emJl:lezz1:ed or obtained
from a minor under the age of eighteen (18) years,
such fact shall be }\lrima facie evidence of knowl-
edge on the part of such person that the goods,
money or personal property so bought or received
were stolen, embezzled or obtained in a manner
contrary to law.
(b) In any complaint for any offense specified
in subsection (a), it shall not be necessary to waiv-
er, nor on the trial to prove that the principal who
embezzled, took, secreted or stole such property
has been convicted. (Code 1966, ~~ 23-27,23-28)
State law reference-Theft, KS.A. 21-3701.
Sec. 25-66. Taking, using property of another
temporarily.
It shall be unlawful for any person to take,
carry away and use any automobile or other ve-
hicle or conveyance or other personal property of
any kind, with intent to deprive the owner of the
temporary use thereof, against the owner's will
but not with the intent of stealing or converting
the same permanently to his own use. (Code 1966,
~ 23-31)
State law reference-Unlawful deprivation of property,
KS.A.21-3705.
Sees. 25-67-25-80. Reserved.
1501
~ 25-81
SALINA CODE
ARTICLE V. OFFENSES AGAINST
THE PUBLIC PEACE*
Sec. 25-81. Disorderly conduct.
It spall be unlawful for any person with knowl-
edge or probable cause to believe that such acts
will alarm, anger or disturb others or provoke an
assault or other breach of the peace to:
(1) Engage in brawling or fighting; or
(2) Disturb an assembly, meeting, or procession,
not unlawful in its character; or
(3) Use offensive, obscene, or abusive language
or engage in noisy conduct tending reason-
ably to arouse alarm, anger or resentment in
others. (Code 1966, ~ 23-107)
State law reference-Similar provisions, KS.A. 21-4101.
Sec. 25-82. Disturbing the peace.
It shall be unlawful for any person to willfully
disturb the peace and quiet of any person, family
or neighborhood. (Code 1966, ~ 23-109)
State law reference-Disorderly conduct, K.S.A. 21-4101.
Sec. 25-83. Public intoxication.
It shall be unlawful for any person, being on a
highway or street or in a public place or public
building, to be under the influence of intoxicating
liquor, narcotics or other drug to the degree that
one may endanger himself or other persons or
property, or annoy persons in his vicinity. (Code
1966, ~ 23-110)
Cross reference-Alcoholic beverages generally, Ch. 5.
State law reference-Similar provisions, KS.A. 21-4109.
Sec. 25-84. False fire alarms.
It shall be unlawful for any person to know-
ingly and willfully give a false alarm of fire. (Code
1966, ~ 23-111)
Cross reference-Fire prevention and protection, Ch. 14.
State law reference-Giving a false alarm, K.S.A. 21-4110.
.Cross reference-Disorderly conduct on premises having
billiards and pool tables, !i 6-157.
State law reference-Crimes against the public peace, KS.A.
21-4101 et seq.
Sec. 25-85. Unlawful assembly.
It shall be unlawful for three (3) or more per-
sons to assemble together in the city with intent
to do any unlawful act with force and violence
against the person or property of another, or to do
any unlawful act against the peace, or being law-
fully assembled, agree with each other to do any
unlawful act aforesaid, and make any movement
or preparation therefor. (Code 1966, ~ 23-113)
State law reference-Unlawful assembly, K.S.A. 21-4102.
Sec. 25-86. Loitering or trespassing on
grounds of any public or private
school or institution.
(a) It shall be unlawful for any person to loiter
or trespass on or about the premises and grounds
of any public or private school; of the public li-
brary; or around any assembly of persons at school
or public activities or athletic events whether or
not such events are being conducted by public or
private school authorities.
(b) It shall be unlawful for any person or stu-
dent who is not regularly enrolled in a public or
private school; or who has been suspended or dis-
missed from a public or private school; to persist
in staying or remaining on or about the premises
or grounds without any lawful purpose. (Code 1966,
~ 23-114)
Sees. 25-87-25-100. Reserved.
ARTICLE VI. OFFENSES AGAINST
PUBLIC SAFETY*
DIVISION 1. GENERALLY
Sec. 25-101. Abandoned iceboxes, other con-
tainers.
It shall be unlawful for any person to abandon,
store or discard in any public or private place
accessible to children any chest, closet, piece of
furniture, refrigerator, icebox or other article hav-
ing a compartment of a capacity of one and one-
half (l1f2) cubic feet or more and having a door or
.State law reference-Crimes against the public safety,
K.S.A. 21-4201 et seq.
1502
e
e
e
-
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-120
lid, or any person who, being the owner, lessee, or
manager of such place, to knowingly permit such
abandoned, stored or discarded article to remain
in such condition. (Code 1966, ~ 23-146)
State law reference-Creating a hazard, K.S.A. 21-4212.
Sees. 25-102-25-115. Reserved.
DIVISION 2. WEAPONS*
Sec. 25-116. Carrying concealed.
It shall be unlawful for any person, not being
an officer of the law, or a deputy to such officer, to
carryon his person in a concealed manner any
pistol, Bowie knife, dirk, slingshot, knucks or any
other deadly weapon. (Code 1966, ~ 23-124)
State law reference-Unlawful use of weapons, K.S.A.
21-4201.
Sec. 25-117. Discharge of firearms.
It shall be unlawful for any person to discharge
any gun, revolver, pistol or other firearms within
the city; provided, that the provisions of this sec-
tion shall not apply to the discharging of firearms
in any licensed shooting gallery or by a gunsmith
in his trade, or by officers of the law in the dis-
charge of their duties, or in the protection of per-
sons or property. (Code 1966, ~ 23-125)
Sec. 25-118. Hostile demonstrations with
dangerous weapons.
It shall be unlawful for any person to make any
demonstration in a hostile manner with any dan-
gerous or deadly weapon against the person or
property of another; provided, that the provisions
ofthis section shall not apply to officers of the law
and their deputies in the performance of their
duties. (Code 1966, ~ 23-126)
Sec. 25-119. Knucks; manufacturing, dealing
in, carrying, displaying.
It shall be unlawful for any person to manufac-
ture, sell, offer to sell, expose for sale, or carry
upon his person or display any weapon generally
called and known as "knucks." (Code 1966, ~ 23-127)
.State law reference-Weapons control, K.S.A. 21.4201 et
seq.
Sec. 25-120. Nonpowder propelled guns.
(a) As used in this section:
(1) Nonpowder propelled gun shall mean any
weapon or device by whatever name known,
which is designed to expel a projectile by the
action of compressed air or gas, a spring or
elastic, but does not mean a firearm or deadly
weapon.
(2) Youth shall mean any person under the age
of eighteen (18) years.
(b) It shall be unlawful for any person to sell,
give, lend, barter or otherwise transfer any
nonpowder propelled gun to a youth, except by
the express consent of the parent, guardian or
adult instructor of such youth.
(c) It shall be lawful for a person under the age
of eighteen (18) years to have in his possession
any nonpowder propelled gun if the gun is:
(1) Kept within his residence and is used solely
in or on any private grounds or residence
under such circumstances that such nonpowder
propelled gun can be fired, discharged or op-
erated in such manner so as not to endanger
persons or property and also in such manner
as to prevent the projectile from traversing
any grounds or space outside the limits of
such grounds or residence; or
(2) Used by the youth if he is a duly enrolled
member of any club, team or society organ-
ized for educational purposes and maintain-
ing as part of its facilities, or having written
permission to use, an indoor or outdoor rifle
range; to possess, load or fire at such rifle
range under the supervision, guidance and
instruction of an adult.
(d) It shall be unlawful for any youth to carry
any nonpowder propelled gun on the streets, al-
leys, public highways or public lands within the
city, unless accompanied by an adult; provided
however, that the youth may carry such gun, un-
loaded, in a suitable case or securely wrapped.
(e) It shall be unlawful for any person to dis-
charge any nonpowder propelled gun from any
automobile vehicle or from upon or across any
street, sidewalk, alley, public highway or public
1503
~ 25-120
SALINA CODE
place within the city, except on a properly con-
structed target range.
(f) It shall be unlawful for any person to falsely
represent himself or any other person as being
over eighteen (18) years of age in order to pur-
chase or otherwise obtain a non powder propelled
gun. (Code 1966, ~~ 23-128-23-133)
Sec. 25-121. BB guns.
(a) It shall be unlawful for any person to dis-
charge any air gun or gun commonly called "BB,"
shooting bullets or shot.
(b) It shall be unlawful for any parent or guard-
ian to knowingly permit a minor under his care
to carry upon the streets or alleys of the city an
air gun or gun commonly called "BB." (Code 1966,
~~ 23-134, 23-135)
Sees. 25-122-25-135. Reserved.
ARTICLE VII. OFFENSES AGAINST
PUBLIC MORALS.
DIVISION 1. GENERALLY
Sec. 25-136. Peeping Toms.
It shall be unlawful for any person to go upon
the property owned or occupied by another for the
purpose of looking into or peeping into any win-
dow, door, skylight or other opening in a house.
(Code 1966, ~ 23-88)
Sees. 25-137-25-145. Reserved.
DIVISION 2. SEX OFFENSESt
Sec. 25-146. Bawdy house.
(a) It shall be unlawful for any person to set up
or keep a bawdy house or brothel.
(b) It shall be unlawful for any person to know-
ingly lease or let to another any house or other
.Cross reference-Profane, indecent language on premises
having billiards and pool tables, ~ 6-157.
State law references-Sex offenses, KS.A. 21-3501 et seq.;
crimes against the public morals, K.S.A. 21-4301 et seq.
tstate law reference-Sex offenses, K.s.A. 21-3501 et seq.
building for the purpose of being used or kept as a
brothel, or bawdy house.
(c) It shall be unlawful for any person to ap-
pear or act as master or mistress, or have the care
or management of any brothel or bawdy house.
(Code 1966, ~~ 23-69-23-71)
State law reference-Promoting prostitution, KS.A. 21-3513.
Sec. 25-147. Committing, offering to commit
lewd act, prostitution, perversion.
It shall be unlawful for any person to commit or
offer to commit a lewd act or an act of prostitution
or moral perversion. (Code 1966, ~ 23-72)
State law reference-Prostitution, K.S.A. 21-3512.
Sec. 25-148. Indecent exposure.
It shall be unlawful for any person to appear in
any public place in a state of nudity or indecently
clad, or make any indecent public exposure of
one's person, or behave in any indecent or lewd
manner, or commit any indecent or lewd act of
any kind. (Code 1966, ~ 23-79)
State law reference-Lewd and lascivious behavior, KS.A.
21-3508.
Sec. 25-149. Frequenting houses of ill fame;
maintaining prostitute.
It shall be unlawful for any person to be a
visitor to, for immoral or unlawful purposes, any
bawdy house, house of prostitution, house of ill
fame or assignation house. (Code 1966, ~ 23-80)
State law reference-Patronizing a prostitute, KS.A. 21-3515.
Sec. 25-150. Pimps and procurers.
It shall be unlawful for any person to act as a
pimp, procurer or procuress for or solicit, procure,
entice or induce any person to enter any bawdy
house, house of prostitution, house of ill fame or
assignation house, or be in any way connected
with the keeping, management or operation of
any such house, or be an inmate or lodger in any
such house or solicit any person in this city for
illicit sexual intercourse or other immoral pur-
poses or any sexual perversion. (Code 1966, ~ 23-89)
State law reference-Promoting prostitution, KS.A. 21-3513.
1504
e
e
e
-
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-162
Sec. 25-151. Prostitution, fornication, con-
cubinage-Procuring, inducing
female for.
(a) It shall be unlawful for any person to know-
ingly persuade, induce, entice or procure, or as-
sist in persuading, inducing, enticing or procur-
ing any female person for the purpose of prostitution,
fornication or concubinage to enter or remain in
any house of prostitution, or any place where prosti-
tution, fornication or concubinage is practiced,
permitted or allowed, or by any means whatever,
detain any female person, for the purpose of pros-
titution, fornication or concubinage in any such
house or place, or persuade, induce, entice or pro-
cure, or assist in persuading, inducing, enticing
or procuring any female person for the purpose of
prostitution, fornication or concubinage, to go from
one place to another within this city, for the pur-
pose of prostitution, fornication or concubinage;
provided, that no conviction shall be had on the
uncorroborated testimony of the woman.
(b) It shall be unlawful for any person to keep
or maintain or assist in keeping or maintaining a
house or other place of prostitution, fornication or
concubinage, or where the same is practiced per-
mitted or allowed, on premises owned or leased
by such person or under his control.
(c) It shall be unlawful for any person to solicit,
procure, entice or induce any male person to enter
any house of prostitution or any place where prosti-
tution, fornication or concubinage is practiced,
permitted or allowed. (Code 1966, ~ 23-92)
State law reference-Prostitution, K.S.A. 21.3512 et seq.
Sec. 25-152. Street walking.
It shall be unlawful for any female person to
parade on any street, avenue, alley or other pub-
lic grounds for the purpose of inducing or encour-
aging men to follow her for the purpose of prosti-
tution, or who, being a common prostitute, advertises
her means of livelihood upon any street, avenue,
alley or other public grounds, building or place,
or any male person, being found in the company
of any female street walker or prostitute on any
street, avenue, alley or other public grounds or
building. (Code 1966, ~ 23-96)
State law reference-Prostitution, K.S.A. 21.3512.
Sees. 25-153-25-160. Reserved.
DIVISION 3. OBSCENE MATERIAL*
Sec. 25-161. Lewd, indecent shows, exhibi-
tions,advertisements therefor.
It shall be unlawful for any person to exhibit,
perform or take part in any immoral, indecent or
lewd play or exhibition, show, performance or other
representation, or advertise any picture show, show
or performance or exhibition of any kind by put-
ting or placing in any public place any lewd or
indecent picture, print, model or other thing. (Code
1966, ~ 23-81)
Sec. 25-162. Obscene literature-Generally;
test.
(a) Prohibited. It shall be unlawful for any per-
son to import, print, publish, sell, design, prepare,
loan, give away or distribute any book, magazine,
newspaper, writing pamphlet, ballad, printed paper,
print, picture, drawing, photograph, publication
or other thing, containing obscene, immoral, lewd
or lascivious language, or obscene, immoral, lewd
or lascivious prints, pictures, figures or descrip-
tions, manifestly tending to the corruption of the
morals of persons, or shall introduce into any
family, school or place of education or shall buy,
procure, receive or have in his possession, any
such book, pamphlet, magazine, newspaper, writ-
ing, ballad, printed paper, print, picture, draw-
irig, photograph, publication or other thing, ei-
ther for the purpose of sale, exhibition, loan or
circulation, or with intent to introduce the same
into any family, school or place of education.
(b) Test. The test to be applied in cases under
this section shall not be whether sexual desires or
sexually improper thoughts would be aroused in
those comprising a particular segment of the com-
munity, the young, the immature or the highly
prudish, or would leave another segment, the sci-
entific or highly educated or the so-called worldly
.Cross references-Obscene performances at carnivals, cir-
cuses and tent shows, * 6-18; obscene, indecent words or music
or music machines, * 6-131.
State law reference-Promoting obscenity, K.S.A. 21-4301
et seq.
1505
~ 26-162
SALINA CODE
wise and sophisticated, indifferent and unmoved.
But such test shall be the effect of the book, pic-
ture or other subject to complaint considered as a
whole, not upon any particular class, but upon all
those whom it is likely to reach, that is, its im-
pact upon the average person in the community.
The book, picture or other subject of complaint
must be adjudged as a whole in its entire context,
not by considering detached or separate portions
only, and by the standards of common conscience
of the community of the contemporary period of
the violation charged. (Code 1966, ~ 23-83)
Sec. 25-163. Same-Publication, distribution.
It shall be unlawful for any person to publish or
distribute for resale or for reading or other pe-
rusal any book, magazine or pamphlet, so com-
posed as to constitute a compilation of pictures,
illustrations, caricatures, cartoons, words, stories
and advertisements, or any combination or com-
binations thereof, featuring and primarily devoted
for the purpose of commercial exploitation, to the
description or portrayal or suggestion of illicit
sex, or sexual relations, of perversion, lust or sex-
ual passion, pr to any combination or combina-
tions thereof. (Code 1966, ~ 23-84)
Sec. 25-164. Same-Requiring purchase.
It shall be unlawful for any person, as a condi-
tion to a sale, allocation, consignment or delivery
for resale of any paper, magazine, book, periodi-
calor publication, to require that the purchaser
or consignee receive for resale any other article,
book or other publication which is contrary to
section 25-162, or to deny or threaten to deny any
franchise or impose or threaten to impose any
penalty, financial or otherwise, by reason of the
failure of any person to accept such articles, book
or publications, or by reason of the return there-
of. (Code 1966, ~ 23-85)
Sec. 25-165. Same-Indecent, immoral pic-
tures, post cards.
It shall be unlawful for any person to manufac-
ture, print, paint or letter any post card with an
indecent or immoral picture of any words or sen-
tence on such cards of a suggestive or immoral
nature or character, or keep for sale or for the
purpose of giving away such indecent, immoral or
suggestive post cards or have the same in one's
place of business for the purpose of selling same
or giving them away. (Code 1966, ~ 23-86)
Sec. 25-166. Obscene writings, pictures on
structures.
It shall be unlawful for any person to write or
inscribe upon the wall or door of any public build-
ing, or upon any privy, fence, bridge or other
structure, any obscene or vulgar picture, design
or words. (Code 1966, ~ 23-87)
Sees. 25-167-25-175. Reserved.
DIVISION 4. GAMBLING*
Sec. 25-176. Prohibition.
It shall be unlawful for any person to directly
or indirectly bet any money or property or any
representative thereof at or upon any gaming table,
bank or gambling device, or upon the result of the
movement of any wheel, or other device, or the
throwing of dice, or upon the result of any game
of skill or chance, whether with dice or cards, or
other thing, or hazard money or property upon
chance to be determined by means of any kind of
a device or bet upon any game played by any kind
of a gambling device. (Code 1966, ~ 23-73)
Sec. 25-177. Keeping devices, tables or places.
It shall be unlawful for any person to set up or
keep any table or gambling device commonly called
ABC, faro bank, EO, roulette, equality, keno, wheel
of fortune, or any kind of gambling table or gam-
bling device adapted, devised and designed for
the purpose of playing any game of chance for
money or property or induce, entice, or permit
any person to bet or play at or upon any such
gaming table or gambling device, either on the
side of or against the keeper thereof, or keep a
place or room to be used as a place for playing
*Cross references-Gambling prohibited in carnivals, cir-
cuses and tent shows, ~ 6-17; gambling prohibited in food
establishments having entertainment, ~ 6-77; gambling on
premises having billiards and pool tables, ~ 6-158.
State law reference-Gambling, K.S.A. 21-4302 et seq.
1506
e
-
e
-
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-183
any game of cards for money or property, or keep
a common gaming house, or keep a house, room
or place to which persons are accustomed to re-
sort for the purpose of gambling. (Code 1966, ~
23-74)
Sec. 25-178. Permitting on premises.
It shall be unlawful for any person to permit
any gambling table, bank or device prohibited by
section 25-177 to be set up or used for the purpose
of gambling, in any such house, building, shed,
booth, shelter, lot or other premises to him be-
longing, or by him occupied, or of which he has at
the time possession or control. (Code 1966, ~ 23-75)
Sec. 25-179. Leasing premises for.
It shall be unlawful for any person to know-
ingly lease or rent to another any house, build-
ing, shed, booth, lot or other place or premises, or
any part thereof, for any of the unlawful purposes
mentioned in sections 25-177 and 25-178. (Code
1966, ~ 23-76)
Sec. 25-180. Places declared nuisances;
abatement.
All places used for any of the unlawful pur-
poses as mentioned in section 25-177, are hereby
declared to be common nuisances, and upon the
judgment of the municipal court of this city find-
ing such place to be a nuisance under this divi-
sion, the chief of police shall be directed to abate
and shut up such places by taking possession of
all devices and all other property used in keeping
and maintaining such nuisance and such personal
property so taken shall forthwith be publicly de-
stroyed by such officer. (Code 1966, ~ 23-77)
Sec. 25-181. Procedure for forfeiture of de-
vices.
Upon the filing of a complaint charging that a
place is kept or maintained as a common nui-
sance as stated in section 25-180 by any person
and that gaming tables, gambling devices, or such
other property as is generally used and kept in
maintaining a common gaming house, are kept or
maintained therein, a warrant shall be issued
commanding the officer to whom it is directed to
arrest the person in such complaint charged and
described, and seize and take into his custody
such gaming tables and gambling devices and
other property described in the complaint which
he may find in such place, or upon such places,
and safely keep the same subject to the order of
the court. The complaint shall describe the prem-
ises to be searched with sufficient particularity to
identify the same, and shall describe the gaming
tables or other gambling devices or other prop-
erty alleged to be used in maintaining the same
as particularly as practicable; but any descrip-
tion, however general, that will enable the officer
executing the warrant to identify the property to
be seized and the person to be arrested shall be
deemed sufficient. Upon the return of the war-
rant, the court shall proceed against the person
arrested, and it shall be the duty of the municipal
judge to fix a day for a hearing as to the personal
property seized, and to cause a notice thereof to
be served upon the owner of the gaming tables
and gambling devices and other property so seized,
or upon his agent or other person in possession or
control of the same, that the property has been so
taken, and requiring him to appear on the day
and answer the complaint made against such gam-
ing tables, gambling devices and other property,
and show cause, if any he has, why the same
should not be adjudged forfeited and ordered de-
stroyed; the time and mode of service to conform
as nearly as may be to the law providing for the
service of summons in civil action. (Code 1966, ~
23-78)
Sec. 25-182. Lotteries.
It shall be unlawful for any person to make,
establish, promote or aid or assist in making,
establishing, promoting, or in any manner be con-
cerned, either by writing or printing or otherwise,
in making, establishing or promoting any lottery,
gift enterprise, policy or scheme of drawing in the
nature of a lottery, whether the same is being or
is to be conducted, held or drawn within the city.
(Code 1966, ~ 23-82)
Sec. 25-183. Punchboards, slot machines-
Prohibited.
It shall be unlawful for any person to set up or
keep or have in his possession in any public or
private place in the city any punchboard or slot
1507
~ 25-183
SALINA CODE
machine or other gambling device, devised or de-
signed for the purpose of playing any game of
chance for money or property, including punch-
boards, slot machines or any other gambling de-
vice wherein money or goods are received with
every punchboard, but the amount to be paid
depends upon the number punched, played or drawn,
or where a capital prize or any additional prize
may be received or where tokens are received, or
to induce, entice or permit any person to bet or
wager or pay money upon any such punchboard,
slot machine or other gambling device or devices
as above described. (Code 1966, ~ 23-93)
Sec. 25-184. Same-Condemnation, destruc-
tion upon conviction.
Upon conviction of any person under the provi-
sions of section 25-183, the municipal judge shall,
as a part of his judgment, order the destruction of
all such punch boards, slot machines or other
gambling devices or material used by or in the
possession of the defendant, and the chief of po-
lice shall execute such judgment by publicly de-
stroying or causing to be destroyed such punch-
boards, slot machines or other gambling device or
equipment by burning or otherwise, which destruc-
tion shall take place after such devices are no
longer needed as evidence. (Code 1966, ~ 23-94)
Sec. 25-185. Same-Seizure and confiscation.
It shall be the duty of the police officers of the
city to seize and take possession of any slot ma-
chines or other gambling devices as defined by
section 25-183 wherever the same may be found
in the city, and to arrest the owner thereof and
any person in control or possession of such ma-
chine if he can be found, and/or if no person claims
the same as owner or otherwise within ten (10)
days after the same shall have been seized, the
chief of police is hereby authorized and directed
to destroy any such machine without further no-
tice to the owner thereof. (Code 1966, ~ 23-95)
[The next page is 1559]
1508
e
e
e
-
e
Chapter 26
OIL AND GAS.
Art.
Art.
I. In General, U 26-1-26-15
II. Permit, U 26-16-26-26
ARTICLE I. IN GENERAL
Sec. 26-1. Rights of landowners.
Neither this chapter nor any permit issued here-
under shall be interpreted to grant any right or
license to the permittee to enter upon or occupy
in any respect, in the drilling or production oper-
ations, any land except by the written consent of
the owner; nor shall it limit or prevent the free
right of any landowner to contract for the amount
of royalty to be paid with respect to his own land.
(Code 1966, S 24-14)
Sec. 26-2. Removal of equipment required.
It shall be the duty of every person to whom a
permit may be issued as provided in this chapter,
after the well has been drilled in the event the
same is a dry hole or abandoned, to remove the
derrick, drilling tools, equipment and machinery
from the location of the well and to restore the
premises to their original condition, as nearly as
it is practical, and to see that the well is properly
plugged. If oil or gas is produced from such well,
then it shall be the duty of the holder of the
permit upon the completion of the drilling of the
well to remove all machinery, equipment and ma-
terial not necessary to be retained for use in the
production of the oil or gas from such well, and
insofar as can be done, consistent with the pro-
duction from such well to restore the premises to
their original condition as nearly as practical. All
of which, either in the event of a dry hole or a
producing well, shall be done within sixty (60)
days after completion of the drilling of the well.
(Code 1966, S 24-15)
Sec. 26-3. Conveyance of oil out of city re-
quired; temporary storage; fencing
of excavations and slush ponds.
In operating under any permit issued under
this chapter, all oil, gas and water produced or
.State law reference-Oil and gas, K.S.A. Ch. 55.
arising from the operations, shall be piped or oth-
erwise conveyed or removed from the limits of the
city except the ordinary use of slush pond and the
temporary storage of not to exceed five hundred
(500) barrels of oil for each well; and all excava-
tions and slush ponds shall be completely enclosed
with six (6) foot woven wire fencing. The laying of
any pipe lines by any permittee shall be done
under the supervision of the city engineer. (Code
1966, S 24-16)
Sec. 26-4. Fencing of storage facilities.
(a) All crude petroleum tank batteries, includ-
ing but not limited to, receiving tanks, storage
tanks, catwalks and diked areas and all pump
jacks and motors shall be securely and perma-
nently fenced by a six (6) foot chain link fence,
topped by three (3) strands of barbed wire. Any
gate installed for operative use in such fence shall
be designed of like or equivalent material and
shall be securely locked at all times and adapt-
able to opening only by key.
(b) Production of crude petroleum from subsur-
face within the city, except after strict compli-
ance, as a condition precedent, with the requi-
sites of this section, is hereby prohibited. (Code
1966, S 24-17)
Sees. 26-5-26-15. Reserved.
ARTICLE II. PERMIT
Sec. 26-16. Required.
It shall be unlawful for any person to commence
the drilling of a well for oil or gas within the city
limits without first having procured from the city
a permit therefor to be issued by authority of the
board of commissioners in accordance with the
terms and conditions of this article. (Code 1966, S
24-1)
1559
~ 26-17
SALINA CODE
Sec. 26-17. Application.
Before any permit shall be granted for the com-
mencement of a well for the production of oil or
gas, an application therefor shall be filed with
the city clerk. Such application shall show:
(1) That the applicant has good and valid oil and
gas leases from property owners covering at
least a ten (10) acre tract;
,(2) Evidence of agreement in writing between
the lessee or lessees, and the lessors, if more
than one, providing for a pooling of all royal-
ties arising from said production on said tract,
to be distributed to the property owners in
accordance with the number of acres of each
owner in the tract;
(3) Such application shall be accompanied by a
plat or map of such tract showing the pro-
posed location of the well, which location shall
in no instance be closer than three hundred
(300) feet of any boundary line of the tract
unless by the unanimous vote of the commis-
sioners but not upon any street or alley. Such
map shall show the location of each residence
upon the tract and all improvements;
(4) A drilling agreement providing adequate pro-
tection to the parties in interest, by enclosing
the drilling rig on all sides, equipping the
same with adequate fire extinguishers, which
are to be kept in good order; including a rea-
sonable and adequate plan for the handling
of the slush, basin sediment and salt water
that may be produced in the drilling of the
well; and facilities for handling production to
the end that it may not be necessary to store
oil on the area in excess of five hundred (500)
barrels per well. Such agreement or agree-
ments shall make further provisions that in
the event the well is a dry hole, or nonpro-
ductive of either oil or gas, all materials, equip-
ment, tools and machinery of every kind and
character shall be removed therefrom within
sixty (60) days and the premises fully restored
to their original condition as nearly as prac-
tical. (Code 1966, ~ 24-2)
Sec. 26-18. Bond or deposit.
A good and sufficient surety bond, signed by
the applicant for a drilling permit hereunder and
by a corporate surety authorized to do business in
the state, or a cash deposit in such amount as
deemed sufficient by the board of commissioners,
but in no event less than five thousand dollars
($5,000.00) shall be tendered to the board and
approved by the city clerk prior to the issuance of
a permit pursuant to the terms of this chapter,
conditioned upon faithful compliance with the terms
and conditions of this chapter, and further condi-
tioned upon saving and holding the city free and
harmless from any damage resulting to the city
as a result of drilling, pumping, repairing or other
operations by the permittee, the laying of pipe
lines, the setting of tanks or as result of moving
machinery and equipment over any street in the
city; provided, that the permittee or his or its
assigns shall pay the annual premium due upon
said surety bond within ten (10) days following
expiration of each year and file a receipt therefor
in the office of the city clerk. (Code 1966, * 24-3)
Sec. 26-19. liability insurance.
Each permittee hereunder shall carry and main-
tain public liability insurance on each well or
group of wells, with limits of not less than the
maximum liability for claims which could be as-
serted against the city, for any number of claims
arising out of a single occurrence or accident under
the Kansas Tort Claims Act, as amended and
shall deposit proof of payment of renewal premi-
ums thereon with the city clerk. (Code 1966, *
24-4)
Sec. 26-20. Issuance.
Upon the filing of an application for a drilling
permit, the same shall be considered by the board
of commissioners and if the board of commission-
ers shall deem such application adequate and the
drilling of the well not injurious to public or pri-
vate property, the same shall be granted. (Code
1966, * 24-6)
1560
e
e
e
-
e
OIL AND GAS
Sec. 26-21. Denial.
(a) The board of commissioners shall have the
power and reserves the authority to refuse any
application for a permit where by reason of the
proposed application for the proposed well, and
character and value of the permanent improve-
ments already erected on the tract applied for, or
adjacent thereto, and the uses to which the land
and surroundings are adapted for civic purposes
or for sanitary reasons, the drilling of a gas or oil
well will be a serious disadvantage to the city and
to its inhabitants as a whole; provided, that when
a permit shall be refused for any of these reasons,
but not otherwise, the deposit or cash paid with
the application shall be returned to the applicant.
Except as hereinbefore provided if any applica-
tion is found by the board of commissioners to
comply in all respects with this chapter, the city
clerk shall be authorized to issue a permit for the
drilling of the well provided for.
(b) If a permit is denied, the filing fee shall be
refunded to the applicant. (Code 1966, ~~ 24-7,
24-8)
Sec. 26-22. Permit to specify location; drilling
elsewhere prohibited.
A drilling permit hereunder shall specify the
particular location of the well to be drilled, and it
shall be unlawful for the permittee to drill else-
where in the tract. (Code 1966, ~ 24-9)
Sec. 26-23. Applicant must have right to drill.
No permit shall be granted or issued for the
drilling of a well except upon ground held by the
applicant under oil and gas mining lease, or grant,
~ 26-26
or drilling contract from the owner giving the
owner's permission to drill the well. (Code 1966, ~
24-10)
Sec. 26-24. Duration.
No permit which shall be issued under this
article, or any rights, privileges or franchise granted
hereby or hereunder, shall exist longer than for a
period of ten (10) years from the date of the issu-
ance of the permit or as long thereafter as oil
and/or gas is produced from the tract. (Code 1966,
~ 24-12)
Sec. 26-25. Termination.
When a drilling permit shall have been issued,
the same shall terminate and become inoperative
without any action on the part of the board of
commissioners, unless within sixty (60) days from
the date of issue of such permit actual drilling of
the well shall have been commenced, and after
the drilling of a well shall have commenced, the
cessation for a like period of the drilling opera-
tions shall cancel the permit, and the well shall
be considered as abandoned for all purposes of
this chapter and it shall be unlawful thereafter to
continue drilling of such well without the issu-
ance of another permit. (Code 1966, ~ 24-11)
Sec. 26-26. Revocation.
Upon default by a permittee in complying with
any provisions of this chapter, the board of com-
missioners may revoke any permit hereunder, after
five (5) days' notice to the permittee by registered
mail. Thereupon the permittee shall cease and
desist from all operations under and pursuant to
any such permit. (Code 1966, ~ 24-13)
[The next page is 1611]
1561
e
e
e
e
e
Chapter 27
PARKS AND RECREATION*
Art. I. In General, H 27-1-27-15
Art. II. Park Regulations, ~~ 27-16, 27-17
ARTICLE I. IN GENERAL
Sees. 27-1-27-15. Reserved.
ARTICLE II. PARK REGULATIONS
Sec. 27-16. Closing hours of Sunset Park.
(a) Sunset Park within the city shall be closed
to the general public between the hours of 11:00
p.m. and 5:00 a.m., except for those activities as
specified in subsections (b) and (c).
(b) No persons, other than law enforcement of-
ficers and city employees engaged in city busi-
ness, shall either enter or remain within Sunset
Park in the city when the park is to be closed to
the general public.
(c) Upon written application and approval of
any person or organizations, the city manager is
authorized to waive the provisions of subsections
(a) and (b) if, in his discretion, he determines the
requested purpose would not be detrimental to
the parks or adjacent property owners. (Code 1966,
~ ~ 25-7-25-9)
Sec. 27-17. Animals prohibited in parks.
It shall be unlawful for any person willfully to
bring into any public park within the city any
dog, either loose or on a leash, or any other ani-
mal which while in any public park may injure in
any manner whatsoever, flowers, flowering plants,
shrubs or trees growing in a public park. (Code
1966, ~ 25-2)
Cross reference-Animals generally, Ch. 7.
.Cross reference-Streets, sidewalks and other public places, Ch. 35.
State law reference-Public recreation and playgrounds generally, K.S.A. 12-1901 et seq.
[The next page is 1661]
1611
e
e
e
-
e
PEDDLERS AND SOLICITORS
Chapter 28
Sec. 28-1. Licensing.
(a) The following shall be required to have a
license pursuant to chapter 20:
(1) Canvassers (itinerant or transient canvassers,
or book, map or picture agents or salesmen);
(2) Ice cream vendors (vendors selling ice cream
or soft drinks from vehicles);
(3) Photographers, itinerant (itinerant or tran-
sient photographers soliciting business or tak-
ing pictures and selling the same in the city).
(b) License fees under this section shall be as
prescribed in section 2-2. (Code 1966, ~~ 20-43,
20-50, 20-59)
Cross reference-Licenses generally, Ch. 20.
Sec. 28-2. Invitation required to enter resi-
dential premises.
(a) The practice of going in and upon private
premises in the city by solicitors, peddlers, hawk-
ers, itinerant merchants and transient vendors of
merchandise, not having been requested or invited
so to do by the owner or owners, occupant or
occupants of the private residences, for the pur-
pose of soliciting orders for the sale of goods, wares
and merchandise, and/or for the purpose of dis-
posing of and/or peddling or hawking the same, is
hereby declared to be a nuisance and punishable
as such nuisance as a misdemeanor.
(b) The chief of police and police force are hereby
required and directed to suppress the same, and
to abate any such nuisance as is described in this
section. (Code 1966, ~ 23-153)
Sec. 28-3. Sales from vehicles on improved
public streets.
It shall be unlawful for any person to solicit,
peddle, hawk, vend, barter, seIl or offer for sale
any goods, wares, beverages, food products or other
merchandise from any vehicle while the vehicle
is located upon the improved portion of any street,
avenue, boulevard or alley within the city; pro-
vided, however, that this shall not be construed
to prevent the delivery of previously ordered mer-
chandise. (Code 1966, ~ 23-155.1)
[The next page is 1711]
1661
-
e
e
e
e
e
Chapter 29
PLANNING *
Art. I. In General, U 29-1-29-15
Art. II. City Planning Commission, H 29-16-29-35
Art III. North Central Regional Planning Commission, ~ ~ 29-36-
29-42
ARTICLE I. IN GENERAL
Sec. 29-1. Application fees.
(a) Every planning or zoning application or re-
quest filed with the city for the following services:
Conditional use permit (exception)
Appeal
Variance
Text amendment of zoning ordinance
Street name change
Annexation
Other planning or zoning requests, except those
specified in subsection (b)
shall be accompanied by such fee as determined
by resolution of the city adopted pursuant to sec-
tion 2-2.
(b) The fees to be charged for services rendered
in connection with planned development districts,
amendments to the zoning district map, subdivi-
sion or platting of property shall be based upon
costs incurred by the city in processing applica-
tions for these activities. The city manager shall
cause accurate records to be kept for city costs
incurred for salaries, employee benefits, postage
and advertising. The applicant shall be required
to pay to the city the cost incurred prior to the
application being placed on the planning commis-
sion or city commission agenda. Such costs may,
at the city manager's discretion, include prelimi-
nary discussions with the applicant prior to for-
mal filing of an application.
(c) The city manager is authorized to adopt ad-
ministrative procedures, including a deposit, to
implement the intent of this section. (Ord. No.
81-8882, ~~ 1, 2, 10-19-81)
Sees. 29-2-29-15. Reserved.
ARTICLE II. CITY PLANNING
COMMISSION*
Sec. 29-16. Created.
There is hereby created a commiSSion to be
known as the city planning commission of the
City of Salina. (Code 1966, ~ 27-1)
State law reference-Authority to create city planning
commission, K.S.A. 12-701.
Sec. 29-17. Composition; appointment.
The city planning commission shall consist of
nine (9) electors of which number, two (2) mem-
bers shall reside outside of, but within three (3)
miles of the corporate limits of the city and all of
the remaining members shall be residents of the
city. All members shall be appointed by the mayor,
by and with the consent of the board of commis-
sioners. (Code 1966, ~ 27-2)
State law reference-Similar provisions, K.S.A. 12-702.
Sec. 29-18. Terms.
The members of the city planning commission
first appointed shall serve respectively for terms
*Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
*Cross references-Administration, Ch. 2; buildings and structural appurtenances, Ch. 8; economic development, Ch. 11;
mobile homes and trailers, Ch. 22; public utility, Ch. 31; streets, sidewalks and other public places, Ch. 35; subdivision regula-
tions, Ch. 36; water and sewers, Ch. 41; zoning regulations, Ch. 42.
State law reference-Planning and zoning, K.S.A. 12-701 et seq.
1711
-
~ 29-18
of one year, two (2) years and three (3) years;
thereafter members shall be appointed for terms
of three (3) years each. (Code 1966, ~ 27-2)
State law reference-Similar provisions, KS.A. 12-702.
Sec. 29-19. Vacancies.
Vacancies on the city planning commission shall
be filled by appointment for the unexpired term
only. (Code 1966, ~ 27-2)
State law reference-Similar provisions, KS.A. 12-702.
Sec. 29-20. Compensation.
Members of the city planning commission shall
serve without compensation for their services. (Code
1966, ~ 27-2)
State law reference-Similar provisions, KS.A. 12-702.
Sec. 29-21. Powers and duties.
The city planning commission shall have those
powers and duties as specified in Article 7 of Chap-
ter 12 of the Kansas Statutes Annotated and
amendments thereto. (Code 1966, ~ 27-3)
Sec. 29-22. Application fees.
Every application for a zoning certificate, occu-
pancy certificate and variance, conditional use
permit, filing of a notice of appeal, map amend-
ment (rezoning), zoning text amendment, prelim-
inary' or final plat approval, annexation, street
name change or any other request or application
to the planning commission shall be accompanied
by the fee as prescribed in section 2-2. (Code 1966,
~ 27-4)
Sees. 29-23-29-35. Reserved.
ARTICLE III. NORTH CENTRAL
REGIONAL PLANNING
COMMISSION*
Sec. 29-36. Created.
There is hereby created the North Central Re-
gional Planning Commission in Cloud, Ellsworth,
Jewell, Lincoln, Ottawa, Mitchell, Republic, Sa-
*eross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
State law reference-Area planning, K.S.A. 12-716 et seq.
SALINA CODE
line, and Washington Counties, Kansas. (Code
1966, ~ 27-91)
Sec. 29-37. Membership.
Any incorporated city or county government
within Cloud, Ellsworth, Jewell, Lincoln, Otta-
wa, Mitchell, Republic, Saline and Washington
Counties is eligible for membership in the North
Central Regional Planning Commission upon pas-
sage of an appropriate ordinance or resolution
and acceptance by the commission. Each city shall
be represented by its mayor or his designee from
the governing body or official responsible to the
governing body. Each county shall be represented
by the chairman of the board of county commis-
sioners or his designee from the commission. Each
county may appoint by majority vote of each board
of county commissioners representatives from spe-
cial interest groups and/or minority groups located
within the counties_ Representatives appointed
shall serve at the pleasure of the board of county
commissioners. All members shall continue to hold
office until their successors are duly appointed
and qualified. (Code 1966, ~ 27-92)
Sec. 29-38. Compensation.
All members of the North Central Regional Plan-
ning Commission shall serve without compensa-
tion. (Code 1966, ~ 27-93)
Sec. 29-39. Meetings.
Meeting of the North Central Regional Plan-
ning Commission shall be held at least once each
three (3) months on a date determined by the
commission. Special meetings may be called by
the chairman, or the vice chairman in the ab-
sence of the chairman, or as otherwise provided,
upon at least twenty-four (24) hours notice. All
meetings of the commission shall be open to the
public. (Code 1966, ~ 27-94)
Sec. 29-40. Functions, duties and powers.
The North Central Regional Planning Commis-
sion shall have all the functions, duties and pow-
ers as provided in K.S.A. Sections 12-716 to 12-721
inclusive, as amended. The general purpose of the
North Central Regional Planning Commission shall
be to make those studies and plans for the devel-
1712
e
e
e
--
e
PLANNING
opment of the region, eliminate planning dupli-
cation and promote economy and efficiency in the
coordinated development of the region and the
general welfare and prosperity of its people. These
plans may include, but shall not be limited to
recommendations for sanitary sewage and solid
waste disposal systems, airports, parks, and rec-
reational areas, public institutions, prevention
of blighted conditions, regulatory codes and gen-
eral capital improvement programs. (Code 1966,
* 27-95)
Sec. 29-41. Rules.
The North Central Regional Planning Commis-
sion shall adopt bylaws, including rules for the
transaction of commission business, which shall
include, but not be limited to:
(1) Membership;
(2) Officers;
~ 29-42
(3) Meetings and voting;
(4) Organization of the commission;
(5) Staff and budget;
(6) Sharing of costs.
(Code 1966, ~ 27-96)
Sec. 29-42. Separability.
If this article, or any part thereof, shall be held
or determined to be unconstitutional, illegal,
ultra vires or void, the same shall not be held or
construed to change or annul any provision hereof
which may be legal or lawful; and in the event
this article or any part thereof, shall be held un-
constitutional, illegal, ultravire or void, the same
shall not affect any action heretofore taken by
the North Central Regional Planning Commission
as heretofore established and constituted. (Code
1966, * 27-97)
[The next page is 1763]
1713
e
e
e
-
e
POLICE*
Chapter 30
Art I.
Art. II.
In General, ~~ 30-1-30-15
Merchant or Private Policeman, ~~ 30-16-30-46
Div. 1. Generally, ~~ 30-16-30-35
Div. 2. License and Permit, ~~ 30-36-30-46
ARTICLE I. IN GENERAL
Sees. 30-1-30-15. Reserved.
ARTICLE II. MERCHANT OR PRIVATE
POLICEMAN
DIVISION 1. GENERALLY
Sec. 30-16. Definitions.
The following words and phrases, when used in
this article, shall have the meaning, unless the
context clearly indicates a different meaning, respec-
tively ascribed to them as follows:
(1) License shall mean a certificate granting per-
mission for a person to operate a merchant
police service.
(2) Merchant police service shall mean any per-
son engaged for hire in the business of guard-
ing, watching, patrolling or otherwise attempt-
ing to provide security for the real or per-
sonal property of another person; provided,
however, that a bona fide employee of a per-
son or firm shall not be considered as engaged
in a security business.
(3) Merchant policeman shall mean any individ-
ual who is employed by a merchant police
service to guard, watch, patrol or otherwise
attempt to provide security for the real or
personal property of another person.
(4) Permit shall mean a certificate granting per-
mission for an individual who is employed by
a merchant police service to operate as a mer-
chant policeman. (Code 1966, ~ 28-48)
Cross reference-Definitions and rules of construction gen-
erally, !\ 1-2.
Sec. 30-17. Uniforms.
Uniforms, if any, worn by agents or employees
of merchant police service licensees while employed
within the city will be of a color different from
those worn by officers of the police department.
(Code 1966, S 28-59)
Sec. 30-18. Marking of vehicles.
Any vehicle used by a merchant police service
or merchant policeman while performing the du-
ties for which he is licensed or for which he has
obtained a permit under this article shall be clearly
marked with such identifying insignia as the chief
of police may prescribe, provided, however, that
such markings shall not be similar in color or
design to those used by the police department of
the city or any other governmental law enforce-
ment agency. (Code 1966, ~ 28-66)
State law reference-Vehicle to be registered in the state,
K.S.A. 12-1679.
Sec. 30-19. Radio equipment in vehicles.
Any vehicle used by a merchant police service
or merchant policeman while performing the du-
ties for which he is licensed or for which he has a
permit under this article shall be equipped with a
two-way radio in good operating condition, which
is capable of receiving and transmitting voice com-
munications from and to the police department.
(Code 1966, ~ 28-67)
Sec. 30-20. Use of red lights and sirens pro-
hibited.
Any vehicle used by a merchant police service
or merchant policeman while performing the du-
ties for which he is licensed or for which he has
.Cross references-Administration, Ch. 2; municipal court, Ch. 23; offenses and miscellaneous provisions, Ch. 35; traffic and
motor vehicles, Ch. 38; payment upon retirement to certain members of the police department, App. A, Charter Ord. No. 15.
1763
~ 30-20
SALINA CODE
obtained a permit under this article shall not
operate any flashing red lights or sirens, if any,
equipped on the vehicle within the city. (Code
1966, ~ 28-68)
Sec. 30-21. Use of firearms.
Agents, employees of licensees or permittees
may have the right to carry concealed firearms
only after the completion of a firearm proficiency
program under the direction and control of the
police department and the certification by the
chief of police or his designee that the licensee or
permittee has completed the program and has
demonstrated his proficiency in the use and safety
of a firearm. The authority to carry a concealed
firearm will be extended only while the licensee
or permittee is performing the required duties of
his employment and while in route to or from his
place of business. The right to carry a concealed
firearm may be revoked by the chief of police if
the right has been abused. (Code 1966, ~ 28-60)
Sec. 30-22. Change in personnel.
(a) Whenever an agent or employee of a mer-
chant police service is discharged, or resigns, for
any reason, his employer shall immediately no-
tify the city clerk of such fact. The city clerk shall
forward a copy of the notification to the chief of
police. The employer shall notify the police de-
partment of the reasons for dismissal, or resigna-
tion, and such information shall be kept confidential.
(b) When an agent or employee of a merchant
police service is dismissed, or resigns, he shall
forthwith surrender his permit and his identifica-
tion card issued to him to his employer which
shall forward the same to the chief of police. In
the event the person surrendering the permit and
identification card is reemployed during the re-
mainder of the year, the identification card and
permit may be reissued to him without charge.
(Code 1966, ~ 28-62)
Sec. 30-23. Change of vehicles.
Any licensee or permittee who acquires a new
vehicle for use in the conduct of his business, the
type and description of the vehicle shall be im-
mediately reported to the city clerk who shall
forward a copy to the chief of police. (Code 1966, ~
28-63)
Sec. 30-24. Change of business address.
Any licensee changing place of business or abode
shall immediately notify the city clerk of such
fact, together with the new address of the new
place of business or abode. The city clerk shall
forward a copy of the notification to the chief of
police. (Code 1966, ~ 28-64)
Sec. 30-25. Unlawful acts.
It shall be unlawful for any licensee or permit-
tee to:
(1) Hinder or interfere with any investigation
under the jurisdiction of the police department;
(2) Fail to report immediately to the police de-
partment violations of city, state or federal
laws which constitute felonies or breach of
peace coming to his attention; provided, this
section shall not apply to those violations com-
ing to the attention of the licensee or permit-
tee while on his client's business for which
the client does not wish to pursue;
(3) Draw or discharge a firearm in the perform-
ance of his duties except when necessary to
protect himself or someone else from great
bodily harm;
(4) Fail to notify the police department of any
arrests and fail to turn such person over to
the police department; provided, the licensee
or permittee, upon refusal to the police de-
partment to take custody of the subject, may
turn the individual over to any law enforce-
ment agency having legal jurisdiction;
(5) Represent himself to be a member of the po-
lice department;
(6) Willfully suppress facts that pertain to any
violation of city, state or federal law. (Code
1966, ~ 28-61)
Sees. 30-26-30-35. Reserved.
1764
e
e
e
-
e
DIVISION 2. LICENSE AND PERMIT*
Sec. 30-36. Required.
(a) No person shall provide or engage in a busi-
ness which provides merchant police service within
the city unless such person shall possess a valid
license from the city to engage in such business.
(b) No individual shall perform any service within
the city as a merchant policeman unless such
individual shall have in his possession a valid
permit from the city to perform such service. (Code
1966, ~ 28-49)
Sec. 30-37. In addition to other licenses or
permits.
This article is intended to be in addition to all
other licenses and permits, or other law enforce-
ment authority vested in persons by the state,
county or the city and it shall not be a defense to
the failure to secure a license or permit that the
person had such other authority. (Code 1966, ~
28-56)
Sec. 30-38. License application.
Any person desiring to obtain a merchant po-
lice service license shall submit to the city clerk,
in writing on a form provided by the city clerk,
containing the following information:
(1) Name, address, date of birth and social se-
curity number of person that will engage
in providing such merchant police service;
(2) Name, address, date of birth and social se-
curity number of all officers, directors and
other persons active in the management of
the business entity which will provide such
merchant police service;
(3) A description of all vehicles to be used in
providing such service, including the vehi-
cle registration numbers thereof;
(4) A description of the nature and type of bus i-
ness to be conducted;
(5) The service to be offered, and the area ex-
pected to be covered in the conduct of the
business;
*Cross reference-Licenses generally, Ch. 20.
POLICE
~ 30-39
(6) A statement of the number of persons to be
employed by the service;
(7) A description of all weapons registered to
the applicant;
(8) With respect to each person active in the
day-to-day management of the merchant
police service, one recent photograph, his
fingerprints, and history of his employment
for the five (5) years immediately preced-
ing the date of this application;
(9) A statement as to whether or not the ap-
plicant has been convicted of any felony,
misdemeanor, or ordinance violation, the
nature of the offense, the penalty or pun-
ishment imposed, and the date and place
where such offense occurred;
(10) A statement as to whether or not the ap-
plicant has ever had a judgment or convic-
tion for fraud, deceit, or misrepresentation
entered against him, and if so, the details
thereof;
(11) Such other information as the chief of po-
lice may reasonably deem necessary. (Code
1966, ~ 28-50)
Sec. 30-39. Permit application.
(a) Any person desiring to obtain a merchant
police permit shall submit to the city clerk, in
writing on a form provided by said city clerk, the
following information:
(1) Name, address, date of birth and social secu-
rity number;
(2) One recent photograph, his fingerprints, and
a history of his residence and employment
for the five (5) years immediately preced-
ing the date of this application;
(3) The name and address of the company, cor-
poration, firm or person by whom applicant
will be employed;
(4) If the applicant wi.!l use his own vehicle in
the course of acting as a merchant police-
man, a description of such vehicle includ-
ing the vehicle registration number thereof;
(5) A description of all weapons registered to
the applicant;
1765
~ 30-39
SALINA CODE
(6) A statement as to whether or not the ap-
plicant has been convicted of any felony,
misdemeanor or ordinance violation, the
nature of the offense, the penalty or pun-
ishment imposed, and the date and place
where such offense occurred;
(7) A statement as to whether or not the ap-
plicant has ever had a judgment or convic-
tion for fraud, deceit of misrepresentation
entered against him, and if so, the details
thereof;
(8) Such other information as the chief of po-
lice may reasonably deem necessary.
(b) No permit shall be issued to any person to
perform security service .as a merchant policeman
unless application therefor has been approved by
the employer who is the holder of a valid mer-
chant police service license. (Code 1966, ~ 28-51)
Sec. 30-40. Approval or disapproval of ap-
plications.
(a) Every application for a license or a permit
shall be submitted to the chief of police for ap-
proval or disapproval and no applicant shall re-
ceive a license or permit unless his application is
approved.
(b) The chief of police may disapprove an appli-
cation for a merchant police permit if he finds
that the applicant:
(1) Is less than eighteen (18) years of age;
(2) Is not of good moral character;
(3) Has been convicted of a felony, misdemeanor,
ordinance violation, or crime involving moral
turpitude or of illegally using, carrying, or
possessing a dangerous weapon;
(4) Has made any false statement, given any false
information, or failed to declare a material
fact in connection with an application for a
permit or a renewal or reinstatement thereof;
(5) Is not employed by a merchant police service
licensed under this division;
(6) Fails to meet such other requirements as may
be established by regulations of the chief of
police.
(c) The chief of police may disapprove an appli-
cation for a merchant police license if the appli-
cant does not meet the standards set in subsec-
tion (bX2), (3), (4) and (6) of this section, or if any
director, officer, or other person active in the man-
agement of the merchant police service does not
meet the standards set by subsection (b)(2), (3), (4)
and (6) of this section.
(d) If the chief of police shall disapprove any
application, he shall give the reasons in writing,
file the same with the city clerk, and mail a copy
to the applicant. The applicant may appeal such
disapproval by filing a written notice thereof with
the city clerk within thirty (30) days after the
chief of police files his written statement of rea-
sons for disapproval. A hearing on such appeal
shall be held by the board of city commissioners
no more than forty-five (45) days after the appli-
cant files such notice of appeal. The board of com-
missioners may reverse or affirm the decision of
the chief of police. (Code 1966, ~ 28-52)
Sec. 30-41. Insurance.
All merchant police service business licensees
shall carry public liability insurance, with limits
of not less than the maximum liability for claims
which could be asserted against the city, for any
number arising out of a single occurrence or acci-
dent under the Kansas Tort Claims Act, as amend-
ed. The surety shall be approved as to form by the
city attorney. It shall be the licensee's responsi-
bility to determine that its insurance carrier has
notified the city clerk of any lapse or cancellation
in coverage within ten (10) days of notification to
the insured. (Code 1966, ~ 28-57)
Sec. 30-42. Bond.
The applicant for license hereunder shall file a
bond by a surety authorized to do business in the
state in the sum of ten thousand dollars ($10,000.00)
conditioned that the applicant shall and will carry
out and perform all of the duties imposed upon
him by the provisions of this article and that such
applicant will indemnify and save harmless the
city from all liability for any injury to persons or
property which the principal, his agent, servant
or employee may cause by reason of engaging in
1766
-
e
e
e
-
e
the business of merchant police service. Such bond
shall be approved as to form by the city attorney.
(Code 1966, 9 28-65)
Sec. 30-43. License fee.
The fee for a merchant police service license
shall be as pescribed in section 2-2. (Code 1966, 9
28-53)
Sec. 30-44. Permit fee, term, expiration.
(a) The fee for a merchant police permit shall
be as prescribed in section 2-2.
(b) Application for renewal may be made thirty
(30) days prior to the expiration date.
(c) All permits shall expire on December thirty-
first of each year.
(d) Permit fees are not refundable upon cancel-
lation during a calendar year.
(e) Permits are not transferable nor assignable
under this division. (Code 1966, 9 28-54)
Sec. 30-45. Identification cards.
In addition to the license or permit, the chief of
police shall issue an identification card to each
licensee and permittee which shall be carried by
the licensee or permittee at all times while on
duty as a merchant policeman. The identification
card shall be approximately two and one-half (2%)
inches by four (4) inches and shall include the
following information:
(1) The type of license or permit and expiration
date thereof;
POLICE
~ 30-46
(2) Name, address, physical description and pic-
ture of the licensee or permittee;
(3) The name of the employer if the licensee or
permittee is an agent or employee of a mer-
chant police service;
(4) The signature of the licensee or permittee
and that of the chief of police;
(5) A statement as to whether or not the licensee
or permittee is authorized to carry a concealed
firearm;
(6) Such other information as the chief of police
may deem advisable. (Code 1966, 9 28-58)
Sec. 30-46. Revocation or suspension.
The board of commissioners shall have the au-
thority to revoke or suspend any license or permit
granted pursuant to this division for violation of
any federal or state statute, city ordinance, for
falsification of application documents, for viola-
tion of any provisions of this article, or for any act
committed by a licensee or permittee which is
deemed by the board of commissioners to make
the licensee or permittee unfit to handle the re-
sponsibilities of such license or permit upon re-
quest. Suspension period shall be for a maximum
of sixty (60) days. In cases of revocation or sus-
pension of the license or permit, a hearing shall
be held by the board of commissioners, and the
licensee or permittee may present any evidence
or be heard with respect to the allegations con-
tained in the request for revocation or suspen-
sion. (Code 1966, 9 28-55)
[The next page is 1817]
1767
-
e
e
e
-
e
Chapter 31
PUBLIC UTILITIES.
Sec. 31-1. Tampering with electric or gas me-
ters, wires, pipes.
It shall be unlawful for any person without
authority to turn on, unseal or open an electric or
gas meter or service or in any way tamper with
any electric wires or gas pipes or meters owned
by any individual, company or corporation sup-
plying gas or electric current to the city or its
inhabitants, or to attach thereto any contrivance,
mechanism or device whatsoever, so as to pre-
vent, or which may be designed or intended to
prevent, the whole quantity of gas or electric cur-
rent supplied to any consumer at meter rates from
passing through and being measured by the meter
provided for such purposes, or for any consumer
of gas or electric current at meter rates to know-
ingly permit the same to be done for his or her
benefit, or for the benefit of any association or
corporation in which he or she may have any
interest. (Code 1966, ~ 30-1)
Sec. 31-2. Taking gas or current not passing
through meter.
It shall be unlawful for any consumer of gas or
electric current at meter rates by means of any
contrivance, mechanism or device whatsoever, to
knowingly take or use any gas or electricity with-
out the whole quantity so taken or used having
passed through and been measured by a meter
provided for such purpose. (Code 1966, ~ 30-2)
Sec. 31-3. Unlawful device as prima facie ev-
idence against consumer.
Proof of the existence of any contrivance, mecha-
nism or device which prevents or which may be
designed or intended to prevent the whole quan-
tity of gas or electric current supplied to any con-
sumer at meter rates from passing through and
being measured by a meter provided for such pur-
pose on the premises of any consumer of gas or
electricity at meter rates, shall be prima facie
evidence that such consumer knew of the exis-
tence thereof, and that he was knowingly taking
and using gas or electric current, as the case may
be, without the same having wholly passed through
and been measured by a meter provided for such
purpose. (Code 1966, ~ 30-3)
Sec. 31-4. Company's right of entry and
inspection.
The servants and employees of every company
or corporation supplying gas or electric current to
the city or its inhabitants shall have the right at
all reasonable times to enter the premises of every
consumer of gas or electric current at meter rates
for the purpose of inspecting its wires, pipes and
meters to ascertain whether or not the meters are
correctly measuring the whole quantity of gas or
electric current supplied to such consumer and a
denial of such right of inspection during reason-
able hours by any consumer at meter rates shall
be prima facie evidence that such consumer is
taking and using gas or electric current, as the
case may be, without the whole quantity thereof
passing through and being measured by a meter
provided for that purpose. (Code 1966, ~ 30-4)
Sec. 31-5. Tampering with cable TV.
It shall be unlawful for any person without
authority to connect to or in any way tamper with
any cable television wire cable or other appara-
tus. (Code 1966, S 30-5)
Sec. 31-6. Discontinuing service if gas or elec-
tricity, fraudulently taken.
The individual company or corporation supply-
ing gas or electric current will not be bound to
furnish either gas or electric current to the per-
son convicted of fraudulently taking gas or elec-
tric current. (Code 1966, S 30-6)
.Cross references-Posting on utility poles, !l 3.3; buildings and structural appurtenances, Ch. 8; health and sanitation, Ch.
17; housing, Ch. 18; mobile homes and trailers, Ch. 22; planning, Ch. 29; solid waste, Ch. 34; streets, sidewalks and other public
places, Ch. 35; water and sewers, Ch. 41; special fund for paying utility cost, App. A, Charter ord. no. 17; franchises, App. B.
1817
~ 31-7
SALINA CODE
Sec. 31-7. Painting of poles.
It is hereby made the duty of the owner or
owners, or lessee or lessees, or agent or agents of
the owner or owners of all telegraph, telephone,
electric light and other poles now standing or
hereafter placed in any parking, curb or street of
the city and used in any way by the public service
companies or corporations doing business in the
city, to keep such poles painted to the satisfaction
of the city manager. (Code 1966, ~ 30-7)
Sec. 31-8. Poles prohibited in certain district.
It shall be unlawful for any person to set or
erect any telegraph or telephone poles or pole line
or cable television poles or pole line in any street,
avenue or alley in the city within that part of the
city lying between North Street on the north,
South Street on the south, Front Street on the
east and Tenth Street on the west; provided, that
this section shall not be construed to prevent the
use, maintenance and repair of pole lines now in
use within such limits. (Code 1966, ~ 30-8)
Sec. 31-9. Underground wires required where
poles prohibited.
All telegraph, telephone and cable television
lines constructed along or across any street, ave-
nue or alley in the territory described in section
31-8, shall be placed underground and in compli-
ance with directions of the city engineer; provid-
ed that this section shall not be construed to
pr~vent additional cables and lines being placed
on poles in use prior to January 1, 1910. (Code
1966, ~ 30-9)
Sec. 31-10. Trimming of trees, branches.
Where trees and branches extending over the
streets, avenues and alleys of the city obstruct
and prevent the proper construction and opera-
tion of electric light, power, telephone or cable
television lines, such trees or branches may be
cut and trimmed by the company operating such
lines sufficient to permit the proper construction
and operation of such lines, such trimming, how-
ever, to be done under the direction and supervi-
sion of the superintendent of streets and in such
manner as not to unnecessarily injure or impair
the life and appearance of such trees. (Code 1966,
~ 30-10)
Cross reference-Trees and shrubs generally, Ch. 39.
[The next page is 1869]
1818
e
e
e
-
e
Art. I.
Art. II.
Chapter 32
SALES
In General, n 32-1-32-15
Going Out Of Business Sales, n 32-16-32-30
Div. 1. Generally, ** 32-16-32-25
Div. 2. License, ** 32-26-32-30
ARTICLE I. IN GENERAL
Sec. 32-1. Auctions of new goods.
Auctions of new goods shall be governed by and
in all respects comply with the requirements and
regulations of K.S.A. Chapter 58, Article 10. (Code
1966, ~ 23-148)
Sees. 32-2-32-15. Reserved.
ARTICLE II. GOING OUT OF BUSINESS
SALES
DIVISION 1. GENERALLY
Sec. 32-16. Goods which may be advertised.
It shall be unlawful to advertise, sell or expose
for sale at any sale governed by this article or to
list in the inventory required by this article, any
goods, wares or merchandise which are not regu-
lar stock of the store which is to be closed out at
such sale or to make any replenishments or addi-
tions to such stock for the purpose of such sale
during the time thereof. No wares or merchan-
dise shall be sold other than those actually in-
cluded in the inventory. (Code 1966, * 20-78)
Sees. 32-17-32-25. Reserved.
DIVISION 2. LICENSE*
Sec. 32-26. Required.
It shall be unlawful for any person to advertise
or conduct or carryon in the city any sales of
goods, wares or merchandise that is represented
as quitting business, going out of business, com-
.Cross reference-Licenses generally, Ch. 20.
plete liquidation or similar sale without first hav-
ing filed with the city clerk the inventory under
oath herein provided for, complying with the pro-
visions of this article and obtaining from the city
clerk a license to do so as a "closing out sale
license." No goods, wares or merchandise shall be
included in the inventory which are not actually
in the place of business described in the applica-
tion for license at the time the application is made.
All sales governed by the provisions of this arti-
cle shall be conducted in the place of business
described in the application and license. (Code
1966, ~ 20-75)
Sec. 32-27. Application.
The inventory referred to in section 32-26 shall
be made part of the application for a license under
this division, which application shall be in writ-
ing. The application shall also state the place and
manner of conducting such a sale. The applica-
tion shall be signed by the person seeking to se-
cure a license, or by the proper officer of the cor-
poration, if it is a corporation, and the application
shall be sworn to by the proper person signing
such application, which oath shall state the in-
formation given therein is full, true, and known
to the affiant to be so. (Code 1966, ~ 20-76)
Sec. 32-28. Fee.
The fee for a license under this division shall be
as prescribed in section 2-2. (Code 1966, ~ 20-75)
Sec. 32-29. Time limitation.
Only one license required in section 32-26 shall
be issued to anyone person within a twelve (12)
month period, and such license shall not be is-
sued to anyone person for a longer period of time
than ninety (90) days. (Code 1966, ~ 20-77)
1869
~ 32-30
SALINA CODE
Sec. 32-30. Waiting period.
Application shall be made to the city clerk and
no sales as defined herein shall be commenced
until five (5) days after the license shall have
been issued. (Code 1966, ~ 20-79)
[The next page is 1921]
1870
e
e
e
-
e
SECONDHAND GOODS
Chapter 33
Art. I.
Art. II.
In General, ~~ 33-1-33-15
Pawnbrokers, Secondhand Dealers and Precious Metal Deal-
ers, ~~ 33-16-33-35
Junk and Junk Dealers, U 33-36-33-54
Div. 1. Generally, ** 33-36-33-45
Div. 2. License, ** 33-46-33-54
Art. III.
ARTICLE I. IN GENERAL
Secs. 33-1-33-15. Reserved.
ARTICLE II. PAWNBROKERS,
SECONDHAND DEALERS
AND PRECIOUS METAL DEALERS.
Sec. 33-16. Record and report to police re-
quired.
Every pawnbroker and every buyer of second-
hand or old gold or silver or diamonds or other
secondhand jewelry, shall keep at his place of
business a register in which he shall enter in
writing a minute description of all property taken,
purchased or received by him in the conduct of
his business, including any number that may be
in or upon any article, together with the time of
the purchase and the name and place of residence,
giving street and number, if within the city, of
the person selling or leaving the property; also
the amount paid for such property or loaned there-
on. He shall make such entries within one hour
after the purchase of the property, and such en-
tries shall be made in ink and shall not in any
manner be erased, obliterated or defaced. It shall
be the further duty of every such dealer or buyer
to make out and deliver to the police department
of the city, every day before the hour of 12:00
midnight a legible and correct copy from the reg-
ister, of all property received or purchased during
the preceding twenty-four (24) hours, and a good
*Cross reference-Licensing of pawnbrokers and precious
metal dealers, App. A, Charter ord. no. 19.
State law reference-Regulation of pawnbrokers, K.S.A.
16-706 et seq.
description of the person from whom the same
were purchased. (Code 1966, ~ 26-1)
Sec. 33-17. Availability of records for in-
spection.
The register required by section 33-16 shall at
all times be kept open to the inspection of the
board of commissioners, city manager and the
police department. (Code 1966, ~ 26-2)
Sec. 33-18. Availability of merchandise for
inspection.
The dealer or buyer shall, upon request, exhibit
to any commissioner, the city manager or mem-
ber of the police department for inspection any
article purchased or received by him. (Code 1966,
~ 26-3)
Sec. 33-19. Purchases from children.
No dealer or buyer under this article shall pur-
chase or receive any article or property from any
person under the age of eighteen (18) years. (Code
1966, ~ 26-4)
Cross reference-Minors generally, Ch. 21.
Sec. 33-20. Purchasing stolen property.
No buyer or dealer under this article shall buy
or purchase any stolen property which he may
from any cause have reason to believe or suspect
cannot be rightfully or lawfully sold by the per-
son so offering it for sale. (Code 1966, ~ 26-5)
Cross reference-Offenses against property, * 25-56 et seq.
Sec. 33.21. Forfeiture of license.
In addition to the criminal penalty provided for
violation of this Code, any dealer or pawnbroker,
1921
~ 33-21
SALINA CODE
licensed under the terms of this article or any
ordinance of the city, who violates, fails, neglects
or refuses to comply with the terms of this chap-
ter shall forfeit such license upon a bearing be-
fore the board of commissioners after five (5) days'
notice duly given of the time and place of such
hearing. (Code 1966, 9 26-7)
Sec. 33-22. Merchandise to be displayed for
three days before sale.
Every buyer or dealer under this article shall
keep in plain view of the public in some conspicu-
ous place, for a period of at least three (3) days
from the date and time of purchase or receiving
same, all articles so purchased or received. (Code
1966, 9 26-6)
Sees. 33-23-33-35. Reserved.
ARTICLE III. JUNK AND JUNK
DEALERS*
DIVISION 1. GENERALLY
Sec. 33-36. "Junk" defined.
Junk is hereby defined, for the purposes of this
article, to be old iron, lead, brass, steel, copper or
other metals, wires, cables, rags or bagging, rope,
rubber, bones, paper, bottles and other and sim-
ilar old materials and old machinery and old auto-
mobiles or parts thereof. (Code 1966, ~ 18-1)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 33-37. Storing junk at unlicensed location.
It shall be unlawful to store junk at any loca-
tion in the city other than one licensed as pro-
vided in this article. (Code 1966, ~ 18-12)
Sec. 33-38. Storage regulations.
All places where any junk as herein defined is
kept or stored, together with all junk therein,
shall at all times be kept in a sanitary condition
and open to the inspection of any police or sani-
tary officer of the city and no junk dealer, junk
buyer, automobile junk dealer or automobile junk
.State law reference-Junk dealers, K.S.A. 50-619 et seq.
parts dealer shall expose or permit to be exposed
to public view any junk kept or stored by him but
shall cause all such junk kept or stored by him to
be kept either in a permanent building, or behind
an appropriate fence not less than five (5) feet in
height, which fence shall at all times be kept in a
good repair. In addition, such fence shall be land-
scaped by nondeciduous plantings of shrubs and/or
trees for the purpose of enclosing and beautifying
such place or yard and to prevent access thereto
by the public and to screen the same from public
view; provided, that in any yard or place in which
junk is kept or stored and which was located on
August 16, 1965 in any district defined by the
zoning regulations of the city as a commercial or
residential district, no junk shall be kept or stored
and no such fence shall be erected nearer than
fifty (50) feet to the line of any street or avenue
upon which such yard or place abuts. (Code 1966,
~ 18-13)
Sec. 33-39. Reports to police required; time
articles must be kept.
Every junk dealer or automobile junk dealer
shall make a list of every article or group of arti-
cles purchased by him which list shall contain a
description of the articles purchased, sufficient to
identify the same, and the name of the person
from whom the same were purchased and date
and hour of purchase and shall furnish a true and
correct copy of such list, signed by such purchas-
er, with the chief of police of the city, before noon
of each day covering the articles purchased dur-
ing the preceding day. In case of any automobile
or piece of machinery bearing or which is by law
required to bear a motor or serial number, such
motor or serial number or both if such automobile
or piece of machinery has or is required to have
both, shall be shown, and if any such motor or
serial number shall be defaced or erased, such
fact shall be shown on such report and it shall be
unlawful for any person purchasing any such ar-
ticle to sell the same or to remove the same from
the location at which it may be stored or kept, or
to tear down or remove parts therefrom, until the
same has been in his possession for at least forty-
eight (48) hours. (Code 1966, ~ 18-14)
Sees. 33-40-33-45. Reserved.
1922
e
e
e
-
.
SECONDHAND GOODS
DIVISION 2. LICENSE*
Sec. 33-46. Required.
It shall be unlawful for any person to carryon a
business of buying, selling, collecting, trading,
exchanging or otherwise dealing in junk without
having first obtained a license to do so as pro-
vided in this division. (Code 1966, ~ 18-2)
Sec. 33-47. Application.
Any person desiring a license under this divi-
sion shall make application in writing to the city
clerk which application shall set forth the full
name of the applicant together with his residence
address and if a dealer, the location at which such
junk is to be kept or stored. (Code 1966, ~ 18-3)
Sec. 33-48. Submission, approval of appli-
cation.
An application for a license under this division
shall be submitted to the city clerk and if the city
clerk approves such application and location, he
may issue such license upon payment of license
fee as herein required. (Code 1966, ~ 18-4)
Sec. 33-49. Classification of licensees.
Persons required to be licensed under this divi-
sion shall be classified and defined as follows:
(1) Junk dealers: Any person who engages in the
city in buying, collecting, trading in, exchang-
ing or otherwise dealing in junk as herein
defined, and shipping, selling or otherwise
disposing of the same in truckload or carload
lots, and who conducts such business at or
from any yard or-place in the city where such
junk, while owned or held by such person, is
kept or stored; provided, that the term "junk
dealer" as herein used, shall not include any
person classified as an "automobile junk deal-
er" or as an "automobile junk parts dealer"
as hereinafter defined.
(2) Junk buyers: Any person who engages in the
city in buying, collecting, trading in, exchang-
ing or otherwise dealing in junk as herein
defined, and shipping, selling or otherwise
.Cross reference-Licenses generally, Ch. 20.
~ 33-49
disposing of the same in truckload or carload
lots, but who do not have in the city any yard
or place from which such business is conduct-
ed; provided, that the term "junk buyer" as
herein used shall not include any person clas-
sified as an "automobile junk dealer" or as
an "automobile junk parts dealer" as here-
inafter defined.
(3) Junk collector: Any person who engages in
the city in buying, collecting, trading in,
exchanging or otherwise dealing in junk as
herein defined, for resale within the city, who
do not have or maintain any yard or other
place in the city from which such business is
conducted, and who do not sell, ship or oth-
erwise dispose of such junk outside of the
city; provided, that the term "junk collector"
as used herein shall not include any person
classified as an "automobile junk dealer" or
as an "automobile junk parts dealer" as herein
defined.
(4) Paper junk dealers: Any person who engages
in the city in buying, selling or collecting old
paper, cardboard or pasteboard boxes, rags,
bagging or other similar materials, or bail-
ing the same at any place in the city.
(5) Automobile junk dealers: Any person who en-
gages in the city in the business of buying,
selling, storing, exchanging, trading or oth-
erwise dealing in old automobiles or parts
thereof for the purpose of wrecking, disman-
tling or junking such old automobiles or parts
thereof, except old batteries, old tires or other
old automobile parts which are purchased sep-
arately from the automobiles from which they
were removed, or dealing in old automobiles
for any purpose other than as vehicles, and
who conduct such business at or from any
place in the city where any such old automo-
biles or parts thereof are wrecked, disman-
tled, junked, kept or stored; provided, that
this section shall not apply to regular dealers
in new or secondhand automobiles, who may
as an incident to their regular business en-
gage in selling or dealing in old automobiles.
(6) Automobile junk parts dealers: Any person
who engages in the city in the business of
buying, selling, storing, exchanging, trading
1923
~ 33-49
SALINA CODE
or otherwise dealing in old automobiles or
parts thereof, except old batteries, old tires or
other old automobile parts which are purchased
separately from the automobiles from which
they were removed, or dealing in old auto-
mobiles for any purpose other than for use as
vehicles, who do not engage in the business
of wrecking, dismantling, junking or storing
such old automobiles or parts thereof within
the city, but who engage in the business of
selling parts from such wrecked, dismantled
or junked automobiles at or from any store,
yard or other place in the city. (Code 1966, ~
18-5)
Sec. 33-50. Fees.
The fees for licenses required by this division
shall be as prescribed in section 2-2. (Code 1966, ~
18-6)
Sec. 33-51. Scope of licenses.
Any person who pays a license fee for a license
classification as herein provided, shall, without
paying any additional license, be entitled to en-
gage in any other business as provided for in this
article for which the same or a lesser fee is pro-
vided for herein. (Code 1966, ~ 18-7)
Sec. 33-52. Collector's license required for
each vehicle.
A junk collector's license as provided for herein
shall be required for each wagon or vehicle used
for the collection of junk. (Code 1966, ~ 18-9)
Sec. 33-53. Additional licenses for separate
places of business.
No junk dealer, junk buyer, automobile junk
dealer or automobile junk parts dealer shall op-
erate more than one yard or place of business
under one license, but shall secure an additional
license for each yard or place of business operated
by him; provided, that no license shall be required
of any such dealer for the operation of a separate
store, or place of business where individual parts
taken from any junk automobile are sold as parts
and not as junk. (Code 1966, ~ 18-10)
Sec. 33-54. Suspension, revocation.
Any license issued under this division may be
revoked by the board of commissioners upon con-
viction of the licensee or any agent, employee or
officer of any licensee of the violation of any pro-
visions of this article, or of any ordinance or law
relating to the purchase or possession of stolen
property, and may be suspended pending the hear-
ing of any such charge prior to conviction. (Code
1966, ~ 18-11)
[The next page is 1975]
1924
e
e
e
-
e
SOLID WASTE.
Chapter 34
Art. I.
Art. II.
Art. III.
In General, H 34-1-34-15
Refuse and Sanitation, H 34.16-34.50
Private Haulers, Ai 34-51-34-80
Div. 1. Generally, H 34-51-34-60
Div. 2. License, ~~ 34-61-34-80
Soiled Waste Disposal Area, Ai 34-81-34-85
Art. IV.
ARTICLE I. IN GENERAL
Sees. 34-1-34-15. Reserved.
ARTICLE II. REFUSE AND SANITATION
Sec. 34-16. Definitions.
For the purpose of this article:
(1) Ashes mean residue from the burning of
wood, coal, coke, or other solid combustible
materials.
(2) Authorized collector of refuse means any
person duly qualified and operating under
a license issued by the city as provided for
in this Code or the ordinances of the city,
or the licensee's duly authorized agent.
(3) Commercial dwelling means a building or
portion thereof designed for or occupied by
four (4) or more families as a residence.
(4) Commercial enterprise means a person en-
gaged in the operation of a commercial en-
terprise and such commercial enterprises
shall include the following: Boardinghouses,
rooming houses, hotels, restaurants, motels,
trailer courts, public buildings, retail stores,
schools, churches, hospitals, wholesale houses
and all other users commonly designated
as commercial or business.
(5) Dwelling unit shall mean the enclosure,
building or portion thereof occupied by one
or more persons for and as living quarters.
(6) Garbage includes every accumulation of an-
imal, vegetable or other matter that attends
the preparation, consumption, decay, deal-
ing in or storage of meats, fish, fowl, birds,
fruit, vegetables, food and food ingredients,
including the cans, containers or wrappers
wasted along with such materials.
(7) Multiple dwellings shall mean a building
designed for or occupied by more than one
family and less than lour (4) families.
(8) Refuse means all putrescible and non-
putrescible solid wastes except body wastes.
Refuse includes garbage, rubbish, ashes,
street cleanings, dead animals, and solid
market and industrial wastes.
(9) Rubbish means nonputrescible solid wastes
except ashes. Rubbish consists of both com-
bustible and noncombustible materials, such
as paper, cardboard, tin cans, yard clippings,
wood, glass, bedding, crockery, metals and
similar objects.
(10) Single-family dwelling shall mean a build-
ing designed for and occupied by one fami-
ly. (Code 1966, ~~ 31-11, 31-35)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 34-17. General duties of occupants.
Every occupant of any dwelling, premises or
commercial establishment shall keep his prem-
ises in a clean and sanitary condition and free
from any accumulations of refuse, and each occu-
pant of any such premises shall dispose of all
.Cross references-Buildings and structural appurtenances, Ch. 8; housing, Ch. 15; health and sanitation, Ch. 17; mobile
homes and trailers, Ch. 22; nuisances generally, Ch. 24; littering, ~ 25-57; public utilities, Ch. 31; water and sewers, Ch. 41;
franchises, App. B.
1975
p4-17
SALINA CODE
refuse in a clean and sanitary manner in accor-
dance with the minimum requirements set forth
in this Code. (Code 1966, ~ 31-36)
Sec. 34-18. Manner of disposal to be approved.
All garbage and rubbish collected under the
terms of this article shall be disposed of in a
manner approved by the health officer. (Code 1966,
~ 31-37)
Sec. 34-19. Who may collect and dispose of
refuse.
All refuse accumulated within the city shall be
collected, conveyed and disposed of by an author-
ized collector of refuse, the city, or persons au-
thorized to dispose of their own refuse. (Code 1966,
~ 31-38)
Sec. 34-20. Frequency of collection.
Any and all refuse shall be collected and re-
moved from all premises at least once every ten
(10) days. Where storage of unwrapped, undrained
garbage or swill is permitted, accumulation shall
not exceed two (2) days. (Code 1966, ~ 31-39)
Sec. 34-21. Removal by city if person respon-
sible fails.
Failure of the property owner, his authorized
agent, tenant, householder or occupant to cause
all refuse to be removed from any premises and
disposed of as provided herein, shall be cause for
the health officer to order the refuse collected and
disposed of in accordance with chapter 24. (Code
1966, ~ 31-40)
unoccupied
Sec. 34-22. Disposal from
premises.
It shall be the responsibility of the property
owner or his authorized agent to cause to be col-
lected and disposed of all refuse accumulated at
or on any unoccupied premises within the corpo-
rate limits of the city not later than seven (7) days
following vacation of the premises. Upon failure
of the property owner or his authorized agent to
dispose of such refuse within the required seven
(7) days following vacation of premises, the health
officer shall attempt to notify the property owner
or his authorized agent to cause to be collected
and disposed of according to the provisions of this
article all refuse accumulated at or on the prem-
ises within forty-eight (48) hours. Inability to con-
tact the property owner or his authorized agent,
or failure of the property owner or his authorized
agent to dispose of the accumulated refuse as or-
dered, shall be cause for the health officer to order
the refuse collected and disposed of in accordance
with chapter 24. (Code 1966, ~ 31-41)
Sec. 34-23. Reserved.
Sec. 34-24. Cleaning of containers.
All containers used for the storage of garbage
shall be washed and/or cleaned often enough to
prevent the accumulation of putrescible materi-
als or persistent odors, thereby eliminating at-
tractants for vermin. The owner of the container
shall be responsible for cleaning and maintaining
it. (Code 1966, ~ 31-43)
Sec. 34-25. Storage to be inaccessible to ver-
min, approved.
Garbage and rubbish containing food waste or
other putrescible material shall be stored so as to
be inaccessible to vermin. All other rubbish shall
be stored in a manner approved by the health
officer. (Code 1966, ~ 31-44)
Sec. 34-26. Unlawful to store refuse or refuse
containers upon public right-of-
way.
(a) It shall be unlawful to store refuse or refuse
containers upon the public right-of-way; provided
however, this shall not prohibit the temporary
storage thereon for collection purposes.
(b) For the purposes of this section, temporary
storage shall mean the placing of refuse contain-
ers on the public right-of-way for collection pur-
poses, which will allow the placing of refuse con-
tainers on the public right-of-way the evening
prior to the day designated for collection; provided
such containers are removed the evening of the
day of collection. (Ord. No. 80-8816, ~~ 1,2,10-27-80)
1976
e
e
e
-
e
SOLID WASTE
Sec. 34-27. Adequacy of storage facilities.
Storage facilities shall be adequate for the proper
storage of all garbage and rubbish. (Code 1966, ~
31-45)
Sec. 34-28. Cleanliness of storage areas.
Storage areas shall be clean and shall not consti-
tute a nuisance. (Code 1966, ~ 31-46)
Sec. 34-29. Storage by conunercial enterprises.
(a) Storage rooms or enclosures used by com-
mercial enterprises shall be constructed of easily
cleanable, washable materials and shall be ver-
min proofed. The floors, and the walls up to at
least the level reached by splash or spray, shall
be of relatively nonabsorbent materials. Garbage
containers outside the establishment shall be stored
either on a concrete slab, or on a rack which is at
least twelve (12) inches above the ground, or in
such other manner as shall be approved by the
health officer.
(b) Storage of undrained garbage or swill by
commercial enterprises is permissible providing
it is stored in containers and accumulation shall
not exceed two (2) days. Provided further, such
containers shall be thoroughly washed and/or
cleaned as provided in section 34-24. (Code 1966,
~ 31-47.
Sec. 34-30. Draining, wrapping required.
All garbage shall be drained and securely wrapped
prior to being deposited in any storage container,
except as provided above for commercial enter-
prises. (Code 1966, ~ 31-48)
Sec. 34-31. Prevention of spillage from con-
tainers.
All containers whether used for garbage, rub-
bish or both shall be stored, housed, enclosed or
secured so as to prevent spillage by wind or ani-
mals. Lids or covers unless permanently attached
to container shall be secured to the storage rack
or apparatus, unless containers are stored inside
a room. (Code 1966, ~ 31-49)
~ 34-34
Sec. 34-32. Burning garbage.
No garbage or other materials described herein
as garbage, shall be burned at any time except in
an incinerator or other appliance constructed spe-
cifically for such purposes and approved by the
fire department, and equipped with a flue, chim-
ney, or smokestack which will carry the smoke
and odors therefrom above surrounding rooftops.
(Code 1966, ~ 31-50)
Cross reference-Fire prevention and protection, Ch. 14.
Sec. 34-33. Unusual situations.
In situations which are not contemplated or
considered by the terms and conditions of this
article, the health officer shall have the power
and the authority to grant special rights and privi-
leges on a temporary basis for the collection, haul-
ing and disposal of trash and garbage where such
special privileges are required in order to main-
tain the health and sanitation of the city and its
inhabitants or such rights and privilege is required
to avoid the creation of a public nuisance. (Code
1966, ~ 31-51)
Sec. 34-34. Service charges for refuse collec-
tion and sanitary landfill; rules
and regulations.
(a) City refuse collection service shall be avail-
able to householders and occupants of residential
premises within the city desiring such service.
For the purpose of this article, residential prem-
ises shall include single family, duplex and tri-
plex dwellings.
(b) The board of commissioners shall, by reso-
lution, from time to time as they deem necessary,
adopt such fees as are necessary for the operation
of the refuse collection service and operation of
the sanitary landfill.
(c) The city manager shall annually recommend
to the board of commissioners adjustments in such
fees as are necessary to pay the costs of the opera-
tion of the refuse collection service, the sanitary
landfill debt service, and to maintain reserve funds
for purchase of capital equipment.
(d) The city manager shall formulate such rules
and regulations as may be necessary to provide
1977
~ 34-34
SALINA CODE
for the operation of the refuse collection service
and sanitary landfill. The rules and regulations
shall become effective when filed with the city
clerk. (Code 1966, ~ 31-18; Ord. No. 80-8814, ~ 1,
10-27-80)
Sec. 34-35. Billing for service charges; when
due and payable.
The charges required to be paid in section 34-34
shall be billed monthly. The refuse service charge
shall be billed along with the monthly water bill
and the total bill shall be due and payable upon
rendering. Only one statement shall be rendered
for a multiple dwelling. (Code 1966, ~ 31-18)
Sec. 34-36. When bills delinquent; discon-
tinuing service for delinquency.
In general, all refuse service accounts shall be
considered delinquent if not paid on or before the
date specified on the monthly billing statement.
If not paid within ten (10) days following the date
of delinquency, service shall be discontinued with-
out notice and such discontinuance shall not be
construed to constitute a waiver of the city's right
to proceed for the amount of such unpaid bill. In
the event of such discontinuance, service shall
not be resumed until the accumulated delinquent
fees have been paid. (Code 1966, ~ 31-19)
Sec. 34-37. Contracts for service to dwellings.
Owners, householders or occupants of residen-
tial dwellings may contract for refuse collection
service by the city. Service fees as established in
section 34-34 shall apply. Such owner, householder
or occupant served by the city shall be billed on a
monthly basis by the water and sewerage depart-
ment for the refuse collection services. (Code 1966,
~ 31-20)
Sec. 34-38. Authority to adopt regulations.
The sanitation department is authorized to adopt
and promulgate additional rules and regulations
as may be necessary to supplement the provisions
of this article. (Code 1966, ~ 31-23)
Secs. 34-39-34-50. Reserved.
ARTICLE III. PRIVATE HAULERS
DIVISION 1. GENERALLY
Sec. 34-51. Standards for transportation and
vehicles.
The following standards and requirements are
hereby established as minimum for the sanitary
transportation of refuse:
(1) Every vehicle used for the transportation
of refuse shall display a valid, unrevoked
permit, issued by the city clerk, to trans-
port refuse unless exempted as prescribed
hereinbefore.
(2) Every vehicle used for the transportation
of refuse shall have a hauling body con-
structed of metal, or shall have a metal
lining on the floor and all side walls.
(3) Every vehicle shall be provided with a means
of covering the refuse to be hauled and of
keeping such refuse securely within the haul-
ing body. The hauling body shall be pro-
vided with a tight metal hood having ade-
quate openings fitted with smoothly oper-
ating loading and unloading doors, or shall
be provided with heavy tarpaulin or other
canvas cover fitted with proper eyes, grom-
mets and tie ropes and hooks whereby the
cover can be held securely over the loaded
refuse in a manner acceptable to the health
officer.
(4) Every vehicle shall be kept well painted,
clean and in good repair.
(5) Every vehicle used for carrying garbage or
swill shall be cleaned as often as may be
necessary to prevent persistant odors and
attraction of flies.
(6) Every vehicle used for transporting refuse
shall carry a legend or identifying sign on
each side. The legend shall be painted on
the vehicle, or if the vehicle has other uses
the legend may be placed on a separate
durable metal or wood plaque which shall
be firmly fixed to the vehicle when used for
1978
e
e
e
e
e
SOLID WASTE
refuse collection and transportation. Such
legend shall be printed in letters no less
than two (2) inches in height and one inch
in width, and shall be clearly legible. Such
legend shall include the name under which
the vehicle is licensed.
(7) No vehicle shall be loaded with rubbish,
waste matter or junk in a manner which
will permit material to swing off, fall out,
or jar loose and fall to the ground while in
motion. Loose paper, trash, rubbish and small
materials shall be secured against any wind
dispersal, jiggling or jarring which will allow
such material to blow or fall out of the
vehicle.
(8) Whenever vehicles are to be used for the
transportation of containers holding un-
drained garbage or swill the containers so
carried shall be constructed and maintained
so as to prevent any splash, spillage, drip-
page or leakage of liquid.
(9) Every vehicle licensed hereunder shall be
properly maintained in good operating con-
dition in order to provide dependable ser-
vice to subscribers. (Code 1966, ~ 31-73)
Cross reference-Traffic and motor vehicles, Ch. 38.
Sec. 34-52. Additional regulations authorized.
The health officer shall make, adopt and pub-
lish such rules as may be necessary to make this
article effective and facilitate the systematic col-
lection, handling and disposal of refuse. (Code
1966, ~ 31-74)
Sees. 34-53-34-60. Reserved.
DIVISION 2. LICENSE*
Sec. 34-61. Required; exemptions.
(a) It shall be unlawful for any person to col-
lect, transport or haul on any streets or alleys in
the city or dispose in any manner any refuse ac-
cumulated in the city without first having obtained
a refuse hauler's license as described in this divi-
sion; provided, this section shall not be construed
to apply to the following:
.Cross reference-Licenses generally, Ch. 20.
~ 34-63
(1) The water and sewerage department or other
departments of the city;
(2) Any and all other governmental agencies;
(3) To persons who collect and transport refuse
produced on premises owned and/or occupied
by the person;
(4) Builders, wrecking or demolition contractors,
or other persons engaged in construction or
similar occupations;
(5) To persons engaged in the occupations known
as tree trimmers or tree surgeons, agricul-
ture, arboriculture, horticulture, gardening,
lawn care, landscaping, nursery work, or sim-
ilar occupations.
(b) Persons who are not required to obtain a
license under this division shall comply with all
other sections of this article and such other regu-
lations as are prescribed by the health depart-
ment for the transportation of refuse over and
upon the streets and alleys of the city. (Code 1966,
~ 31-62)
Sec. 34-62. Application; approval.
Each person required by this division to be li-
censed to collect or remove refuse within the city
shall make application for such license with the
city clerk. Upon approval of the health officer,
the application shall be forwarded to the police
department for the vehicle to be inspected as to
compliance with this Code, city ordinances and
state statutes relating to equipment and opera-
tion of motor vehicles. Upon approval by the po-
lice department, the application shall be forwarded
to the city clerk for issuance of the license as
hereinafter provided. (Code 1966, ~ 31-63)
Sec. 34-63. Liability insurance required.
A certificate of insurance shall show that the
applicant is covered by an effective public liabil-
ity insurance policy issued by a solvent corpora-
tion authorized to do business within the state,
with limits of not less than the maximum liabil-
ity for claims which could be asserted against the
city, for any number of claims arising out of a
single occurrence or accident under the Kansas
Tort Claims Act, as amended. Such insurance pol-
icy shall not be cancelled or terminated until at
1979
~ 34-63
SALINA CODE
least twenty (20) days after a notice of cancella-
tion of the insurance policy is received by the city
clerk. (Code 1966, ~ 31-64)
Sec. 34-64. Issuance, contents of license.
The license provided for in this division shall
be signed by the city clerk, and issued with the
corporate seal of the city affixed thereto, and shall
recite the number of the license, the name of the
person to whom issued, the amount paid for such
license and a description of the vehicle licensed.
(Code 1966, ~ 31-65)
Sec. 34-65. Fee.
The license fee under this division shall be as
prescribed in section 2-2. (Code 1966, * 31-66)
Sec. 34-66. Registration decals for vehicles.
Upon issuance of a license to collect or remove
refuse within the city, the city clerk shall deliver
to the licensee one refuse hauler decal bearing
the number of the particular license for each ve-
hicle licensed to haul refuse and the licensee shall
securely attach such decal to the windshield of
the licensed vehicle in such a manner that it
shall be at all times clearly visible. (Code 1966, *
31-71)
Sec. 34-67. Transfer.
No license issued under this division shall be
assigned or transferred by a person holding same
as licensee. Such licensee may, however, change
the registration of the vehicle operated under his
license upon the following conditions:
(1) The vehicle to be newly registered shall be
inspected and approved by the police depart-
ment and health officer in the manner here-
inbefore provided.
(2) The registration of the vehicle theretofore op-
erated under such license shall be surrendered.
(3) The sum of one dollar ($1.00) as a fee for the
transfer of registration of such vehicle shall
be paid by the licensee to the city treasurer.
(4) A certificate of liability insurance coverage
as required in section 34-63 shall be filed
with the city clerk for the vehicle to be newly
registered. (Code 1966, * 31-72)
Sec. 34-68. Revocation.
All licenses issued under this division may be
revoked by the board of commissioners upon the
conviction of the licensee of having violated any
of the provisions of this article. (Code 1966, *
31-69)
Sees. 34-69-34-80. Reserved.
ARTICLE IV. SOLID WASTE
DISPOSAL AREA
Sec. 34-81. Establishment.
Section Seven (7), Township Fifteen (15), Range
Three (3) West of the 6th P.M. in Saline County,
Kansas, is hereby established as the solid waste
disposal area for the city and shall be considered
as the solid waste disposal area as the phrases
used in this article. (Code 1966, * 31-81)
Sec. 34-82. Use restricted.
All persons and their agents, whose residence
or places of doing business are within the corpo-
rate limits of the city or are within the county
shall be privileged to use the facilities of the solid
waste disposal area upon payment of the estab-
lished fees for the depositing or dumping of solid
waste originating with the city or county. No per-
sons other than those above designated, shall enter
into or upon the solid waste disposal area or use
the same for any purpose whatsoever and no solid
waste except solid waste originating in the city or
within the county shall be placed in the area.
(Code 1966, * 31-82)
Sec. 34-83. Rules and regulations.
All persons or their agents, having the right to
use the facilities of the solid waste disposal area
as provided in this article shall abide by and con-
form with all the rules and regulations which
may be adopted by the city in regards to the
operation of the solid waste disposal area and
with all instructions or orders of the persons au-
thorized by the city to supervise dumping opera-
tions and with all signs and notices posted at the
area. No persons or their agents shall have the
right to use the disposal area except during the
1980
e
e
e
-
e
hours specified by notice posted at the gate or
entrance thereof. (Code 1966, ~ 31-83)
Sec. 34-84. Removal of objects.
No persons or their agents, shall, except by
written permission of the city, remove any article
or object which has been deposited or dumped at
the solid waste disposal area. (Code 1966, ~ 31-84)
Sec. 34-85. Service fees.
(a) The city shall from time to time, by resolu-
tion, establish fees for the use of the solid waste
disposal area and the fees shall become effective
upon publication of the resolution establishing
fees in the official city paper.
(b) The board of commissioners may by resolu-
tion temporarily suspend or waive the collection
of the service fees established by the city for the
use of the solid waste disposal area. (Code 1966,
~~ 31-85, 31-86)
SOLID WASTE
~ 34-85
[The next page is 2031]
1981
e
e
e
-
e
Chapter 35
STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES.
In General, U 35-1-35-20
Bench Marks, ~~ 35-21-35-35
Obstructions and Encroachments, U 35-36-35-60
Div. 1. Generally, ~~ 35-36-35-50
Div. 2. Obstructing Visibility at Intersections, ~~ 35-51-35-60
Moving Buildings, U 35-61-35-100
Div. 1. Generally, ~~ 35-61-35-80
Div. 2. Permit, ~~ 35-81-35-100
Numbering Buildings, U 35-101-35-120
Driveways and Sidewalks, U 35-121-35-175
Div. 1. Generally, ~~ 35-121-35-150
Div. 2. Permit, ~~ 35-151-35-175
Service Pipes and Sewers Ahead of Paving, ~~ 35-176-
35-200
Excavations, U 35-201-35-230
Railroad Crossings, U 35-231-35-250
Snow and Ice on Sidewalks, U 35-251-35-254
Art. I.
Art. II.
Art. III.
Art. IV.
~rt. V.
Art. VI.
Art. VII.
Art. VIII.
Art. IX.
Art. X.
ARTICLE I. IN GENERAL
Sec. 35.1. Ramps or runways prohibited.
It shall be unlawful for any person to place or
use, or to permit, cause or allow to be placed or
used any ramp or runway attached to the curb
on or along any public street or thoroughfare in
the city and which projects into any such street
or thoroughfare and onto the pavement thereof,
the ramp or runway herein referred to being such
as is commonly used for the purpose of driving
automobiles or other vehicles over the curb when
no driveway entrance is cut into the curb. (Code
1966, ~ 32-2)
Sec. 35.2. Salt water prohibited on pavement.
It shall be unlawful for any person to pour,
dump, place or throw, or to cause to be poured,
thrown, placed or dumped, into or upon the side-
walk, pavement or gutter in any street, alley or
other public highway or thoroughfare in the city,
or in any such place that the same will run or
drain into or upon any such sidewalk, pavement
or gutter, any salt water, salt or ice and salt, or
salty solution, substance or liquid. Any person
either acting for himself or as the agent, repre-
sentative, employee or member, officer or man-
ager of any such person who shall violate any of
the provisions of this section, shall be guilty of a
misdemeanor. (Code 1966, ~ 32-3)
Sec. 35.3. Driving rod or stake through
pavement.
It shall be unlawful for any person at any time
for any purpose whatever, to drive any rod or
stake through any pavement on any street, alley
or other public ground in the city without first
obtaining the written permit of the city engineer
to do so. (Code 1966, ~ 32-8)
*Cross references-Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or
vacating a street, boulevard, avenue, alley, or other public way, including rights-of-way saved from repeal, ~ 1-5(5); any ordinance
establishing or changing the grade of any street, avenue, boulevard or other public way saved from repeal, ~ 1-5(6); airport, Ch. 4;
consumption of alcoholic liquor in public places, ~ 5-24; consuming cereal malt beverages in public streets, ~ 5-68; buildings and
structural appurtenances, Ch. 8; cemeteries, Ch. 9; fire prohibited on streets, ~ 14-78; sale of gasoline on streets and sidewalks, ~
14-79; library, Ch. 19; curfew for minors, ~ 21-16 et seq.; mobile homes and trailers, Ch. 22; parks and recreation, Ch. 27; planning,
Ch. 29; public utilities, Ch. 31; subdivision regulations, Ch. 36; traffic and motor vehicles, Ch. 38; trees and shrubs, Ch. 39;
vehicles for hire, Ch. 40; water and sewers, Ch. 41; zoning regulations, Ch. 42.
2031
~ 35-4
SALINA CODE
Sec. 35-4. Removing, interfering with barri-
cades, warning devices.
It shall be unlawful for any person to remove,
displace, take away or in any manner interfere or
meddle with any barricade, barrier, obstruction,
railing, light or other warning signal placed by
the city, or any agent thereof or by any person
acting under the authority or with the consent of
the city, for the purpose of protecting any pave-
ment, sidewalk or other public improvement in
the course of construction in the city. (Code 1966,
~ 32-9)
Sec. 35-5. Using sidewalk or paving protected
by barriers, warning devices.
It shall be unlawful for any person to walk
upon or use any sidewalk or to use or operate any
kind of vehicle upon and over any pavement in
the course of construction in the city when the
same shall be protected against such use by means
of barriers, barricades, obstructions, lights or other
warning signals placed there by the city or by
persons acting with authority and consent of the
city, for the purpose of protecting such unfinished
pavement, sidewalk or other public work against
damage until its completion. (Code 1966, ~ 32-10)
Sec. 35-6. Permits required for certain con-
struction in, under streets, sidewalks.
It shall be unlawful for any person to construct
in any street or in or under any sidewalk in the
city any bulkheads, cellar or basement ways, area-
ways, railings or stairways, or excavations for
any of the same without first securing from the
board of commissioners a permit for the same
which shall in each case state specifically the
terms and conditions under which such permit is
issued and the manner in which and the condi-
tions under which the same shall be maintained.
(Code 1966, ~ 32-11)
Sec. 35-7. Protection of stairways, areaways.
It shall be unlawful for any person to use or
maintain in any street or in or under any side-
walk in the city any cellar or basement way, area-
way or stairway, unless the same shall be pro-
tected by an iron railing on all exposed sides thereof
which shall consist of at least two (2) rails, the top
one of which shall be at least thirty-nine (39)
inches above the street level and the other rail
one-half that height from the street level. In the
case of stairways leading into any such cellar or
basement way or areaway, the head of such stair-
way shall be protected by an iron gate comprised
of at least two (2) rails of the same height from
the street as herein specified for other railings,
which shall open outward from such cellar or base-
ment way or areaway, and shall be so constructed
that the same shall at all times be securely latched
so that the same cannot be opened by a person
walking into or against the same from the out-
side thereof, and such gate shall be constructed
that it shall at all times be kept closed except
when in actual use. (Code 1966, ~ 32-12)
Sees. 35-8-35-20. Reserved.
ARTICLE II. BENCH MARKS
Sec. 35-21. Bench marks established.
The bench marks heretofore established in the
city by the United States Coast and Geodetic Sur-
vey and placed upon certain established buildings
and at other places in the city, as hereinafter set
forth, are hereby established as the official bench
marks to be used in ascertaining and fixing the
elevations and grades of the streets and dfteys in
the city, the location of said established bench
marks and their elevations above sea level, as
fixed by said survey being as follows, to wit:
At Salina, 0.9 mile north along Santa Fe Av-
enue from the crossing of the Union Pacific
Railroad, directly across Otis A venue from the
southeast corner of the grounds of the St. John's
Military School, 277.3 feet east of the east con-
crete curb of the north end of Santa Fe A venue,
34.0 feet west of the center of North Fifth Street,
33.0 feet south of the center of Otis Avenue,
11.2 feet east southeast of a fire hydrant, set in
a concrete post about flush with the top of the
ground. A bench mark disk stamped M 167
1934. . . . . . . 1217.196 feet
At Salina, along the west side of the block
occupied by the old Saline County Court House,
2032
e
e
e
-
e
STREETS, SIDEWALKS, PUBLIC PLACES
along the east side of Tenth Street and about
midway between Elm Street and Park Street,
in the north wall of the brick boiler house, 4.0
feet west of the northeast corner of and 2.5 feet
east of the east side of the north entrance door,
3.2 feet above the top of a concrete walk,
set vertically in the north wall of the build-
ing. A bench mark disk stamped Q 167
1934 . . . . . . . . . . . . . . . . . . . . . . . .. 1229.397 feet.
At Salina, 4.0 miles south along the Union
Pacific Railroad from the station at Salina, at a
road crossing, 3 poles south of milepost 4, 143
feet south of the center line of Magnolia Road,
74 feet west of the west rail, 44.5 feet west of a
fence, 2.6 feet north of a witness post, set in the
top of a concrete post which projects 0.5 foot
above the ground, directly beneath the center
of a power line tower. A bench mark disk
stamped B 292 1952 . . . . . . . 1238.734 feet.
(Code 1966, S 32-23)
Sees. 35-22-35-35. Reserved.
ARTICLE III. OBSTRUCTIONS AND
ENCROACHMENTS
DIVISION 1. GENERALLY
Sec. 35-36. Prohibited.
It shall be unlawful for any person to obstruct
or encroach upon any sidewalk, street, avenue,
alley or other public property. (Code 1966, S 32-37)
Sec. 35-37. Notice and removal.
Wherever any obstruction may be found upon
any sidewalk, street, avenue, alley or in other
public places in the city, it shall be the duty of the
chief of police immediately to notify the owner or
occupier of the premises fronting thereon or the
person placing the same thereon to remove the
same without delay, and upon failure so to do, the
chief of police shall have the obstruction removed
at the expense of the owner or occupiers of the
property and such expenses, if not paid, shall be a
valid claim in favor of the city against such per-
sons. (Code 1966, S 32-38)
~ 35-40
Sec. 35-38. Temporary while receiving, ship-
ping merchandise.
Persons occupying premises fronting thereon
may have such temporary use of the streets and
sidewalks as shall be actually necessary in re-
ceiving and shipping merchandise. (Code 1966, S
32-39)
Sec. 35-39. In the course of building con-
struction.
Any person erecting buildings in the city may,
for the time occupied in their erection and while
it is necessary to do so, occupy a reas.onable por-
tion of the streets and sidewalks in front of the
same for receiving and delivering materials, but
in no case shall he obstruct the gutters so as to
prevent the passage of water therein, and when it
shall be necessary in any such case for the owner
of the property to take up and remove the side-
walk, he shall, at the time of so taking up and
removing, construct a temporary sidewalk not less
than three (3) feet wide for the public travel and
convenience; and in case of open basements or
other excavations, the owner or occupier of the
property upon which the same are situated or the
person in charge of the excavation shall provide
the same with sufficient guards to protect against
accidents. (Code 1966, S 32-40)
Sec. 35-40. Use of public property for aesthetic
purposes by abutting property
owners.
The board of commissioners may grant a per-
mit to any person to use a portion of any side-
walk, street, avenue, alley or other public prop-
erty abutting upon their property for aesthetic
purposes notwithstanding the provisions of sec-
tion 35-36. Application for such permit shall be
made to the city clerk and shall be referred by
him to the board of commissioners. The applica-
tion for such permit shall be accompanied by a
detailed plan and specifications for the proposed
project. If the board of commissioners, on consid-
eration of the application, finds that the proposed
project will be beneficial to the appearance of the
city and in accordance with any comprehensively
planned development program for the area, and
will not interfere with the use of the sidewalks,
2033
~ 35-40
SALINA CODE
street, avenue or alley for the public purpose for
which it was intended, the board of commission-
ers may grant a permit to the applicant for such
purpose on such terms, conditions and restrictions
as it deems in the public interest; provided how-
ever, that any permit granted hereunder shall be
subject to revocation by the board of commission-
ers in the event that the property is required for
public purposes or if the abutting property own-
ers fail or neglect to use the same for the purposes
for which the permit was granted or fail or ne-
glect to maintain the same in a good state of
repair and in that event, then the abutting prop-
erty owner shall be required to remove any im-
provements made under the permit. (Code 1966, ~
32-41)
Sec. 35.41. Wires in streets-Prohibited.
It shall be unlawful for any person, except elec-
tric light, telephone, telegraph and cable televi-
sion companies, or other persons who shall have
or may hereafter secure a franchise or license so
to do, to construct, place or maintain any wires
in, over or across any of the public streets or
alleys or other public thoroughfares or public places
in the city. (Code 1966, ~ 32-42)
Sec. 35-42. Same-Duty to remove; declared
nuisance; abatement.
Any wires constructed, placed or maintained
contrary to the provisions of the preceding section
shall be removed by the person responsible there-
for at the direction of the electrical inspector of
the city. If such wires are not so removed, they
shall be deemed to constitute a public nuisance
and may be abated as other public nuisances are
abated, at the cost of such person, and in addition
to such remedy by abatement, the electrical in-
spector shall have authority to take down and
remove any such wires at any time at the cost of
such person. (Code 1966, ~ 32-43)
Sees. 35-43-35-50. Reserved.
DIVISION 2. OBSTRUCTING VISIBILITY AT
INTERSECTIONS
Sec. 35.51. Prohibited.
In all areas on public or private property at any
corner formed by intersecting streets, it shall be
unlawful to install, set out or maintain or to allow
the installation, setting out or maintenance of
any sign, fence, hedge, shrubbery, natural growth
or other obstruction to view, or the parking of any
vehicle other than passenger cars, within that
triangle formed by the curb lines ( or the shoulder
of the road where no gutter exists), of the inter-
secting streets drawn from the apex of the inter-
secting curb lines back a distance of sixty (60) feet
with a line drawn between such points to form a
base, such area to be herein referred to as a clear
site zone. (Corle 1966, ~ ~ 32-55, 36-505(1))
Sec. 35.52. Exceptions.
The provisions of section 35-51 shall not apply
to permanent buildings; public utilities poles; hedges
trimmed to a height of less than three (3) feet;
trees, the limbs of which are at all times kept
trimmed of limbs and sucker growth on the trunk
to a height of at least eight (8) feet or the limbs of
which overhang the public street and are at all
times kept trimmed of sucker growth to a height
of at least thirteen (13) feet; plant species not
planted in the form of hedge which are so planted
and trimmed as to leave at all times a clear and
unobstructed cross view; fences not exceeding four
(4) feet in height provided that the ratio of the
solid portion of the fence to the open shall not
exceed twenty-five (25) percent; supporting mem-
bers appurtenant to permanent buildings exist-
ing on June 25, 1965; official warning signs or
signals; to places where the contour of the ground
is such that there can be no cross visibility or
signs mounted ten (10) feet or more above the
ground whose supports do not constitute an ob-
struction; and, noncommercial signs constructed
parallel with the base line which in the opinion of
2034
e
e
e
-
e
STREETS, SIDEWALKS, PUBLIC PLACES
the police department do not obstruct the clear
site zone. All heights herein mentioned shall be
measured from the gutter grade at the apex of the
clear zone triangle. (Code 1966, ~ ~ 32-56, 36-505(2))
Sec. 35-53. Preexisting violations not excepted.
No obstruction to cross visibility shall be de-
termined to be an exception from the application
of this division because of its being in existence
on June 21, 1965, unless expressly exempted by
the terms of this division. (Code 1966, ~~ 32-57,
32-505(3))
Sec. 35-54. Notice, removal by property owner.
When in the opinion of the police department
an obstruction to visibility exists as prohibited
herein, it shall be the duty of the department to
give notice in writing to the property owner or
owners complained against, providing that the
notice shall specify in what manner a traffic haz-
ard has been alleged to exist. Such notice shall
direct the removal by the property owner or own-
ers of such structures, trees or other obstructions
which constitute said traffic hazard. Such prop-
erty owner or owners shall be allowed ten (10)
days in which to comply with the order, except
obstructions of a temporary nature which shall be
removed on notice. (Code 1966, ~ ~ 32-58, 36-
505(4))
Sec. 35-55. Removal by city.
If within ten (10) days after the service of such
notice, either by mailing or by personal delivery,
the owner or owners of the lot or parcel of land
have failed, refused, or neglected to remove such
obstructions, then the city shall cause to be re-
moved such obstructions on the lot or pieces of
land of said owner, and the cost of such removal
shall be assessed and charged against the lot or
parcel of ground on which the obstruction was lo-
cated and the city clerk shall at the time of certi-
fying other city taxes, extend the same on the tax
rolls of the county against the lot or parcel of
ground and it shall be collected by the county
treasurer and paid to the city as other taxes are
collected and paid. (Code 1966, ~~ 32-59, 36-
505(5))
~ 35-63
Sees. 35-56-35-60. Reserved.
ARTICLE IV. MOVING BUILDINGS
DIVISION 1. GENERALLY
Sec. 35-61. Notice to building official required.
The applicant for a moving permit shall give
the building official twenty-four (24) hours' notice
in writing or in person before moving the build-
ing on any city street, which shall entitle the
applicant to use the streets of the city for such
moving operations during one calendar day. (Code
1966, ~ 32-78)
Sec. 35-62. Height of building.
The over-all height of a building, when loaded
up for moving, shall not exceed twenty-five (25)
feet, as determined by the building official. (Code
1966, ~ 32-79)
Sec. 35-63. Removal of wires.
Any person desiring to move any house or other
building on, over or across any street, avenue,
alley or other public thoroughfare, across or along
which any telegraph, telephone, electric light or
fire alarm wires, coaxial cable, railroad signal
light power lines or other types of wires or cables
have been erected and maintained with the knowl-
edge, permission and consent of the city, shall
give to the person owning or in charge of such
wires at least twenty-four (24) hours' written no-
tice of the time and place, when and where it may
be necessary to cut or remove such wires to per-
mit the moving of such house or other building
and shall deposit in advance with such person the
estimated cost of cutting, removing and replacing
such wires. The owner or person in charge of such
wires shall, within a reasonable time after the
hour mentioned in such notice, remove the wires
for a sufficient length of time to permit such mov-
ing, and the entire cost and expense of removing,
cutting and replacing of the wires, including the
time spent by the employees of the owner of such
wires in going to and from such place, so as to
2035
~ 35-63
SALINA CODE
permit the moving of any such house ?r other
building, shall be paid by the person makmg such
request; provided, however, that if by the terms
of any existing franchise or ordinance, any person
has been given the right to maintain wires on,
alortg or across any street or public thorou~hfare
in the city at a distance of not less than sIxt~en
(16) feet from the ground, then the person owmng
such wires shall not be required to remove and
replace the same without charge unless such wires
shall be less than sixteen (16) feet above the sur-
face of street. (Code 1966, S 32-80)
Sec. 35-64. Moving on certain streets prohib-
ited; special permits.
It shall be unlawful for any person to move any
house or other building into, along, through, upon
or across Santa Fe Avenue, Fifth Street and Sev-
enth Street between the south line of Elm Street
and the south line of Walnut Street, or into, through,
along, upon or across Ash Street, Iron Avenue or
Walnut Street between the east line of Fourth
Street and the west line of Ninth Street, except
that for the moving of any house or other build-
ing across the Smoky Hill River or across or along
any of such streets, a special permit may be granted
by the city manager. (Code 1966, S 32-81)
Sec. 35-65. Precautions required when building
left in street at any time.
If any house or other building bei~g moved
shall be left standing in any street at mght or at
any other time, while no work is being done in
connection with the moving thereof, the person
doing such moving shall place at each end of the
block a warning sign of such size and method of
construction as may be approved by the buildin~
official, which shall, however, leave space at eI-
ther side of such sign for the passing of traffic, for
the purpose of notifying users of such street that
the same is blocked and impassable, and any such
sign shall be sufficiently lighted at night ~o as to
make it plainly visible to all approachmg the
same and the person so moving any such house .or
building at the close of work on each day notify
the fire chief of the exact location of any such
house or other building in any street, avenue,
alley or other public thoroughfare in the city.
(Code 1966, ~ 32-82)
Sec. 35-66. Precautions required when left
in street at night.
It shall be unlawful for any person to permit
any house or other building being moved to stand
in or upon any street, avenue, alley or any other
public thoroughfare in the city between the hour
of sunset and the hour of sunrise without placing
and maintaining between such hours, in a con-
spicuous position on the house or other building,
at least three (3) red lights or flashing lights or
lanterns on each side of such house from which
direction any traffic may approach, and without
placing and maintaining between such house, upon
any and all apparatus or equipment used in con-
nection with such house moving, and remaining
in any such street and thoroughfare, a sufficient
number of red lights or flashing lights or lanterns
so as to make the same visible to all approaching
traffic. (Code 1966, S 32-83)
Sec. 35-67. Extending over curb line.
No house or other building shall be moved over,
through, on or across any street, avenue, alley or
other public thoroughfare in the city, where any
part of such house or building extends over either
curb line of such street, alley or public thorough-
fare, except in the block from which or into which
the house is to be moved. (Code 1966, S 32-84)
Sec. 35-68. Planking required; exception.
No house or other building shall be moved over
or along any paved street in the city unless plank-
ing not less than two (2) inches in thickness, of a
width equal to the full width of the rollers on
which the building is moved, shall be laid under
all rollers; provided, that where any such house
or building has a total floor area on all floors
intended for living or business purposes of one
thousand two hundred fifty (1,250) square feet or
less, the person moving the same, with the con-
sent and written permission of the city engineer,
on a showing made to such engineer that such
house or building can be moved without planking
without injury to the paving on any street, omit
such planking on any such street or such part
thereof as may be described in such permit; pro-
vided further, that a permit to omit such plank-
ing, or the use of planking where required and
2036
e
e
e
-
e
STREETS, SIDEWALKS, PUBLIC PLACES
used, shall not relieve the person moving any
such house or other building or the surety on his
bond, from liability for any damage which may be
done to any pavement over or along which such
house or building may be moved. (Code 1966, ~
32-85)
Sec. 35-69. Trimming of trees.
No tree or any branch, limb or part thereof
shall be broken, cut off or removed by any person
for the purpose of moving any house or building,
except under the direction and supervision of the
building official or of a person duly authorized by
him, and in such manner and way and with such
treatment of the tree thereafter as may be ap-
proved by the building official. Any person so
breaking or removing any tree or part thereof as
herein provided for or who shall direct or request
such breaking, cutting or removing, or who may
be responsible therefor, shall pay the expense of
such supervision and the expense of any employ-
ees of the building official or the city in and about
such supervision or in the cutting or treatment of
such tree; provided, that this section shall not be
deemed to permit the cutting or trimming of any
tree contrary to the provisions of the laws of the
state nor to relieve any such person of any liabil-
ity on account of any such laws of the state; pro-
vided further, that for the purpose of this section,
the building official or his employees or other
employees of the city, shall, when engaged in the
cutting, trimming or removing of any tree or part
thereof for the purpose of permitting any house or
building to be moved, or when engaged in any
manner in trimming or cutting any tree or part
thereof at the direct\on or request of any such
person, be deemed to be the agent and represen-
tative of the person on whose behalf such cutting
or trimming as provided for by the permit for
moving such house or building; and such person
shall be responsible for the acts of the building
official or any other such employees in connection
with the cutting, trimming or destruction of any
such tree or parts thereof. (Code 1966, ~ 32-86)
Cross reference-Trees and shrubs generally, Ch. 39.
~ 35-72
Sec. 35-70. Leaving building standing more
than one hour.
No building shall be stopped and left standing
for a longer period than one hour except between
the hours of 5:00 p.m. of one day and 8:00 a.m. of
the succeeding day. (Code 1966, ~ 32-87)
Sec. 35.71. Crossing railroad tracks.
No house or building moving permit shall be
issued without the mover having first obtained
from any railroad whose tracks are to be crossed
a written statement indicating that the railroad
and the mover have agreed upon the time that
the tracks are to be crossed by the house or build-
ing being moved so that the time of crossing will
be coordinated with all existing train schedules.
This written statement must be filed with the
city clerk before the house or building moving
permit shall be issued by the city clerk. The mover
shall notify the railroad whose tracks are to be
crossed of the intended date and hour of crossing
within forty-eight (48) hours of that time. The
railroad shall advise the movers of its schedules
and execute the consent and deliver the same to
the mover within not less than twenty-four (24)
hours following notification of the railroad by the
mover. (Code 1966, ~ 32-88)
Sec. 35-72. Violations.
Any person, either as an individual or as the
officer, agent, representative, employee or mem-
ber of any firm or corporation, and whether as the
owner or as the representative of such owner of
the house being or to be moved, or whether as the
contractor for the moving of any such house, who
shall violate any of the provisions of this article,
or who shall order, direct, authorize or permit the
violation of any of the provisions of this article
shall be deemed guilty of a misdemeanor; provid-
ed, that each and every violation of any provi-
sions of this article shall be deemed a separate
offense and that each separate day's violation of
the provisions of this article shall be deemed a
separate offense; provided further, that the per-
2037
~ 35-72
SALINA CODE
son making the application for the permit pro-
vided for in this article, whether as an individual
or as an agent, employee or representative of any
firm or corporation, shall be deemed to have au-
thorized and shall be responsible for any viola-
tion of this article by any other person in any way
connected with the moving of such house or build-
ing, but nothing herein contained shall be con-
sidered as relieving any other person from respon-
sibility of any violation of the terms of this article
of which such person may be found guilty. (Code
1966, ~ 32-89)
Sees. 35-73-35-80. Reserved.
DIVISION 2. PERMIT
Sec. 35-81. Required.
No person either as an individual or as the
agent, employee, officer, representative or mem-
ber of any firm or corporation, shall move any
frame house or other building, or any part there-
of, from one place to another within the city, and
through, over, on or across any street, avenue,
alley or other public thoroughfare within the city
without first making application for and securing
a permit so to do from the city clerk as provided
in this division. (Code 1966, ~ 32-70)
Sec. 35-82. Application.
The application for a moving permit shall con-
tain a description of the building, its location, the
location to which it is to be moved and the pro-
posed route. (Code 1966, ~ 32-71)
Sec. 35-83. Approval of application by build-
ing official.
Before any application for a moving permit is
filed, it shall be referred to the building official of
the city, who shall inspect any such house or
building described in such application, and if the
floor area does not exceed two thousand (2,000)
square feet, and if in his opinion, such house or
building is in a proper and fit condition to be
moved to the destination designated by the appli-
cant, and that after such moving it will remain in
a proper and fit condition for the use intended, he
shall endorse his certificate of approval upon the
application. (Code 1966, ~ 32-72)
Sec. 35-84. Approval of route by fire chief,
city engineer.
If the application for a moving permit is ap-
proved by the building official, he shall submit
the same to the fire chief and the city engineer for
their approval of the route over which such build-
ing is to be moved. Such approval shall be noted
on the application; and if the route is rejected, the
fire chief or city engineer shall note thereon a
route which is satisfactory to them. (Code 1966, ~
32-73)
Sec. 35-85. Fees.
(a) For a moving permit to move any frame
house or other building or any part thereof through,
over, on or across any street, avenue, alley or
other public thoroughfare within the city, the ap-
plicant shall pay to the city at the time such
application is filed an initial fee as prescribed in
section 2-2.
(b) If the moving operations are not completed
within one calendar day, the applicant shall pay
to the city for use of its streets an additional fee
in the amount of the initial fee for each calendar
day or any part thereof, for which the city streets
are used in such moving operations. (Code 1966,
~~ 32-74, 32-75)
Sec. 35-86. Bond required.
Before the issuance of any permit by the city
clerk, the applicant therefor shall file with the
city clerk a bond in the sum of five thousand
dollars ($5,000.00) conditioned that the applicant
shall and will carry out and perform all of the
duties imposed upon him by the provisions of this
article, and that such applicant will indemnify
and save harmless the city and all other persons
from and against all damages and injury caused
by such moving and from and against all claims
for injury or damage whatsoever suffered or claimed
to haye been suffered on account of the moving of
any such house or building or on account of the
omission or commission of any act in connection
therewith, and indemnifying the city and the pub-
2038
e
e
e
-
e
STREETS, SIDEWALKS, PUBLIC PLACES
lic and any and all persons against any injury,
damage or loss suffered by them or caused by
reason of the moving or resulting therefrom or
from the violation of any of the terms of this
article. Such bond shall be approved as to form by
the city attorney and as to the sufficiency of the
sureties by the city manager. Any individual who
is damaged by reason of such moving may file
suit directly against the surety named in such
bond. One bond may be filed by any person to
cover any and all moving of houses or buildings
by such person during the period of such bond.
Any surety may cancel any such bond as to future
liability by giving ten (10) days' notice in writing
of such cancellation to the city clerk, to take ef-
fect at the expiration of said ten (10) days, and
after the giving of such notice, no permit shall be
issued to the principal in such bond until he shall
file another bond as required by this section. (Code
1966, ~ 32-77)
Sec. 35-87. Issuance, duration.
When an application for a moving permit is
filed, with the certificate of the building official,
fire chief, and city engineer, noted thereon, the
city clerk shall issue the permit, which permit
shall be valid for sixty (60) days from the date of
issuance. (Code 1966, ~ 32-76)
Sees. 35-88-35-100. Reserved.
ARTICLE V. NUMBERING BUILDINGS
Sec. 35-101. Compliance required.
All the business houses and dwellings situated
within the corporate limits of the city shall be
numbered in the manner and according to the
plan specified in this article. (Code 1966, ~ 32-100)
Sec. 35-102. Starting points.
The initial or starting lines for building num-
bers shall be Santa Fe Avenue and Iron Avenue,
numbering north and south from Iron A venue
and east and west from Santa Fe Avenue, and
~ 35-120
allowing one hundred (100) numbers to each block.
All short and angling streets shall take the near-
est parallel corresponding block number. The city
engineer is hereby authorized to make exceptions,
but as consistent with the numbering system pro-
vided as possible, for odd arrangements of streets.
(Code 1966, ~ 32-101)
Sec. 35-103. Even and odd numbers.
Beginning at the intersection of Santa Fe A ve-
nue and Iron Avenue, even numbers shall be as-
signed to the right-hand side of the streets and
the odd numbers to the left-hand side of the streets.
The assignment of address numbers shall be the
responsibility of the city engineer. (Code 1966, ~
32-102)
Sec. 35-104. Size of figures.
The figures used for numbering buildings shall
not be less than two and one-half (21;2) inches
high. (Code 1966, ~ 32-103)
Sec. 35-105. Assignment of numbers.
It shall be the duty of the city engineer to see
that all buildings which may hereafter be erect-
ed, or changed in the fronts of buildings already
erected, shall be supplied with the number or
numbers to which they shall be entitled under
this article by the owners thereof and in all such
cases the figures shall correspond with the plan
or system and specifications herein contained. The
building official shall state the street number of
the building on the building permit for a new
building. (Code 1966, ~ 32-104)
Sec. 35-106. Duty to display numbers.
No business house or dwelling situated within
the corporate limits of the city shall be erected
without forthwith having displayed the number
assigned to such building on and in front of such
building, (Code 1966, ~ 32-105)
Sees. 35-107-35-120. Reserved.
2039
~ 35-121
SALINA CODE
ARTICLE VI. DRIVEWAYS AND
SIDEWALKS
DIVISION 1. GENERALLY
Sec. 35-121. Definitions.
The following words and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
(1) Contractor means a person who is licensed
by the city to perform concrete construc-
tion within the public right-of-way.
(2) Corner means the point of intersection of
the property lines of a corner lot where two
(2) streets intersect.
(3) Curb parking space means a length of curb
equal to twenty-two (22) feet where an au-
tomobile or other vehicle can park.
(4) Curb return means that portion of a curb
next to a driveway approach which includes
the radius of curvature or the ramp-type
lug on commercial or industrial type pave-
ments and which connects the driveway
approach to the street curb.
(5) Driveway means a place on private prop-
erty for the operation of automobiles and
other vehicles.
(6) Driveway approach means an area, construc-
tion or facility between the roadway of a
public street and private property. For clari-
fication, a driveway approach must provide
access to something definite on private prop-
erty such as a parking area, a driveway or
a door at least seven (7) feet wide intended
and used for the entrance of vehicles.
(7) Outside sidewalk line means a line parallel
to the property line lying along the edge of
the sidewalk nearest the street roadway or
curb; or, where no sidewalk exists, a line in
the street right-of-way parallel to and six
(6) feet from the line of the private property.
(8) Parcel of land means a lot or lots, or tract
officially registered under one ownership.
(Code 1966, ~ 32-116)
Cross reference-Definitions and rules of construction gen-
erally, * 1-2.
Sec. 35-122. Supervision of work; rules;
regulations authorized.
All work done under a permit issued in compli-
ance with this article shall be under the direction
and supervision of the city engineer, who is hereby
authorized to make the necessary rules, regula-
tions and specifications with respect to materials
for and method of construction of such driveway
approaches or sidewalks. Such rules, regulations
and specifications shall be kept on file in the
office of the city engineer and the city clerk at all
times. (Code 1966, ~ 32-131)
Sec. 35-123. Reserved.
Sec. 35-124. Plans and specifications adopted;
m.ing; amendments.
The plans and specifications for sidewalks, drive-
way approaches, curbing and guttering and other
concrete work in the streets and designated "Speci-
fications for Concrete Work", are hereby adopted
by reference. Copies shall be kept on file in the
offices of the city clerk and the city engineer.
(Code 1966, ~ 32-217)
Sec. 35-125. Compliance with plans and
specifications.
All sidewalks, driveway approaches, curbing and
guttering constructed, reconstructed or rebuilt in
any of the streets or public grounds of the city
shall be constructed of concrete in accordance with
plans and specifications as to material and meth-
ods of construction to be furnished by the city
engineer. (Code 1966, ~ 32-205)
Sec. 35-126. Maintenance required; removal
and reconstruction.
Every driveway approach and recessed parking
area shall be maintained and kept in a safe con-
2040
e
e
e
-
e
STREETS, SIDEWALKS, PUBLIC PLACES
dition by the owner of the property served there-
by, and any such driveway approach which shall
not be so maintained and kept or which shall
interfere with or obstruct the drainage carried by
such street or the use of the street for the purpose
of travel shall be repaired to conform with the
specifications of this article and the rules, regula-
tions and specifications of the city engineer or be
removed. Upon the removal of cessation of use, of
any such driveway approach, that portion of the
street occupied by the same shall be restored as
nearly as practicable to its former condition and
all curbing and guttering shall be replaced, all by
and at the expense of the owner of the property
served thereby. (Code 1966, ~ 32-133)
Sec. 35-127. Compliance with article required.
In addition to the rules, regulations and speci-
fications promulgated by the city engineer with
respect to driveway approaches or sidewalks, the
following requirements shall be complied with in
the work done under the provisions of this article.
(Code 1966, ~ 32-141)
Sec. 35-128. Approaches to be paved.
All driveway approaches shall be paved. (Code
1966, ~ 32-142)
Sec. 35-129. Where driveway approaches
prohibited.
It shall be unlawful for any person to construct,
alter or extend, or permit or cause to be construct-
ed, altered or extended, any driveway approach
which can be used only as a parking space or area
between the curb and private property. (Code 1966,
~ 32-129)
Sec. 35-130. Reserved.
Sec. 35-131. Location of driveway approach.
No portion of a driveway approach, including
the curb return, shall be constructed within six
and one-half (6%) feet of a corner. (Code 1966, ~
32-159)
Sec. 35-132. Width of driveway approaches.
No driveway approach shall be less than eight
(8) feet nor more than thirty (30) feet in width at
~ 35-136
the outside sidewalk line; provided, that the city
engineer shall be empowered to grant special ex-
ceptions to the above and foregoing limitations.
The granting or denial of such special consent by
the city engineer shall be predicated upon the
calculated additional hazard to the general public
as a consequence of allowing such exception in
each particular case. (Code 1966, ~ 32-156)
Sec. 35-133. Distance between driveway
approaches.
There shall be not less than one curb parking
space between any two (2) driveway approaches
located on any parcel of land. (Code 1966, ~ 32-157)
Sec. 35-134. Location of sidewalks.
(a) Sidewalks shall be property-line sidewalks
or curb sidewalks.
(b) A property-line sidewalk is one whose in-
side edge is one foot from the adjacent property
line; or, in business districts, at the property line.
(c) A curb sidewalk is one abutting the curb or
curbline.
(d) When a sidewalk exists on one side of a
street between two (2) adjacent streets that cross
or intersect it or in the case of a dead-end street,
from the last street to the end of the dead-end
street, all new sidewalk construction shall be lo-
cated to conform with the existing sidewalk loca-
tion. (Code 1966, ~ 32-218)
Sec. 35-135. Protection of public; nonliability
of city.
The owner and contractor shall protect the pub-
lic from injury and/or damage during the construc-
tion of driveway approaches or sidewalks and it is
herein stipulated as an essential condition of the
issuance of a permit that the city shall not be
liable for damage which may arise from the pros-
ecution of the work. (Code 1966, ~ 32-145)
Sec. 35-136. Exemption for contractors with
city.
This article shall not apply to any person doing
or performing any work of the nature herein de-
scribed for the city under a contract with such
2041
~ 35-136
SALINA CODE
city and for which regular performance, mainte-
nance and statutory bonds are required by the
city and furnished by the contractor for the spe-
cific work covered by any such contract. (Code
1966, ~ 32-204)
Sec. 35-137. Procedure for sidewalks generally.
The procedure for the construction, reconstruc-
tion and repair of sidewalks shall be as provided
by Article 18 of Chapter 12 of Kansas Statutes
Annotated, and according to requirements speci-
fied by ordinance; provided, that nothing herein
shall be construed as prohibiting the use of Arti-
cle 6a, Chapter 12, Kansas Statutes Annotated.
(Code 1966, ~ 32-206)
Sec. 35-138. Procedure for sidewalks on pe-
tition of property owners.
(a) Whenever a petition signed by persons own-
ing not less than fifty (50) percent of the real
estate abutting the proposed sidewalk construc-
tion praying for the construction of a sidewalk or
sidewalks in the area proposed, is filed with the
city clerk, the board of commissioners may, in its
discretion, by resolution, order such sidewalk or
sidewalks constructed.
(b) The cost of all sidewalks constructed under
the provisions of this section shall be assessed to
the property abutting on such sidewalks.
(c) When a sidewalk or sidewalks has or have
been constructed and where special assessments
must be levied for the expense thereof, the board
of commissioners shall, as soon as the cost is as-
certained, levy an assessment against the lots or
pieces of land chargeable therefor, by ordinance,
and the property owner shall have thirty (30) days
after the publication of the ordinance within which
to make full payment of the assessment. The city
clerk shall mail a notice not less than fifteen (15)
days prior to the end of the thirty (30) days to the
owner of the property as shown on the records of
the office of the register of deeds, but failure of
the owner to receive notice shall not affect the
validity of the assessment. The board of commis-
sioners may issue bonds in the manner provided
in the general bond law to finance the unpaid
balance of any such special assessments.
(d) The assessment for construction of such side-
walks shall be levied as provided for in K.S.A.
12-1811, 12-1812 and 12-1814; provided, that tem-
porary notes may be issued during the construc-
tion of such sidewalks and before the issuance of
sidewalk bonds. (Code 1966, ~ 32-207)
Sec. 35-139. Notice of completion of work;
inspection; disapproval and cor-
rection; license revocation.
The contractor shall notify the city engineer of
the completion of any work for which a permit
has been issued hereunder. If the city engineer
shall, upon inspection of any such completed work,
find that such work has not been done in confor-
mity with the plans and specifications for such
work, the city engineer shall have authority to
order any changes in such work which may, in
his opinion, be necessary, or may order the same
removed and reconstructed. If any contractor shall
fail to comply with any order of the city engineer
in connection with any such work, the city engi-
neer may issue an order revoking the license of
such contractor, which order may, on application
of the contractor filed with the city clerk within
ten (10) days from the date of such order, be re-
viewed and approved or set aside by the board of
commissioners. (Code 1966, ~ 32-219)
Sec. 35-140. Violations.
Any person, whether acting for himself or as
the agent, representative, employee, officer or mem-
ber of any corporation or copartnership, who shall
construct, reconstruct or rebuild any of the work
mentioned in this article in violation of the provi-
sions hereof or contrary to the plans and specifi-
cations for such work as provided for herein or
who shall do any such work without securing a
permit thereof as herein required, or who, when
required by this article, shall do any such work
without securing the license and filing the bond
or bonds required by this article, or who shall
otherwise violate any of the provisions of this
article shall be deemed guilty of a misdemeanor.
(Code 1966, ~ 32-220)
Secs. 35-141-35-150. Reserved.
2042
e
e
e
-
e
STREETS, SIDEWALKS, PUBLIC PLACES
DIVISION 2. PERMIT
Sec. 35-151. Required.
No sidewalks, driveway approaches, curbing,
guttering or any other concrete work in any street
or public grounds in the city shall be constructed,
reconstructed or rebuilt until a permit therefor
shall have been issued by the city engineer, and
shall be on such form as may be prescribed by
him, and any such plans and specifications re-
ferred to in this article shall be deemed to be a
part of any such permit. (Code 1966, ~~ 32-117,
32-215)
Sec. 35-152. Fee.
The fee for issuance of a permit under this divi-
sion shall be as prescribed in section 2.2. (Code
1966, ~ 32-215)
Sec. 35-153. Contents of form.
The permit form shall contain information showing:
(1) Type of construction;
(2) The dimensions of the proposed driveway ap-
proach or proposed sidewalk;
(3) The location of the driveway approach or side-
walk by lot and block number as well as by
street and house number;
(4) Such other information as may be required
by the city engineer. (Code 1966, ~ 32-119)
Sec. 35-154. Who must obtain permits.
The permit shall be obtained by the contractor
or by his duly authorized agent desiring to con-
struct the driveway approach or sidewalk. (Code
1966, ~ 32-120)
Sec. 35-155. Issuance.
Permits hereunder shall be issued by the city
engineer if he has determined that the contractor
has complied with the terms of this article and
such rules, regulations and specifications of the
city engineer as shall be on file in his office and
in the office of the city clerk. (Code 1966, ~ 32-121)
~ 35-158
Sec. 35-156. License, bond prerequisite to
permit.
No permit required by section 35-151 shall be
issued to any person from whom a license and
bond is required until such license shall be issued
and such bond filed and approved. (Code 1966, ~
32-216)
Sec. 35-157. Licensing.
No person shall engage in the work of construct-
ing, reconstructing or rebuilding sidewalks, drive-
ways, curbing, guttering or other concrete work
in the streets, alleys or other public grounds in
the city without first having secured from the
city clerk a license therefor. The licensee under
this article shall pay to the city an annual fee as
prescribed in section 2-2. (Code 1966, ~~ 32-208,
32-209)
Cross reference-Licenses generally, Ch. 20.
Sec. 35-158. Bond required.
(a) Before a permit shall be issued by the city
engineer, the applicant must deposit with the city
clerk a good and sufficient bond running in favor
of the city and conditioned that the applicant shall
faithfully carry out all that is required of him by
this article, the rules, regulations and specifica-
tions of the city engineer and the permit for which
application is made within a period of one hun-
dred twenty (120) days from the date of the issu-
ance of the permit.
(b) The bond hereinabove provided for shall be
in a principal sum not less than one thousand
dollars ($1,000.00) and shall run to the city as
obligee for the benefit of the city and of all per-
sons with whom the principal named therein may
contract for the construction of such work, condi-
tioned that any such work shall conform in all
respects to the plans and specifications prepared
by the city engineer and on file in his office and
that any such work shall endure without need of
repair for two (2) years from the date of the com-
pletion of any such work, and that such contrac-
tor will, without charge, make any repairs or re-
place any such work if the same shall, in the
opinion of the city engineer, become so defective
2043
~ 35-158
SALINA CODE
as to require the same within such period of two
(2) years.
(c) Before he shall issue any permit hereunder,
the city engineer shall ascertain that the bond
filed by the applicant therefor is sufficient to cover
the amount of the work to be done under such
permit, and in addition thereto, the amount of all
work being done by the same person under per-
mits previously issued and which is then uncom-
pleted, and if the amount of any such bond is
insufficient to cover all outstanding and uncom-
pleted work under permits issued or applied for,
no additional permit shall be issued until the
applicant therefor shall file an additional bond in
an amount sufficient to cover all such work; pro-
vided, that in lieu of any such additional general
bond, the applicant for any permit may file a
special maintenance bond covering only the spe-
cific work to be done under any specific permit,
and the amount of such work shall not be counted
as a part of the work covered by the general bond.
(d) After a permit hereunder has been issued,
the bond shall be forfeited if the permit holder
shall not have completed all of the work author-
ized by the permit in accordance with this article
and the rules, regulations and specifications of
the city engineer within a period of one hundred
twenty (120) days from the date of the issuance of
the permit and the city shall be authorized to
restore the parcel of land involved to the condi-
tion in which it existed prior to the commence-
ment of any work that was done under the per-
mit, including curbing and guttering where necessary,
all at the expense of the permit holder, applying
thereon the proceeds of the required bond.
(e) If the work shall be completed in accordance
with the permit, this article and the rules, regu-
lations and specifications of the city engineer within
a period of one hundred twenty (120) days from
the date of the issuance of the permit, the bond
shall be null and void. (Code 1966, ~~ 32-125-32-127,
32-213, 32-214)
Sec. 35-159. Term.
The driveway approach or sidewalk shall be
completed within one hundred twenty (120) days
after the date of issuance of a permit hereunder.
(Code 1966, ~ 32-124)
Sec. 35-160. Revocation.
(a) All permits granted for the use of public
property under the terms of this division shall be
revocable at the will of the board of commissioners.
(b) A permit issued under the provisions of this
division may be revoked by the city engineer at
any time he is satisfied that the work is not being
performed according to the provisions thereof. (Code
1966, ~~ 32-122, 32-123)
Sees. 35-161-35-175. Reserved.
ARTICLE VII. SERVICE PIPES AND
SEWERS AHEAD OF PAVING
Sec. 35-176. Duty to lay.
It shall be the duty of the owner or owners of
any lot or lots within the corporate limits of the
city to construct and lay water service pipes, gas
service pipes and sewers to the back of the curb
abutting such lot or lots whenever ordered so to
do by order, resolution or ordinance of the board
of commissioners made in conformity to law; pro-
vided, that such water service pipes, gas service
pipes and sewers shall not, by said board of com-
missioners, be ordered constructed or laid under
the provisions of this article except in regard to
property abutting upon streets upon which pav-
ing has been ordered; provided further, that the
board of commissioners shall not order the laying
or construction of more than one water service
pipe, one gas service pipe or one sewer for each lot
or fractional parts thereof along and abutting said
paving, nor shall any service pipes or sewers be
so ordered in any streets within the city where
the mains for the same are not laid. (Code 1966, ~
32-231)
State law reference-Authority to require, K.S.A. 12-832.
Sec. 35-177. Notice by city required.
The board of commissioners shall give notice of
any order to construct water service pipes, gas
service pipes or sewers by publishing an order to
such effect for three (3) consecutive days in the
official city paper. (Code 1966, ~ 32-232)
State law reference-Similar provisions, K.S.A. 12-833.
2044
e
e
e
-
e
STREETS, SIDEWALKS, PUBLIC PLACES
Sec. 35-178. Laying by city; assessment of costs.
If the owner or owners of a lot or lots ordered to
lay and construct pipes or sewers hereunder shall
refuse or neglect to lay down or construct such
water service pipes, gas service pipes or sewers
within thirty (30) days from and after the last
publication of such order, then the board of com-
missioners shall proceed to construct or cause to
be constructed and laid such water service pipes,
gas service pipes or sewers in accordance with the
provisions of law and the cost thereof shall be
assessed against the lot or fractional parts thereof
for which such service pipes or sewers are laid.
(Code 1966, ~ 32-233)
State law reference-Similar provisions, K.S.A. 12-833.
Sec. 35-179. Certification, collection of
assessments.
Assessments under this article shall be certi-
fied by the city clerk to the county clerk to be
collected according to law in the same manner as
paving assessments are collected. (Code 1966, ~
32-234)
State law reference-Similar provisions, K.S.A. 12-833.
Sec. 35-180. Construction after expiration of
deadline.
After the expiration of the time designated in
an order for the construction of service pipes or
sewers hereunder, then the owner or owners shall
not construct or cause the same to be constructed,
without first having written authority therefor
from the board of commissioners. (Code 1966, ~
32-235)
Sec. 35-181. Compliance with ordinances,
specifications.
The laying and construction of all service pipes
and sewers as hereinbefore provided for shall be
in accordance with all city ordinances regulating
the same and shall be in accordance with the
plans, specifications and requirements as provided
for by ordinance or direction of the board of com-
missioners. (Code 1966, ~ 32-236)
Sees. 35-182-35-200. Reserved.
~ 35-202
ARTICLE VIII. EXCAVATIONS
Sec. 35-201. Permit required.
No person shall make any excavation in any
street, alley or other public ground in the city for
any purpose whatsoever, except excavations re-
quired for work under contract with the city for
which usual performance and maintenance bonds
are required, until he shall first secure from the
city engineer a permit to make such excavation.
(Code 1966, ~ 32-247)
Sec. 35-202. Bond required; amount, terms.
No permit required by this article shall be granted
until there shall be filed with the city clerk a
bond to be given by the applicant as principal
with good and sufficient sureties approved by the
city manager, in the principal sum of not less
than two thousand dollars ($2,000.00), running to
the city as obligee for the benefit of the city and
any other person who may be injured by any vio-
lation of the conditions thereof, such bond to be
conditioned for the faithful performance by the
principal thereof of all work which may be done
by him within the period covered by the bond
under any permit which may be granted to him
under the provisions of this article for the mak-
ing of any excavation in any street, alley or other
public grounds in the city, and that all work done
thereunder shall be done in strict conformity with
all ordinances of the city relating to such work
and in accordance with the plans and specifica-
tions of the city engineer relating thereto, and
that the principal in such bond will indemnify
and save harmless the city and all other persons
against all costs, damages and injuries sustained
by the city or by any other person whomsoever,
by reason of the carelessness or neglect of the
principal of said bond or his agents, servants,
employees or representatives, either on account
of their failure to comply with the provisions of
this Code or the ordinances of the city relating to
such work or with the rules and regulations adopted
pursuant thereto or with any of the plans and
specifications governing the performance thereof,
or otherwise. (Code 1966, ~ 32-250)
2045
~ 35-203
SALINA CODE
Sec. 35-203. Cancellation of bond.
No bond required by this article given by any
person shall be cancelled nor shall the surety
thereon be relieved from further liability under
any such bond until he shall file with the city
clerk a notice in writing at least ten (10) days
prior to the date of the cancellation thereof, of the
intention of the surety of its cancellation of liabil-
ity under such bond and after the filing of such
notice with the city clerk, no further permit shall
be granted to the principal in any such bond so
cancelled until a new bond shall have been filed
and approved; provided, that no cancellation of
any bond shall affect the liability of the principal
or surety thereupon on any work done pursuant
to any permit issued prior to the receipt of the
notice of such cancellation. (Code 1966, ~ 32-251)
Sec. 35-204. Filling, repair to be done by city.
The filling and tamping of all excavations and
the repair of all pavements over any such excava-
tion shall be done by the street department on
order of the city engineer and in accordance with
the specifications for such work prepared by the
city engineer. (Code 1966, ~ 32-253)
Sec. 35-205. Procedure for refilling, charging
costs.
Upon notification by the city engineer that any
excavation is to be refilled, the superintendent of
streets shall, within twenty-four (24) hours, ex-
clusive of Saturdays, Sundays and legal holidays,
take charge of such excavation and shall refill
the same and make all necessary paving repairs
all in accordance with the plans and specifica-
tions of the city engineer, and shall certify to the
city clerk the quantities of filling and paving re-
pairs required; and the total charges as calculated
from such quantities and the schedule of charges
shall be charged against the person obtaining the
permit for the excavation, and such person shall
pay the amount due thereon to the city clerk
immediately on demand. (Code 1966, ~ 32-254)
Sec. 35-206. Special provisions for public ser-
vice corporations.
The city engineer may permit any public ser-
vice corporation to furnish labor and materials
and refill excavations and repair pavements, but
the permit required by this article shall be re-
quired in all cases and all such work shall be
done strictly in accordance with the plans and
specifications of the city engineer as herein pro-
vided for. (Code 1966, ~ 32-255)
Sec. 35-207. Notice required when excavation
ready for refilling; order to street
department.
The party to whom any permit is issued under
this article shall notify the city engineer when
such party is ready for the excavation to be re-
filled. The city engineer shall note thereon the
time of receipt of such notice and shall immedi-
ately order the street department to refill the
excavation. (Code 1966, ~ 32-256)
Sec. 35-208. Street department to assume ju-
risdiction; maintenance of barri-
ers, etc.
The street department shall, within twenty-four
(24) hours of the notice required above, exclusive
of Saturdays, Sundays and legal holidays, take
charge of such excavations and shall thereafter
maintain the necessary barriers, barricades and
lanterns until the refilling and repaving is com-
pleted and ready to open to traffic. (Code 1966, ~
32-257)
Sec. 35-209. Responsibility of permittee for
barriers, etc.
The party to whom the permit is issued here-
under shall maintain all barriers, barricades and
lanterns and shall be responsible for all damages
or injuries arising from or incidental to such excava-
tion until the same has been taken charge of by
the street department as provided for above or
until the expiration of twenty-four (24) hours, ex-
clusive of Saturdays, Sundays and legal holidays,
after the city engineer has received notice that
the excavation is ready for refilling, and after the
expiration of said twenty-four (24) hours, exclu-
sive of Saturdays, Sundays and legal holidays,
from the receipt of notice by the city engineer, the
party making such excavation under any such
permit shall not be liable in connection with any
injuries which may be sustained in connection
2046
e
e
e
-
e
STREETS, SIDEWALKS, PUBLIC PLACES
with such excavation except such as may result
from defective work done by such person in con-
nection with such excavation, or the actual negli-
gence of such party. (Code 1966, S 32-258)
Sec. 35-210. Safety precautions required; li-
ability of permittee.
Every person to whom any permit is issued, as
hereinbefore provided, shall enclose all excava-
tions which he or they may make in the public
streets, avenues or alleys with sufficient barriers
and danger signals at all times, and must main-
tain sufficient warning lights at night, and must
take all the necessary precautions to guard the
public against all accidents from the beginning of
the work to the completion of the same, and shall
only make such excavations on condition that he
is or they are liable for all damages that may
result from the necessary prosecution against the
city in consequence of any accident or accidents
to persons, animals, vehicles, conduits or prop-
erty of any kind, and such person, persons, com-
pany or corporation shall also be liable to the city
on their bond for the same. Trenches or ditches in
depth of six (6) feet or more, and in all trenches
and ditches made in treacherous soil, or near build-
ings, the sides of said trenches or ditches shall be
so braced as to prevent caving or injury to the
adjoining premises; and the party excavating and
his bondsmen shall be liable to said city for all
damages arising by reason of neglect or careless-
ness in this respect. (Code 1966, S 32-259)
Sec. 35-211. Disposition of money received.
All money received by the city to pay the cost of
refilling excavations and repairing pavements shall
be credited to the fund maintaining the street
department. (Code 1966, S 32-260)
Sec. 35-212. Condition of restored surface.
All paving, curbing, guttering or macadamiz-
ing shall be replaced and renewed in as perfect
and substantial condition as before being disturbed.
(Code 1966, ~ 32-263)
Sec. 35-213. Qualifications of workmen.
All such paving, curbing, guttering and mac-
adamizing shall be done by men who are experi-
~35-217
enced in such work and fully qualified to do the
same in a proper and substantial manner. (Code
1966, S 32-264)
Sec. 35-214. Duty to keep part of street or
sidewalk available for use.
If possible, all parties making excavations under
the provisions of this article in any of the streets,
avenues, alleys or sidewalks of said city shall, at
all times, be required to keep open in said streets,
avenues, alleys and sidewalks good, sufficient,
secure and unobstructed passageways for the safe
passage of all vehicles and pedestrians. (Code 1966,
S 32-265)
Sec. 35-215. Plans, specifications.
The city engineer shall, from time to time, pre-
pare standard plans and specifications for the mak-
ing of excavations in the streets, alleys and other
public grounds of the city and for the making of
pavement cuts and for refilling and tamping the
same and for repairing pavements, and shall be
filed in the office of the city clerk and the city
engineer, and it shall be a condition of any permit
issued under this article that the person receiv-
ing the same shall comply in all respects with all
such standard plans and specifications. (Code 1966,
S 32-266)
Sec. 35-216. Obedience to city engineer.
Any directions that may be given, either in
writing or orally, by the city engineer, or any
person entrusted with the supervision of such work,
to any person engaged in making or refilling any
excavation shall be immediately obeyed; and the
violation of such directions, or the failure to per-
form the same, shall be deemed a misdemeanor.
(Code 1966, S 32-267)
Sec. 35-217. Violations.
It shall be unlawful for any person to make or
attempt to make any excavation or refill the same,
or do or attempt to do any other act in violation of
the provisions of this article, or for any person to
remove or attempt to remove from the site of the
excavation or work any of the barricades, danger
signals or lights required by the provisions of this
article. (Code 1966, ~ 32-268)
2047
~ 35-218
SALINA CODE
Sees. 35-218-35-230. Reserved.
ARTICLE IX. RAILROAD CROSSINGS*
Sec. 35-231. Duty to construct; manner of
construction.
It shall be the duty of every company owning,
managing or operating any railroad within the
limits of the city which crosses any street, alley
or highway or which traverses any such street,
alley or highway within the city, to construct and
keep in repair substantial and suitable crossings
at each intersection of such railroad with such
streets, alleys or highways, such crossings to be
constructed in accordance with the plans and speci-
fications as approved by the office of the city
engineer. The company shall first file with the
city clerk plans and specifications for the con-
struction of such crossings, and obtain from the
city manager permission to construct such cross-
ings in accordance therewith. (Code 1966, ~ 32-
279)
Sec. 35-232. Waiver of construction re-
quirements.
The city manager may waive the provisions of
section 35-231 by written waiver as to any cross-
ing which it is unnecessary to construct and main-
tain in accordance herewith on account of light
traffic over such crossing, and a written waiver
from the city manager as to any such crossing
shall be good until such time as such waiver is
revoked by the city manager or the board of com-
missioners, which may be done at any time. The
city manager shall file with the city clerk a copy
of all such waivers, and the city clerk shall keep
them on file until they are revoked. (Code 1966, ~
32-280)
Sees. 35-233-35-250. Reserved.
.Cross reference-Trains and railroads, S 38-116 et seq.
ARTICLE X. SNOW AND ICE
ON SIDEWALKS
Sec. 35-251. Declared nuisance.
All snow and ice remaining upon any sidewalks
abutting on any lot, tract or piece of land twelve
(12) hours after the snow has fallen or ice has
accumulated are hereby declared to be a nuisance.
(Code 1966, ~ 32-302)
Cross reference-Nuisances generally, Ch. 24.
Sec. 35-252. Duty to remove.
It is hereby made the duty of the owner, occu-
pant or person in charge of any lot or piece of land
abutting on any sidewalk to remove all snow and
ice fallen or accumulated upon the sidewalk within
twelve (12) hours after such snow has fallen or ice
has accumulated. (Code 1966, ~ 32-303)
Sec. 35-253. Failure to remove.
It shall be unlawful for any owner, occupant or
person in charge of any lot, tract or piece of land
abutting on any sidewalk to fail to remove from
such sidewalk any snow or ice within twelve (12)
hours after the snow has fallen or ice has accu-
mulated upon the sidewalks. (Code 1966, ~ 32-304)
Sec. 35-254. Removal by city and assessment
of costs.
The city manager is hereby authorized and em-
powered to cause the removal of snow and ice
constituting a nuisance and to keep a true ac-
count of the cost of such removal and to report the
cost as to each lot, tract or piece of land to the
board of commissioners, and the board of commis-
sioners shall pass an ordinance assessing the cost
of such removal to the abutting lot, tract or piece
of land, and such assessment shall be certified by
the city clerk to the county clerk to be collected
and paid over to the city in the same manner as
other special assessments or taxes are collected
and paid over to the city. (Code 1966, ~ 32-205)
[The next page is 2099]
2048
e
e
e
-
e
Chapter 36
SUBDIVISION REGULATIONS.
Art. I. In General, U 36-1-36-25
Art. II. Application Procedure and Approval Process, ~~ 36-26-
36-70
Div. 1. Generally, ~* 36-26-36-35
Div. 2. Preliminary Plat, ~~ 36-36-36-50
Div. 3. Final Plat, ~~ 36-51-36-70
Art. III. Requirements for Improvements, Reservations and Design, ~~
36-71-36-90
Art. IV. Specifications for Documents to be Submitted, *~ 36.91,
36.92
ARTICLE I. IN GENERAL
Sec. 36-1. Title.
This chapter shall hereafter be known, cited
and referred to as the "Subdivision Regulations
of the City of Salina, Kansas." (Ord. No. 80-8828,
~ 1 1(1.1), 12-22-80)
Sec. 36-2. Definitions.
(a) For the purposes of this chapter certain
numbers, abbreviations and words used herein
shall be used, interpreted and defined as set forth
in this section. Any word or phrase which is
defined in this section, or elsewhere in this
chapter shall have the meaning as so defined
whenever the word or phrase is used in this
chapter, unless such definition is expressly
limited in its meaning or scope.
(b) Unless the context clearly indicates to the
contrary:
(1) The word "shall" is always mandatory and
the word "may" is always permissive.
(2) The words "used" or "occupied" as applied to
any land or building shall be construed to
include the words "intended, arranged or
designed to be used or occupied".
(3) The word "building" includes "structure"
and a building or a structure includes any
part thereof.
(c) Any term not defined in this chapter or
section shall be as defined in the zoning
regulations of chapter 42.
(d) The following words and phrases, when
used in this chapter, shall have the meanings
respectively ascribed to them:
(1) Alley. A public or private right-of-way
primarily designed to serve as secondary
access to the side or rear of those proper-
ties whose principal frontage is on some
other street.
(2) Applicant. The owner or duly designated
representative of land proposed to be
subdivided, or for which conditional use
permit, amendment, variance, zoning cer-
tificate or certificate of occupancy has been
requested. Consent shall be required from
the legal owner of the premises.
(3) Area. The size of a piece of land, usually
described in terms of square feet or acres.
(4) Arterial street. See street, arterial.
(5) Block. A tract of land bounded by streets,
or by a combination of streets and public
parks, cemeteries, railroads, rights-of-way,
shorelines, or boundary lines of municipalities.
(6) Bond. A form of security, including a cash
deposit, surety bond, collateral, property or
instrument of credit in an amount and
*Cross references-Any ordinance approvihg, dedicating, accepting, designating, redesignating or vacating any plats saved
from repeal, ~ 1-5(16); buildings and structual appurtenances, Ch. 8; housing, Ch. 18; mobile homes and trailers, Ch. 22; planning,
Ch. 29; streets, sidewalks and other public places, Ch. 35; water and sewers, Ch. 41; zoning regulations, Ch. 42; subdividing
required prior to zoning, ~ 42-8.
2099
~ 36-2
SALINA CODE
form satisfactory to the city engineer. All
bonds shall be approved by the board of
commISSIOners wherever a bond IS re-
quired by this chapter.
(7) Building. Any covered structure built for
the support, shelter or enclosure of per-
sons, animals, chattels or movable prop-
erty of any kind and which is permanently
affixed to the land.
(8) Collector street. See street, collector.
(9) Common open space. A parcel of land or an
area of water, or combination of both land
and water, within a site designated as a
planned development zoning district and
designated and intended for the use and/or
enjoyment of the residents of the planned
development. Common open space does not
include streets, alleys, parks, off-street
parking or loading areas, public open
space, or other facilities dedicated by the
developer for public use.
(10) Comprehensive plan. Official public docu-
ment adopted by the local government as a
policy guide to decisions about the physical
development of the community. The plan
encompasses all geographical parts of the
community and all functional elements
which bear on physical development.
(11) Cul-de-sac. See street, cul-de-sac.
(12) Developer. The legal or beneficial owner of
all of the land proposed to be included in a
subdivision or planned development or
duly authorized agent thereof, the holder
of an option or contract to purchase, a
lessee having a remaining term of not less
than forty (40) years, or other person
having an enforceable proprietary interest
in such land, shall be deemed to be a
developer for the purpose of this chapter.
(13) Double frontage lot. See lot, double frontage.
(14) Drainage easement. See easement, drainage.
(15) Easement. Authorization by a property
owner for the use by another, and for a
specified purpose, of any designated part of
his property. The property owner retains
ownership of the easement.
(l6) Easement, drainage. An easement to be
utilized for improving the removal of
runoff water from a subdivision or a group
of subdivisions.
(17) Easement, pedestrian. An easement for
providing pedestrian access.
(l8) Easement, temporary. An easement uti-
lized primarily for construction purposes
or to give access for a limited period of
time.
(l9) Easement, utility. An easement within
which the common service delivery lines
(electric, telephone, CATV, water, sanitary
sewer, etc.), are located.
(20) Fence. A freestanding structure of metal,
masonry composition or wood or any
combination thereof resting on or partially
buried in the ground and rising above
ground level, used for confinement screen-
ing or partition purposes.
(21) Final plat. See plat, final.
(22) Flood fringe. That portion of the flood plain
lying outside of the floodway, i.e., subject
to being covered by floodwaters of the
regulatory flood, but not required to carry
and discharge the flood waters.
(23) Flood plain. A watercourse and land
adjacent to a watercourse subject to inun-
dation from a flood having a chance
occurrence in anyone year of one percent.
(24) Floodway. The channel of a stream or
other watercourse and the land area
adjacent to the stream channel that is,
required to carry and discharge the flood-
waters of the regulatory flood (lOO-year
flood) without undue restriction.
(25) Improvements. All facilities constructed or
erected by a subdivider or the general
public within a subdivision to permit and
facilitate the use of lots or blocks for a
principal residential, commercial or indus-
trial use.
2100
e
e
e
--
e
SUBDIVISION REGULATIONS
~ 36-2
(26) Local street. See street, local.
(27) Landscaping. The improvement of a lot,
parcel or tract of land with grass, shrubs,
and/or trees. Landscaping may include
pedestrian walks, flower beds, ornamental
objects such as fountains, statuary, and
other similar natural and artificial objects
designed and arranged to produce an
aesthetically pleasing effect.
(28) Land use plan. A portion of the compre-
hensive plan indicating the general antici-
pated use of the land within the city's
jurisdiction.
(29) Lot. A portion or basic parcel of a
subdivision, the plat of which has been
recorded in the office of the county register
of deeds. The owner of any such lot or
parcel shall be deemed to be an equitable
owner.
(30) Lot, corner. A lot which adjoins the point of
intersection or meeting of two (2) or more
streets.
(31) Lot, double frontage. A lot, two (2) opposite
lot lines of which abut public streets which
are more or less parallel. Also known as
double frontage or reverse frontage lots.
(32) Lot, zoning. A parcel of land that IS
designated by its owner or developer, at
the time of applying for a zoning certificate
as a tract, all of which is to be used,
developed or built upon as a unit under
single ownership. As long as it satisfies the
above requirements such lot may consist
of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of
record, complete lots and portions of
lots of record or portions of lots of
record.
(33) Lot line. The boundary line of a lot as
recorded in the office of the county register
of deeds.
(34) Lot width. The distance between the side
lot lines of a lot, measured along the
established building setback line.
(35) Occupancy permit. See permit, occupancy.
(36) Official street classification plan. A munic-
ipally adopted document denoting the
status of a given section of public right-of-
way (arterial, collector, residential, etc.).
See also street.
(37) Parks. See public open space.
(38) Pedestrian. Any means of locomotion which
is not motor driven (i.e., walking, bicycling,
etc,).
(39) Permit, building. A certificate issued by
the building official or his designee to
allow construction of a specific type of
structure.
(40) Permit, occupancy. A permit issued by the
zoning administrator after certification
that such land use, structure or building is
fit for human occupancy and complies with
all the provisions of the zoning regulations
and other applicable city codes, ordinanc-
es, rules and regulations.
(41) Planned development district. A zomng
district which allows the use of flexible
land use controls to be applied to the
development of land. The procedure and
statutory requirements governing this dis-
trict are contained in the zoning regula-
tions of the city.
(42) Plat, final. The map or plan of record of a
subdivision, and any accompanying mate-
rial as described in this chapter. The date
of submittal of the final plat commences
the sixty (60) day statutory review period
as provided in K.S.A. 12-705.
(43) Plat, preliminary. The preliminary draw-
ings and information as described in this
chapter and as defined m the zonmg
regulations and any other applicable city
codes, ordinances, rules and regulations.
2101
~ 36-2
SALINA CODE
(44) Principal use. The main use of land as
distinguished from a subordinate or acces-
sory use.
(45) Private street. See street, private.
(46) Protective covenants. Restrictions govern-
ing the use of land within a gIven
subdivision placed on the land by the
owner at the time of platting.
(47) Public open space (park). A parcel of land
or an area of water, or a combination of
land and water dedicated to the public and
available for the use and enjoyment of the
general public. Public open space does not
include streets, alleys or off-street parking
or loading areas.
(48) Public sewer and water system. Any sys-
tem, other than an individual septic tank
or tile field or an individual well, operated
by a municipality or other governmental
agency or public utility for the treatment
of wastes and the furnishing of water.
(49) Restrictive rovenants. See protective rovenants.
(50) Right-of-way. A tract of land, generally a
strip, occupied or intended to be occupied
by a street, crosswalk, railroad, road,
electric transmission line, oil or gas pipe-
line, water main, sanitary or storm sewer
main, or for another special purpose. A
right-of-way is generally owned by or
dedicated to the public or a public utility.
(51) Screening. Decorative fencing, evergreen
vegetation, earthen mounds or a combina-
tion of these maintained for the purpose of
concealing from view the area behind such
structures or evergreen vegetation. When
fencing is used for screening, it shall not be
less than six (6) or more than eight (8) feet
in height.
(52) Setback. The distance between the front lot
line and the principal building on the lot.
(53) Sidewalk. A pedestrian walkway with a
concrete surface constructed to city mini-
mum standards.
(54) Street. A right-of-way, other than an alley,
dedicated to public use, which provides
principal vehicular and pedestrian access
to adjacent properties.
(55) Street, arterial. A street of considerable
continuity which is primarily a traffic
artery for intercommunication between
large areas and which only rarely provides
access to abutting properties_
(56) Street, collector. A street supplementary to
arterial streets and a means of intercommu-
nication between this system and smaller
areas; used to some extent for through
traffic and to some extent for access to
abutting properties.
(57) Street, cul-de-sac. A street having only
one outlet and being permanently termi-
nated by a vehicle turn-around at the other
end.
(58) Street, frontage. A public or private mar-
ginal access street generally paralleling
and contiguous to any aterial or a collector
street and designed to promote safety by
eliminating unlimited ingress and egress
to such arterial or collector street by
providing points of access at predeter-
mined and more or less evenly spaced
intervals.
(59) Street, half A street III which only a
portion of the right-of-way is dedicated at
the time of platting on the assumption that
the remainder of the right-of-way will be
dedicated when the adjoining property is
developed.
(60) Street, private. Any street designed for
vehicular traffic not dedicated as a public
thoroughfare. The city has no maintenance
responsibilities for a private street.
(61) Street, residential. Any street designed
primarily to provide access to abutting
property.
(62) Structure. Anything constructed or erected
with a fixed location on the ground, or
attached to something having a fixed
location on the ground. Structures include,
but are not limited to: buildings, walls,
sheds, towers and bins.
2102
e
e
e
-
e
SUBDIVISION REGULATIONS
(63) Subdivision regulations. The official sub-
division regulations of the city, together
with all amendments thereto, adopted
pursuant to KS.A 12-705, 705a, 705b, and
705c.
(64) Tree. A large woody perennial plant with
one or more main trunks and many
branches. A tree with any trunk which has
a diameter of six (6) or more inches when
measured at a height of three (3) feet above
the average grade level shall be protected
by this chapter.
(65) Utility easement. See easement, utility.
(66) Walkway easement. See easement, pedestrian.
(67) Waterbody. Any area covered by water at
least six (6) months per year and which the
deepest portion has a minimum depth of
three (3) feet.
(68) Watercourse. A body of water flowing in an
identifiable channel or course, natural or
man made, and which is not dry more than
six (6) months a year.
(69) Zoning lot. See lot, zoning.
(70) Zoning ordinance. The official zoning
regulations of the city together with any
and all amendments adopted pursuant to
K.S.A. 12-707 et seq. (Ord. No. 80-8828, ~
1(6.1, 6.2), 12-22-80)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 36-3. Authority
(a) By authority of resolution by the board of
commissioners, adopted pursuant to the powers
and jurisdiction vested through KS.A. 12-705
and 12-705a-c & (1973 Supp.) and KS.A. 13-
1108 through and including KS.A. 13-1114 and
other applicable laws, statutes, ordinances and
regulations of the state and amendments thereto,
the city does hereby exercise the power and
authority to review, approve and disapprove plats
for subdivision of land within the corporate limits
of the municipality and in unincorporated terri-
tory lying outside of but within three (3) miles of
the nearest point on the city limits provided such
~ 36-4
territory is within the county and does not extend
more than one-half the distance between this city
and the corporate limits of another city which has
adopted regulations under the provision of K.S.A.
12-705. (1973 Supp.).
(b) No land governed by this chapter shall be
subdivided until the subdivider or his agent shall
submit and obtain approval of the preliminary
and final plats by the planning commission and
until the approved plat is filed with the county
register of deeds. No building permit or certifi-
cate of occupancy shall be issued for any parcel or
plat of land within the city which was created by
subdivision regulations and no excavation of land
or construction of any public or private improve-
ments shall take place or be commenced except in
conformity with the regulations. (Ord. No. 80-8828,
~ 1(1.2), 12-22-80)
Sec. 36-4. Policy and purposes.
It is hereby declared to be the policy of the city
to consider the subdivision of land and the
subsequent development of the subdivided plat as
subject to the control of the city pursuant to the
comprehensive plan for the orderly, planned,
efficient and harmonious physical and economic
development of the community. Land to be
subdivided shall be of such character that it can
be used safely for building purposes without
danger to health, or peril from fire, flood or other
menace, and land shall not be developed until
available public facilities and improvements
exist and proper provisions have been made for
drainage, water, sewerage, and capital improve-
ments such as schools, parks, recreation facilities
and transportation facilities and improvements.
The existing and proposed public improvements
shall conform to and be properly related to the
proposals shown in the comprehensive plan,
official street classification plan and/or major
street plan, and the capital improvements pro-
gram of the city. This chapter shall supplement
and facilitate the enforcement of the provisions
and standards contained in building and housing
codes, zoning regulations, the comprehensive
plan, official street classification plan and/or
major street plan and capital improvement
2103
~ 36-4
SALINA CODE
program of the city. This chapter is adopted for
the following purposes:
(1) To protect and provide for the public
health, safety and general welfare of the
municipality;
(2) To guide the future growth and develop-
ment of the municipality in accordance
with the comprehensive plan that repre-
sents the most beneficial use of private and
public areas of the municipality, consider-
ing the suitability of such areas and
having regard for the use of land and
building development;
(3) To provide for adequate light, air and
privacy; to secure safety from fire, flood
and other danger and to prevent over-
crowding of the land and undue congestion
of population;
(4) To protect the character and the social and
economic stability of all parts of the
municipality and to encourage the orderly
and beneficial development of all parts of
the municipality;
(5) To protect and conserve the value of land
throughout the municipality and the value
of buildings and improvements upon the
land, and to minimize the conflicts among
the uses of land and buildings;
(6) To provide a guide to public policy and
action in facilitating adequate provision
for transportation, water, sewerage, schools,
parks, playgrounds, recreation and other
public requirements and in the efficient
provision of public facilities and services
and for private enterprise in building
development, investment and other eco-
nomic activity relating to uses of land and
buildings throughout the municipality;
(7) To provide the most beneficial relationship
between the uses of land and buildings and
the circulation of traffic throughout the
municipality having particular regard to
the avoidance of congestion in the streets
and highways and the pedestrian traffic
movements appropriate to the various uses
of land and buildings through the municipali-
ty, and to provide for the proper location
and width of streets and building lines;
(8) To establish reasonable standards of de-
sign and procedures for subdivision and
resubdivisions; to further the orderly layout
and use of land to insure proper legal
descriptions and proper monumenting of
subdivided land;
(9) To promote the expansion of the commu-
nity in accordance with the availability
and capacity of existing and projected
public facilities and services;
(10) To prevent the pollution of air, streams
and ponds; to assure adequate drainage; to
safeguard ground water resources; and to
encourage the wise use and management
of natural resources throughout the mu-
nicipality in order to preserve the integri-
ty, stability and beauty of the community
and the value of the land;
(11) To preserve the natural beauty and topog-
raphy of the municipality and to insure
appropriate development with regard to these
natural features;
(12) To provide for open spaces through the most
efficient design and layout of the land in
providing for minimum width and area of
lots while preserving the density of land as
established in the zoning regulations. (Ord.
No. 80-8828, ~ 1(1.3), 12-22-80)
Cross reference-Requirements for improvements, reser-
vations and design, * 36-71 et seq.
Sec. 36-5. Interpretation, conflict.
(a) In their interpretation and application, the
provisions of this chapter shall be held to be the
minimum requirements for the promotion of the
public health, safety and general welfare.
(b) This chapter is not intended to interfere
with, abrogate or annul any other ordinance, regu-
lations, statute or other provision of law. Where
any provision of this chapter imposes restrictions,
different from those imposed by any other provi-
sion of this chapter or any other ordinance, regu-
lation or other provision of law, whichever provi-
sions are more restrictive or impose higher stand-
ards shall control.
2104
e
e
e
-
e
SUBDIVISION REGULATIONS
~36-1O
(c) This chapter is not intended to abrogate any
easement, covenant or other private agreement
or restriction, provided that where the provisions
of this chapter are more restrictive or impose higher
standards or regulations than such easement, cov-
enant or private agreement or restriction, the re-
quirements of this chapter shall govern. Where
such private agreement imposes more restrictive,
or higher standards, and the planning commis-
sion determines that they are not inconsistent
with this chapter, then such private provisions
shall be operative ~nd supplemental to this chap-
ter. (Ord. No. 80-8828, * 1(1.4), 12-22-80)
Sec. 36.6. Saving provision.
This chapter shall not be construed as abating
any action now pending under, or by virtue of,
prior existing subdivision regulations, or as discontinu-
ing, abating, modifying, or altering any penalty
accruing or about to accrue, or as affecting the
liability of any person or as waiving any right of
the city under any section or provision existing at
the time of adoption of this chapter, or as vacat-
ing or annulling any rights obtained by any per-
son, by lawful action of the city except as shall be
expressly provided for in this chapter. (Ord. No.
80-8828, * 1(1.5), 12-33-80)
Sec. 36-7. Amendments.
For the purpose of providing for the public health,
safety and general welfare, the planning commis-
sion may from time to time amend the provisions
imposed by this chapter in accordance with K.S.A.
12-705. (Ord. No. 80-8828, * 1(1.7), 12-22-80)
Sec. 36-8. Conditions.
Regulation of the subdivision of land and the
attachment of reasonable conditions to land sub-
division is an exercise of valid police power dele-
gated by the state to the city as provided in K.S.A.
12-705. The developer has the duty of compliance
with reasonable conditions laid down by the plan-
ning commission for design, dedication, improve-
ment and restrictive use of the land so as to con-
form to the physical and economic development of
the city and to the safety and general welfare of
the future plot owners in the subdivision and of
the community at large. (Ord. No. 80-8828, S 1(1.8),
12-22-80)
Sec. 36-9. Vacation of plats.
Any plat or any part of any plat may be vacated
by the owner of the premises, at any time before
the sale of any lot therein, by a written instru-
ment, to which a copy of such plat shall be at-
tached, declaring the same to be vacated. Such an
instrument shall be approved by the planning
commission in like manner as plats of subdivi-
sion. The board of commissioners, however, may
reject any such instrument which abridges or de-
stroys any public rights in any of its public uses,
improvements, streets, or alleys. Such an instru-
ment shall be executed, acknowledged or approved,
and recorded or filed, in like manner as plats of
subdivisions; and being duly recorded or filed shall
operate to destroy the force and effect of the re-
cording of the plat so vacated, and to divest all
public rights in the street, alleys and public grounds,
and all dedications laid out or described in such
plat. When lots have been sold, the plat may be
vacated in the manner herein provided by all the
owners of lots in such plat joining in the execu-
tion of such written instrument. (Ord. No. 80-8828,
S 1(1.9), 12-22-80)
Sec. 36-10. Variations and exceptions.
(a) General. Where the planning commission
finds that particular hardships or practical difficul-
ties may result from strict compliance with this
chapter, it may approve variations or exceptions
to this chapter so that substantial justice may be
done and the public interest secured. Economic
loss or hardship is not sufficient grounds for the
granting of a variance or exception. Such varia-
tion or exception shall not have the effect of null i-
fying the intent and purpose of this chapter; and
further provided, the planning commission shall
not approve variations unless it shall make find-
ings based upon the evidence presented to it in
each specific case that:
(1) The granting of the variation will not be det-
rimental to the public safety, health or wel-
fare or injurious to other property or improve-
ments in the neighborhood in which the prop-
erty is located;
(2) The conditions upon which the request for a
variation are based are unique to the prop-
erty for which the variation is sought, and
are not applicable generally to other property;
2105
~ 36-10
SALINA C;ODE
(3) Because of the particular physical surround-
ings, shape or topographical conditions of the
specific property involved, an extraordinary
hardship to the owner would result, as dis-
tinguished from a mere inconvenience, if the
strict letter of this chapter is carried out;
(4) The variation will not in any manner vary
the provisions of the zoning regulations, ordi-
nance, comprehensive plan, official street
classification plan and/or major street plan
or official map of the city.
(b) Conditions. In approving variances and ex-
ceptions, the planning commission may require
such conditions as will, in its judgment, secure
substantially the objective of the standards or
requirements of this chapter.
(c) Procedures. An application for any such vari-
ance shall be submitted in writing by the subdi-
vider at the time when the preliminary plat is
filed for the consideration of the planning com-
mission. The applicant shall state fully the grounds
for the variance and all of the facts relied upon by
the petitioner. (Ord. No. 80-8828, ~ 1(1.10), 12-22-80)
Sec. 36-11. Enforcement, violations and
penalties.
(a) General:
(1) It shall be the duty of the secretary to the
planning commission (hereinafter referred to
as the "secretary") to enforce this chapter,
and to bring to the attention of the city at-
torney or his designated assistant, any viola-
tions or lack of compliance herewith.
(2) No owner, or agent of the owner, of any par-
cel of land located in a proposed subdivision
shall transfer or sell any such parcel before a
plat of such subdivision has been approved
by the planning commission, in accordance
with the provisions of this chapter, and filed
with the county register of deeds.
(3) The subdivision of any lot or any parcel of
land by the use of metes and bounds descrip-
tion for the purpose of sale, transfer or lease
with the intent of evading this chapter, shall
not be permitted. All such described subdivi-
sions shall be subject to all of the require-
ments contained in this chapter.
(4) No building permit shall be issued for the
construction of any building or structure lo-
cated on a lot or plat subdivided or sold in
violation of the provisions of this chapter.
(b) Violations and penalties. Any person who
fails to comply with, or violates any of the provi-
sions of this chapter shall be subject to a penalty
as provided in section 1-10.
(c) Civil enforcement. Appropriate actions and
proceedings may be taken by law or in equity to
prevent any violations of this chapter, to prevent
unlawful construction, to recover damages, to re-
strain, correct or abate a violation to prevent il-
legal occupancy of a building structure or prem-
ises, and these remedies shall be in addition to
the penalties described above. (Ord. No. 80-8828,
~ 1(1.11), 12-22-80)
Sees. 36-12-36-25. Reserved.
ARTICLE II. APPLICATION PROCEDURE
AND APPROVAL PROCESS
DIVISION 1. GENERALLY
Sec. 36-26. Compliance required.
Whenever any subdivision of land is proposed,
before any contract is made for the sale of lots
and before any permit for the erection of a struc-
ture in the proposed subdivision shall be granted,
the owner or his authorized agent, shall apply for
and secure the approval of the proposed subdivi-
sion in accordance with the procedures outlined
in this chapter. (Ord. No. 80-8828, ~ 1(2.1-1),12-22-80)
Sec. 36-27. Official submission dates.
For the purpose of this chapter the date of the
regular meeting of the planning commission (in-
cluding any adjourned date thereof) at which the
public hearing on the final plat is closed, shall
constitute the official submittal date of the plat.
At that time the statutory period required for
formal approval or disapproval of the plat shall
commence. (Ord. No. 80-8828, ~ 1(2.1-2), 12-22-80)
2106
e
e
e
-
e
SUBDIVISION REGULATIONS
~ 36-28
Sec. 36-28. Submission schedule.
The following table indicates the order in which the various commissions shall be approached and the
action required on the part of each commission to allow the plat to be referred to the next authority:
(1) Plats of areas outside the corporate limits of the city but within three (3) miles of the city limits:
a. Preliminary plat:
Step Authority
1. County planning commission
2. City planning commission
3. County planning commission
Action Required
Approval, return plat to subdivider
Approval, return plat to subdivider
Approval of any changes (not required if no
changes are made), return to subdivider
b. Final plat:
Step Authority
1. City planning commission
2. City commission
Action Required
Approval (signature required)
Approval, return plat to subdivider (signa-
ture required)
Approval (signature required)
Approval, return plat to subdivider (signa-
ture required)
Record final plat
3. County planning commission
4. County commission
5. Register of deeds
(2) Plats of area within the corporate limits of the city:
a. Preliminary plat:
Step Authority
1. City planning commission
Action Required
Approval, return plat to subdivider (signature
required)
b. Final plat:
Step Authority
1. County commission
2. City planning commission
3. City commission
Action Required
Approval (signature required)
Approval (signature required)
Approval, return plat to subdivider (signature
required)
Record final plat
4. Register of deeds
(Ord. No. 80-8828, ~ 1(2.1-3), 12-22-80)
2107
~ 36-29
SALINA CODE
Secs. 36-29-36-35. Reserved.
DIVISION 2. PRELIMINARY PLAT
Sec. 36-36. Application procedure and
requirements.
The applicant shall file an application for ap-
proval of a preliminary plat. The application shall:
(1) Be made on forms available at the office of
the secretary together with a fee pursuant to
the city fee schedule, which may be changed
from time to time;
(2) Include all land which the applicant proposes
to subdivide and all land adjacent to or oppo-
site the street frontage from applicant's land;
(3) Be accompanied by a minimum of thirteen
(13) (fourteen (14) if outside the city limits),
blackline copies of the preliminary plat as
described in this chapter;
(4) Be presented to the secretary or authorized
designee in accordance with the current sched-
ule of subdivision processing, available from
the secretary;
(5) Include a list of all property owners adjacent
to the proposed subdivision as provided in
section 36-39. This list shall be obtained from
records kept at the county clerk's office or
from a licensed and bonded abstract compa-
ny. (Ord. No. 80-8828, ~ 1 (2.2-1), 12-22-80)
Sec. 36-37. Review by appropriate agencies.
The secretary or authorized designee shall refer
the proposed preliminary plat to the appropriate
agencies for their review and recommendations.
(Ord. No. 80-8828, ~ 1(2.2-2), 12-22-80)
Sec. 36-38. Planning staff and planning commis-
sion review.
The planning staff shall review the proposed
plat in accordance with the schedule of subdivi-
sion processing currently in effect. The applicant
shall be notified of deficiencies within twenty-eight
(28) days of the appropriate filing deadline. The
preliminary plat shall be scheduled for planning
commission hearing within forty-five (45) days of
the appropriate filing deadline. (Ord. No. 80-8828,
~ 1(2.2-3), 12-22-80)
Sec. 36-39. Notification process.
Ten (10) days prior to the scheduled meeting at
which the proposed preliminary plat is to be con-
sidered the secretary or designee shall notify all
owners of adjacent properties, platted or unplat-
ted, in writing of the proceedings in effect. For
notification purposes only all public lands, public
or private easements and rights-of-way adjacent
to the project shall be considered as part of the
proposed project provided such lands do not ex-
ceed three hundred (300) feet in width. See sec-
tions 36-36(5) and 36-91(4)a. (Ord. No. 80-8828, ~
1(2.2-4), 12-22-80)
Sec. 36-40. Preliminary approval.
After the planning commission has reviewed
the preliminary plat and other testimony and ex-
hibits submitted at the public hearing, the appli-
cant shall be advised of any required changes
and/or additions. The planning commission shall
approve, conditionally approve, or disapprove the
preliminary plat within thirty (30) days after the
date of the regular meeting of the planning com-
mission at which the public hearing for prelimi-
nary approval including adjournment date thereof
is closed. A determination on the application for
preliminary plat approval shall be made within
ninety (90) days of the appropriate filing dead-
line. (Ord. No. 80-8828, ~ 1(2.2-5), 12-22-80)
Sec. 36-41. Effective period of preliminary
approval.
The approval of a preliminary plat shall be
effective for a period of one (1) year. At the end of
that time, final approval of the subdivision must
have been obtained from the planning commis-
sion, although the plat need not yet be signed and
filed with the county register of deeds. The plan-
ning commission may, at their own discretion,
grant one (1) six (6) month extension to this time
period upon written request. Any plat not receiv-
ing final plat approval within the period of time
set forth herein shall be required to be reproc-
essed as a preliminary plat in accordance with
2108
e
e
e
-
e
SUBDIVISION REGULATIONS
this chapter and be approved prior to submission
of a final plat. Any plat required to be reproc-
essed under this section shall be subject to an-
other filing fee and to all zoning restrictions and
subdivision regulations in effect at the time of
refiling. (Ord. No. 80-8828, ~ 1(2.2-6), 12-22-80)
Sec. 36-42. Zoning regulations.
Every plat shall conform to existing zoning regu-
lations and subdivision regulations applicable at
the time of proposed final plat approval, except
that any plat which has received preliminary plat
approval shall be exempt from any subsequent
amendments to the zoning ordinance rendering
the plat nonconforming as to bulk or use, pro-
vided that final plat approval is obtained within
the one-year period. (Ord. No. 80-8828, ~ 1(2.2-7),
12-22-80)
Sees. 36-43-36-50. Reserved.
DIVISION 3. FINAL PLAT
Sec. 36-51. Application procedure and
requirements.
Following the approval of the preliminary plat,
the applicant, if he wishes to proceed with the
subdivision, shall file with the planning commis-
sion an application for final approval of a subdi-
vision plat. The application shall:
(1) Be made on forms available from the office of
the secretary together with a fee pursuant to
the city fee schedule, which may be changed
from time to time;
(2) Include the entire subdivision, or section thereof,
which derives access from an existing state,
county or local government highway or street;
(3) Be accompanied by a minimum of six (6) blackline
copies of the subdivision plat, as described in
this chapter;
(4) Comply in all respects with the preliminary
plat, as approved;
(5) Be presented to the secretary or his designee
in accordance with the subdivision process-
ing schedule currently in effect and available
from the secretary;
S 36-55
(6) Include a list of all property owners adjacent
to the proposed subdivision as provided in
section 36-53. This list shall be obtained from
records kept in the county clerk's office or a
licensed and bonded abstractor's office. (Ord.
No. 80-8828, ~ 1(2.3-1), 12-22-80)
Sec. 36-52. Planning staff review.
The planning staff shall review the proposed
final plat for conformance with the approved pre-
liminary plat and the subdivision regulations in
accordance with the schedule of final plat pro-
cessing then in effect. The applicant shall be noti-
fied of any deficiencies within fourteen (14) days
of the applicable filing deadline. (Ord. No. 80-8828,
~ 1(2.3-2), 12-22-80)
Sec. 36-53. Notification process.
Ten (10) days prior to the scheduled meeting, at
which the final plat is to be considered, the secre-
tary or designee shall notify all owners of adja-
cent properties, platted or unplatted, in writing of
the proceedings in effect. For notification purposes
only, all public lands, public or private easements
and rights-of-way adjacent to the tract shall be
considered as part of the tract, provided such lands
do not exceed three hundred (300) feet in width.
See section 36-51(6). (Ord. No. 80-8828, ~ 1(2.3-3),
12-22-80)
Sec. 36-54. Review by the planning commission.
The proposed final plat shall be reviewed by
the planning commission for conformance with
the approved preliminary plat and with all appli-
cable codes and regulations of the city within
forty-five (45) days of the applicable filing dead-
line on the current schedule of subdivision pro-
cessing. Upon approval the chairman of the plan-
ning commission (hereinafter referred to as chair-
man) and secretary shall endorse the proposed
final plat. (Ord. No. 80-8828, ~ 1(2.3-4), 12-22-80)
Sec. 36-55. Review by the board of commis-
sioners.
The proposed final plat shall be reviewed by
the board of commissioners after the planning
commission has endorsed the plat. Approval by
2109
~ 36-55
SALINA CODE
the board of commissioners shall take the form of
a motion approving the plat and authorizing the
mayor to sign the final plat. Board action shall be
within sixty (60) days of the applicable filing dead-
line shown on the current schedule of subdivision
processing unless the applicant requests a delay.
(Ord. No. 80-8828, ~ 1(2.3-5), 12-22-80)
Sec. 36-56. Submission and review.
Subsequent to approval by the board of com-
missioners, two (2) reproducibles of the original of
the subdivision plat on polyester drafting film
and four (4) copies of the subdivision plat on paper
shall be submitted to the secretary for final re-
view. One (1) reproducible copy and all paper cop-
ies shall remain with the secretary for city rec-
ords. No final approval shall be endorsed on the
plat until a review has indicated that all require-
ments of this chapter have been met. (Ord. No.
80-8828, ~ 1(2.3-6), 12-22-80)
Sec. 36-57. Vested rights.
No vested rights shall accrue to any plat by
reason of preliminary or final approval until the
actual signing of the plat by the chairman; and
all requirements, conditions or regulations adopted
by the planning commission applicable to the subdi-
vision or on all subdivisions generally shall be
deemed a condition for any subdivision prior to
the time of the signing of the final plat by the
chairman and secretary. Where the planning com-
mission has required conditions for approval prior
to signing of the final plat, the planning commis-
sion shall not modify the conditions set forth in
the final approval. (Ord. No. 80-8828, ~ 1(2.3-7),
12-22-80)
Sec. 36-58. Recording of plat.
(a) The chairman and secretary, the mayor and
the city clerk will sign the reproducible polyester
drafting film original of the subdivision plat.
(b) It shall be the responsibility of the subdi-
vider to file the plat with the county register of
deeds' office within sixty (60) days of the date of
signature. If the plat is not recorded within si~ty
(60) days the planning commission may rescmd
their approval of the plat. (Ord. No. 80-8828, ~
1(2.3-8), 12-22-80)
Sees. 36-59-36-70. Reserved.
ARTICLE III. REQUIREMENTS FOR
IMPROVEMENTS, RESERVATIONS
AND DESIGN
Sec. 36-71. General.
(a) Conformance to applicable rules and regula-
tions. In addition to the requirements established
herein, all subdivision plats shall comply with all
applicable ordinances of the city and all city pol-
icy documents, including all streets, drainage sys-
tems and parks shown on the land use plan or
other officially adopted plan; any rules of the health
department and/or the state board of health; the
rules of the state department of transportation, if
the subdivision or any lot contained therein abuts
a state highway or connecting street; the stand-
ards and regulations adopted by the city engi-
neer, and all boards, commissions, agencies and
officials of the city; and all pertinent standards
contained within the planning guides published
by the applicable regional or metropolitan plan-
ning commission. Plat approval may be withheld
if a subdivision is not in conformity with the above
guides or the policy and purposes of this chapter,
established in section 36-4.
(b) Restrictive covenants. If the owner places
restrictions on any of the land contained in the
subdivision greater than those required by the
zoning ordinance or this chapter, such restrictions
or reference thereto may be required to be indi-
cated on the final subdivision plat, or the plan-
ning commission may require that restrictive cov-
enants be recorded with the county register of
deeds in form to be approved by the city attorney.
(c) Plats straddling municipal boundaries. When-
ever access to the subdivision is required across
land in another local governmental, jurisdiction,
the planning commission may request assurance
from the city attorney that access is legally estab-
lished, from the city engineer that the access road
is adequately improved, or that a performance
bond has been duly executed and is sufficient in
amount to assure the construction of the access
road. Lot lines shall be laid out so as not to cross
municipal boundary lines.
2110
e
e
e
e
e
SUBDIVISION REGULATIONS
~ 36-72
(d) Monuments. The applicant shall place per-
manent reference monuments in the subdivision
as required herein and as approved by a regis-
tered land surveyor, registered architect or licensed
engineer. Monuments shall be located on street
right-of-way lines, at street intersections, angle
points of curve and block corners.
(1) The external boundaries of a subdivision shall
be monumented in the field by monuments of
concrete, not less than thirty (30) inches in
depth, not less than four (4) inches square or
five (5) inches in diameter, and marked on
top with a three-fourths (%) inch by thirty
(30) inches iron rod securely imbedded. The
monuments shall be placed at all corners, at
each end of all curves, at all angle points in
any line, and at all angle points along the
meander line, such points to be not less than
twenty (20) feet back from the bank of any
river or stream, except that when such cor-
ners or points fall within a street, or proposed
future street, the monuments shall be placed
on the right-of-way line of the street. The
location of these monuments shall also be
marked on the ground by the use of wooden
stakes.
(2) All block corners including the PC and PT of
curved block lines, shall be marked with iron
monuments no smaller than three-fourths (%)
inch in diameter and two (2) feet in length,
driven into the ground flush with the exist-
ing ground surface. The location of such mon-
uments shall be shown on the final plat and
marked on the ground by use of wooden stakes.
Sufficient information shall be shown on the
plat to allow an experienced surveyor to lo-
cate or relocate all points and lines shown on
the plat, including all pertinent curve data.
The error of closure of the boundaries of any
enclosed area within the plat shall not ex-
ceed one (1) foot in three thousand (3,000)
feet.
(3) All monuments shall be properly set in the
ground and approved by a registered land
surveyor, licensed engineer or registered ar-
chitect or a performance bond, based upon
the city engineer's estimate, shall have been
issued for monument placement prior to plan-
ning commission approval of the final plat.
(e) Character of the land. Land which the plan-
ning commission finds to be unsuitable for subdivi-
sion or development due to flooding, improper
drainage, steep slopes, rock formation, adverse
earth formations or topography, utility easements
or other features which will reasonably be harm-
ful to the safety, health and general welfare of
inhabitants of the land and surrounding areas,
shall not be subdivided or developed unless ade-
quate methods are formulated by the developer
and approved by the planning commission, upon
recommendation of the city engineer, to solve the
problems created by the unsuitable land conditions.
CD Subdivision name. The proposed name of the
subdivision shall not duplicate or closely approx-
imate phonetically, the name of any other subdi-
vision in the area covered by this chapter. The
planning commission shall have final authority
to designate the name of the subdivision. (Ord.
No. 80-8828, ~ 1(3.1), 12-22-80)
Sec. 36-72. Lots and lot improvements.
(a) Lot splits. No provision ofthis chapter shall
be construed as to require a replat for the split of
any lot into two (2) tracts if it is zoned residential-
ly. Should a tract be zoned industrially it may be
divided into any number of tracts without a replat.
(b) Lot arrangement. The lot arrangement shall
be such that there will be no foreseeable difficul-
ties, for reasons of topography or other conditions,
in securing building permits to build on all lots in
compliance with city codes and in providing legal
access to lots from an approved public street.
(c) Lot dimensions. Lot dimensions shall com-
ply with the minimum standards of the zoning
ordinance. Where lots are more than double the
minimum required for the zoning district, the plan-
ning commission may require that such lots be
arranged so as to allow further subdivision and
the opening of future streets where they would be
necessary to serve such potential lots, all in com-
pliance with the zoning ordinance and this chap-
ter. Side lot lines shall be at right angles to street
lines or radial on curved streets unless a varia-
2111
~ 36-72
SALINA CODE
tion from this rule will give better street or lot
plan. Dimensions of corner lots shall be large
enough to allow for erection of buildings, observ-
ing the minimum front yard setback from both
streets. Depth and width of properties reserved or
laid-out for business, commercial or industrial pur-
poses shall be adequate to provide for the off-street
parking and loading facilities required for the
type of use and development contemplated as es-
tablished in the zoning ordinance.
(d) Double frontage lots and access to lots:
(1) Double frontage lots. Double frontage lots shall
be avoided except where necessary to provide
separation of residential development from
traffic arterials or to overcome specific dis-
advantages of topography and orientation.
(2) Access from arterials. Lots shall not derive
access exclusively from an arterial or collec-
tor street. When driveway access from an arte-
rial or collector street may be necessary for
several adjoining lots, the planning commis-
sion may require that such lots be served by
a combined access drive in order to limit pos-
sible traffic hazard on such street. Driveways
should be designed and arranged as to avoid
requiring vehicles to back into traffic on arterials.
(e) Lot drainage. Individual lot drainage shall
be coordinated with the general storm drainage
pattern for the area.
(D Fencing. Each subdivider and/or developer
shall be required to furnish and install fence wher-
ever the planning commission determines that a
hazardous condition may exist. Such fences shall
be constructed according to standards established
by the city engineer and shall be noted as to
height and material on the final plat. No certifi-
cate of occupancy shall be issued until the fence
improvements have been duly installed or a per-
formance bond sufficient to cover the cost of the
fencing, as determined by the city engineer, is
filed with the city clerk.
(g) Waterbodies and watercourses. If a tract being
subdivided contains a waterbody, or portion there-
of, lot lines shall be drawn so as to distribute the
entire ownership of the waterbody among the ad-
jacent lots. The planning commission may approve
an alternative plan whereby ownership of and
responsibility for safe maintenance of the waterbody
is so placed that it will not normally become a
city responsibility. Not more than twenty-five (25)
percent of the minimum area of a lot required
under the zoning ordinance may be satisfied by
land which is under water. Where a watercourse
separates the buildable area of a lot from the
street by which it has access, provisions shall be
made for installation of a culvert or other struc-
ture, of a design approved by the city engineer.
(Ord. No. 80-8828, ~ 1(3.2), 12-22-80)
Sec. 36-73. Performance bond.
(a) A performance bond, if required, shall in-
clude an amount to guarantee completion of all
requirements contained in this chapter, includ-
ing, but not limited to, lot drainage, fencing, side-
walk construction, and all other lot improvements
required by the planning commission. Such perform-
ance bond shall be sufficient to cover the cost of
the improvements as determined by the city en-
gineer, shall specify the time for completion, and
be filed with the city clerk.
(b) At the expiration of the performance bond,
whether or not a certificate of occupancy has been
issued, the city may enforce the provisions of the
bond where the provisions of this section or any
other applicable law, ordinance or regulation have
not been complied with. (Ord. No. 80-8828, ~ 1(3.3),
12-22-80)
Sec. 36-74. Streets.
(a) General requirements:
(1) Frontage on improved streets. No subdivision
shall be approved unless the area to be sub-
divided shall have frontage on and access from
an existing state, county, or township high-
way; or a street shown upon a plat approved
by the planning commission and recorded in
the county register of deeds' office. The plan-
ning commission shall further require that
the entire right-of-way required by this chap-
ter and official street classification plan and/or
major street plan be dedicated to the board of
commissioners as a condition of final plat
approval.
2112
e
e
e
-
e
SUBDIVISION REGULATIONS
~ 36-74
(2) Topography and arrangement:
a. All streets shall be arranged so as to
obtain as many building sites as possible
at or above the grades of the streets. Grades
of streets shall conform as closely as pos-
sible to the original topography. A com-
bination of steep grades and curves shall
be avoided.
b. All streets shall be properly integrated
with the existing and proposed system of
thoroughfares and dedicated rights-of-way
as established on the official street clas-
sification plan and/or major street plan.
c. All thoroughfares shall be properly re-
lated to special traffic generators such as
industries, business districts, schools,
churches and shopping centers; to popula-
tion densities and to the pattern of exist-
ing and proposed land uses.
d. Residential streets shall be laid out to
conform as closely as possible to the to-
pography, to discourage use by through
traffic, to permit efficient drainage and
utility systems, and to require the min-
imum number of streets necessary to pro-
vide convenient and safe access to property.
e. The use of curvilinear streets, cul-de-sacs
or U -shaped streets shall be encouraged.
f. In business or industrial developments,
the streets and other accessways shall be
planned in connection with the grouping
of buildings, location of rail facilities and
the provision of alleys, truck loading and
maneuvering areas, walks and parking
areas so as to minimize conflict of move-
ment between the various types of traf-
fic, including pedestrian.
(3) Blocks:
a. Blocks shall have sufficient width to pro-
vide for two (2) tiers of lots of appropriate
depths. Exceptions to this prescribed block
width shall be permitted in blocks adja-
cent to railroads, waterways, arterials or
unplatted property.
b. The lengths, widths and shapes of blocks
shall be such as are appropriate for the
locality and the type of development con-
templated, but block lengths in residen-
tial areas shall not exceed three thou-
sand two hundred (3,200) feet in perimeter
measurement. Non-through streets (cul-
de-sacs) shall not be included in the pe-
rimeter measurement. Blocks along ar-
terials shall not be less than eight hundred
(800) feet in length.
c. The planning commission may require
the reservation of easements and/or rights-
of-way through blocks to accommodate
utilities, drainage facilities or pedestrian
traffic.
Pedestrianways or crosswalks, not less
than ten (10) feet wide may be required
by the planning commission through blocks
more than eight hundred (800) feet long
in order to provide circulation or access
to schools, playgrounds, shopping centers,
transportation or other community facilities.
Blocks designed for industrial use shall
be of such length and width as may be
determined suitable by the planning com-
mission for prospective use.
(4) Access to arterials. Where a subdivision bor-
ders on or contains an existing or proposed
arterial, the planning commission may require
that access to such arterial streets be limited
by one of the following means:
a. The subdivision of land so that lots back
onto the arterial and front onto a paral-
lel local street; no access shall be pro-
vided from arterials and screening shall
be provided by the developer in a strip of
land along the rear property line of such
lots.
b. A series of cul-de-sacs, U-shaped streets,
or short loops entered from and designed
generally at right angles to such a paral-
lel street, with the rear lines of their
terminal lots backing onto the arterial.
No access to the arterial shall be allowed.
c. A frontage street (separated from the ar-
terial by a planting or grass strip and
having access thereto at suitable points).
2113
~ 36-74
SALINA CODE
limit the length of temporary dead-end
streets in accordance with the design stand-
ards of this chapter.
b. Dead-end streets (permanent). A dead-end
street shall be designed as a cul-de-sac
street and shall consist of a fifty (50) foot
right-of-way leading from a street termi-
nated by a circular turnaround. The right-
of-way of the turnaround shall not be
less than one hundred (100) feet in diam-
eter. The maximum length of a cul-de-
(7) Layout and dedication of streets and dead- sac street shall be six hundred (600) feet
end streets: from the right-of-way line of the commenc-
a. Dedication of streets. The arrangement ing street along the centerline right-of-
of streets shall provide for the continua- way of the cul-de-sac to the right-of-way
tion of principal streets between adjacent line of the turnaround. See section 36-77
properties when such continuation is nec- (aXl).
essary for convenient movement of traf- (b) Design standards:
fic, effective fire protection, efficient pro- (1) GeneraL In order to provide for streets of suit-
vision of utilities, and where such con- able location, width and improvement to ac-
tinuation is in accordance with the city commodate prospective traffic and afford sat-
plan. If the adjacent property is undevel- isfactory access to police, fire-fighting, snow
oped and the street must be a dead-end removal, sanitation and road-maintenance
street temporarily, the right-of-way shall equipment, and to coordinate streets so as to
be extended to the property line. A tem- compose a convenient system and avoid undue
porary cul-de-sac shall be provided on all hardships to adjoining properties, the follow-
temporary dead-end streets, with the no- ing design standards are hereby required (see
tation on the subdivision plat that land table I). Street classification may be indicated
outside the normal street right-of-way shall on the official street classification and/or major
revert to abuttors whenever the street is street plan; otherwise, it shall be determined
continued. The planning commission may by the planning commission.
Street Design Standards
(5) Names shall be sufficiently different in sound
and in spelling from other street names in
the city, so as not to cause confusion. A street
which is, or is planned as, a continuation of
an existing street shall bear the same name.
(6) Except as required in subsection (aX4), the
creation of reserve strips adjacent to a pro-
posed street in such a manner as to deny
access from adjacent property to such street
shall not be permitted.
Table I
Min.
Tangent
Length
Street Min. R/W Min. Pvmt. Min. Curve Between
Classification Width Width Radius Curves
Arterial
Street 100' 53' B-B 500' 200'
Collector
Street 80' 45' B-B 300' 100'
Residential
Street 60' 33' B-B 150' 100'
Frontage
Street 50' Variable 150'
Cul-de-sac
Turnaround 100' Dia. 90' B-B Dia.
50' 33' B-B
2114
e
e
e
-
e
SUBDIVISION REGULATIONS
~ 36-75
(2) Railroads and limited access highways. Rail-
road rights-of-way and limited access high-
ways where located as to affect the subdivi-
sion of adjoining lands shall be treated as
follows:
a. In residential districts a buffer strip at
least twenty-five (25) feet in depth in ad-
dition to the normal depth of the lot re-
quired in the district shall be provided
adjacent to the railroad right-of-way or
limited access highway. This strip shall
be part of the platted lots and shall be
designated on the plat: "This strip is re-
served for screening. The placement of
habitable structures hereon is prohibited."
b. Streets parallel to the railroad, when in-
tersecting a street which crosses the rail-
road at grade shall be a distance of at
least one hundred fifty (150) feet from
the railroad right-of-way. Such distance
shall be determined with due consider-
ation of the minimum distance required
for future separation of grades by means
of appropriate approach gradients.
(3) Intersections:
a. Streets shall be laid out so as to intersect
as nearly as possible at right angles. A
proposed intersection of two (2) new streets
shall have no angle less than seventy-
five (75) degrees. An oblique street shall
be curved approaching an intersection and
be approximately at right angles for at
least one hundred (100) feet from the in-
tersection. Not more than two (2) streets
shall intersect at anyone point unless
specifically approved by the planning
commission.
b. A proposed new intersection along one
side of an existing arterial street shall,
wherever practicable, coincide with any
existing intersections on the opposite side
of such street. Street jogs with center-
line offsets of less than one hundred fifty
(150) feet shall not be permitted on any
class street, except where the intersected
street has separated dual drives without
median breaks at either intersection. In-
tersections of streets along arterials shall
be at least eight hundred (800) feet apart.
(c) Street dedications and reservations:
(1) New perimeter streets. Street systems in new
subdivisions shall be laid out so as to elimi-
nate or avoid new perimeter half streets ex-
cept when necessary for street alignment. Where
an existing half street is adjacent to a new
subdivision, the other half of the street shall
be dedicated by the subdivider. The planning
commission may authorize a new perimeter
street where the subdivider dedicates the en-
tire required street right-of-way width within
his own subdivision boundaries.
(2) Widening and realignment of existing streets.
Where a subdivision borders an existing nar-
row street or when the master plan, official
map or zoning setback regulations indicate
plans for realignment or widening of a street
that would require use of some of the land in
the subdivision, the applicant shall be required
to dedicate such areas for widening or realign-
ment of such street. Such frontage streets
shall be dedicated by the applicant at his
own expense to the full width as required by
this chapter. Land reserved for any street
purposes may not be counted in satisfying
yard or area requirements of the zoning or-
dinance whether the land is to be dedicated
to the city in fee simple or an easement for
roadway purposes is granted to the city. (Ord.
No. 80-8828, ~ 1(3.4), 12-22-80)
Sec. 36-75. Drainage and storm sewers.
(a) General requirements. The planning commis-
sion shall not approve any plat of a subdivision
which does not make adequate provisions for storm
water runoff control. This control may be accom-
plished through the use of temporary detention
basins, open channels, and/or closed conduits. The
applicant shall be required to submit a drainage
report prepared by a licensed professional engi-
neer which examines the effects of the proposed
subdivision on all upstream and downstream drain-
age conditions. The scope of this report shall be
determined by the city engineer. The drainage
report shall assume the ultimate development of
the entire drainage basin based upon the current
2115
~ 36-75
SALINA CODE
land use plan and the current and proposed zon-
ing of the land within the drainage basin. Calcu-
lation of storm flows and runoff characteristics of
the subdivision shall be performed in accordance
with the design criteria established by the city
engineer. The city engineer shall inform the plan-
ning commission, in writing, of the effects of the
proposed subdivision on the existing storm drain-
age system based upon the above submitted drain-
age report. The city may require the developer of
the proposed subdivision to construct or cause to
be constructed all necessary storm drainage sys-
tems, designed in accordance with the design cri-
teria established by the city engineer, prior to the
issuance of any building permit.
(b) Location. Drainage facilities shall be located
in the street right-of-way where feasible, or in
perpetual unobstructed easements of appropriate
width.
(c) Flood plain areas. The planning commission,
when it deems necessary for the health, safety or
welfare of the present and future population of
the area and necessary for the conservation of
water, drainage and facilities, may prohibit the
subdivision of any portion of the property which
lies within the flood plain of any stream or drain-
age course. These flood plain areas shall be pre-
served from any and all destruction or damage
resulting from clearing, grading or dumping of
earth, waste materials or stumps, except at the
direction of the planning commission.
(d) Dedication of drainage easements:
(1) General requirements. Where a subdivision is
traversed by a watercourse, drainageway, chan-
nel or stream, there shall be provided a storm
water easement or drainage right-of-way con-
forming substantially to the lines of such wa-
tercourse, and of such width and construction
as will be adequate for the purpose. The drain-
age shall be maintained by an open channel
with landscaped banks and adequate width
for maximum potential volume of flow, un-
less some other design is approved by the city
engineer and planning commission.
(2) Drainage easements:
a. Where topography or other conditions are
such as to make impractical the inclu-
sion of drainage facilities within street
rights-of-way, perpetual unobstructed
easements at least fIfteen (15) feet in width,
or more if determined necessary by the
city engineer, shall be provided across
property outside the street. Drainage ease-
ments shall be carried from the street to
a natural watercourse or to other drain-
age facilities.
b. When a proposed drainage system will
carry water across adjacent private land
outside the subdivision, appropriate drain-
age rights must be secured and indicated
on the plat.
c. The applicant shall dedicate, either in
fee simple or by drainage or conserva-
tion easement, land on both sides of ex-
isting watercourses, to a distance to be
determined by the planning commission.
d. Low-lying lands along watercourses sub-
ject to flooding or overflowing during storm
periods, whether or not included in areas
for dedication, shall be preserved and re-
tained in their natural state as drainage
ways. Not more than twenty-fIve (25) per-
cent of such land or land subject to peri-
odic flooding shall be computed for de-
termining the number of lots to be uti-
lized or for computing the area requirements
of any lot. (Ord. No. 80-8828, ~ 1(3.5),
12-22-80)
Sec. 36-76. Water and sewer facilities.
(a) Individual wells and central water systems.
If a public water system is not available, individ-
ual wells may be used or a central water system
provided in such a manner that an adequate sup-
ply of potable water will be available to every lot
in the subdivision. Water samples shall be sub-
mitted to the health department for its approval.
Individual wells and central water systems shall
be approved by the appropriate health authori-
ties. Certification of approval shall be submitted
to the planning commission, prior to preliminary
plat approval.
(b) Individual sewerage systems and package
plants. If a municipal sewerage system is not avail-
2116
e
e
e
e
e
SUBDIVISION REGULATIONS
able, an individual sewage treatment system may
be used or a public sewerage system provided in
such a manner that said system shall be approved
by the appropriate state and/or local health au-
thorities. (Ord. No. 80-8828, ~ 1(3.6), 12-22-80)
Sec. 36-77. Sidewalks.
(a) Required improvements:
(1) Sidewalks shall be included within the dedi-
cated nonpavement right-of-way on both sides
of all streets except cul-de-sacs. No sidewalks
shall be required on cul-de-sacs provided the
six hundred (600) foot maximum length re-
quirement in section 36-74(aX7)b has not been
varied under the provisions of section 36-10.
(2) The developer will be required to construct
the sidewalk prior to the issuance of an occu-
pancy permit or past a performance bond to
insure construction.
(3) Sidewalks will be constructed in accordance
with city design standards.
(b) Pedestrian access. The planning commission
may require pedestrian access from streets to schools,
parks, playgrounds, or other nearby streets, with
perpetual unobstructed easements or rights-of-way
at least ten (10) feet in width. Easements or rights-
of-way shall be indicated on the preliminary and
final plats. (Ord. No. 80-8828, ~ 1(3.7), 12-22-80)
Sec. 36-78. Utilities.
Easements centered on rear or side lot lines
shall be provided for utilities (private and munic-
ipal), and such easements shall be at least twenty
(20) feet wide. Coordination shall be required be-
tween the subdivider and the applicable utility
companies for the establishment of utility ease-
ments on adjoining properties. (Ord. No. 80-8828,
1(3.8), 12-22-80)
Sec. 36-79. Public uses.
The applicant at his discretion, may choose to
dedicate a portion of the plat to the city for use as
a park, playground, school or any other public
use. After proper determination of its necessity
by the planning commission, and the appropriate
city official or public agency involved in the ac-
~ 36-91
quisition and use of each such site and a determi-
nation has been made to acquire the site by the
public agency, the site may be dedicated by the
applicant to the city or other appropriate agency
on the final plat. (Ord. No. 80-8828, ~ 1(3.9), 12-22-80)
Sec. 36-80. Preservation of natural features
and amenities.
(a) General. Existing features which would add
value to residential development or to the city as
a whole, such as trees, as herein defined, water-
courses, historic spots and similar irreplaceable
assets, shall be preserved in the design of the
subdivision.
(b) Protection from harmful influences:
(1) Every effort shall be made to protect adjacent
residential areas from potential nuisance of
existing or proposed non-residential subdivi-
sions, including the provision of extra depth
in parcels backing on existing or potential
residential or non-residential development and
provisions for a permanently landscaped buffer
strip when deemed necessary by the planning
commission.
(2) Street carrying nonresidential traffic, espe-
cially truck traffic, shall not be extended to
the boundaries of adjacent existing or poten-
tial residential areas. (Ord. No. 80-8828, S
1(3.10), 12-22-80)
Sees. 36-81-36-90. Reserved.
ARTICLE IV. SPECIFICATIONS FOR
DOCUMENTS TO BE SUBMITTED
Sec. 36-91. Preliminary plat.
The preliminary plat shall be prepared by a
registered land surveyor, licensed engineer or reg-
istered architect drawn to a scale of not more
than one hundred (100) feet to an inch on a sheet
with dimensions of twenty-four (24) by thirty-six
(36) inches. Sheets shall be numbered in sequence
if more than one (1) sheet is used. The plat shall
contain the following:
(1) Name:
a. Name of subdivision if property is within
an existing subdivision;
2117
~ 36-91
SALINA CODE
b. Proposed name if property is not within d. If other than public systems are proposed,
a previously platted subdivision. This name preliminary proposals for alternative means
shall not be so similar to any existing of providing water supply and sanitary
subdivision name in or near the city as waste treatment and disposal; preliminary
to cause confusion. provisions for collecting and discharging
(2) Ownership: surface water drainage;
N arne, address and telephone number of e. A vicinity map showing streets and other
a. general development of the surrounding
legal owner or agent of property and ci-
tation of last instrument conveying title area;
to each parcel or property involved in the f. Whenever the plat covers only a part of
proposed subdivision, giving grantor, grantee, an applicant's contiguous holdings, the
date and land records reference; applicant shall submit, at a scale of no
b. Citation of any existing legal rights-of- more than two hundred (200) feet to the
inch, a sketch of the proposed subdivi-
way or easements affecting the property; sion area, together with its proposed street
c. Existing covenants on the property, if system and an indication of the probable
any; future street and drainage system of the
d. Name, address and telephone number of remaining portion of the tract;
the professional person responsible for g. The location, bearings and dimensions of
surveys, subdivision design, and for the all boundary lines of the property to be
design of public improvements. expressed to the nearest foot;
(3) Description. Location of property by govern- h. The location of pertinent features such
ment lot, section, township, range and coun- as swamps, parks, bridges, railroads, as
ty, north arrow, graphic scale, written scale determined by the planning commission;
and date of preparation. ground elevation at vertical intervals not
(4) Features: exceeding five (5) feet in areas of fifteen
(15) percent grade or more and two (2)
a. Location of property lines and names of feet in all other areas of lesser grade;
all adjoining property owners from the 1. The locations and dimensions of all pro-
latest assessment rolls as stated in sec- posed or existing lots expressed to the
tion 36-39. The location of existing ease- nearest foot;
ments, burial grounds, railroad rights-of-
way, watercourses, wooded areas and in- J. The locations and dimensions of all prop-
dividual trees as defined in this chapter; erty proposed to be set aside for park and
b. Location, width and names of all exist- playground use, or other public or pri-
vate reservation, with designation of the
ing or platted streets or other public ways purpose thereof, and conditions, if any,
within or immediately adjacent to the of the dedication or reservation;
tract and the location and width of pro-
posed streets; k. The name and address of the owner or
Location and sizes of existing sewers, water owners ofland to be subdivided, the name
c. and address of the subdivider if other
mains, culverts, wells, septic tanks, and than the owner, and the name of the land
other underground structures within the surveyor, engineer or architect;
tract and immediately adjacent thereto;
existing permanent buildings and utility 1. The date of the plat, approximate north
poles on or immediately adjacent to the point, graphic and written scale and suf-
site and utility rights-of-way; ficient data acceptable to the city engi-
2118
e
e
e
-
e
SUBDlVISlON REGULATIONS
neer to determine readily the location,
bearing and length of all lines, and to
reproduce such lines on the ground; the
location of all proposed monuments;
m. N ames of all new streets;
n. Front yard setback lines for all lots and
portions of lots as required by the zoning
regulations;
o. Blocks shall be consecutively numbered.
All lots in each block shall be consecu-
tively numbered;
p. A statement of the use of any lot as pro-
posed by the applicant;
q. Explanation of drainage easements, site
easements and reservations, if any;
r. The area of the plat and closure calcula-
tions of the exterior boundary including
the latitude and departure of each course
shall be submitted. The area of the sub-
division shall be computed by the double
meridian distance m.M.D.) method. The
error of closure of the perimeter survey
shall not exceed one (1) foot for each five
thousand (5,000) feet of perimeter;
s. The lack of information under any speci-
fied item herein, or improper information
supplied by the applicant, shall be cause
for disapproval of a preliminary plat. (Ord.
No. 80-8828, ~ 1(4.1), 12-22-80)
Sec. 36-92. Final plat.
(a) GeneraL The final plat shall be submitted
in the form of an original drawing in waterproof
ink on linen or polyester drafting film drawn to a
scale no smaller than one (1) inch to one hundred
(100) feet on a twenty-four (24) by thirty-six (36)
inch sheet. The final subdivision plat shall be
prepared by a registered land surveyor, registered
architect, or licensed engineer. It is desirable that
the drawing of the final plat appear on a single
sheet. When this is impossible, a small scale key
map shall appear on the first sheet showing the
entire area platted and the sheet on which each
platted area appears. All revision dates must be
shown as well as the following:
~ 36-92
(1) Name of the subdivision;
(2) Location map showing the location of the
subdivision relative to adjacent subdivisions,
tracts and the city limits;
(3) A legal description of the perimeter of the
tract being subdivided;
(4) The perimeter boundary lines of the subdi-
vision showing all property corners, land
lines, distances, bearings and angles, and
other references used in the legal descrip-
tion of the street;
(5) All lot lines, right-of-way lines, streets, and
easements shall be shown with their dimen-
sions to the nearest one hundredth (.01) of
a foot and in actual respective location;
(6) Prior to the submittal of the final plat, all
block corners, including the PC and PT of
curved block lines, shall be marked by iron
monuments no smaller than three-fourths
(%) inch in diameter and two (2) feet in
length, drive into the ground flush with
the existing ground surface. The location
of such monuments shall be shown on the
final plat and marked on the ground by use
of wooden stakes. Sufficient information shall
be shown on the plat to allow an experi-
enced surveyor to locate or relocate all points
and lines shown on the plat, including all
pertinent curve data. The error of closure
of the boundaries of any enclosed area within
the plat shall not exceed one (1) foot in
three thousand (3,000) feet;
(7) Prior to the submittal of the final plat, all
corners in the boundary of the subdivision
shall be monumented with an iron bar, no
smaller than three-fourths (%) inch in di-
ameter and thirty (30) inches in length, set
rigidly in concrete (KS.A. 58-2001);
(8) Where any section or quarter-section cor-
ner is involved, in the control establishing
the location of a subdivision boundary, said
point shall be clearly monumented and ref-
erenced before it is used in the subdivision
control;
(9) All areas, except street rights-of-way and
utility easements, to be dedicated to the
2119
~ 36-92
SALINA CODE
public or reserved for public use or for the
exclusive use of the property owners within
the subdivision, shall be clearly outlined
and a legal description of the same shall
appear on the final plat with the intended
use clearly noted thereon;
(10) North point, graphic scale, written scale
and date of preparation;
(11) Protective covenants shall be lettered on
the final plat or submitted on a separate
sheet with appropriate references made on
the final plat, and signed by the subdivider
and/or owner;
(12) Lots and blocks shall be numbered in an
orderly manner conforming with established
numbering procedures previously used in
the city and approved by the city engineer;
(13) Any restrictions in addition to the protec-
tive covenants shall be lettered on the plat;
(14) All easement lines shall be shown and prop-
erly labeled and dimensioned;
(15) All plats located in a flood hazard area
shall conform to Resolution No. 3186 and
shall be so noted on the plat. Suggested
wording is as follows:
"This plat shall conform with the provi-
sions of Resolution No. 3186 of the City of
Salina dealing with flood hazard areas."
(16) The flood fringe and floodway, if known,
shall be identified on the plat.
(b) Certificates. The following certificates, duly
signed as appropriate, shall appear on the final
plat upon its submittal:
SURVEYOR'S CERTIFICATE
ST A TE OF KANSAS )
) ss
COUNTY OF SALINE )
I, the undersigned, do hereby certify that I am
a licensed professional engineer, registered land
surveyor or registered architect in the State of
Kansas, with experience and proficiency in land
surveying; that the heretofore described property
was surveyed and subdivided by me, or under my
supervision; that all Subdivision Regulations of
the City of Salina, Kansas have been complied
with in the preparation of this plat; and that all
of the monuments shown herein actually exist
and their positions are correctly shown to the
best of my knowledge and belief.
Given under my hand and seal at
Kansas, this _ day of , A.D. 19_.
OWNER'S CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
This is to certify that the undersigned is the
owner(s) of the land described in the plat, and
that he has caused the same to be surveyed and
subdivided as indicated thereon, for the uses and
purposes therein set forth, and does hereby ac-
knowledge and adopt the same under the style
and title thereon indicated.
All street rights-of-way as shown on this plat
are hereby dedicated to the public. An easement
or license to the public to locate, construct and
maintain or authorize the location, construction
and maintenance of poles, wires, conduits, water,
gas and sewer pipes or required drainage chan-
nels or structures under or upon the area marked
for easements on this plat is hereby granted.
Given under my hand at , Kansas, this
_ day of , A.D. 19_.
STATE OF KANSAS )
) ss
COUNTY OF SALINE)
The undersigned, being a duly licensed and bonded
abstracter or authorized representative thereof,
hereby certifies that the above is the legal own-
er(s) of record of the property shown on this plat.
Dated this _ day of
, A.D. 19_.
2120
e
e
e
-
e
SUBDIVISION REGULATIONS
~ 36-92
CORPORATE OWNER'S CERTIFICATE
ST ATE OF KANSAS )
) ss
COUNTY OF SALINE)
This is to certify that the undersigned Propri-
etor, , owns the
land described in the plat and has caused the
same to be surveyed and subdivided as indicated
thereon, for the uses and purposes therein set
forth and does hereby acknowledge and adopt the
same under the style and title thereon indicated.
All streets as shown on this plat are hereby
dedicated to the public. An easement or license to
the public to locate, construct and maintain or
authorize the location, construction and mainte-
nance of poles, wires, conduits, water, gas and
sewer pipes or required drainage channels or struc-
tures under or upon the areas marked for ease-
ments on this plat is hereby granted.
Given under my hand at , Kansas, this
day of , A.D. 19
Corporate Name
Corporate Title
ATTEST:
, Secretary
STATE OF KANSAS )
) ss
COUNTY OF SALINE)
The undersigned, being a duly licensed and bonded
abstractor or an authorized representative there-
of, hereby certifies that the above is the legal
owner(s) of the property shown on this plat.
Dated this
19
day of
,A.D.
NOTARY CERTIFICATE
ST ATE OF KANSAS
ss
COUNTY OF SALINE
I, , a Notary Public in and
for said county, in the state aforesaid, do hereby
certify that , personally
known to me to be the same person(s) whose name(s)
are subscribed to the foregoing instrument as such
owner(s), appeared before me this day in person
and acknowledged that he (they) signed and de-
livered the plat as his (their) own free and volun-
tary act for the uses and purposes therein set
forth.
Given under my hand and Notarial Seal this
day of , A.D. 19
COUNTY CLERK AND CITY CLERK
CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE)
I do hereby certify that there are no delinquent
general taxes, no unpaid current general taxes,
no unpaid forfeited taxes, and no redeemable tax
sales against any of the land included in this plat.
I further certify that I have received all statu-
tory fees in conjunction with the plat.
Given under my hand and seal at Salina, Kan-
sas, this day of , A.D.
19
City Clerk
County Clerk
CERTIFICA TE AS TO SPECIAL
ASSESSMENTS
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
I do hereby certify that there are no delinquent
or unpaid current or forfeited special assessments
2121
~ 36-92
SALINA CODE
or any deferred installments thereof that have
not been apportioned against the tract of land
included in this plat.
Given under my hand and seal at Salina, Kan-
sas, this day of , A.D.
19
County Clerk
City Clerk
SALINA CITY PLANNING COMMISSION
CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
Approved this
19
day of
,A.D.
SALINA CITY PLANNING COMMISSION
SALINA, KANSAS
Chairman
ATTEST:
Secretary
SALINE COUNTY PLANNING AND ZONING
COMMISSION CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
Approved this
19
day of
,A.D.
SALINE COUNTY PLANNING ZONING
COMMISSION
SALINE COUNTY, KANSAS
Chairman
ATTEST:
Secretary
CERTIFICATE OF THE CITY COMMISSION
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
Approved this
19
day of
,A.D.
BOARD OF CITY COMMISSIONERS OF THE
CITY OF SALINA, KANSAS
Mayor
ATTEST:
City Clerk
CERTIFICATE OF THE COUNTY
COMMISSIONERS
STATE OF KANSAS )
) ss
COUNTY OF SALINE)
Approved this
19
day of
,A.D.
BOARD OF COUNTY COMMISSIONERS OF
SALINE COUNTY, KANSAS
Chairman
ATTEST:
County Clerk
REGISTER OF DEEDS CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
Plat of Addition filed of
record in my office on this day of_,
at M., and duly recorded in Volume_
of Plats, at Page
Register of Deeds
Filing Fee of
Paid.
(Ord. No. 80-8828, ~ 1(4.2), 12-22-80)
[The next page is 2173]
2122
.
e
-
e
e
.
Chapter 37
T AXATION*
Art. I. In General, U 37-1-37-15
Art. II. Transient Guest Tax, ~~ 37-16-37-18
ARTICLE I. IN GENERAL
Sees. 37-1-37-15. Reserved.
ARTICLE II. TRANSIENT GUEST T AX*
Sec. 37-16. Tax levied.
There is hereby levied a transient guest tax of
two (2) percent upon the gross receipts derived
from or paid by transient guests for sleeping ac-
commodations, exclusive of charges for incidental
services and facilities, in any hotel, motel or tour-
ist court located within the corporate limits of the
city. (Code 1966, ~ 32A-ll)
Sec. 37-17. Collection.
The tax hereby levied shall be collected, admin-
istered and used in accordance with the provi-
sions of K.S.A. 12-1696 et seq. (Code 1966, ~ 32A-12)
Sec. 37-18. Convention and tourism committee.
(a) There is hereby established a committee to
be known as the "convention and tourism com-
.State law reference-Authority for this article, K.S.A.
12-1696 et seq.
mittee" to be appointed by the mayor with the
approval of the board of commissioners. The com-
mittee shall consist of ten (10) members, a major-
ity of which shall be representatives of business
coming within the terms of this article. In ap-
pointing this committee the board of commission-
ers shall attempt to create a representative bal-
ance of large and small business and businesses
from the various geographic areas of the city. The
executive director of the Salina Area Chamber of
Commerce shall be an ex-officio member of this
committee. Appointments to the committee shall
be for terms of four (4) years and until a successor
is appointed.
(b) The duties of the convention and tourism
committee shall be to make recommendations con-
cerning the programs and expenditures for pro-
motion of convention and tourism from the tax
collected pursuant to this article. (Code 1966, ~
32A-13; Ord. No. 80-8818, ~ 1, 11-10-80)
Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
.~ross r~ferences-Any ordinance levying general or special taxes or special assessments saved from repeal, ~ 1-5(11);
admInistratIon, Ch. 2; tax levies for libraries, ~ 19-38; licenses, Ch. 20; limitation on tax levies, App. A, Charter ord. no. 9.
[The next page is 2223]
2173
e
e
e
-
e
Chapter 38
TRAFFIC AND MOTOR VEHICLES.
Art. I. In General, H 38-1-38-20
Art. II. Miscellaneous Rules, H 38-21-38-40
Art. III. Stopping, Standing and Parking, ~~ 38-41-38-100
Div. 1. Generally, ~~ 38-41-38-50
Div. 2. Parking Meters, ~~ 38-51-38-80
Div. 3. Inoperable Vehicles; ~~ 38-81-38-100
Art. IV. Parades and Processions, ~~ 38-101-38-115
Art. V. Trains and Railroads, H 38-116-38-130
Art. VI. Size, Weight and Load, ~~ 38-131-38-150
Art. VII. Noise, ~~ 38-151-38-157
ARTICLE I. IN GENERAL
Sec. 38-1 Adoption of Standard Traffic
Ordinance.
There is hereby incorporated by reference for
the purpose of regulating traffic within the corpo-
rate limits ofthe city, that certain standard traf-
fic ordinance known as the "Standard Traffic Or-
dinance for Kansas Cities," Edition of 1982 prepared
and published in book form by the League of Kan-
sas Municipalities, Topeka, Kansas. Not less than
three (3) copies of such standard traffic ordinance
shall be filed with the city clerk to be open to
inspection and available to the public at all rea-
sonable hours.
Sec. 38-2. Regulations to conform to street
plan.
All traffic regulations of the city shall conform,
as nearly as practicable, with the master street
plan adopted by the city, and filed with the city
clerk. (Code 1966, ~ 22-2)
Sec. 38-3. Manager may designate use of streets
for other purposes.
The city manager shall have the authority to
temporarily close any street or part thereof so as
to allow the use of the street or any portion thereof
for any activity or purpose having a general pub-
lic or community-wide purpose or function and
the city manager is hereby authorized to place
appropriate signs or devices in the street indicat-
ing the temporary closing thereof. (Code 1966, ~
22-65)
Sec. 38-4. Quiet zones.
Whenever authorized signs are erected indicat-
ing a zone of quiet, no person operating a motor
vehicle within any such zone shall sound the horn
or other warning device of the vehicle except in
an emergency. The city manager shall have au-
thority to temporarily establish a zone of quiet
upon any street where a person is seriously ill if
requested so to do by the written statement of at
least one registered physician certifying to its
necessity. Such temporary zone of quiet shall em-
brace all territory with a radius of two hundred
(200) feet of the building occupied by the person
named in the request of said physician. Such tem-
porary zone of quiet and any other zone of quiet
declared by any ordinance of the city shall be
designated by the city manager by placing at a
conspicuous place in the street a sign or marking
bearing the words "Quiet Zone." (Code 1966, ~
22-115)
.Cross references-Ordinances prescribing traffic regulations for specific streets or areas saved from repeal, ~ 1-5(13);
distributing matter in or attaching to motor vehicles, ~ 3-1; transportation of alcoholic liquor, ~ 5-24; mobile homes and trailers,
Ch. 22; police, Ch. 30; standards for transportation in vehicles for private garbage haulers, ~ 34-51; streets, sidewalks and other
public places, Ch. 35; vehicles for hire, Ch. 40.
State law references-Automobiles and other vehicles generally, K.S.A. Ch. 8; powers of local authorities, K.S.A. Ch. 8, Art.
20.
2223
~ 38-5
SALINA CODE
Sec. 38-5. Request that children not be licensed
except on showing of necessity.
It is hereby requested that the motor vehicle
department of the state not issue operators' li-
censes to minors under the age of sixteen (16)
years except upon a showing of necessity as pro-
vided by K.S.A. 8-237. (Code 1966, ~ 22-31)
Cross reference-Minors generally, Ch. 21.
Sec. 38-6. Applications for restricted licenses
to be referred to chief of police;
action thereon.
The applications of all parents or guardians of
minors under the age of sixteen (16) years and at
least fourteen (14) years of age shall be forwarded
to the chief of police who shall made a recom-
mendation thereon and such recommendation shall
be forwarded, with the application, to the motor
vehicle department of the state for appropriate
action by the department in accordance with law;
provided, that the approval, so given by the chief
of police, may be withdrawn at any time upon
proof being submitted to the chief of police that
any such minor has failed to use and employ such
license in strict compliance with state law. (Code
1966, ~ 22-32)
Cross reference-Minors generally, Ch. 21.
State law reference-Authority for this section, K.S.A.
8-237.
Sec. 38-7. Provisions not to interfere with real
property owners.
Nothing in this chapter shall be construed to
prevent the owner of real property used by the
public for purposes of vehicular travel by permis-
sion of the owner and not as a matter of right
from prohibiting such use, or from requiring other
or different or additional conditions than those
specified in this chapter or otherwise regulating
such use as may seem best to such owner. (Code
1966, ~ 22-13)
State law reference-Similar provisions, K.S.A. 8-2012
Sec. 38-8. Parental responsibility for violations
by children.
Any parent or guardian of any child under the
age of sixteen (16) years who permits such child
to ride or operate any bicycle or other vehicle in
the city shall be responsible for the obedience of
such child to the requirements of this chapter,
and it shall be unlawful for any parent or guard-
ian of any such child to knowingly permit the
violation by such child of any of the provisions of
this chapter, or to furnish to or permit the use by
any such child of any bicycle or other vehicle in
violation of the provisions ofthis chapter, and the
continued violation by any such child of any pro-
visions of this chapter after notice of such viola-
tion has been brought to the attention of such
parent or guardian shall be presumed to be with
the knowledge and consent of such parent or guard-
ian. (Code 1966, ~ 22-351)
Cross reference-Minors generally, Ch. 21.
Sec. 38-9. Police to take up bicycles, vehicles
used by children in violations.
If any child under the age of sixteen (16) years
shall operate or ride on any bicycle or other vehi-
cle in violation of the provisions of this chapter or
if any such bicycle or other vehicle, or the equip-
ment of the same, fails to comply with the re-
quirements of this chapter, any police officer of
the city may take possession of such vehicle and
take the same to the police headquarters in the
city, and there keep the same until the parents or
guardian of such child are notified and until ar-
rangements are made by such parent or guardian
to comply with the requirements of this chapter.
(Code 1966, ~ 22-352)
Cross reference-Minors generally, Ch. 21.
Secs. 38-10-38-20. Reserved.
ARTICLE II. MISCELLANEOUS RULES
Sec. 38.21. Careless driving.
It shall be unlawful for any person to drive or
operate a vehicle upon a highway or street in a
careless or heedless or an inattentive manner, or
without due caution and circumspection, or in
any manner not constituting reckless driving but
so as to endanger or be likely to endanger any
person or property. (Code 1966, ~ 22-77)
2224
e
e
e
-
e
TRAFFIC AND MOTOR VEHICLES
~ 38-41.3
Sec. 38-22. Boarding, alighting from moving
vehicle.
It shall be unlawful for any person to board or
alight from any vehicle while such vehicle is in
motion. (Code 1966, ~ 22-205)
Sec. 38-23. Riding bicycles on sidewalks in
business districts.
It shall be unlawful for any person to ride a
bicycle on any sidewalk in any business district.
(Code 1966, ~ 22-209)
Sec. 38-24. Duties when riding bicycle on
sidewalk.
In residence districts, no person shall ride a
bicycle on a sidewalk except with due care for the
safety of pedestrians, and the rider of a bicycle on
a sidewalk when approaching or passing a pedes-
trian shall slow or stop the same if necessary to
avoid colliding with or interfering with the pas-
sage of any pedestrian on such sidewalk. (Code
1966, ~ 22-210)
Sec. 38-25. Impersonating blind or incapac-
itated person.
It shall be unlawful for any person, unless to-
tally or partially blind or otherwise incapacitat-
ed, while on any public street or highway, to carry
in a raised or extended position a cane or walking
stick which is white in color or white tipped with
red. (Code 1966, ~ 22-222)
Sec. ~26. Obedience to school crossing guards.
The driver of any vehicle traveling on any street
designated as a school zone or school zone cross-
walk shall bring such vehicle to a complete stop
before passing or approaching any such school
building or crosswalk whenever he is signaled or
requested so to do by a traffic officer, school flag-
man or school patrol placed in such street for the
purpose of directing traffic past any such school
building or crosswalk; and after being signaled to
stop, it shall be unlawful for the driver of any
such vehicle to proceed along any such street until
such street is cleared of school children and until
the person giving such signal shall have signaled
the driver of such vehicle to proceed. (Code 1966,
~ 22-7)
Secs. 38-27-38-40. Reserved.
ARTICLE III. STOPPING, STANDING
AND P ARKING*
DIVISION 1. GENERALLY
Sec. 38-41. Parking of certain vehicles on streets
in residential areas; arterial streets
at night prohibited.
It shall be unlawful for any person to use any
residential street in the city for what is commonly
known as nighttime parking of any truck (except
pickup trucks), tractor, trailer, mobile home, motor
home, boat or bus; provided however, this provi-
sion shall not apply to streets which are located
in commercial or industrial areas and which have
not been designated by the city as arterial streets;
and if such truck is used for the transportation of
livestock or gasoline or other flammable liquid,
the same shall not be parked at any time in any
driveway or yard within fifty (50) feet of any dwell-
ing house occupied by any person or family other
than the person or family of the person owning or
using such truck or commercial vehicle. For the
purpose of this section, "nighttime" shall be de-
fined as the period of time from one-half (lh) hour
after sundown until one-half (112) hour before sun-
rise. For the purpose of this section, "residential
area" shall be defined as an area where fifty (50)
percent or more of the property abutting the street
within the block is used for residential purposes.
"Commercial or industrial areas" shall be defined
as areas where fifty (50) percent or more of the
property abutting the street within the block is
used for commercial or industrial purposes. (Code
1966, ~ 22-150)
Sec. 38-41.3. Front wheel to be against curb.
All vehicles shall be parked so that the right or
left front wheel of the vehicle is resting against
the curb. (1966, ~ 22-181)
*Cross reference-Off-street parking and loading require-
ments, \\ 42-541 et seq.
2225
~ 38-41.7
SALINA CODE
Sec. 38-41.7. Overtime parking prohibited.
(a) It shall be unlawful for any person to cause
allow, permit or suffer any vehicle registered i~
the name of or operated by such person to be
parked overtime or beyond the period of legal
parking time established for any city street.
(b) Each police officer shall attach to such ve-
hicle a notice to the owner or operator thereof
that such vehicle has been parked in violation of
the provisions of this section. Each such owner or
operator may, within forty-eight (48) hours of the
time when such notice was attached to such ve-
hicle enclose the notice with one dollar ($1.00) if
the violation was for parking beyond the period of
legal parking for the zone in violation of subsec-
tion (a) and pay the same to the desk sergeant at
the police station as a penalty for and in full
satisfaction of such violation. If the penalty is not
paid within forty-eight (48) hours of the time when
such violation was attached to such vehicle the
penalty for such violation shall be five dollars
($5.00), payable to the desk sergeant at the police
station, the failure of such owner or operator to
make such provisions within forty-eight (48) hours
shall render the owner or operator subject to the
penalties hereinafter provided for violation of the
provisions of this division. (Code 1966, ~~ 22-183,
22-190; Ord. No. 81-8885, ~ 1, 11-2-81; Ord. No.
81-8886, ~ 1, 11-2-81)
Sec. 38-42. Parking on private property with-
out permission prohibited.
(a) It shall be unlawful for any person to park,
place or leave standing, whether attended or un-
attended, any vehicle upon the private real prop-
erty of another, without the consent of the owner
or lessee of the real property.
(b) Whenever any person complains under oath
that a vehicle is standing upon private real prop-
erty in violation of subsection (a), any police offi-
cer is hereby authorized to provide for the removal
of such vehicle to the nearest garage or other
place of safety. The owner or other person enti-
tled to the possession of any such vehicle shall be
required to pay the reasonable cost of such re-
moval before being entitled to the possession of
such vehicle.
(c) It is declared to be a public offense for any
pers~n to violate subsection (a) and any person
~onvIcted of ~uch violation thereof shall be pun-
Ished by a fme of not more than fifty dollars
($50.00). (Code 1966, ~~ 22-153-22-155)
Sec. 38-43. Impounding, removal of nuisance
vehicles.
(a) In order to provide for the safety of proper-
ty, any vehicle being operated by any person upon
any street or alley in the city, the operator of
which is then arrested for the alleged commission
of a public offense and which operator fails to
make bond within one hour after being commit-
ted to jail and further fails to place any such
veh.icle in the care and charge of some person
deSIgnated by such operator, then such vehicle is
hereby declared to be a public nuisance. It shall
be t?e duty of the chief of police to cause any such
vehIcle to be removed and impounded in a public
vehicular storage garage. Thereafter, such vehi-
cle shall be surrendered to the duly identified
owner thereof only upon the payment of any stor-
age and tow-in fee which is necessarily incurred
by the chief of police or anyone acting pursuant to
his orders or directives.
(b) Any unoccupied vehicle left parked contin-
uously upon any street ofthe city twenty-four (24)
hours or more is hereby declared to be a nuisance.
It shall be the duty of the chief of police to cause
any such vehicle to be removed to and impounded
in a public vehicular garage. Such vehicle shall
be surrendered to the identified owner thereof
only upon the payment of storage charge or tow:
in fee, which is necessarily incurred by the chief
of police, or any other department of the city for
the towing in and storage of such vehicle.
(c) Any vehicle against which there has been
issued three (3) or more traffic summons, either
for exceeding the parking limit or for being parked
at a place where parking is prohibited, either by
this chapter or any other ordinance of the city,
where the owner of such vehicle has failed to
appear in municipal court for the disposition of
such cases, is hereby declared to be a nuisance. It
shall be the duty of the chief of police to cause
such vehicle to be removed on sight and impound-
2226
e
e
e
-
e
TRAFFIC AND MOTOR VEHICLES
~ 38-55
ed. Thereafter such vehicle shall be surrendered
to the duly identified owner thereof only upon
payment of the storage charge or tow-in fee, which
is necessarily incurred by the chief of police, or
any other department of the city for the towing in
and storage of such vehicle. (Code 1966, ~ 22-14)
Sec. 38-44. Violations.
(a) Any person who shall violate any parking
provisions of this Code or any other parking regu-
lations, except as otherwise provided, shall be
punished by a fine of not more than twenty-five
dollars ($25.00).
(b) When a vehicle is parked within any area
wherein parking is prohibited, for over an hour,
then each additional hour thereafter shall be deemed
to be a separate offense. (Code 1966, ~~ 22-146,
22-158)
Sees. 38-45-38-50. Reserved.
DIVISION 2. PARKING METERS
Sec. 38-51. Definitions.
The following words and phrases, when used in
this division, shall have the meanings respectively
ascribed to them:
(1) Parking meter shall mean a mechanical de-
vice located upon a municipal and public park-
ing lot, a public street or sidewalk in a place
regularly designated as a parking meter zone,
which device shall record a certain number of
minutes by the use of a clock mechanism
determining the period oftime for which park-
ing privileges may be extended to the person
depositing a coin therein.
(2) Parking meter zone shall be deemed to repre-
sent a certain designated and marked off sec-
tion of a municipal and public parking lot or
a certain designated and marked off section
of a public street within the marked and des-
ignated boundaries where the vehicle may be
temporarily parked and allowed to remain
for such period of time as the parking meter
there situated may indicate. Such parking
meter zones shall be designated by a parking
meter which shall be located upon the side-
walk, bumper curb, island or other place ad-
jacent to the designated and marked off park-
ing spaces.
(3) Vehicle shall mean any device by which any
person or property may be transported upon
a public highway, except those operated upon
rails or permanent tracts. (Code 1966, ~ ~
22-169-22-171)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 38-52. Purpose of receipts.
The coin or coins required to be deposited in
parking meters as provided herein are hereby
levied and assessed as fees to provide for the proper
regulation and control of traffic upon the public
streets, improvement of traffic facilities, and the
cost of supervision and regulating the parking of
vehicles in the parking meter zones created here-
by, and to cover the cost of the purchasing, leas-
ing, acquiring, installation, operation, maintenance,
supervision, regulation and control of the park-
ing meters described herein. (Code 1966, ~ 22-172)
Sec. 38-53. Provisions declared supplemental.
This division shall be deemed to be in addition
and supplementary to, and not in conflict with
nor a repeal of prior or existing ordinance of the
city, but shall be an additional provision for the
regulation of traffic and parking in those zones
provided for hereunder. (Code 1966, ~ 22-173)
Sec. 38-54. Establishing of zones.
The board of commissioners shall from time to
time by resolution designate and establish park-
ing meter zones and time limits therein. (Code
1966, ~ 22-174)
Sec. 38-55. Manager to install meters, mark
spaces.
The city manager shall cause meters to be in-
stalled in the parking meter zones and shall cause
parking meter spaces to be designated as herein-
after provided, and shall indicate the time limita-
tions by designating the same on the parking
meter or meters or by appropriate signs posted in
proximity to the meters in such zones. (Code 1966,
~ 22-175)
2227
~ 38-56
SALINA CODE
Sec. 38-56. Manager to procure, maintain
meters.
The city manager is hereby directed to provide
for the purchase, leasing, acquiring, installation,
operation, maintenance, supervision, regulation
and use of the parking meters provided for in this
division and to maintain the meters in good work-
able condition and the city manager is hereby
vested with power and authority to enter into a
contract for a six (6) months' trial period, after
approval of the terms and conditions thereof by
the board of commissioners for the leasing and
installation of parking meters, the payment for
such meters and/or installation to be provided for
solely from the receipts, funds and revenues ob-
tained from the operation of such parking meters
without in any manner obligating the city to pay
for the same from any other source. The city man-
ager is further authorized and empowered to enter
into a contract, after approval of the terms and
conditions thereof by the board of commissioners
of the city, for such protection and maintenance
of the parking meters as may be necessary to
maintain the same in good operating condition
and to pay for such parts, protection and mainte-
nance of said parking meters exclusively from the
receipts, funds and revenues received from the
operation of the parking meters. (Code 1966, ~
22-176)
Sec. 38-57. Location, construction of meters.
The parking meters installed in the parking
meter zones established as provided in section
38-54 shall be placed upon the curb immediately
adjacent to the individual parking places herein-
after described. Each parking meter shall be placed
or set in such manner as to show or display by a
signal that the parking space adjacent to such
meter is or is not legally in use. Each parking
meter installed shall indicate by proper legend
the legal parking time established by the city and
when operated shall indicate on and by its dial
and pointer the duration of the period of legal
parking, and on the expiration of such period,
shall indicate illegal or overparking. (Code 1966,
~ 22-177)
Sec. 38-58. Meters not to operate on holidays.
Parking meters will not be operated nor will
the deposit of coins therein be required on the
holidays listed in section 1-4 or defined in Chap-
ter 35 of Kansas Statutes Annotated. (Code 1966,
~ 22-178)
Sec. 38-59. Designation of stalls; duty to park
within.
The city manager shall have markings painted
or placed upon the curb and/or upon the street
adjacent to each parking meter for the purpose of
designating the parking space for which the meter
is to be used and each vehicle parking adjacent or
next to any parking meter shall park within the
lines or markings so established. It shall be un-
lawful and a violation of this division to park any
vehicle across any such line or marking or to
park the vehicle in such position that the same
shall not be entirely within the area so desig-
nated by such lines or markings. (Code 1966, ~
22-179)
Sec. 38-60. Penalty for improper parking.
It shall be the duty of the police officers of the
city, acting in accordance with instructions issued
by the city manager, to report any vehicle which
shall be parked in violation of section 38-59 by
showing the license number of such vehicle and
the time and place where such vehicle was parked
in violation of the provisions of this article. Each
such owner or operator may, within seventy-two
(72) hours of the time when such notice was at-
tached to such vehicle, enclose the notice with
one dollar ($1.00) and deposit the same in the
courtesy fine collection box attached to certain
parking meter posts or pay the same to the desk
sergeant at the police station as a penalty for and
in full satisfaction of such violation. If the pen-
alty is not paid within seventy-two (72) hours of
the time when such notice was attached to such
vehicle, the penalty for such violation shall be
two dollars ($2.00) payable to the desk sergeant
at the police station, and the failure of such owner
or operator to make such provision within the
2228
e
e
e
e
e
TRAFFIC AND MOTOR VEHICLES
~ 38-68
seventy-two (72) hours shall render the owner or
operator subject to the penalties hereinafter pro-
vided for violations of the provisions of this divi-
sion. (Code 1966, ~ 22-180)
Sec. 38-61. Front wheel to be against curb.
All vehicles parked in a prescribed and indi-
cated area in any parking meter zones shall be
parked so that the right or left front wheel of the
vehicle is resting against the curb. (Code 1966, ~
22-181)
Sec. 38-62. Duty to deposit coin, activate meter.
When any vehicle shall be parked in any space
adjacent to which a parking meter is located in
accordance with the provisions of this division,
the operator of the vehicle shall, upon entering
the parking space, immediately deposit or cause
to be deposited a coin of the United States, in
such parking meter, of a denomination or denom-
inations indicated on each of such meters, and
put such meter in operation, and failure to de-
posit such coin or coins and put the meter in
operation shall constitute a breach of this divi-
sion and shall subject such person to the penalty
prescribed in section 38-71. Upon the deposit of
such coin or coins and placing the meter in opera-
tion, the parking space may be lawfully occupied
by such vehicle during the period of parking time
which has been prescribed for the part of the
street in which the parking space is located. Ifthe
vehicle shall remain parked in any such parking
space beyond the parking time limit fixed for such
parking space, the parking meter shall by its dial
and pointer indicate such illegal parking, and in
that event, such vehicle shall be considered as
parked overtime and beyond the period of legal
parking time and the parking of a vehicle over-
time or beyond the period of legal parking time
shall be a violation of this division and punished
as hereafter set out. (Code 1966, ~ 22-182)
Sec. 38-63. Overtime parking prohibited.
It shall be unlawful for any person to cause,
allow, permit, or suffer any vehicle registered in
the name of or operated by such person to be
parked overtime or beyond the period of legal
parking time established for any parking meter
zone as herein described. (Code 1966, ~ 22-183;
Ord. No. 81-8885, ~ 1, 11-2-81)
Sec. 38-64. Permitting vehicle to be parked
overtime.
It shall be unlawful for any person to permit a
vehicle to remain or be placed in any parking
space adjacent to any parking meter while the
meter is displaying a signal indicating that the
vehicle occupying such parking space has already
parked beyond the period of time prescribed for
such parking space. (Code 1966, ~ 22-184)
Sec. 38-65. Length of vehicles in municipal
lots.
No vehicle shall be parked within any munici-
pal parking lot if the vehicle shall be of an overall
length in excess of twenty (20) feet. (Code 1966, ~
22-185)
Sec. 38-66. Damaging, defacing meters.
It shall be unlawful for any person to deface,
injure, tamper with, open or willfully break, de-
stroy or impair the usefulness of any parking
meter installed under the provisions of this divi-
sion. (Code 1966, ~ 22-186)
Sec. 38-67. Depositing slugs.
It shall be unlawful for any person to deposit or
cause to be deposited in any parking meter, any
slug, device or metallic substance, or any other
substitute for a coin of the United States. (Code
1966, ~ 22-187)
Sec. 38-68. Temporary suspension of use of
meters.
The city manager is hereby authorized and vested
with the power and authority to enter into con-
tracts, after approval of the terms and conditions
thereof by the board of commissioners, for the
temporary suspension of the use of any or all
parking meters within the city, on the conditions
that the party or parties seeking such suspension
shall reimburse the city in an amount which shall
be not less than the average daily receipts for the
preceding month and the revenues received there-
from shall be credited to the parking meter fund.
(Code 1966, ~ 22-188)
2229
~ 38-69
SALINA CODE
Sec. 38-69. Police to report violations.
It shall be the duty of police officers of the city,
acting in accordance with instructions issued by
the city manager to report:
(1) The number of each parking meter which
indicates that the vehicle occupying the park-
ing space adjacent to such parking meter is
or has been parking in violation of any of the
provisions of this division;
(2) The state license number of such vehicle;
(3) The time during which such vehicle is park-
ing in violation of any of the provisions of
this division;
(4) Any facts, a knowledge of which is necessary
to a thorough understanding of the circum-
stances attending such violation. (Code 1966,
~ 22-189)
Sec. 38-70. Notice of violation; payment in
lieu of penalty.
Each police officer shall attach to such vehicle
a notice to the owner or operator thereof that
such vehicle has been parked in violation of the
provisions of this division. Each such owner or
operator may, within forty-eight (48) hours of the
time when such notice was attached to such vehi-
cle enclose the notice with one dollar ($1.00) if the
violation was failure to deposit coin or coins of a
sufficient amount in the meter in violation of
section 38-62 or one dollar ($1.00) if the violation
was for parking beyond the period of legal park-
ing for the zone in violation of section 38-63 and
deposit the same in the courtesy fine collection
box attached to certain parking meter posts or
pay the same to the desk sergeant at the police
station as a penalty for and in full satisfaction of
such violation. If the penalty is not paid within
forty-eight (48) hours of the time when such vio-
lation was attached to such vehicle the penalty
for such violation shall be five dollars ($5.00) for
violations of section 38-62 and five dollars ($5.00)
for violation of section 38-63, payable to the desk
sergeant at the police station, the failure of such
owner or operator to make such provisions within
forty-eight (48) hours shall render the owner or
operator subject to the penalties hereinafter pro-
vided for violation of the provisions of this divi-
sion. (Code 1966, ~ 22-190; Ord. No. 81-8886, ~ 1,
11-2-81)
Sec. 38-71. Penalty.
Any person who shall violate any of the provi-
sions of this division and any person who aids,
abets or assists therein, shall, upon conviction
thereof, be subject to a fine of not exceeding fifty
dollars ($50.00) for each offense or violation or be
imprisoned for not exceeding fifteen (15) days.
(Code 1966, ~ 22-191)
Sees. 38-72-38-80. Reserved.
DIVISION 3. INOPERABLE VEHICLES*
Sec. 38-81. Finding of governing body.
The board of commissioners finds that junked,
wrecked, dismantled, inoperative, discarded or aban-
doned vehicles, or parts thereof, in and upon all
property within the city is a matter affecting the
health, safety, and general welfare of the citizens
of the city, for the following reasons:
(1) Such vehicles serve as a breeding ground for
flies, mosquitoes, rats and other insects and
rodents;
(2) They are a danger to persons, particularly
children because of broken glass, sharp metal
protrusions, insecure mounting on blocks, jacks
or supports and because they are a ready
source of fire and explosion;
(3) They encourage pilfering and theft, and con-
stitute a blighting influence upon the area in
which they are located thereby causing a loss
in property value to surrounding property;
(4) They constitute a fire hazard in that they
block access for fire equipment to adjacent
buildings and structures. (Code 1966, ~ 23-171)
Sec. 38-82. Definitions.
The following words and phrases, when used in
this division, shall have the meanings respectively
ascribed to them:
.Cross reference-Nuisances generally, Ch. 24.
2230
e
e
e
-
e
TRAFFIC AND MOTOR VEHICLES
~ 38-100
(1) Inoperable means a condition of being junked,
wrecked, wholly or partially dismantled, dis-
carded, abandoned, or unable to perform the
functions or purposes for which it was origi-
nally constructed, or for which it may have
been subsequently modified.
(2) Vehicle means any automobile, truck, trac-
tor, aircraft or motorcycle, which as originally
built contained an engine or designed to con-
tain an engine, regardless of whether it con-
tains an engine at any other time. (Code 1966,
~ 23-172)
Cross reference-Definitions and rules of construction gen-
erally, S 1-2.
Sec. 38-83. Prohibitions.
Except as provided in sections 38-84 and 38-85,
it shall be unlawful for any person or his agent
either as owner, lessee, tenant or occupant of any
lot or land within the city to park, store or depos-
it, or permit to be parked, stored or deposited
thereon, an inoperable vehicle unless it is enclosed
in a garage or other building. (Code 1966, ~ 23-173)
Sec. 38-84. Temporarily disabled vehicles.
The provisions of section 38-83 shall not apply
to any person or his agent with one vehicle inop-
erable for a period of thirty (30) consecutive days
or less. (Code 1966, ~ 23-174)
Sec. 38-85. Screening.
The provisions of section 38-83 shall not apply
to any person or his agent who is conducting a
commercial enterprise in any commercial district
except C-1, or any industrial district as provided
in the zoning regulations or who places such ve-
hicles behind screening of sufficient size, strength
and density to screen such vehicles from the view
of the public using the streets and sidewalks and
to prohibit ready access to such vehicles by chil-
dren; provided, however, that nothing in this sec-
tion authorizes the maintenance of a public nui-
sance. (Code 1966, ~ 23-175)
Sec. 38-86. Presumptions that a vehicle is
inoperable.
Anyone of the following conditions shall raise
the presumption that a vehicle is inoperable:
(1) Absence of an effective registration plate upon
such vehicle;
(2) Placement of the vehicle, or parts thereof,
upon jacks; blocks, chains or other supports;
(3) Absence of one or more parts of the vehicle
necessary for the lawful operation of the ve-
hicle upon the streets and highways. (Code
1966, ~ 23-176)
Sec. 38-87. Administrative procedure.
(a) Whenever an informal complaint is made to
the building official or at any time the building
official becomes aware of the existence of a viola-
tion of this division, the building official shall
cause to be served upon the person in possession
of the vehicle or the owner of the real property
upon which such inoperable vehicle is located, a
written notice. Such notice shall inform such per-
son of the violation and direct that they comply
with the provisions of this division within ten (10)
days following receipt of the notice or prosecution
will be commenced for violation thereof.
(b) If such person fails to comply with the pro-
visions of this division within such time the build-
ing official shall notify the city attorney who shall
commence prosecution under this division.
(c) If the owner of such inoperable vehicle can-
not be found, and the owner of the real property
upon which such vehicle is located is a nonresi-
dent of the county the building official shall have
the authority to enter upon such property and
cause the vehicle to be removed. All costs incurred
shall be assessed against the property upon which
the vehicle was located. (Code 1966, ~ 23-177)
Sec. 38-88. Penalty.
Any person violating the provisions of this di-
vision shall, upon conviction thereof, be fined in
an amount not to exceed twenty-five dollars ($25.00)
or imprisoned not to exceed five (5) days or be
both so fined and imprisoned. Each day during or
on which a violation occurs or continues shall
constitute a separate offense. (Code 1966, ~ 23-178)
Sees. 38-89-38-100. Reserved.
2231
~ 38-101 SALINA CODE
ARTICLE IV. PARADES AND ARTICLE V. 'l'RAINS AND RAILROADS.
PROCESSIONS
Sec. 38-101. Permit required.
(a) No procession or parade other than a fu-
neral procession, excepting the forces ofthe United
States Army or Navy, the military forces of this
state, and the forces of the police and fire de-
partments, shall occupy, march or proceed along
any street except in accordance with a permit
issued by the chief of police and other regulations
as set forth herein which may apply. A permit
must be requested at least two (2) weeks prior to
the parade or procession.
(b) The permit fee shall be as prescribed in
section 2-2. (Code 1966, 9 22-234)
Sec. 38-102. Pennant or escort required for
funeral procession.
A funeral composed of a procession of vehicles
shall be identified as such by the display upon the
outside of at least the first four (4) vehicles in
such procession, of a pennant of a type designated
by the chief of police or the traffic division of the
police department, or shall be escorted by a police
vehicle or vehicles. (Code 1966, 9 22-235)
Sec. 38-103. Duties of drivers in processions.
Each driver in a funeral or other procession
shall drive as near to the right-hand edge of the
roadway as practical and follow the vehicle ahead
as closely as is practical and safe. (Code 1966, 9
22-236)
Sec. 38-104. Driving through processions.
No driver of a vehicle shall drive between the
vehicles comprising a funeral or other authorized
procession while they are in motion and when
such vehicles are conspicuously designated as re-
quired in this article. This provision shall not
apply at intersections where traffic is controlled
by traffic-control signals or police officers. (Code
1966, 9 22-237)
Secs. 38-105-38-115. Reserved.
Sec. 38-116. Trains blocking streets.
It shall be unlawful for the directing officer or
the operator of any railroad train to direct the
operation of or to operate the same in such a
manner as to prevent the use of any street for
purposes of travel for a period of time longer than
five (5) minutes, except that this provision shall
not apply to trains of cars in motion other than
those engaged in switching. (Code 1966, 9 22-254)
Sec. 38-117. Backing trains, cars across
crossings.
It shall be unlawful for the directing officer or
the operator of any railroad train or any brake-
man, switchman, engineer, or other employee or
officer of any railroad to permit or cause to per-
mit any train or car or cars of a train or other
object moving along such track to back across any
street, avenue or thoroughfare in the city without
first stationing, or causing to be stationed in said
street, avenue or thoroughfare, a flagman or other
employee of the railroad whose duty it shall be to
warn, by suitable signals, all approaching traffic
of the immediate approach of such train or car or
cars of such train or other object moving along
such track; provided, that no railroad car or cars,
or other object moving along such track shall be
shuttled, switched, driven or "bumped" across any
street, avenue or thoroughfare in the city unless
such cars are attached to an engine and under
proper control. (Code 1966, 9 22-255)
Sec. 38-118. Unlawful to sound train whistle
at certain intersection.
At the railroad crossings directly east of Fifth
Street on Iron A venue and on Ash Street, which
is protected by an electronically operated warn-
ing device, every person who is on, operating or
assisting in the operation of a train locomotive or
engine who shall sound a train whistle, an air
horn or similar noise-making warning device within
the distance of one adjacent city block of the cross-
.Cross reference-Railroad crossings, S 35-231 et seq.
2232
e
e
e
e
e
TRAFFIC AND MOTOR VEHICLES
~ 38-133
ing, when the train is approaching the crossing,
shall be deemed guilty of a public offense except
between the hours of 7:00 a.m. and 9:00 p.m. the
person may sound two (2) short sounds of such
whistle, air horn or similar noise-making device
when entering into the crossing. Appropriate signs
shall be installed on Iron A venue and on Ash
Street to inform motorists that warning signals
will not be sounded by train locomotives at these
crossings. (Ord. No. 81-8835, ~ 1, 2-2-81)
Sees. 38-119-38-130. Reserved.
ARTICLE VI. SIZE, WEIGHT AND WAD
Sec. 38-131. Compliance required.
It shall be unlawful for any person to drive or
move or for the owner or lessee to cause or know-
ingly permit to be driven or moved on any high-
way any vehicle or combination of vehicles of a
size or weight exceeding the limitations stated in
Article 19 of Chapter 8 of Kansas Statutes Anno-
tated or otherwise in violation of this article, and
the maximum size and weight of vehicles herein
specified shall be lawful throughout the city. (Code
1966, ~ 22-325)
State law reference-Similar provisions, K.S.A. 8.1901(a).
Sec. 38-132. Exemptions.
The provisions of this article governing size,
weight and load shall not apply to fire apparatus,
road machinery, farm tractors or to implements
of husbandry temporarily moved upon a highway,
or to a vehicle operated under the terms of a
special permit issued as herein provided. (Code
1966, ~ 22-326)
State law reference-Similar provisions, K.S.A. 8-1901(e).
Sec. 38-133. Width of vehicles and loads thereon.
(a) The total outside width of any vehicle or
. the load thereon shall not exceed eight (8) feet,
except as otherwise provided in this section.
(b) A farm tractor or a fertilizer dispensing ma-
chine shall not be permitted to travel on any
highway which is a part of the national system of
interstate and defense highways. Whenever a farm
tractor or implement of husbandry, and any load
on any such vehicle, exceeds the width limita-
tions prescribed by this section to the extent that
the width of such vehicle, including any load there-
on, exceeds the width of that portion of a roadway
on which such vehicle is driven, which is marked
as a single lane of traffic, or, if such roadway has
not been marked for lanes of traffic, the width of
such vehicle exceeds more than one-half the width
of such roadway, the driver shall move such vehi-
cle as soon as possible as far to the right-hand
side of the highway as is practicable and safe
upon the approach of any oncoming or following
vehicle and upon approaching the crest of a hill.
(c) Whenever pneumatic tires, in substitution
of the same type or other types of tires, have been
heretofore or are hereafter placed upon a vehicle
in operation upon the effective date of this chap-
ter, the maximum width from the outside of one
wheel and tire to the outside of the opposite wheel
and tire shall not exceed eight (8) feet six (6)
inches, but in such event the outside width of the
body of such vehicle or the load thereon shall not
exceed eight (8) feet.
(d) The total outside width of the body of a bus,
excluding all rearview mirrors, turn signal lamps
and handholds equipment used in intercity tran-
sit operations or a bus used in local urban transit
operations, shall not exceed eight (8) feet six (6)
inches.
(e) A vehicle may be loaded with cylindrically
shaped bales of hay which extend not to exceed
twelve (12) feet width-wise of the vehicle, but no
vehicle so loaded may be moved on any highway
designated as a part of the national system of
interstate and defense highway system and no
vehicle so loaded may be moved later than thirty
(30) minutes after sunset or before thirty (30) min-
utes before sunrise. No vehicle loaded as author-
ized by this subsection (e) shall travel more dis-
tant than fifty (50) miles from the usual place the
vehicle is parked when not in use.
CD A housetrailer or mobile home which exceeds
the width as provided in subsection (c) may be
moved on the highways of this state upon obtain-
ing a permit as provided herein, if the driver of
the vehicle pulling such housetrailer or mobile
home has a valid driver's license and if such driver
2233
~ 38-133
SALINA CODE
carries with him or her evidence that such housetrailer
or mobile home, and the vehicle pulling it, are
covered by motor vehicle liability insurance with
limits of not less than one hundred thousand dol-
lars ($100,000.00) for injury to anyone (1) per-
son, and three hundred thousand dollars ($300,000.00)
for injury to persons in anyone (1) accident, and
twenty-five thousand dollars ($25,000.00) for in-
jury to property. (Code 1966, ~ 22-327)
State law reference-Similar provisions, K.S.A. 8-1902,
8-1911(g).
Sec. 38-134. Projecting loads on passenger
vehicles.
No passenger-type vehicle shall be operated on
any highway with any load carried thereon ex-
tending beyond the left side of such vehicle nor
extending more than six (6) inches beyond the
right side thereof. (Code 1966, ~ 22-328)
State law reference-Similar provisions, K.S.A. 8-1903.
Sec. 38-135. Height and length of vehicles and
loads.
(a) No vehicle including any load thereon shall
exceed a height of thirteen and one-half (13V2)
feet.
(b) No motor vehicle shall exceed a length of
forty-two and one-half (42V2) feet extreme overall
dimension, inclusive of front and rear bumpers.
(c) Except as otherwise provided in subsections
(d) and (e), no combination of vehicles coupled
together shall exceed a total length of sixty-five
(65) feet.
(d) The limitations in this section governing
maximum length of a truck tractor and semitrailer
or other combinations of vehicles coupled together
shall not apply to vehicles operating in the day-
time when transporting poles, pipe, machinery or
other objects of a structural nature which cannot
readily be dismembered, except that it shall be
unlawful to operate any such vehicle or combina-
tion of vehicles which exceeds a total length of
eighty-five (85) feet unless a special permit for
such operation has been issued by the secretary
of transportation or by an agent or designee of
the secretary pursuant to K.S.A_ 8-1911. For the
purpose of authorizing the issuance of such spe-
cial permits at ports of entry, weight stations or
motor vehicle inspection stations, the secretary of
transportation may contract with the secretary of
revenue for such purpose, and in such event, the
secretary of revenue or any agent or designee of
the secretary of revenue may issue such special
permit pursuant to the terms and conditions of
the contract. The limitations in this section shall
not apply to vehicles transporting such objects
operated at nighttime by a public utility when
required for emergency repair of public service
facilities or properties or when operated under
special permit as provided in K.S.A. 8-1911, but
in respect to such night transportation every such
vehicle and the load thereon shall be equipped
with a sufficient number of clearance lamps on
both sides and marker lamps upon the extreme
ends of any projecting load to clearly mark the
dimensions of such load.
(e) The limitations of this section governing the
maximum length of combinations of vehicles shall
not apply to a combination of vehicles consisting
of a truck tractor towing a house trailer , if such
housetrailer does not exceed fourteen (14) feet in
width and such combination of vehicles does not
exceed an overall length of ninety-five (95) feet.
(D The limitations of this section governing the
maximum length of combinations of vehicles upon
roads and highways under the jurisdiction of the
secretary of transportation or local authorities
shall not apply to any vehicle operating on a route
designated by the secretary or local authority be-
tween a Kansas turnpike authority toll booth and
a motor freight truck terminal located within a
ten-mile radius of any such toll booth, under a
permit issued pursuant to K.S.A. 8-1911, and amend-
ments thereto, by the secretary with respect to
roads and highways under the secretary's juris-
diction, or a local authority, with respect to roads
and highways under such local authority's juris-
diction. Notwithstanding any other provision of
law to the contrary, for the purposes of this sub-
section, all two-Ianed roads and highways within
the corporate limits of a city shall be deemed to
be under the jurisdiction of such city. (Code 1966,
~ 22-329)
State law reference-Similar provisions, K.S.A. 8-1904.
2234
e
e
e
-
e
TRAFFIC AND MOTOR VEHICLES
~ 38-138
Sec. 38-136. Wheel and single-axle load limits.
(a) The gross weight upon any wheel of a vehi-
cle shall not exceed the following:
(1) When the wheel is equipped with a high pres-
sure pneumatic, solid rubber or cushion tire,
eight thousand (8,000) pounds;
(2) When the vehicle is being operated on a high-
way of the interstate system or on a highway
not approved and designated by the secretary
of transportation pursuant to paragraph (3)
of this subsection, and the wheel is equipped
with a low pressure pneumatic tire, nine thou-
sand (9,000) pounds;
(3) When the wheel is equipped with a low pres-
sure pneumatic tire, ten thousand (10,000)
pounds if the vehicle is operated on a high-
way not included in the interstate system
and such highway has been approved and
designated for such operations by the secre-
tary of transportation.
(b) The gross weight upon anyone axle of a
vehicle shall not exceed the following:
(1) When the wheels attached to said axle are
equipped with high pressure pneumatic, solid
rubber or cushion tires, sixteen thousand
(16,000) pounds;
(2) When the vehicle is being operated on a high-
way of the interstate system or on a highway
not approved and designated by the secretary
of transportation pursuant to paragraph (3)
of this subsection, and the wheels attached to
said axle are equipped with low pressure pneu-
matic tires, eighteen thousand (18,000) pounds;
(3) When the wheels attached to said axle are
equipped with low pressure pneumatic tires,
twenty thousand (20,000) pounds if the vehi-
cle is operated on a highway not included in
the interstate system and such highway has
been approved and designated for such oper-
ations by the secretary of transportation.
(c) When and if the congress of the United States
returns to this state the exclusive power to de-
termine wheel and axle load limits on the inter-
state system, or when and if the congress of the
United States adopts gross weight limits on the
interstate system commensurate with such limits
prescribed by this section for vehicles not being
operated on the interstate system, the wheel and
axle load limits prescribed by this section for ve-
hicles being operated on the interstate system
shall no longer apply and thereupon the wheel
and axle load limits prescribed by this section for
vehicles not being operated on the interstate sys-
tem shall apply to vehicles being operated on the
interstate system.
(d) For the purposes of this section, an axle
load shall be defined as the total load on all wheels
whose centers are included within two parallel
transverse vertical planes not more than forty
(40) inches apart, and further, that any axle placed
within seven (7) feet of any adjacent axle shall at
all times carry its proportionate part of the load
permitted on such pair of axles.
(e) For the purposes of this section, every pneu-
matic tire designed for use and used when in-
flated with air to less than one hundred (100)
pounds pressure shall be deemed a low pressure
pneumatic tire, and every pneumatic tire inflated
to one hundred (100) pounds pressure or more
shall be deemed a high pressure pneumatic tire.
CD For the purposes of this section, the term
"interstate system" means the national system of
interstate and defense highways. (Code 1966, ~
22-332)
State law reference-Similar provisions, K.S.A. 8-1908.
Sec. 38-137. Gross weight.
No vehicle or combination of vehicles shall be
moved or operated on any street or bridge when
the gross weight thereof exceeds the limits speci-
fied in K.S.A. 8-1909. (Code 1966, ~ 22-333)
Sec. 38-138. Enforcement of vehicle weight
laws.
(a) Any police officer or properly designated de-
partment of revenue agent or employee having
reason to believe that the gross weight of a vehi-
cle or combination of vehicles or the gross weight
on any axle or tandem axles is unlawful is au-
thorized to require the driver to stop and submit
to a weighing of the same by means of either
portable or stationary scales and may require that
2235
~ 38-138
SALINA CODE
such vehicle be driven to any scales suitable for
this purpose within five (5) miles. When portable
scales are used for weighing for the purpose of
this section, the location of such portable scales
shall be not more than ten (10) miles from any
stationary scales whose accuracy is certified in
accordance with law.
(b) Whenever a police officer or properly desig-
nated department of revenue agent or employee
upon weighing a vehicle or combination of vehi-
cles, determines that the weight is unlawful, such
officer, agent or employee may require the driver
to stop the vehicle in a suitable place and remain
standing until such portion of the load is removed
as may be necessary to reduce the gross weight of
such vehicle or combination of vehicles or remove
or redistribute the gross weight on any axle or
tandem axles to such limit as permitted under
Article 19 of Chapter 8 of Kansas Statutes Anno-
tated. All material so unloaded shall be cared for
by the owner, lessee or operator of such vehicle at
the risk of such owner, lessee or operator.
(c) Any driver of a vehicle or combination of
vehicles who fails or refuses to stop and submit
such vehicle or combination of vehicles to weigh-
ing as provided in this section or who fails or
refuses when directed by an officer or properly
designated department of revenue agent or em-
ployee, to comply with the provisions of this sec-
tion, shall be guilty of a misdemeanor. (Code 1966,
~ 22-334)
State law reference-Similar provisions, K.S.A. 8-1910.
Sec. 38-139. Through truck traffic prohibited
on certain streets.
Whenever, by resolution of the board of com-
missioners, a street is designated as a one on
which through truck traffic is prohibited, it shall
be the duty of the city manager to erect appropri-
ate signs giving notice thereof, and after the erec-
tion of such signs, it shall be unlawful for any
person to operate a truck having a gross vehicle
weight of over sixteen thousand (16,000) pounds
thereon for any purpose other than making deliv-
eries to premises located within the corporate lim-
its of the city. (Code 1966, ~ 22-335)
Sees. 38-140-38-150. Reserved.
ARTICLE VII. NOISE.
Sec. 38-151. Definitions.
Unless otherwise expressly stated or the con-
tents clearly indicates a different intention, the
following terms shall have the meaning shown:
(1) dBA means the composite abbreviation for
A-weighted sound level, and the unit of sound
level, the decibel.
(2) Gross combination weight rating, or GCWR
means the value specified by the manufac-
turer as the maximum loaded weight of a
combination vehicle.
(3) Gross vehicle weight rating, or GVWR means
the value specified by the manufacturer as a
loaded weight of a single vehicle.
(4) Sound level means the A-weighted sound pres-
sure level measured with a fast response using
an instrument complying with specifications
for sound level meters of the American Na-
tional Standards Institute, Inc., (ANSIS 1.4-1971
or the latest approved revision thereoD or its
successor bodies, except that only A-weighting
and fast dynamic response need be provided.
(5) Sound level meter will mean an apparatus or
instrument including a microphone, amplifi-
er, attenuator, output meter and frequency
weighting networks for the measurement of
sound levels. (Ord. No. 81-8873, ~ 1(22-124),
8-24-81)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 38-152. Prohibitions.
It shall be unlawful for any person to operate,
or cause to be operated, any motor vehicle within
the city at any time in such manner that the total
sound level emitted by the motor vehicle, includ-
ing the sound of any appliance, equipment, device
or accessory appurtenant to or operated in con-
nection with the operation of the motor vehicle,
exceeds the level set forth in section 38-151, for
the speed limit zone, regardless of the actual speed
of the motor vehicle or in any other manner pro-
.Cross reference-Nuisances generally, Ch. 24.
2236
.
e
e
e
-
e
TRAFFIC AND MOTOR VEHICLES
~ 38-157
hibited by this section. (Ord. No. 81-8873, ~ 1(22-125),
8-24-81)
Sec. 38-153. Operating noise limits.
(a) The maximum allowable sound level emis-
sion under this article shall be as follows, when
measured at a distance of fifteen (15) meters (fifty
(50) feet):
Sound Level in dBA
Vehicle Class
Speed Limit Speed Limit
30 MPH or Over 30
Less MPH
Motor carrier vehicle engaged
in interstate commerce of
GVWR or GCWR of 10,000
lbs or more
86 90
All other motor vehicle of
GVWR or GCWR of 10,000
lbs or more
86
90
Any other motor vehicle or
any combination of vehicles
towed by any motor vehicle
76
82
(b) If the distance is less than fifty (50) feet,
such listed noise limit will be corrected to reflect
the equivalent noise limits for the actual distance.
(Ord. No. 81-8873, ~ 1(22-126),8-24-81)
Sec. 38-154. Adequate mufflers or sound
dissipative devices.
(a) It shall be unlawful for any person to oper-
ate, or cause to be operated, any motor vehicle
not equipped with a muffler or other sound dissipative
device in good working order and in constant
operation.
(b) It shall be unlawful for any person to re-
move or render inoperative or cause to be removed
or rendered inoperative, other than for purposes
of maintenance, repairs or replacement, any muf-
fler sound dissipative device on a motor vehicle.
(Ord. No. 81-8873, ~ 1 (22-127), 8-24-81)
Sec. 38-155. Motor vehicle horns and signal-
ing devices.
The following acts, and causes thereof, are de-
clared to be in violation of this article:
(1) The sounding of any horn, or other auditory
signaling device on or in any motor vehicle,
except as a warning of danger;
(2) The sounding of any horn, or other auditory
signaling device which produces the sound
level in excess of eighty-five (85) dBA at fif-
teen (15) meters (fifty (50) feet), except as a
warning of danger. (Ord. No. 81-8873, ~
1(22-128), 8-24-81)
Sec. 38-156. Standing motor vehicles.
It shall be unlawful for any person to operate
the engine providing motive power, or an auxil-
iary engine of a motor vehicle with a manufac-
turer's gross vehicle weight rating of ten thou-
sand (10,000) pounds or more or any auxiliary
equipment attached thereto for a consecutive pe-
riod longer than ten (10) minutes while such ve-
hicle is standing and located within one hundred
fifty (150) feet of property zoned and used for
residential purposes between the hours of 11:00
p.m. and 7:00 a.m. the following day, except where
vehicle is standing within a completely enclosed
structure. (Ord. No. 81-8873, ~ 1(22-129),8-24-81)
Sec. 38-157. Exempt vehicles.
The following are exempt from the operation of
this article:
(1) Emergency vehicles designated as such by
the laws of the state, or by ordinance of this
city, and ambulances on emergency call;
(2) Construction or agricultural equipment and
street maintenance equipment that are on a
job site or traveling on street or highways.
(Ord. No. 81-8873, ~ 1(22-130), 8-24-81)
[The next page is 2287]
2237
e
e
e
-
e
Chapter 39
TREES AND SHRUBS.
Art.
Art.
I. In General, U 39-1-39-20
II. Trimmers and Treaters, U 39.21-39-50
Div. 1. Generally, ~~ 39-21-39-30
Div. 2. License, ~~ 39-31-39-50
III. Diseased Trees and Shrubs, ~~ 39-51-39-53
Art.
ARTICLE I. IN GENERAL
tree or fruit tree, standing or growing, wholly or
partly, in or on any street or alley, without the
consent of the abutting landowner and the board
of commissioners. (Code 1966, ~ 33-3)
Sec. 39-1. Authority to regulate.
The board of commissioners is hereby author-
ized to regulate the planting, maintenance, treat-
ment and removal of trees and shrubbery upon
all streets, alleys, avenues, boulevards and park-
ings within the city. (Code 1966, ~ 33-1)
Sec. 39-4. Duty to trim trees on or near streets,
sidewalks.
Sec. 39-2. Rights of property owners over plants
in parkings.
The owners of property abutting on streets, al-
leys, avenues and boulevards shall have such title
to and property in growing trees and shrubbery
in the parking in front or to the side of such real
estate between the curb line and property line as
to enable the owners in case of injury to or de-
struction of such trees, shrubbery and parking to
recover from the person causing said injury or
destruction, the full damages which the abutting
prope.rty in front of which they are situated may
sustam by reason thereof and such abutting prop-
erty owners shall all have the right of action in
any court of competent jurisdiction to enjoin in-
jury to or destruction of such trees, shrubbery
and parking, except that no recovery or injunc-
tion ~h~ll be had against the city in the making of
pubhc Improvements or in any other reasonable
exercise of its authority over such streets, alleys,
avenues or boulevards or over the trees and shrub-
bery located thereon. (Code 1966, ~ 33-22)
The owners, occupants or persons in charge of
real estate in the city abutting upon public streets
and avenues are hereby required to cause all trees
growing and situated in front of such real estate
but within the boundary line of the streets 0;
avenues and within the curb line thereof, and all
trees or branches or limbs thereof growing or sit-
uated on any such real estate, which overhang
any such street or avenue, to be properly trimmed
in such a manner as not to interfere with public
travel upon the streets and sidewalks in front or
abutting upon any such property, and such trim-
ming shall be done in a proper and scientific man-
ner by a person familiar with the proper manner
of doing such work, so as not to injure or destroy
such trees. Any trees or limbs, projecting beyond
the back of the curb line or the usual location
thereof at a point less than twelve (12) feet above
the street level, are hereby declared to be hazard-
ous and to interfere with the use of the streets
and avenues. Any trees or limbs projecting over
any sid~walk or usually traveled pedestrian way,
at a pomt less than eight (8) feet above the level
of any thereof, are hereby declared to be hazard-
ous and to interfere with the use of sidewalks and
It shall be un.lawful for any person to cut, gir- usually traveled pedestrian way. (Code 1966, ~
dIe, destroy or In any manner injure any shade 33-4)
.c~oss ~eferences-Trimming of trees and branches for public utilities, ~ 31-10; streets sidewalk d h .
35; tnmmmg of trees for moving of buildings, ~ 35-69. ' s an ot er publIc places, Ch.
State law reference-Trees and shrubbery, K.SA. 12-3201 et seq.
Sec. 39-3. Injuring trees.
2287
~ 39-5
SALINA CODE
Sec. 39-5. Removal of dead trees and limbs.
The owners, occupants or persons in charge of
real estate abutting upon any public street or
avenue in the city are hereby required to remove
or cause to be removed all dead trees or all dead
limbs or branches on any trees, situated or grow-
ing in front of such real estate but within the
boundary line of any such street or avenue and
within the curb line thereof, or any dead tree or
any dead limb or branch of any tree situated or
growing upon any such real estate, but overhang-
ing any such street or avenue, or sufficiently near
thereto to become dangerous to the public travel-
ing thereon or on any sidewalk, which said dead
trees or dead limbs or branches thereof are or
may become dangerous and a menace to public
travel upon the streets and sidewalks in front of
or abutting upon and such property. (Code 1966,
~ 33-5)
Sec. 39-6. Notice requiring trimming or removal.
The superintendent of parks is hereby author-
ized and directed, whenever in his opinion it be-
comes necessary, to notify in writing the owner of
any such real estate to cause the trimming of any
trees as required by section 39-4, or to cause the
removal of any dead trees or dead limbs or branches
of any trees as required by section 39-5, whenever
in his opinion the same may be necessary, or if
such owner cannot be found in the city, then to
notify the occupant, agent or person in charge of
the property in the same manner. (Code 1966, ~
33-6)
Sec. 39-7. Failure to comply with notice.
If within ten (10) days from the date of the
service of the notice required by section 39-6, such
owner or such occupant, agent or person in charge
of such property, shall fail to comply with the
provisions of such notice, such person shall be
deemed guilty of a violation of this article, and
the superintendent of parks shall cause a com-
plaint to be filed in the municipal court and such
owner, or occupant, or person in charge of the
property shall be prosecuted for the violation of
the provisions of this article, but failure to serve
such notice shall not relieve any person from com-
plying with the provisions of section 39-5, and
any violator thereof shall be punished whether
such notice is served or not. (Code 1966, ~ 33-7)
Sec. 39-8. Criminal violations.
Any person who shall violate any of the provi-
sions of this article shall be deemed guilty of a
misdemeanor, and for each day upon which any
condition by this article prohibited is permitted
to continue, after the time fixed in any notice
given by the superintendent of parks, a separate
offense shall be deemed to be committed. (Code
1966, ~ 33-8)
Sec. 39-9. Violations declared nuisance;
abatement.
In addition to the other provisions of this arti-
cle, any tree which is not trimmed in accordance
with the provisions hereof, or any dead tree or
dead branch or limb of any tree which is not
removed in accordance with the provisions here-
of, or any other dead tree or dead branch or limb
of any tree situated on any premises in the city,
which is or may become in danger of falling and
injuring any person or property in the city, is
hereby declared a public nuisance, and if any
such tree is not properly trimmed, or any such
dead tree or dead branch or limb of any tree is not
removed within the time fixed in any notice given
to the owner, occupant, agent or person in charge
of any such premises by the superintendent of
parks, as herein provided or otherwise, the nui-
sance so existing shall be abated as other nuisan-
ces are abated according to law, and upon a find-
ing by the municipal judge in a proper action
brought for such purpose that such nuisance ex-
ists, such nuisance shall, if not abated and re-
moved by the owner, occupant, agent or person in
charge of such premises within the time (not to
exceed five (5) days) to be fixed by the municipal
judge, be abated and removed by the superinten-
dent of parks and the cost thereof reported by him
to the city clerk, and assessed against the lot or
piece of land upon which the same exists, or abut-
ting the street or avenue upon which the same
exists; and certified by the city clerk to the county
clerk and collected as other taxes are collected.
(Code 1966, ~ 33-9)
2288
e
e
e
-
e
TREES AND SHRUBS
Sec. 39-10. Right of city to maintain trees not
affected.
Nothing in this article shall be deemed to im-
pair the right of the city to trim, protect or other-
wise care for trees upon all public streets, ave-
nues, boulevards, parks and other public grounds,
and the superintendent of parks is hereby author-
ized and directed, whenever it may be necessary,
to perform or to cause to be performed any such
work. (Code 1966, ~ 33-10)
Sees. 39-11-39-20. Reserved.
ARTICLE II. TRIMMERS AND
TREATERS.
DIVISION 1. GENERALLY
Sec. 39-21. Definitions.
The following terms are for the purpose of this
article defined as follows:
(1) Person means any individual, partnership,
association of persons or corporation who en-
gage in the business or trade of trimming
trees, shrubs, or treating trees or shrubs for
the control of pests.
(2) Pest means any fungus, insect or rodent which
by its presence in or on a tree or shrub, may
damage or destroy the tree or shrub. (Code
1966, ~ 33-21)
Cross reference-Definitions and rules of construction gen-
erally, S 1-2.
Sec. 39-22. Exemptions.
This article shall not apply to any person work-
ing at his own residence or established place of
business or to wage hands of the person working
thereon nor shall it apply to holders of street
franchises authorized to trim trees or shrubs there-
in. This article shall not apply to officials or em-
ployees of the federal, state, county, or city gov-
ernments engaged in the performance of their
official duties. (Code 1966, ~ 33-22)
Sees. 39-23-39-30. Reserved.
.Cross reference-Licenses generally, Ch. 20.
~ 39-34
DIVISION 2. LICENSE*
Sec. 39-31. Required.
No person shall engage in the business or trade
of trimming trees or shrubs or treating trees or
shrubs for the control of pests within the city
without first having obtained a license therefor
as provided in this division. (Code 1966, ~ 33-23)
Sec. 39-32. Application.
A written application for a license for the trim-
ming of trees or shrubs or treating of trees or
shrubs shall be filed with the city clerk. Such
application shall meet the following requirements:
(1) Name, business address, and phone number
of applicant;
(2) Description of the extent of work intended to
be licensed;
(3) Compliance with the laws of the state relat-
ing to pest control operators, where applicable;
(4) Filing of required bond and certificate of lia-
bility insurance;
(5) Payment of the required license fee. (Code
1966, ~ 33-24)
Sec. 39-33. Fee.
The city clerk shall collect the license fees under
this division as prescribed in section 2-2. (Code
1966, ~ 33-26)
Sec. 39-34. Bond and insurance.
Each person who makes application for a li-
cense or renewal thereof under this division shall
furnish an acceptable surety bond and certificate
of liability insurance covering the work in which
they are engaged and upon the terms and condi-
tions hereinafter set out. Such bond shall be exe-
cuted by the applicant as principal and by a sol-
vent corporation authorized to do business within
the state as surety in the sum of five thousand
dollars ($5,000.00). Such bond shall be for the
term of not to exceed one year and shall extend to
cover the licensing period; shall be to the city for
the use and benefit of such persons as may suffer
.Cross reference-Nuisances generally, Ch. 24.
2289
~ 39-34
SALINA CODE
by breach thereof; and shall be conditioned upon
compliance by the principal, his agents, servants
and employees with the provisions of this article.
Such certificate of insurance shall show that the
applicant is covered by an effective public liabil-
ity insurance policy issued by a solvent corpora-
tion authorized to do business within the state
and shall be issued with limits of not less than
the maximum liability for claims which could be
asserted against the city, for any number of claims
arising out of a single occurrence or accident under
the Kansas Tort Claims Act, as amended. Such
bond and insurance policy shall not be cancelled
or terminated until at least twenty (20) days after
a notice of cancellation of the bond or insurance
policy is received by the city clerk. (Code 1966, ~
33-27)
Sec. 39-35. Denial or revocation.
(a) The board of commissioners may at any time
revoke a license or decline to grant a license under
the following circumstances:
(1) The licensee doing business as a pest control
operator under the laws of the state has had
his state license revoked; provided, the license,
where applicable, shall be revoked only as to
the treating of trees and shrubs.
(2) The licensee shall fail to furnish an accept-
able surety bond or an acceptable written
certificate of public liability insurance within
twenty (20) days from the date notice is re-
ceived from the city, that the surety bond or
insurance policy previously furnished by the
licensee is to be cancelled or terminated.
(3) The licensee or any employee, solicitor, agent,
or representative of said licensee has made
any material misrepresentations for the pur-
pose of defrauding any member of the public.
(4) The licensee or any employee, solicitor, agent,
or representative of the licensee has used any
method or material which is not suitable for
the purpose for which it is employed or pro-
vided, or has used any method or material
without respect to public health, safety and
welfare in the treating of trees and shrubs.
(b) Revocation of a license shall be effected by
giving notice in writing posted not less than fif-
teen (15) days prior to the date set for revocation
of the license and mailing the notice to the li-
censee at his address as shown by the record of
the city. (Code 1966, ~ 33-28)
Sec. 39-36. Transferability.
A license granted hereunder shall not be trans-
ferable. When there is a change in the business
status of the licensee, the successor shall have
sixty (60) days within which to obtain a license as
provided by the terms and conditions of this divi-
sion; provided, that in the event of the death of an
individual, his heirs or representatives shall be
allowed sixty (60) days within which to obtain a
license and such additional times as may be granted
by the city for cause within its discretion. (Code
1966, ~ 33-30)
Sees. 39-37-39-50. Reserved.
ARTICLE III. DISEASED TREES
AND SHRUBS
Sec. 39-51. Notice requiring cutting or removal.
Whenever any competent city authority or com-
petent state or federal authority, when requested
by the board of commissioners, shall file with the
board of commissioners a statement in writing
based upon a laboratory test or other supporting
evidence that trees or tree materials or shrubs
located upon private property within the city are
infected or infested with or harbour any tree or
plant disease or insect pest or larvae, the uncon-
trolled presence of which may constitute a hazard
to or result in damage or destruction of other
trees or shrubs in the community, describing the
same and where located, the board of commis-
sioners shall direct the city clerk to forthwith
issue notice requiring the owner or agent of the
owner of the premises to treat or remove any such
designated tree, tree materials or shrub within a
time to be specified in such notice. In no event
shall the time specified in such notice be less
than three (3) days. Such notice shall be served by
a duly authorized member of the city police de-
partment by delivering a copy thereof to the owner
or agent of such property or if the same shall be
unoccupied and the owner a nonresident of the
2290
-
e
e
e
-
e
TREES AND SHRUBS
~ 39-53
city, then the city clerk shall notify the owner by
mailing a notice to his last known address, such
notice providing the said nonresident owner at
least ten (10) days in which to comply with the
terms of this article. (Code 1966, ~ 33-41)
Sec. 39-52. Failure to comply with notice.
If the owner or agent shall fail to comply with
the requirements of the notice required by section
39-51, within the time specified in the notice,
then the duly authorized officer of the city shall
proceed to have the designated tree, tree materi-
als or shrub treated or removed and report the
cost thereof to the city clerk and the cost of such
treatment or removal shall be paid by the owner
of the property or shall be assessed and charged
against the lot or parcel of ground on which the
tree, tree materials or shrub was located. The city
clerk is hereby authorized upon determination of
the amount to be assessed to any such lot or par-
cel of ground to furnish a written notice by United
States mail to the last known address of the owner
or agent of the amount of such assessment. The
city clerk shall at the time of certifying other city
taxes to the county clerk, certify the unpaid cost
to be so assessed and the county clerk shall ex-
tend the same on the tax roll of the county against
the said lot or parcel of ground. The cost of such
work shall be paid from the general fund or other
proper fund of the city and such funds shall be
reimbursed when payment thereof is received or
when such assessments are collected and received
by the city. (Code 1966, ~ 33-42)
Sec. 39-53. Powers of city in case of general
infection.
The board of commissioners, when it appears
that there is or is likely to be a general infection
or infestation of trees or shrubs within the city by
tree or plant disease or insect pest or larvae re-
sulting in damage to or the death of many trees
or shrubs, may provide such preventive measures
or treatments as may be necessary and may pay
the cost from the general fund or other proper
fund. (Code 1966, ~ 33-43)
[The next page is 2341]
2291
-
e
e
e
-
.
VEHICLES FOR HIRE*
Chapter 40
Art. I. In General, ~~ 40-1-40-15
Art. II. Freight Vehicles, ~~ 40-16-40-45
Div. 1. Generally, ** 40-16-40-25
Div. 2. License, ** 40-26-40-45
Art. III. Taxicabs, ~~ 40-46-40-117
Div. 1. Generally, ** 40-46-40-80
Div. 2. Business License, ** 40-81-40-105
Div. 3. Driver's License, ** 40-106-40-117
ARTICLE I. IN GENERAL
Sec. 40-1. Disposition of articles left in vehicles.
Whenever any package or article of baggage or
goods or merchandise of any kind shall be left by
the owner in or on any vehicle licensed under this
chapter, or when such package or article shall be
left in the custody of the driver of any such vehi-
cle, such driver shall, upon the discovery of such
package or article, forthwith deliver the same to
the police headquarters, unless such package or
article shall be sooner delivered to the owner thereof.
(Code 1966, ~ 34-1)
Sec. 40-2. Smoking, lighting matches, lighters
on buses.
It shall be unlawful for any person to ignite a
match, lighter or smoke a cigarette, a cigar, a
pipe or any other item or thing on any bus. A bus
for the purpose of this section is any motor vehi-
cle authorized under franchise granted by the city
which is propelled by motor power and which is
used to convey passengers for hire over or on the
streets of the city, and which has a capacity often
(10) or more persons. (Code 1966, ~ 34-5)
Cross references-Fire prevention and protection, Ch. 14;
health and sanitation, Ch. 17.
Sees. 40-3-40-15. Reserved.
ARTICLE II. FREIGHT VEHICLES
DIVISION 1. GENERALLY
Sec. 40-16. Exemption.
The provisions of this article shall not apply to
vehicles kept and used solely in the operation of a
retail business, or to merchants using their own
wagons or vehicles for the delivery of goods sold
by them in the ordinary course of their business
in the city. (Code 1966, ~ 34-20)
Sec. 40-17. Violations.
It shall be unlawful for any person to do any of
the things prohibited, or to fail to do any of the
things commanded to be done in this article; and
any person who shall drive, propel or run any of
the vehicles named in this article used for car-
riage of goods or merchandise for pay without
first procuring a license therefore, as in this arti-
cle provided, or who shall violate any of the pro-
visions of this article for which a penalty is not
otherwise prescribed, shall be deemed guilty of a
misdemeanor. (Code 1966, ~ 34-28)
Sees. 40-18-40-25. Reserved.
.Cross references-Streets, sidewalks and other public places, Ch. 35; traffic and motor vehicles, Ch. 38.
2341
~ 40-26
SALINA CODE
DIVISION 2. LICENSE*
Sec. 40-26. Required.
It shall be unlawful for any person to run, use
or drive upon the public streets and thorough-
fares of the city any coach, automobile, transfer
wagon, express wagon, dray or wagon or vehicle
of any kind or description used for carrying, con-
veying or transporting of baggage, goods, wares
or merchandise within the city for pay, without
first having and procuring a license therefor, as
in this division provided. (Code 1966, ~ 34-19)
Sec. 40-27. Fee.
The license fee for any vehicle used in the city
in the business of transporting for hire therein
any goods, wares, merchandise, baggage, parcels,
furniture or other thing or property of any kind
or nature whatsoever shall be as prescribed in
section 2-2. (Code 1966, ~ 34-22)
Sec. 40-28. Issuance, contents of license.
The license provided for in this division shall
be issued by the city clerk with the corporate seal
of the city affixed thereto, and shall recite the
number of the license, the name of the person to
whom issued, the amount paid for such license
and a description of the vehicle licensed. (Code
1966, ~ 34-21)
Sec. 40-29. Display.
(a) The license shall be displayed in the cab of
the vehicle for which such license fee was paid.
(b) It shall be unlawful for any person to dis-
play in any vehicle any license issued by the city
clerk upon the payment of the license fee for any
other vehicle.
(c) If any license issued for one vehicle for hire
is used upon any other vehicle, the license cover-
ing the vehicle for which such license was issued
shall be revoked and no license shall thereafter
during the same year be issued for such vehicle,
and it shall be unlawful to drive or operate any
such vehicle on the streets of the city for hire
*Cross reference-Licenses generally, Ch. 20.
after any such license is revoked and before a
new license is issued therefor. (Code 1966, ~ ~
34-2-34-4)
Sec. 40-30. Revocation.
All licenses required by this division may be
revoked by the board of commissioners upon the
conviction of the licensee of having violated any
of the provisions of this article. (Code 1966, ~
34-27)
Sees. 40-31-40-45. Reserved.
ARTICLE III. TAXICABS
DIVISION 1. GENERALLY
Sec. 40-46. Definitions.
Whenever used in this article, the following
terms shall be respectively defined as follows:
(1) Street shall mean and include every public
street, alley, avenue, road, highway, thorough-
fare or public place in the city.
(2) Taxicab shall include any and all motor ve-
hicles carrying passengers for hire for which
a charge is made and for which public pa-
tronage is solicited; provided, that motor buses
operating under a franchise from the city or
operating under authority and jurisdiction of
the state corporation commission shall not be
termed taxicabs within the meaning hereof.
(3) Taximeter shall mean and include a mechan-
ical device affixed to taxicabs and designed to
measure the distance driven and calculate
the charge therefor, which is so installed that
the figures or fares as stamped by the ma-
chine may be given to the passenger as a
receipt. Such term shall be deemed to include
a mechanism for the accurate measurement
of time and distance and the timing device
shall correctly tabulate and calculate the charge
for waiting time. (Code 1966, ~ 34-39)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
2342
e
e
e
-
e
VEHICLES FOR HIRE
Sec. 4047. Scope of tenns "owner," "operator."
Wherever in this article the owner or operator
of a taxicab is referred to, such term or terms
shall apply to the agent, officer, manager or mem-
bers of any corporation, firm, partnership or asso-
ciation owning or operating any such taxicab and
any such agent, officer, manager or member of
any such corporation, firm, partnership or associ-
ation shall be subject to any and all of the penal-
ties provided for the violation of any of the terms
hereof by any such owner or operator. (Code 1966,
~ 34-40)
Sec. 40-48. Exemption for vehicles used at
funerals, weddings.
The provisions of this article shall not include
any passenger vehicle for hire while being used
for service at funerals or weddings. (Code 1966, ~
34-41)
Sec. 40-49. Driving unlicensed, improperly li-
censed vehicle.
It shall be unlawful for any person to use, drive
or operate either as owner, operator or driver,
any taxicab within the city which shall not have
been duly licensed, or which is not being operated
by the owner and/or operator to whom the license
for such vehicle was issued or on which any li-
cense has been cancelled or revoked, or which has
ceased to be operated by the owner or operator
named in the license or in the duly approved
transfer thereof. (Code 1966, ~ 34-50)
Sec. 40-50. Operating unfit vehicle.
It shall be unlawful for any person either as
owner, operator or driver to drive, operate or use
on the streets of the city any taxicab which is not
in good sound, safe and fit condition mechanically
and otherwise, including brakes, lights and other
equipment, or which is in any manner defective,
unsafe or unfit for use. (Code 1966, ~ 34-60)
Sec. 40-51. Requirements for vehicles.
No taxicab shall be licensed unless it shall meet
the following specifications and requirements:
(1) Frames for cards; manner of posting. Every
taxicab shall be equipped with a frame for
~ 40-52
the proper display of the owner's fare rate
card and the owner's and driver's identifica-
tion cards, as required by this article and the
laws of the state. Such cards shall be so placed
that they can be plainly seen by the passen-
gers riding in such taxicab. The fare rate
card shall state clearly the rates offare to be
charged. If the fare to be charged is upon a
mileage basis, it shall so state and shall give
the schedule of rates; if the fare to be charged
is based upon the carrying of passengers within
certain locations bounded by streets, it shall
so state, and shall state the rate to be charged
for the carrying of passengers through each
district. The type used for the printing of the
names and the rates of fare shall be of suffi-
cient size and shall be so illuminated at night
that it can be clearly read at a distance of
three (3) feet.
(2) Knobs or handles of doors. Every taxicab shall
have a knob or handle upon the inside of all
doors thereof by which doors may be easily
opened from the inside.
(3) Name and number on outside of cab. Every
taxicab that is authorized and licensed to op-
erate in the city shall be assigned a number
by the city clerk and it shall be unlawful to
operate a taxicab within the city unless said
number is printed on a door on each side, on
the windshield and on the rear of the taxicab,
in plainly visible numerals at least three (3)
inches in height. Each taxicab shall have painted
thereon on each side the name or names of
the persons or company owning and operat-
ing the same; the letters constituting such
names shall be block letters and at least two
(2) inches in height. (Code 1966, ~ 34-62)
Sec. 40-52. Appointment of manager required;
name to be filed.
Two (2) or more owners or operators of taxicabs
associated together in any partnership, associa-
tion or joint enterprise or doing business under a
joint or common name or from the same office or
headquarters and every corporation owning and/or
operating taxicabs within the city shall elect or
appoint some one individual as manager of such
partnership, association, joint enterprise or cor-
2343
~ 40-52
SALINA CODE
poration who shall be responsible for the opera-
tion of all taxicabs and automobiles for hire .of
such partnership, association, joint enterprise or
corporation in the city. The name of such man-
ager shall be immediately reported to the city
clerk and to the chief of police. No such partner-
ship, association, joint enterprise or corporation
shall hereafter operate or be licensed to operate
any taxicab or automobile for hire upon the streets
of the city without first having placed on file with
the city clerk and the chief of police the name of
such manager. (Code 1966, ~ 34-63)
Sec. 40-53. Arrangements considered single
firm or owner.
Two (2) or more owners or operators of taxicabs
associated together in any partnership or joint
enterprise or doing business under a joint or com-
mon name or from the same offices or headquar-
ters shall for the purposes of this article be deemed
and considered to be a single firm or owner. (Code
1966, ~ 34-64)
Sec. 40-54. Cruising, soliciting passengers
prohibited.
No owner, operator or driver of any taxicab
shall solicit passengers on or adjacent to the streets
of the city or cruise on or over the street of the
city for the purpose of looking for or soliciting
passengers or pick up any passenger on or adja-
cent to the streets of the city except in response to
a call from such passenger to the place of busi-
ness or the station of such taxicab, unless such
passenger shall hail such taxicab and specifically
request its services without solicitation from the
driver thereof. (Code 1966, ~ 34-65)
Sec. 40-55. Telephones prohibited on streets.
No owner, operator or driver of any taxicab
shall maintain at any place within the limits of
any public street in the city any telephone for the
purpose of placing or receiving taxicab calls. (Code
1966, ~ 34-66)
Sec. 40-56. Taximeter required.
No license shall be issued for a taxicab unless
the same is equipped with an accurate and work-
ing taximeter mechanism so as to measure dis-
tance of transportation and clock mechanism to
measure passage of time. (Code 1966, ~ 34-67)
Sec. 40-57. Rates to be filed with city clerk
and posted in cabs.
The rates of fare of taxicabs operating under
license from the city must be kept on file with the
city clerk at all times and must be posted in a
conspicuous place within each cab. No change of
fares shall become effective until such schedule of
fares has been on file with the city clerk for a
period of fifteen (15) days. (Code 1966, ~ 34-68)
Sec. 40-58. Intermediate pickup of passengers.
No intermediate pickups shall be made without
the consent of the passengers then in the taxicab.
In the event of intermediate pickups the first passen-
ger in shall be the first delivered and shall pay
the accumulated fare on deliver, thereupon the
taximeter shall be started at the minimum fare
and the next delivered passenger or passengers
shall pay the then accumulated fare and so on
until all deliveries are affected. (Code 1966, ~
34-69)
Sec. 40-59. Violation of fares.
Any charge made to a passenger at a rate other
than that fixed in this article shall be deemed a
separate violation. (Code 1966, ~ 34-70)
Sec. 40-60. Requirements for taximeters.
Whenever any taxicab shall have affixed thereto
a taximeter, such taximeter shall be of a size and
design approved by the city clerk; shall be set to
conform to the rates provided for in this article
and as posted and filed by the owner of such cab;
and shall be in proper mechanical condition and
in operation at all times, and shall at the conclu-
sion of each trip discharge a printed slip showing
the distance traveled and the fare, which shall be
given to the passenger paying such fare. (Code
1966, ~ 34-71)
2344
e
e
e
e
e
VEHICLES FOR HIRE
Sec. 40-61. Using incorrect, unapproved
taximeter; connection to drive
wheel prohibited.
No person shall use or permit to be used upon
any taxicab a taximeter or other registering meter
which shall be in such condition as to be over five
(5) percent incorrect to the prejudice of any pas-
senger or which shall be operated from any wheel
to which the power is applied, or which has not
been duly inspected and approved. (Code 1966, ~
34-72)
Sec. 40-62. Taximeters, speedometers to be
lighted.
After sundown, the face of every taximeter or
other registering meter shall be illuminated by a
suitable light so arranged as to throw continuous
steady light thereon. (Code 1966, ~ 34-73)
Sec. 40-63. Maintenance of meters.
It shall be unlawful for any person to use or
permit to be used or driven for hire a taxicab
equipped with a taximeter, the case of which is
unsettled and not having its covers and gears
intact, or a taxicab without a taximeter whose
registering meter has not been examined and ap-
proved and which is not at all times in good work-
ing condition, or any taxicab, the use of which
has not been duly licensed. (Code 1966, ~ 34-74)
Sec. 40-64. Taximeter signals.
It shall be unlawful for any driver of a taxicab
equipped with a taximeter while carrying passen-
gers or under employment to display the signal
affixed to such taximeter is such position as to
denote that he is unemployed. While carrying
passengers the signal must be in such position
that the taximeter will record the distance trav-
eled and the fare. (Code 1966, ~ 34-75)
Sec. 40-65. Charging for certain time prohibited.
No charge shall be made for the time consumed
in response to a call or in returning to the place
from which a taxicab has been called, whether
the taxicab is equipped with a meter or not. (Code
1966, ~ 34-76)
~ 40-68
Sec. 40-66. Inspection, testing of meters.
It shall be the duty of the person designated by
the city manager to examine, inspect and seal, at
least every six (6) months, all taximeters or other
registering meters used on any taxicabs in the
city; provided, that in the event complaint is made
to the inspector that any taximeter registers improp-
erly or inaccurately or at any time that he deems
it necessary, it shall be the duty of the inspector
to immediately examine said taximeter or other
registering meter, and in case it does not properly
and accurately measure the distance traveled and
register the amount of fare, in the case of a taxi-
meter, to be determined and charged therefor,
then in that event, it shall be unlawful for the
owner or person in charge of such taxicab to per-
mit its use until such taxicab is equipped with a
taximeter or other registering meter approved by
the inspector. For every meter inspection made
by the inspector, as provided for in this article,
there shall be paid to the inspector a fee of fifty
cents ($0.50) by the owner or operator of such
taxicab; provided, however, that in case the in-
spection is made upon complaint as herein pro-
vided and such taximeter or other registering meter
is found to be correct, the inspection fee shall be
paid by the person making the complaint and not
by the owner or operator of such taxicab. (Code
1966, ~ 34-77)
Sec. 40-67. Refusing to pay fare.
It shall be unlawful for any person to refuse to
pay the legal fare for a taxicab, as prescribed in
this article, after having hire the same, and any
person who shall hire any taxicab with the inten-
tion of defrauding the person from whom the same
is hired shall be guilty of a misdemeanor. (Code
1966, ~ 34-78)
Sec. 40-68. Number of passengers.
It shall be unlawful for the owner, operator or
driver of any taxicab to carry or to cause, permit
or direct to be carried more passengers in any cab
at anyone time than the regular seating capacity
provided for, and in no event more than five (5).
Not more than one passenger shall be carried in
the front seat of such cab. (Code 1966, ~ 34-79)
2345
~ 40-69
SALINA CODE
Sec. 40-69. Using, permitting use for immoral
purposes.
It shall be unlawful for any person owning,
operating, driving or maintaining any taxicab,
automobile, or other vehicle or conveyance, to use
or permit the same to be used for the transporta-
tion, carrying or conveying, within the city, of
any persons to any place for the purpose of engag-
ing in illicit or unlawful sexual intercourse, whether
such sexual intercourse actually takes place within
or without the limits of the city, or permits or
allows any persons to engage in illicit or unlaw-
ful sexual intercourse in or on such taxicab, au-
tomobile or other vehicle or conveyance, or any
part thereof. (Code 1966, ~ 34-80)
Sec. 40-70. Using to transport liquor, for other
illegal purpose.
It shall be unlawful for any person to drive,
operate or use any taxicab for transporting liquor
from any place within the city to any place within
or without the city or from any place without the
city to any place therein, or for any other unlaw-
ful purpose. (Code 1966, ~ 34-81)
Cross reference-Alcoholic beverages generally, Ch. 5.
Sec. 40-71. Pool cab service.
(a) Who may operate. Any person who has been
duly authorized and licensed to operate a taxicab
under the provisions of this article is hereby au-
thorized to operate and provide pool cab service
within the city.
(b) Pool cab service defined. For the purpose of
this section, pool cab service is defined as a con-
veyance for hire of three (3) or more persons who
are picked up from one area of the city and are
delivered to another area within the city.
(c) Rate of fare. The rate of fare for pool cab
service shall be as provided in section 40-57.
(d) Availability ofservice. Pool cab service shall
be available in all areas within the city limits,
except the Salina Municipal Airport, Salina Air-
port Industrial Center and Schilling Manor.
(e) Provisions applicable to service. All provi-
sions of this article relating to license require-
ments for vehicles, inspection of vehicles, licens-
ing of drivers, insurance requirements and suspension
of licenses shall be applicable to persons operat-
ing pool cab service. (Code 1966, ~ 34-82)
Sees. 40-72-40-80. Reserved.
DIVISION 2. BUSINESS LICENSE*
Sec. 40-81. Required.
It shall be unlawful for any person, either act-
ing as owner, principal, agent, employee, lessee
or licensee to operate or permit to be operated
upon the streets of the city any taxicab without
first having procured a license therefor as pro-
vided in this division. (Code 1966, ~ 34-43)
Sec. 40-82. Application.
Any person desiring to secure a license for the
operation of a taxicab within the city shall file
with the city clerk a written application contain-
ing the following information:
(1) The full name and address of the owner and
operator;
(2) Make, motor and type of vehicle;
(3) Seating capacity (including driver);
(4) Motor and serial number and state license
number of the vehicle;
(5) Principal place of business, office address and
name, and night and day telephone numbers,
of the manager in charge of operation of such
taxicab, and if the owner or operator is a
corporation, the name of officers and direc-
tors of such corporation, and if a partnership,
the name of all partners;
(6) Name of insurance carrier carrying the lia-
bility insurance on such taxicabs as required
in this article and the number and date of
issuance and date of expiration of such poli-
cy, and such other information, statements
and agreements as may be required on a printed
form furnished by the city clerk for such pur-
pose; and
(7) The character and type of taximeter. (Code
1966, ~ 34-44)
*Cross reference-Licenses generally, Ch. 20.
2346
e
e
e
-
e
VEHICLES FOR HIRE
Sec. 40-83. Residence required of licensee.
No person shall be eligible for a license under
this division until he has resided in the city for
four (4) months. (Code 1966, ~ 34-45)
Sec. 40-84. Title certificate required.
The application for a license under this division
shall be accompanied by the title certificate is-
sued by the state showing ownership of such ve-
hicle, which certificate shall be left with the city
clerk while any license issued on such application
is in effect. (Code 1966, ~ 34-46)
Sec. 40-85. Vehicle covered by license.
Any license for the operation of a taxicab shall
apply to and cover only the specific vehicle de-
scribed in the application therefor until on applica-
tion duly made by the same owner and operator
the right to transfer such license to another vehi-
cle is granted by the board of commissioners. (Code
1966, ~ 34-47)
Sec. 40-86. Signing of application, identifica-
tion of interested parties.
Every application for a license under this divi-
sion shall be signed by the owner of the vehicle
described in the application and by any other
person in any manner interested in the direction,
operation or control thereof and under whose name
it is to be operated, and such additional persons
shall be described in such application and in any
license issued pursuant thereto as the operator.
(Code 1966, S 34-48)
Sec. 40-87. Approval of application.
The applicant for any license under this divi-
sion shall at the time the application is filed with
the city clerk, pay to the city clerk the fee for
such license as provided for by this division and
the city clerk shall thereupon after inspection
and approval of such vehicle present such appli-
cation to the board of commissioners at the next
regular meeting of such board. The board of com-
missioners shall if they consider that the public
convenience and necessity require the licensing
of such taxicab, in addition to any other taxicabs
which may at that time be operating under li-
~ 40-88
censes issued by the city, and if they deem the
applicant therefor to be of good moral character
and that such applicant or any person employed
by him will operate the taxicab for which a li-
cense is desired properly and for the best interest
of the public and that they will conform to and
obey the ordinances of the city relative to the
operation of taxicabs and all other ordinances of
the city, grant a license to such applicant cover-
ing the taxicab described in his application and
direct the city clerk to issue such license; provid-
ed, that the board of commissioners shall not ap-
prove or have in effect at anyone time licenses
for taxicabs in a number in excess of the number
which the board of commissioners may deem nec-
essary for the best interests and convenience of
the inhabitants of the city or the general public,
or in such number that the owners and operators
of the licensed taxicabs and their employees might,
in the opinion of the board of commissioners, be
apt to engage in practices which would be detri-
mental to the best interest of the city and its
inhabitants and the general public, and shall re-
ject and deny any application in the event that
they consider that the granting of such license
would increase the number of taxicabs licensed to
operate in the city beyond the number necessary
for the best interests and convenience of the in-
habitants of the city and the general public, or if
for any other reason they deem that the granting
of such license would be detrimental to the public
interest. (Code 1966, S 34-51)
Sec. 40-88. Insurance required.
It shall be unlawful for any person to operate a
taxicab for hire or to permit the same to be oper-
ated in the city and no license for the operation
thereof shall be granted by the board of commis-
sioners until the applicant for a license shall de-
posit with the city clerk a policy of public liability
insurance issued to and covering such applicant
and the taxicab described in his application, in
such form as shall be acceptable to and approved
by the board of commissioners, and issued by an
insurance company or association approved by
the board, with limits of not less than the maxi-
mum liability for claims which could be asserted
against the city, for any number of claims arising
out of a single occurrence or accident under the
2347
~ 40-88
SALINA CODE
Kansas Tort Claims Act, as amended. Any such
insurance policy shall have incorporated therein,
or attached thereto by endorsement thereon, re-
citals to the effect that the policy is issued in
accordance with and under the requirements of
this article pertaining thereto and that it is is-
sued for the benefit of and for the purpose of
protecting the public, including passengers there-
in, against injuries or damages resulting from the
negligent operation of the taxicab and that it shall
remain effective until cancelled as herein provided
for, irrespective of any statements, declarations,
misrepresentatives, acts or omissions of the as-
sured or of any agent, servant, employee or rep-
resentative of assured either in the application
for the policy or in the schedule of statements or
declarations contained or referred to in the poli-
cy, including statements as to ownership, or made,
committed or omitted before or after the occur-
rence of any injury or damages caused by the
operation of such vehicle, and shall provide that
no cancellation of the policy or any endorsement
thereon shall be effective until the expiration of
ten (10) days after notice of such cancellation shall
have been delivered to the city clerk, and such
other recitals as may be approved by and required
by the board of commissioners, and any policy or
certificate of insurance issued by any company or
association with knowledge that the vehicle de-
scribed therein is to be used as a taxicab in the
city shall be deemed to include the provisions of
this article whether such provisions are specific-
ally recited therein or not. (Code 1966, ~ 34-52)
Sec. 4().89. Inspection of vehicles; maintenance;
revocation, suspension of license
of unfit vehicles.
When an application for a taxicab license or for
the transfer of a license from one vehicle to an-
other is filed with the city clerk, he shall refer the
same to the city manager, who shall designate
some responsible person to examine such vehicle
as to its physical and mechanical condition, in-
cluding its brakes, lights and other equipment
and its registering meter, if any, and to certify to
the board of commissioners his approval or rejec-
tion of such taxicabs, and no application for a
license shall be approved by the board of commis-
sioners and no license shall be issued by the city
clerk until the condition of such vehicle has been
approved and certified by the city manager. The
decision of the city manager with reference to
such condition shall be final and conclusive, ex-
cept that the board of commissioners may, if they
deem it proper and necessary, direct the issuing
of a license for any taxicab which may be rejected
by the city manager and the board may also at
any time inquire with reference to the condition
of any taxicabs and may at any time revoke the
license of such taxicab if, in the opinion of such
board, its physical and mechanical condition rend-
ers it unfit for use as a taxicab. In addition to the
inspection required for the issuing of a license, it
shall be the duty of the operator of every licensed
taxicab to have each taxicab examined by the
party designated by the city manager at least
once each six (6) months from the date of the
original inspection, oftener if necessary, as to its
physical and mechanical condition and the city
manager is hereby empowered to suspend the li-
cense of such taxicab until the owner or operator
of such taxicab shall have repaired the same or
restored such taxicab to such physical and me-
chanical condition as shall meet the approval of
the city manager and it shall be the duty of the
city manager upon the suspension of any such
taxicab license by him, to report such suspension
of the license to the city clerk and to the chief of
police and no owner, operator or driver of any
taxicab, the license for which has been so sus-
pended by the city manager, shall allow or permit
such taxicab to be used until the same shall be
reinspected and approved by the city manager.
(Code 1966, ~ 34-53)
Sec. 40-90. Inspection fee.
Before the issuance of any taxicab license, the
applicant for a license shall pay the actual cost
incurred by the city in securing such inspection if
done by a private concern of the sum as prescribed
in section 2-2 if such examination is performed by
an employee of the city, which shall be paid by
him into the city treasury and no license shall be
issued or transferred from one vehicle to another
until such inspection fee is paid, or if inspection is
required for a vehicle already licensed, such li-
cense shall be revoked upon the failure of the
licensee to pay such fee. (Code 1966, ~ 34-54)
2348
e
e
e
-
e
VEHICLES FOR HIRE
Sec. 40-91. Issuance.
After the application for any taxicab license
has been filed with the city clerk and the condi-
tion of the vehicle described therein inspected
and approved and the insurance covering such
vehicle approved by the board of commissioners
and after the license fee provided for herein has
been paid to the city clerk and the application for
license approved by the board of commissioners,
the city clerk shall issue a license for the owner-
ship of such taxicab which shall contain the name
of the licensee including both owner and operator
and a description of the vehicle licensed and be-
fore any such license is delivered to the licensee it
shall be endorsed thereon in the presence of the
city clerk with the signature of the owner and
operator named in such license. (Code 1966, ~
34-55)
Sec. 40-92. License register required.
The clerk shall keep a register of all licenses
issued by him under this division showing the
name of the owner and operator to whom the
license is issued, the description of the vehicle
including motor and serial number, the name of
any person to whom any assignment and transfer
of any license or of any licensed vehicle is made,
the date when issued or transferred, the amount
paid for such license, the date of its expiration,
the name of the insurance carrier with the num-
ber and date of expiration. (Code 1966, * 34-56)
Sec. 40-93. Vehicle, driver's license to be
posted; inspection; signature
required for identification.
The license issued by the city clerk for the op-
eration of any taxicab and also the driver's li-
cense issued by the city to the driver thereof, or
identification cards issued by the city clerk, shall
at all times, while the taxicab is being used or
maintained or offered for use for hire to the pub-
lic, be kept in a conspicuous place in the taxicab
itself, and shall be subject to inspection at any
time by any officer of the city. The owner and
driver thereof shall also upon demand furnish to
the officer inspecting the taxicab his signature
made in the presence of such officer for the pur-
pose of identification. (Code 1966, * 34-61)
~ 40-105
Sec. 40-94. Transfer.
No license issued for the operation of any taxi-
cab shall be assigned or transferred to any other
person as owner or operator except upon applica-
tion for such transfer made to and granted by the
board of commissioners. (Code 1966, * 34-49)
Sec. 40-95. Fee.
A license issued under this division shall be as
prescribed in section 2-2. (Code 1966, ~ 34-57)
Sec. 40-96. Revocation.
(a) Licenses issued under this division may be
revoked by the board of commissioners upon the
conviction of the licensee of having violated any
of the provisions of this article and the board may
also revoke such license for any cause which the
board deems constitutes reasonable grounds for
such revocation and also for such causes as are
otherwise in this article provided for.
(b) If the operator of a taxicab violates any pro-
visions of this article, the license for the opera-
tion of the same shall be suspended by the chief of
police for a period of ten (10) days. If the owner
desires to appeal, he may appeal within such time
to the board of commissioners by filing a notice of
intent to do so with the chief of police and by
filing a copy thereof with the city clerk, and there-
upon the appeal shall be heard at the next suc-
ceeding meeting of the board of commissioners.
At such hearing the board of commissioners may
reinstate any such license or may permanently
revoke the same. If no appeal is effected from the
suspension herein provided for by the chief of
police, thereupon the suspension shall be deemed
to be a revocation for the remainder of the license
term. In the event of revocation resulting from a
suspension as aforesaid or revocation by the board
of commissioners, thereupon the taxicab shall not
be relicensed at any time within a period of two
(2) years from the effective date of the revocation.
(Code 1966, ** 34-58, 34-59)
Sees. 40-97-40-105. Reserved.
2349
~ 40-106
SALINA CODE
DIVISION 2. DRIVER'S LICENSE*
Sec. 40-106. Required.
It shall be unlawful for any person to act as a
driver of a taxicab without having first secured a
license to be issued by the city clerk as provided
in this division. (Code 1966, ~ 34-87)
Sec. 40-107. Application.
Taxicab drivers' licenses shall be applied for in
writing on such forms as the city clerk may pre-
scribe, and such application shall include:
(1) The name, age, sex, weight, height, color of
eyes and hair of applicant, his residence
address and length of residence in the city;
(2) Whether or not the applicant has previously
been licensed as a chauffeur or taxicab driv-
er, and if so, when and by what city or
state, and whether such license has been
revoked or suspended, and if so, the date of
such revocation and suspension;
(3) The number of times and places arrested,
and/or convicted for traffic violations;
(4) The experience the applicant has had in
driving motor vehicles;
(5) The name of the person by whom the ap-
plicant is employed and the name and ad-
dress of the employer during the preceding
two (2) years and the kind of employment;
(6) Whether or not the applicant has even been
convicted of a felony or misdemeanor, giv-
ing particulars of each such conviction;
(7) Each applicant shall furnish four (4) recent
photographs of himself, not less than two
and one-half (2V2) inches by three (3) inches
and not more than two and one-half (2%)
inches by three and one-fourth (31,4) inches
and submit to fingerprinting by the police
department. One of such photographs shall
be attached to the copy of the application
filed in the police department, one shall be
attached to the application filed with the
city clerk, one shall be attached to the li-
.Cross reference-Licenses generally, Ch. 20.
cense issued to such driver and one to the
identification card hereinafter provided for,
which shall be conspicuously displayed in
any taxicab being driven by such person;
(8) A statement that the applicant is in good
health;
(9) The applicant must name three (3) reputa-
ble persons who have known him for one
year or more immediately prior to such ap-
plication. Such persons given as reference
must be residents of the city. Such applica-
tion shall be made in duplicate and both
copies shall be referred by the city clerk to
the chief of police. The chief of police shall
endorse his report and recommendation on
both copies, one of which shall be returned
by him to the city clerk and one retained in
the files of the police department, together
with the fingerprints of the applicant. (Code
1966, ~ 34-88)
Sec. 40-108. Fee.
Each application for a license under this divi-
sion shall be accompanied by the payment of an
examination and license fee as prescribed in sec-
tion 2-2, and in the event the applicant is refused
a license such fee shall be returned to the appli-
cant by the city. (Code 1966, ~ 34-89)
Sec. 40-109. Age, residence of applicant.
Every applicant for a taxicab driver's license
must have resided within the state for a period of
one (1) year and have been a bona fide resident of
the county for at least ninety (90) days next preced-
ing the filing of such application. (Code 1966, ~
34-90)
Sec. 40-110. Investigation, report on criminal
record of applicant.
Before a taxicab driver's license is issued the
chief of police shall cause an investigation to be
made of the facts set forth in the application and
of the record of such applicant in the municipal
court and the district court of the county, and any
other courts in which he may have reason to be-
lieve the applicant has a record, and shall report
to the city manager all information secured from
2350
e
e
e
-
e
VEHICLES FOR HIRE
such investigation relative to the applicant's rec-
ord in any court. (Code 1966, ~ 34-91)
Sec. 40-111. licensing of person with crimi-
nal record.
The city manager shall not approve the issu-
ance of a license to any person who has been
convicted of the violation of any of the criminal
laws of the state or has been convicted of a felony
in any other state or has been convicted of violat-
ing any of the ordinances of the city involving
moral turpitude; provided, that the chief of police
may in any case where more than three (3) years
has elapsed since any such person has been con-
victed of any offense herein described, and where
he believes the general reputation and integrity
and responsibility of the applicant during such
times is such that such applicant would at the
time of the application be a fit person for such
occupation, recommend to the city manager that
a license be granted. (Code 1966, ~ 34-92)
Sec. 40-112. Examination, report on traffic
law knowledge, city geography,
ability to drive.
The chief of police shall also cause the appli-
cant for a driver's license to be examined as to his
knowledge of the provisions of this Code and the
ordinances of the city relating to traffic, as well
as geography of the city, and if the applicant fails
to show a reasonable knowledge of such matters,
he shall be refused a license. Each applicant must,
if required by the police department, demonstrate
his skill and ability to safely handle an automo-
bile by driving it through a crowded section of the
city, accompanied by a member of the police de-
partment. If the applicant is found to be a fit and
proper person to operate and drive a taxicab by
the chief of police, he may recommend to the city
manager that a license be granted. (Code 1966, ~
34-93)
Sec. 40-113. Approval of application; issuance.
The city manager shall consider the applica-
tion for a taxicab driver's license and the report
and recommendation of the chief of police and
any other information which may come to him
concerning the applicant, and if the city manager
~ 40-115
is satisfied that the general reputation for integ-
rity and responsibility of the applicant is such as
to render such applicant fit for such occupation
he may approve the application and direct the
city clerk to issue the applicant a license. (Code
1966, ~ 34-94)
Sec. 40-114. Identification badge required.
(a) At the time the driver's license is issued, a
driver's license identification badge shall also be
issued. Such badge shall be of a form prescribed
by the city clerk. The driver's license number,
badge number and the expiration date of the li-
cense shall also be shown thereon.
(b) The driver's license identification badge shall
be conspicuously displayed, and the only driver's
license identification badge displayed shall be the
one belonging to the driver who is on duty at that
time. No driver shall operate a taxicab and livery
car unless he shall have his identification badge
displayed. The driver shall be responsible for keep-
ing the badge in good condition.
(c) In case of loss of a license identification badge
the owner may file with the city clerk a sworn
statement of the facts concerning such loss, and if
the city clerk is satisfied that the facts justify the
issuance of a replacement badge, he shall on the
payment of a fee of fifty cents ($0.50) issue a
duplicate badge. Such duplicate badge shall be
plainly marked "duplicate" and the number of
the original badge shall be furnished to the police
department, as well as the number of the dupli-
cate badge. (Code 1966, ~~ 34-98, 34-99, 34-101)
Sec. 40-115. Renewal.
Prior to the expiration of any license under this
division, the driver may file an application for
renewal and may obtain a new license upon the
payment of a fee as prescribed in section 2-2 if
such renewal application is filed on or before De-
cember twentieth of the year in which the exist-
ing license expires, and in such event, no new
license application shall be required; provided,
that before any renewal is issued, the applicant
must secure approval of the chief of police in the
same manner and upon the same requirements as
provided for in sections 40-109-40-112, and new
2351
@ 40-115
SALINA CODE
photographs shall be furnished, if, in the opinion
of the chief of police, they are necessary for proper
identification. (Code 1966, ~ 34-96)
Sec. 40-116. Revocation or suspension.
(a) A taxicab driver's license shall be revoked
by the chief of police for any of the following
reasons:
(1) Upon conviction of violation of any federal
or state law;
(2) For operating any vehicle while intoxicated;
(3) For leaving the scene of an accident;
(4) For failure to make full report of an acci-
dent to the police department;
(5) For permitting any other person to use his
license;
(6) For obliterating any official entry on his
license identification badge;
(7) Upon conviction of a third major traffic vi-
olation during anyone license year. A major
traffic violation is hereby defined to be:
a. Speeding;
b. Reckless driving;
c. Nonobservance of lights or signs;
d. Driving while drunk;
e. Improper brakes;
f. Making a left or U-turn where not
permitted;
g. Driving on the wrong side of the street.
(8) For violation of or failure to comply with
any of the provisions of this article and the
amendments and supplements thereto.
(b) A taxicab driver's license may be suspended
by the chief of police for a period of not exceeding
ninety (90) days for any of the following reasons:
(1) First and second offenses of any major traffic
violation;
(2) Repeated infractions of minor traffic laws or
rules.
(c) If the operator of any taxicab violates any
provisions of this article, the taxicab driver's li-
cense shall be suspended by the chief of police for
a period of ten (10) days. If the driver desires to
appeal, he may appeal with such time to the board
of commissioners by filing a notice of intent to do
so with the chief of police and by filing a copy
thereof with the city clerk, and thereupon the
appeal shall be heard at the next succeeding meet-
ing of the board of commissioners. At such hear-
ing the board of commissioners may reinstate any
such license or licenses or may permanently re-
voke the same. In the event no appeal is effected
from the suspension herein provided for by the
chief of police, thereupon the suspension shall be
deemed to be a revocation for the remainder of
the license term. In the event of revocation re-
sulting from a suspension as aforesaid or revoca-
tion by the board of commissioners, thereupon
the person, whose driver's license is revoked in
any of the manners aforesaid or the taxicab, shall
not be relicensed at any time within a period of
two (2) years from the effective date of the revoca-
tion (Code 1966, ~~ 34-59, 34-102, 34-103)
Sec. 40-117. License to be taken up; report
of revocation, suspension.
Whenever a taxicab driver's license is revoked
or suspended, the chief of police shall take up the
driver's license and license identification badge
and forward the same to the city clerk's office,
together with a full report of the reasons for such
revocation or suspension. (Code 1966, ~ 34-104)
[The next page is 2403]
2352
e
e
e
-
e
WATER AND SEWERS*
Chapter 41
Art.
Art.
I. In General, U 41-1-41-19
II. Water, U 41-20-41-70
Div. 1. Generally, ~~ 41-20-41-50
Div. 2. Water Conservation, ~~ 41-51-41-70
III. Sewers, U 41-71-41-85
IV. Rates and Charges, U 41-86-41-98
Art.
Art.
ARTICLE I. IN GENERAL
Sec. 41-1. Systems combined.
It is hereby declared, found and determined to
be necessary for the public health, safety, welfare
and benefit of the city, and its inhabitants that
the waterworks system and the sewage disposal
system of the city as defined and referred to in
KS.A. 12-856 to 12-868, including all improve-
ments and extensions thereto, be combined, and
it is hereby declared that thenceforth from and
after August first, 1961, the waterworks system
and the sewage disposal system of the city, as
defined and referred to in KS.A. 12-856 to 12-868,
including all future improvements and extensions
thereto, whether to the waterworks system or to
the sewage disposal system, shall be and the same
are combined and shall be known as the water
and sewerage system of the city. Such water and
sewerage system shall be operated and financed
as provided in KS.A. 12-856 to 12-868. (Code 1966,
~ 35-1)
Sec. 41-2. Deposit, use of revenues.
All revenues derived from the sale and consump-
tion of water and from the management and opera-
tion of the water and sewerage department, shall
be deposited daily in the city treasury to the credit
of the department and shall be kept in a separate
fund to be known as the water and sewerage de-
partment fund. Such revenues shall be used only
for the purposes authorized by law. (Code 1966, ~
35-3)
Sec. 41-3. Cost records required.
In addition to customer's accounts, there shall
be kept a set of cost books and records complete
enough to show the cost of producing and distribut-
ing water and providing sewer service and repair-
ing and maintaining the water and sewer sys-
tems and equipment, and such other items as
shall be necessary for the intelligent management
of the water and sewerage department. (Code 1966,
~ 35-4)
Sec. 41-4. Petty cash fund.
(a) There is hereby established a petty cash
fund in the sum of two thousand five hundred
dollars ($2,500.00) for the use of the water and
sewerage department for the purpose of paying
postage, freight, temporary labor, and other emer-
gency expenses, including refund of deposits made
to secure payment of accounts.
(b) The petty cash fund shall be deposited in
the designated city depository bank as a separate
account and shall be paid out on the order of the
cashier of the water and sewerage department by
checks which shall state clearly the purpose for
which issued.
(c) The payees of all checks drawn on petty
cash funds shall certify thereon over their signa-
tures that such services were rendered, supplies
furnished or refunds received, as the case may be,
and any false certification on any check shall be
deemed obtaining money under false pretenses
and punished as provided by law.
.Cross references-Buildings and structural appurtenances, Ch. 8; plumbing code, ~ 8-176 et seq.; health and sanitation, Ch.
17; housing, Ch. 18; mobile homes and trailers, Ch. 22; nuisances generally, Ch. 24; planning, Ch. 29; public utilities, Ch. 30; solid
waste, Ch. 34; streets, sidewalks and other public places, Ch. 35; subdivision regulations, Ch. 36; sewer and water facilities
regulated by zoning ordinance, ~ 42-62; special fund for paying utility costs, App. A, Charter Ord. No. 17; franchises, App. B.
2403
~ 41-4
SALINA CODE
(d) Whenever the petty cash fund becomes low
or depleted, the cashier shall prepare vouchers
covering such expenses as have been paid from
the petty cash fund, and shall submit such vouch-
ers together with the paid checks to the city clerk
for audit, and allowance of the amount from the
contributing funds. Warrants issued therefor shall
by payable to the petty cash fund and shall be
deposited therein to restore the petty cash fund to
its original amount, for use as herein provided.
(Code 1966, ~ 35-8)
State law reference-Authority to create petty cash fund,
K.S.A. 12-825a.
Sec. 41-5. Reserved.
Sec. 41~. Regulations declared contractual; dis-
continuing service for violators.
The rates, rules and regulations herein estab-
lished shall be considered a part of the contract
with every person supplied with water or sewer
service by the city, either within or without the
corporate limits of the city. Such person, by ap-
plying for and accepting water or sewer service
shall be held and considered as consenting to be
bound thereby, and in case of violation of any
rules or regulations in force or upon failure to pay
any charges or penalties herein provided for, the
water may be cut off or sewer service discontinued
from the premises or place of violation and not
turned on again or resumed except by order of the
director of utilities, after satisfactory assurance
that there be no further cause for complaint and
upon payment of any charges. (Code 1966, ~ 35-9)
Sec. 41-7. Director's right of entry.
The director of utilities or persons authonzed
by him, may enter at any reasonable hour any
premises supplied with water or sewer service in
order to inspect or repair sewer or water facili-
ties, meters, pipes or fixtures or to investigate the
use of water, or to obtain meter readings. (Code
1966, ~ 35-10)
Sec. 41-8. Tampering with meters, facilities.
It shall be unlawful for any person to tamper
with any water main, water meter, or other water
appurtenance, or any sewer line or sewer appur-
tenance, or to make any connection to the water
and sewerage system of the city without written
permission from the city, or to reconnect water or
sewer service when it has been discontinued for
nonpayment of a bill for service, until such bill
has been paid in full, including the amount of any
charge for delinquency and the disconnection and
reconnect ion fees herein specified. (Code 1966, ~
35-11)
Secs. 41-9-41-19. Reserved.
ARTICLE II. WATER
DIVISION 1. GENERALLY
Sec. 41-20. Consumer defined.
(a) The consumer, as referred to herein, shall
be the party receiving water or service for a prop-
erty classified as follows:
(1) Apartment' A room or a suite of rooms within
an apartment house arranged, intended, or
designed for a place of residence of a single
family, individual, or group of individuals
living together as a single house-keeping
unit.
(2) Dwelling, one-family: A detached building
arranged, intended or designed for occupancy
by one family.
(3) Building, one-business: A building under
one roof, occupied by one business.
(4) Building, multiple-business: A building owned
by one person having a number of offices,
shops or stores, using in common one hall
and one or more means of ingress and egress.
(5) Dwelling, two-family: A building arranged,
intended or designed for occupancy by two
(2) families, each household unit of which
shall be considered an individual consumer.
(6) Apartment house: A building arranged, in-
tended, or designed for more than two (2)
families, each household unit of which shall
be considered an individual consumer.
2404
e
e
e
-
e
WATER AND SEWERS
(7) Boarding house or lodging house: A build-
ing other than a hotel, occupied as a single
housekeeping unit, where lodging and/or
meals are provided for five (5) or more per-
sons for compensation, pursuant to previ-
ous arrangement, but not for the public or
transients.
(8) Hotel: A building occupied or used as a
more-or-Iess temporary abiding place of in-
dividuals or groups of individuals who are
lodged, with or without meals, and in which
there are more than twelve (12) sleeping
rooms, and no provision for cooking in in-
dividual rooms.
(b) Where by special written permission of the
director of utilities, more than one consumer is
permitted to obtain water through a single meter
or battery of meters, a charge at the uniform
maximum rate as prescribed by section 41-86 per
hundred cubic feet or per thousand gallons for
two thousand (2,000) cubic feet as it now exists or
as hereafter amended shall be made. (Code 1966,
* 35-44)
Cross reference-Definitions and rules of construction gen-
erally. ~ 1-2.
Sec. 41-21. Application for service required.
Any person making proper application and com-
plying with the requirements herein set forth shall
be supplied with water by the water and sewer-
age department providing the property to be sup-
plied adjoins a water main or distributing pipe.
Except as otherwise provided, all applicants for
water shall be on a form to be furnished by the
department and shall be signed by the person
making such application and shall state the loca-
tion of the premises for which water is to be fur-
nished and all purposes for which water is re-
quired and any other information required by the
department. Application for extra service by ex-
isting customers or for the transfer of service may
be made by telephone. (Code 1966, ~ 35-23)
Sec. 41-22. Deposit required.
Unless the applicant for water service shall have
established a satisfactory credit record with the
water and sewerage department through past deal-
ings, such application must be accompanied by a
~ 41-26
cash deposit for an amount equal to double the
estimated monthly utility bills and service fees
for such premises, which are to be billed on the
monthly water bill, but in no case less than ten
dollars ($10.00) and any applicant for service or
existing consumer shall, upon demand of the di-
rector of utilities, increase such deposit when, if
in the opinion of the director, such increase may
be necessary to protect the city from loss. (Code
1966, ~ 35-24)
Sec. 41-23. Deposit accounts.
A separate account of each water deposit shall
be made showing the date on which such deposit
is received, the name of the depositor, and the
amount thereof. (Code 1966, ~ 35-25)
Sec. 41-24. Interest on deposits.
The city shall pay to the customer making a
water deposit interest at the rate of five (5) per-
cent per annum, such interest to be credited once
a year or credited on the first day of January
succeeding such deposit and on the first day of
January thereafter to the credit of the customer's
outstanding account, unless prior to the first day
of January such customer shall request the pay-
ment of such interest in cash, in which event the
payment of interest shall be made as requested.
Any interest credited shall be subject to call and
payment at any time, but shall not draw interest.
(Code 1966, ~ 24-26)
Sec. 41-25. Basis of deposit; application to
payment of bills.
The amount of deposit required shall at all times
be reasonable, and shall be based upon the value
of the maximum service rendered; and such ad-
vance deposit, together with the interest due there-
on, may be applied to the payment of any bills
due on discontinuance of service. (Code 1966, ~
35-27)
Sec. 41-26. Refund of deposits.
The city may at its discretion refund such depos-
it, together with interest, at any time it so de-
sires. Two (2) years following the date of such
deposit, the city shall refund the deposit plus ac-
2405
~ 41-26
SALINA CODE
crued interest upon demand of the depositor, pro-
viding the depositor shall have established and
maintained a satisfactory credit record with the
water and sewerage department to the satisfac-
tion of the director of utilities. (Code 1966, ~ 35-28)
Sec. 41-27. Forfeiture of unclaimed deposits.
(a) Any amount of security deposit and the ac-
crued interest thereon remaining in the account
of any customer in accordance with this article
who has discontinued service with the water and
sewerage department shall be placed in the oper-
ating fund of the department upon the following
conditions:
(1) Such money has remained on deposit with
the water and sewerage department for a pe-
riod of more than three (3) years from the
date service was discontinued;
(2) No demand for such money has been made at
any time during the three (3) year period;
(3) The whereabouts of the person to whose ac-
count the money is credited is unknown and
a reasonable effort has been made to deter-
mine the same; and
(4) Following the expiration ofthe three- (3) year
period the water and sewerage department
has published once a week for two (2) consec-
utive weeks in the official newspaper of the
city a notice listing the person whose deposit
remains on account and that a demand for
such money must be made within (60) days.
(b) Sixty (60) days after the last publication of
such notice, any security deposit remaining in
the account of such customer shall be placed in
the operating fund of the water and sewerage
department. (Code 1966, ~ 35-29)
Sec. 41-28. Taps and charges.
(a) The phrase "lineal feet" where hereinafter
used shall be deemed to refer to the front footage
of the private property that may be served from
any existing water main or water mains that may
hereafter be installed by the water and sewerage
department; in the event any such property is
carved into lots and irregularly shaped, the lineal
footage shall be deemed to refer to the main width
of any such irregular lot.
(b) Whenever any person desires to obtain water
service to any property, to or upon or for any
property, not heretofore served with water by the
water and sewerage department, as a condition
precedent to the installation of such service, in
addition to all other charges, a sum equal to two
dollars ($2.00) multiplied by the front footage of
the property to be so served shall be paid to the
water and sewerage department. The department
shall tap on all mains or distribution lines, in-
serting a corporation cock and furnishing the union
for the connection to the service line. A charge
shall be made for each tap in addition to the sums
aforesaid. The charge for each tap authorized shall
be actual cost of installation, as determined by
the director of utilities, to be paid to the water
and sewerage department when the service is in-
stalled or the tap ordered.
(c) No charge shall be made to property that
can be served from paralleling installation in the
event that the property to be so served has been a
consumer of water from the department anteced-
ent to September 13, 1954.
(d) It shall be the duty of any person applying
for the provision of new service of water to cor-
rectly state the lineal front footage of property to
be thereby served. In the event of the failure so to
do, the director of utilities is hereby directed to
forthwith discontinue water service to any such
property where the lineal front footage was mis-
represented. (Code 1966, ~ 35-30)
Sec. 41-29. Maintenance of plumbing, etc.; wast-
ing water.
All water consumers shall keep their own fix-
tures, service lines and curb cocks, meter boxes or
pits and all other appurtenances in good repair
and protected from frost at their own expense,
and shall prevent all unnecessary waste of water,
keeping all fixtures closed when not in use. (Code
1966, ~ 35-31)
2406
e
e
e
e
e
WATER AND SEWERS
Sec. 41-30. City not liable for interrupted ser-
vice, right to cut off water; repairs.
It is expressly stipulated that no claim shall be
made against the city or the water and sewerage
department because of any break in the service or
any damage arising from the cutting off of water
to repair mains, make connections or for any other
purpose that becomes necessary. The right is hereby
reserved to cut off water at any time when deemed
necessary. Defective service lines must be promptly
repaired; otherwise the water may be shut off at
the main, notice having first been given, and the
cost charged against the service. When it becomes
necessary for installation of service lines to be
effected or repairs to be made to existing service
lines between the main and the curb cock, or
when curb cocks are broken or cannot be closed,
curb boxes are misplaced, filled with debris or
require new lids, or when other repairs or replace-
ments are necessary to the proper operation of
the system and the supplying of water to users, or
to prevent waste of water, reasonable efforts shall
be made to request or notify the owner or party
liable for the expense and to induce him to make
the necessary installations, repairs or alterations;
but in cases where, after reasonable effort, it is
found impossible or impracticable to notify the
owner or party liable, or where the owner reports
inability to obtain a plumber to install a service
line, or where the owner or party fails or refuses
to have the necessary repairs made within a rea-
sonable length of time, or where an emergency
does not permit the necessary delay in finding
the owner or party liable, then the water and
sewerage department shall make or shall cause
to be made such repairs or alterations or cause
service lines to be installed to the curb cock as are
necessary and charge the actual cost of labor and
material involved, plus twenty-five (25) percent
for overhead expenses, against the property served,
and the same shall be collectible in the same
manner as monthly water bills. (Code 1966, ~
35-32)
Sec. 41-31. Abandoned service lines to be
capped or plugged.
No service lines shall be abandoned without
first having been shut off and capped or plugged
~ 41-37
at the corporation cock at the expense of the prop-
erty owner; provided, that the director of utilities
may upon written request waive the removal thereof.
(Code 1966, ~ 35-33)
Sec. 41-32. Meters required.
All water sold by the water and sewerage de-
partment shall be measured by meter unless sup-
plied under special contract according to estab-
lished rates. (Code 1966, ~ 35-34)
Sec. 41-33. Department to furnish, install meters.
All meters in the corporate limits shall be fur-
nished by the water and sewerage department
and installed without cost to the customer. (Code
1966, ~ 35-35)
Sec. 41-34. Installation of meters.
All water meters shall be installed in accord-
ance with the regulations and specifications of
the water and sewerage department promulgated
by the director of utilities and filed with the de-
partment and the building official. (Code 1966, ~
35-36)
Sec. 41-35. Meter location.
Should it not seem practicable to locate the
meter adjacent to the curb box, written permis-
sion shall be obtained from the director of utili-
ties to place the meter at such point as the direc-
tor of utilities shall provide. (Code 1966, ~ 35-37)
Sec. 41-36. Dirt, rubbish prohibited in meter
or service box.
No person shall deposit dirt, stone or rubbish of
any nature in any meter box or curb box. (Code
1966, ~ 35-38)
Sec. 41-37. Meters to be accessible, unob-
structed.
The occupant of any building or premises or
customer of service therefor or premises where a
meter is located shall keep the meter free from all
obstructions so that it is at all times conveniently
accessible for reading, inspecting or repairing. Where
a water meter is inaccessible due to the non-
2407
~ 41-37
SALINA CODE
cooperation of the customer, the director of utili-
ties may in his discretion require that the meter
be moved to a location designated by him at the
expense of the property owner. (Code 1966, ~ 35-39)
Sec. 41-38. Consumer responsible for damage
to meter.
Whether a meter is located in a building, an
approved meter box or housing in the parking or
sidewalk or elsewhere, the consumer or owner of
the property in which such meter is placed shall
be responsible for its protection and preservation
and any damage sustained by such meter shall be
charged to the consumer or owner of the property
served in the same manner as prescribed for re-
pairs to service lines. (Code 1966, ~ 35-40)
Sec. 41-39. Meters damaged by hot water,
steam, improper thawing.
Whenever a meter is damaged by hot water or
steam or by an improper method of thawing when
frozen, the cost of the repairs shall be chargeable
to the property in the same manner as prescribed
for repairs to services. (Code 1966, ~ 35-41)
Sec. 41-40. Consumers furnishing water to
others; separate meter for each
consumer required.
Patrons of the water system shall not allow
water to be taken from the premises, nor permit
any connection being made to his service line
without first obtaining written permission from
the director of utilities. Water shall be used only
on the premises to which the service is extended,
and not more than one consumer shall receive
water through a single meter except by special
written permission of the director of utilities. (Code
1966, ~ 35-42)
Sec. 41-41. Unlawful use of water.
It shall be unlawful for any person to take or
use water from the waterworks of the city with-
out notice to the water and sewerage department
and without payment for the same as provided by
the rules and regulations herein contained. No
person shall turn on or shut off the water at any
valve, curb cock, corporation cock or other places
regulating the supply of water to any premises or
part of the waterworks system except duly au-
thorized employees of the department or persons
authorized to do so by the director of utilities.
(Code 1966, ~ 35-43)
Sec. 41-42. Fluoridating water supply system
authorized.
(a) The water and sewerage department is hereby
directed and authorized to install and operate equip-
ment which will introduce sufficient fluoride com-
pound to raise the fluoride concentration in the
finished water to one part of fluoride for every
million parts of water being distributed to the
water supply system of the city, or such concen-
tration as is ordered from time to time by the
state board of health.
(b) The water and sewerage department shall
operate the fluoride system in accordance with
standards established by the state board of health
and shall make such periodic inspections as in
their judgment may be deemed necessary to safe-
guard the health and welfare of the citizens of the
city and shall be responsible for the expedient,
safe, proper and efficient operation of the fluori-
dation. (Code 1966, ~ 35-45)
Sees. 41-43-41-50. Reserved.
DIVISION 2. WATER CONSERVATION
Sec. 41-51. Definitions.
For the purpose of this division, the following
terms shall have and be construed to have the
following meanings:
(1) Air conditioning system shall include any com-
bination of equipment, whether compressor
or other type, by which heat is removed from
the air and from which the accumulated or
effluent heat is wholly or partially removed
by the use of water.
(2) Person shall mean all users of air condition-
ing equipment connected with the municipal
water supply or emptying water into munici-
pal storm or sanitary sewers, including natu-
ral persons, partnerships, corporations or as-
sociations. Whenever used with respect to a
2408
e
e
e
-
e
WATER AND SEWERS
penalty, the term "person" as applied to part-
nerships or associations shall mean the part-
ners thereof, and as applied to corporations,
the officers thereof.
(3) System shall mean a single air conditioning
unit or group or collection of such units or
any other combination of air conditioning appara-
tus connected to the municipal water supply
in a common location, or a municipal storm
sewer or sanitary sewer, such as an apart-
ment or office building or supplied with water
through any single customer service pipe con-
nected to the municipal water supply system
or emptying into municipal storm or sanitary
sewers.
(4) Tons shall mean the manufacturers rating of
the compressor on an air conditioning system
so operated based on American Society of Re-
frigeration Engineers or American Refriger-
ation Institute standards of ratings.
(5) Water conservation equipment or facilities shall
mean evaporative condensers, cooling towers,
spray ponds, recirculating pumps or return
disposal wells. (Code 1966, S 35-79)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 41-52. Types of air conditioners.
All air conditioners hereafter installed shall be
air cooled or equipped with water conservation
equipment or facilities. (Code 1966, S 35-80)
Sec. 41-53. Permit required to install air con-
dition; fee.
No person shall install, remodel or add to any
air conditioning system which uses water from
the municipal water supply or emptying into the
municipal storm or sanitary sewer without first
having procured a written permit therefor from
the building official. The chief building inspector
shall charge a fee of three dollars ($3.00) for the
issuance of such permit. (Code 1966, S 35-81)
Sec. 41-54. Who may install air conditioners;
notice, inspection required.
No one other than a plumber licensed by the
city shall connect any such air conditioning sys-
~ 41-56
tem to the municipal water system or municipal
storm or sanitary sewer system, nor shall anyone
other than an electrician licensed by the city do
any electrical work in connection with such in-
stallation. Within forty-eight (48) hours following
the completion of any such work authorized by
the permit required by section 41-53, the person
doing such work shall file in the office of the chief
building inspector written notice of such comple-
tion and request for inspection which inspection
shall be promptly made by the chief building in-
spector. (Code 1966, * 35-82)
Sec. 41-55. Violators not to receive permits.
Licensed plumbers or electricians who violate
any of the provisions and regulations of this divi-
sion may be denied the privilege of securing fur-
ther permits from the chief building inspector.
(Code 1966, S 35-83)
Sec. 41-56. Surcharge for air conditioners.
Inasmuch as the conservation of water and regu-
lation of sewer load during periods of peak de-
mands is in the public interest, a surcharge is
hereby authorized against all air conditioning sys-
tems connected to the municipal water supply or
emptying into municipal storm or sanitary sew-
ers, which surcharge is hereby fixed at two dol-
lars and fifty cents ($2.50) per month per ton
rated capacity for the months of June, July, Au-
gust and September in each year. This surcharge
shall be in addition to the regular charges for
water consumed and the city commission shall
assess and collect the surcharge in the interest of
the conservation of the municipal water supply
and/or the limitation of use of the municipal storm
and sanitary sewers; provided, that this surcharge
shall not apply to any of the following air condi-
tioning systems:
(1) Systems heretofore installed and now in use
for single family units or duplex residential
purposes: Provided, that the water is used for
irrigation;
(2) Any system equipped with water conserva-
tion equipment or facilities. (Code 1966, S
35-84)
2409
~ 41-57
SALINA CODE
Sec. 41-57. Prevention of back siphonage.
In order to prevent back siphonage into the
municipal water supply, there shall be no direct
or indirect connection between the municipal water
supply and any air conditioning system using water
from a source other than the municipal supply.
(Code 1966, S 35-85)
Sec. 41-58. Priorities established.
Whenever the city board of commissioners shall
deem it necessary in the interest of the conserva-
tion of the municipal water supply and/or the
limitation of use of the municipal storm or sani-
tary sewers it shall restrict the partial or total
use of water from the municipal water system in
the following order of sequence:
(1) Irrigation;
(2) Air conditioning without water conservation
facilities;
(3) Industry-Air conditioning and other indus-
trial or commercial uses;
(4) Sanitary use. (Code 1966, S 35-86)
Sec. 41-59. Waste prohibited.
It shall be unlawful for any person to waste
water. The use of water in violation of any of the
terms ofthis division shall be deemed waste. Water
flowing into a gutter or into a street, alley or
sidewalk, directly or indirectly, from an air con-
ditioning system shall be deemed waste. (Code
1966, S 35-87)
Sees. 41-60-41-70. Reserved.
ARTICLE III. SEWERS
Sec. 41-71. Sewer connections.
(a) Persons owning dwelling houses or build-
ings within the city which are located near a
sewer, or in a block within any sewer district in
the city through which a sewer extends are hereby
required to make such connections with the sewer
system of the city as may be necessary in the
judgment of the joint city-county board of health
for the protection of the health of the public, for
the purpose of disposing of all substances from
any such building affecting the public health which
may be lawfully and properly disposed of by means
of such sewer.
(b) If any person shall fail or refuse to connect
any building or buildings with the sewer system
of the city as herein provided for, for more than
ten (10) days after being notified in writing by the
joint city-county board of health to do so, then the
city may cause such premises and buildings to be
connected with the sewer system and the city is
hereby authorized to advertise for bids for the
construction and making of such sewer connec-
tions, and to contract therefor with the lowest
responsible bidder or bidders, and to cause such
premises to be connected with the sewer system.
(c) To pay the costs and expenses of work done
in connecting premises to the sewer system, the
city may assess the costs and expenses against
the property and premises so connected, such as-
sessment to be made in the same manner as other
special assessments are made. (Code 1966, S S
15-7-15-9)
Sec. 41-71.1. Sewer connection permits and
fees.
(a) Prior to the issuance of any permits for any
connections with the sewer mains or laterals of
the city, the following fees shall be paid:
(1) For each connection for the use of property
included within the boundaries of the city
since January 1, 1950, if such property has
never been since January 1, 1950, and is not
now in any sewer benefit district of the city,
the sum of two hundred fifty dollars ($250.00).
(2) For each connection for the use of property
not within the city limits and not in any
sewer benefit district of the city, the sum of
five hundred dollars ($500.00).
(3) No fee shall be required for connections of
the use of property located in a sewer benefit
district of the city.
(b) Application for a permit may be made by
telephone at the discretion of the administrative
authority. Twenty-four (24) hour notification for
inspection is waived. No building tile sewer water
test will be required. (Code 1966, S 9-204)
2410
e
e
e
-
.
WATER AND SEWERS
Sec. 41-71.2. Work not requiring a permit.
No permit shall be required in the case of any
repair work as follows: The stopping of leaks in
drains, soil, waste or vent pipe, provided, howev-
er, that should any trap (other than tubular traps),
drainpipe, soil, waste or vent pipe be or become
defective and it becomes necessary to remove and
replace the same with new material in any part
or parts, the same shall be considered as new
work and a permit shall be procured and an in-
spection made as hereinbefore provided. No per-
mit shall be required for the clearing of stoppages
or the repairing of leaks in pipes, valves or fix-
tures, where such repairs do not involve or re-
quire the rearrangement of tubular traps, valves,
pipes or fixtures. (Code 1966, ~ 9-205)
Sec. 41-72. Application for sewer service when
not served with city water.
Any person desiring sewer service for any prem-
ises not served with city water shall make appli-
cation therefor in the same manner and subject to
the same conditions as applications for water ser-
vice as provided in section 41-21. He shall pay the
same deposit as is required of applicants for water
service. (Code 1966, ~ 35-12)
Sec. 41-73. Oil, grease; draining into sewers,
rivers, etc.
It shall be unlawful for any person to place,
run, pour or drain into any sewer or cause or
permit the placing, running, pouring or draining
into any sewer or into ay street, alley or other
place from which the same may run or drain into
any sewer or into any river or creek, any fuel oil,
lubricating oil, crank case oil or grease or any
other kind of oil or grease whatsoever. (Code 1966,
~ 23-152)
Secs. 41-74-41-85. Reserved.
ARTICLE IV. RATES AND CHARGES
Sec. 41-86. Adoption by resolution.
The board of commissioners hereby finds and
determines that the rates, fees or charges for the
use of and services rendered by the combined water
2411
~ 41-90
and sewerage department, in order to fully meet
the requirements of the statutes of the state, shall
be established from time to time by resolution.
(Code 1966, ~ 35-54; Ord. No. 81-8836, ~ 1, 2-9-81)
Sec. 41-87. Charge for water used by city.
All water used by any city department for any
purpose whatsoever, excepting only that used by
the fire department for extinguishing fires, shall
be measured and charged for in the same manner
as water used by private consumers at a rate to
be fixed by the board of commissioners. Where it
is impracticable to meter the water so used, it
shall be estimated by the director of utilities. (Code
1966, ~ 35-56)
Sec. 41-88. Charge when meter fails to register.
In case any meter fails to register for any cause,
the amount charged for water during such period
shall be estimated by the director of utilities, such
estimate to be based on the average amount reg-
istered during a like preceding period and such
other information as is available. (Code 1966, ~
35-57)
Sec. 41-89. Hydrant rental.
For all fire hydrants located in water mains
outside of the limits of the city, the person for
whose benefit such fire hydrants are installed
shall pay a fire hydrant rental of twenty-five dol-
lars ($25.00) per annum per hydrant which shall
be payable quarterly in advance. No fire hydrant
shall be connected to any water main outside of
the city without notice and without securing per-
mission from the director of utilities and no such
hydrant shall be or remain connected to any such
water main unless the rental due thereon shall
be paid within ten (10) days after the same be-
comes due. (Code 1966, ~ 35-59)
Sec. 41-90. Reduction in sewer charge when
some water not discharged to
sewers.
If any user of water shall use more than two
thousand (2,000) cubic feet of water in any month
for commercial or industrial purposes, and if, as
established by separate meter installed and main-
tained by such user, or by other records kept and
~ 41-90
SALINA CODE
,11aintained by such user and open for inspection
by the city's representatives, more than one-fourth
of the water so used by the customer was not
discharged into the city's sewage disposal system,
then the sewerage charge made to such customer
for the use and service of the city's sewage dis-
posal system shall be based on the amount of
water furnished such customer during said month,
less the amount of such water which was not
discharged into the city's sewage disposal system.
(Code 1966, ~ 35-61)
Sec. 41-91. Covenant not to decrease rates.
The city hereby agrees, in consideration of per-
sons buying revenue bonds, to extend, enlarge
and improve the waterworks plant and system or
sewer system, not to decrease the rates prescribed
as aforesaid until all such bonds and interest thereon
are fully paid. (Code 1966, ~ 35-62)
Sec. 41-92. Free service prohibited.
No water or sanitary sewerage service shall be
furnished or rendered by the city's combined water
and sewerage system free of charge. (Code 1966, ~
35-63)
Sec. 41-93. Billing and collection; disconnec-
tion service for nonpayment.
(a) All water meters, except those specifically
installed for the sole purpose of irrigating yards
and lawns shall be read and bills for water and
sewerage service (or either) rendered monthly,
and such bills shall be collected as a combined
bill for water and sewerage service furnished each
customer. Each bill shall be payable upon the
rendering of such bill and if not paid on or before
the specified due date as shown on the bill, such
bill shall be considered delinquent.
(b) A delinquency and termination notice shall
be issued within five (5) days after a bill is delin-
quent. The delinquency and termination notice
shall provide the customer of record with the fol-
lowing information:
(1) The amount due on the unpaid balance;
(2) The customer's right to a hearing before
the department;
(3) Notice that service will be terminated in
ten (10) days if the bill remains unpaid.
If the customer of record is not the occupant where
water service is provided, then the department
shall provide similar notification to the occupant.
The request for a hearing must be not later than
three (3) working days before the date of discon-
tinuance. Such hearings will be conducted by one
or more of the following representatives, director
of utilities, water office supervisor, or such other
representative of similar management grades as
may be appointed by the director of utilities. The
department is authorized to discontinue and dis-
connect water service for any customer who shall
be delinquent in the payment of bills. Customers
are responsible for furnishing the department with
their correct address for billing purposes.
(c) If the service to the property shall be dis-
connected, it shall remain disconnected until such
customer shall pay the full amount of all water
and sewer bills, including such cash deposit as
the director of utilities may require and a recon-
nection charge of ten dollars ($10.00).
(d) All water meters which are installed for the
sole and specific purpose of irrigating yards and
lawns shall be read and bills for such water ser-
vice rendered monthly during the months of May
through October, inclusive. Water consumed dur-
ing the months of November through April, in-
clusive, shall be metered and the meter read and
bill for such water consumed during this period
rendered with the May reading. Payment for such
water service furnished would be due and pay-
able in the same manner as set forth in this sec-
tion and the same procedure therein provided for
the collection, notification and disconnection of
service for delinquent accounts shall be applicable.
(e) It shall be the duty of the representative of
the city at the time in charge of the collection of
water and sewerage service rates, to notify the
director of utilities of all delinquencies in the
payment of monthly bills, and said director shall
proceed immediately to disconnect service to any
customer who is in arrears for the period herein
before specified. (Code 1966, ~ 35-64)
2412
e
e
e
e
e
WATER AND SEWERS
~ 41-98
Sec. 41-94. Department not responsible for
delivery of bill; duplicates.
The water and sewerage department does not
assume the responsibility for speedy and safe de-
livery of, or failure to receive bill; a duplicate
may be obtained by calling in person at the office
of the department. (Code 1966, ~ 35-65)
Sec. 41-95. Corrections and refunds.
The director of utilities shall have authority to
make corrections or refunds of overpayments or
improper water bills due to error in the water and
sewerage department, but shall have no author-
ity to remit or diminish a bill for any other rea-
son. (Code 1966, ~ 35-66)
Sec. 41-96. Service not to be furnished until
accounts paid.
Whenever any consumer of water shall move
from one location or premises to another in or
adjacent to the city, or whenever water is turned
off at any premises on account of the failure of the
consumer to pay the water charges for water used
on any such premises, or whenever any consumer
or applicant for water service is indebted to the
water and sewerage department of the city for
any water or sewerage service previously furnished
to him either at the premises for which an appli-
cation is made or at any other place in the city,
the director of utilities shall refuse to turn on or
authorize the turning on of water for any such
consumer or applicant at any place until all pre-
vious charges due to the department for whatever
premises, have been fully paid by such consumer
or applicant, and all other requirements and charges,
whether in the nature of penalties, shut off or
turn on charges, or deposits, shall have been paid,
and no applicant or consumer shall be entitled to
have water turned on at any premises until all
such charges and requirements have been fully
paid and complied with. (Code 1966, ~ 35-67)
Sec. 41-97. Regulations to secure payment
authorized.
The director of utilities shall be authorized to
make such reasonable rules and regulations to
secure the payment of any sums due the water
and sewerage department as may, in his judg-
ment, be necessary. (Code 1966, ~ 35-68)
Sec. 41-98. Combined reading of multiple me-
ters; when permitted.
(a) The water consumption, as shown by mul-
tiple meters servicing a single structure or a group
of structures having a single or common plumb-
ing system, may be combined for purposes of com-
puting charges.
(b) All single meter installations shall be com-
puted for billing on an individual basis. (Code
1966, ~ 35-69)
[The next page is 2463]
2413
e
Chapter 42
- ZONING REGULATIONS*
Art. I. In General, ~~ 42-1-42-20
Art. II. Amendments, ~~ 42-21-42-39
Art. III. Districts, Maps and Boundaries, ~~ 42-40-42-55
Art. IV. General Use Regulations, ~~ 42-56-42-75
Art. V. General Bulk Regulations, H 42-76-42-100
Art. VI. District Regulations, H 42-101-42-400
Div. 1. Generally, ~~ 42-101-42-110
Div. 2. A-I Agricultural District, ~~ 42-111-42-125
Div. 3. RS Single-Family Residential Suburban District, ~~ 42-
126-42-140
Div. 4. R Single-Family Residential District, ~~ 42-141-42-155
Div. 5. R-l Single-Family Residential District, ~~ 42-156-42-
170
Div. 6. R-2 Multiple-Family Residential District, ~~ 42-171-42-
185
Div. 7. R-2.5 Multiple-Family Residential District, ~~ 42-186-
42-200
Div. 8. R-3 Multiple-Family Residential District, ~~ 42-201-42-
215
Div. 9. MH Mobile Home Park District, ~~ 42-216-42-235
Div. 10. U University District, ~~ 42-236-42-250
e Div. 11. C-l Restricted Business District, ~~ 42-251-42-265
Div. 12. C-2 Neighborhood Shopping District. ~~ 42-266-42-280
Div. 13. C-3 Shopping Center District, ~~ 42-281-42-300
Div. 14. C-4 Central Business District, ~~ 42-301-42-315
Div. 15. C-5 Service Commercial District, ~~ 42-316-42-330
Div. 16. C-6 Heavy Commercial District, ~~ 42-331-42-345
Div. 17. I-I Industrial Park District, ~~ 42-346-42-360
Div. 18. 1-2 Light Industrial District, ~~ 42-361-42-380
Div. 19. 1-3 Heavy Industrial District, ~~ 42-381-42-400
Art. VII. Planned Development Districts, ~~ 42-401-42-425
Art. VIII. Flood Plain Zoning District, H 42-426-42-455
Art. IX. Heritage Conservation District, ~~ 42-456-42-500
Div. 1. Generally, ~~ 42-456-42-470
Div. 2. Heritage Commission, ~~ 42-471-42-500
Art. X. Signs, H 42-501-42-540
Div. 1. Generally, ~~ 42-501-42-515
Div. 2. District Regulations, ~~ 42-516-42-540
Art. XI. Off-Street Parking and Loading, ~~ 42-541-42-575
Div. 1. Generally, ~~ 42-541-42-550
Div. 2. Off-Street Parking, ~~ 42-551-42-560
Div. 3. Off-Street Loading, ~~ 42-561-42-575
Art. XII. Nonconforming Uses, Bulk and Signs, ~~ 42-576-42-595
Art. XIII. Administrative Provisions, H 42-596-42-615
Art. XIV. Definitions, H 42-616-42-806
e
.Cross references-Ordinances amending the zoning map or zoning or rezoning specific property saved from repeal, ~ 1-5(17);
airport zoning, * 4-46 et seq.; proximity of public dances to residences, ~ 6-47; buildings and structural appurtenances. Ch. 8;
housing, Ch. 18; mobile homes and trailers, Ch. 22; planning, Ch. 29; streets, sidewalks and other public places, Ch. 35;
subdivision regulations, Ch. 36.
State law references-Planning and zoning, K.S.A. 12-701 et seq.; establishment of city district and zones, K.S.A. 12-707 et
seq.
e
2463
~ 42-1
SALINA CODE
ARTICLE I. IN GENERAL
Sec. 42-1. Title.
This chapter, including the zoning district maps
made a part hereof, by reference, may be known
and cited as the "Zoning Regulations". (Code
1966, ~ 36-100)
Sec. 42-2. Intent and purpose.
This chapter, adopted pursuant to the provisions
of the Kansas Statutes Annotated, Sections 12-707
through 12-721, are intended to serve the follow-
ing purposes:
(1) To protect and promote the public health,
safety, convenience, comfort and general
welfare of the city;
(2) To regulate and restrict the location and
use of buildings and the uses of land within
each district or zone and to regulate and
restrict the height, number of stories and
size of buildings, the percentage of lots that
may be occupied by buildings and other
structures, the size of yards, courts, and
other open spaces, and the density of
population;
(3) To guide the future growth and develop-
ment of the city in accordance with the
comprehensive plan adopted by the plan-
ning commission;
(4) To protect and conserve the value of land
throughout the city and the value of build-
ings appropriate to the various districts es-
tablished by this chapter;
(5) To provide adequate light, air and privacy,
to secure safety from fire, flood and other
danger, and to prevent overcrowding and
undue congestion of land and population;
(6) To bring about the gradual conformity of
the uses of land and buildings throughout
the city through the comprehensive zoning
plan set forth in this chapter, and to mini-
mize the conflicts among the uses of land
and buildings;
(7) To promote the most beneficial relation be-
tween the uses of land and buildings and
the circulation of traffic throughout the city;
(8) To provide a guide for public policy and
action in the efficient provision of public
facilities and services and for private en-
terprise in building development, investment
and other economic activity relating to uses
of land and buildings throughout the city;
and
(9) To prevent pollution, encourage the wise
use and sound management of natural re-
sources, promote aesthetic values and pre-
serve the historical character of the city.
(Code 1966, ~ 36-101)
Sec. 42-3. Territorial application.
This chapter shall apply to all structures and
land in the city, but the planning commission
may waive all requirements of this chapter for
the following uses when appropriate:
(1) Poles, wires, cables, conduits, vaults, later-
als, pipes, mains, valves or other similar equip-
ment for the distribution to consumers of tel-
ephones or other communications, electrici-
ty, gas or water, or the collection of sewage or
surface water operated or maintained by pub-
lic utility, but not including substations lo-
cated on or above the surface of the ground.
(2) Railroad tracks, signals, bridges and similar
facilities on a railroad right-of-way, and main-
tenance and repair work on such facilities
and equipment. This provision shall not in-
clude any facilities and equipment listed as a
permitted use in the 1-3, heavy industrial district.
(3) Agricultural structures or land used for agri-
culture. In the event that any structure or
land ceases to be used only for agriculture,
then such structure or land shall be subject
to all applicable regulations. (Code 1966, ~
36-102(1))
Sec. 42-4. Existing permits.
This chapter is not intended to abrogate or annul
any building permit, zoning certificate, variance,
conditional use permit or certificate of occupancy
lawfully issued before February 14, 1977, except
as follows: If this chapter makes the proposed use
under such permit, variance or certificate non-
conforming as to use or bulk, and there has been
2464
e
e
e
-
e
ZONING REGULATIONS
no substantial change of position, expenditure,
construction or operation, or incurrence of sub-
stantial obligations by the permit, certificate or
variance holder in reliance on such permit, certif-
icate or variance prior to May 15, 1977, the build-
ing permit, zoning certificate, conditional use per-
mit, or variance will be invalid. If substantial
construction or substantial operations have taken
place and are continuing at the time, the pro-
posed use may be completed. (Code 1966, ~ 36-102(2))
Sec. 42-5. Certificate of occupancy.
When a structure is completed under a permit
or certificate to which section 42-4 applies, a certif-
icate of occupancy shall be .issued in accordance
with the zoning regulations in effect at the time
the building permit or zoning certificate was is-
sued. (Code 1966, ~ 36-102(3))
Sec. 42-6. New construction, reconstruction or
change in use.
All new construction or alteration of a building
or structure, every change in bulk, all new uses of
buildings or land, and every change, enlargement
or relocation of use, shall conform to this chapter.
Existing nonconforming uses and bulk may con-
tinue, subject to the provisions of article XII of
this chapter. (Code 1966, ~ 36-102(4))
Sec. 42-7. Annexed land.
All land which may hereafter be annexed to
the city shall, from and after the effective date of
such annexation, be considered to be subject to
the zoning regulations of the RS district unless
zoned otherwise at the time of annexation or until
such time as the land may legally be rezoned.
(Code 1966, ~ 36-102(5))
Sec. 42-8. Subdividing required prior to zoning.
Land shall be subdivided in accordance with
the subdivision regulations of the city prior to
rezoning any area to any district other than the
A-I district. The zoning request shall be tenta-
tively approved, subject to proper subdividing for
a period not to exceed one year. The planning
commission may grant one extension not exceed-
ing six (6) months, upon written application. In
~ 42-23
the event that proper subdividing is not completed
within the specified time, the planning commis-
sion shall recommend appropriate action to the
board of commissioners. (Code 1966, ~ 36-102(6))
Cross reference-Subdivision regulations, Ch. 36.
Secs. 42-9-42-20. Reserved.
ARTICLE II. AMENDMENTS*
Sec. 42-21. Authority.
For the purpose of promoting the public health,
safety and welfare, conserving the value of prop-
erty throughout the city, and lessening or avoid-
ing congestion in the public streets, the board of
commissioners may, from time to time, in the
manner hereinafter set forth, amend this chap-
ter, the district boundary lines and the zoning
map, provided that in all amendatory ordinances
adopted under the authority of this chapter, due
allowance shall be made for existing conditions,
the conservation of property values, and the uses
to which property is devoted at the time of adop-
tion of such amendatory ordinance. (Code 1966, ~
36-200)
Sec. 42-22. Initiation.
Proposals for amendment may be initiated by
the board of commissioners, the planning com-
mission, or upon application of the owner of the
property affected pursuant to the procedure set
forth in section 42-23. (Code 1966, ~ 36-201)
Sec. 42-23. Form of application.
(a) When the board of cOp:1missioners, or the
planning commission, proposes an amendment, it
shall transmit its proposal, including information
prescribed in subsections (bX2) and (bX3) below, to
the planning commission for a public hearing and
a report thereon.
(b) When the owner of the property affected
proposes an amendment to this chapter or to any
zoning district created thereby, an application for
such amendment, addressed to the board of com-
*State law reference-Amendments or changes in zoning,
K.S.A. 12-708.
2465
~ 42-23
SALINA CODE
mISSIOners, shall be filed in duplicate with the
planning commission. The application shall be in
such form and contain such information as shall
be prescribed from time to time by the planning
commission, but shall in all instances contain the
following information:
(1) The applicant's name and address;
(2) The precise wording of any proposed amend-
ment to the text of this chapter;
(3) If affecting a change in the zoning map:
a. The legal description and street address
of the property proposed to be reclassified;
b. The name and address of the owner or
owners of the property;
c. The present zoning classification and ex-
isting uses of the property proposed to be
reclassified;
d. The area of the property proposed to be
reclassified; and
e. An ownership list certified by a registered
abstractor of the owners of all property
located within two hundred (200) feet of
the boundaries of the property to be af-
fected by the proposed amendment.
(4) Such application shall be accompanied by a
fee pursuant to the city fee schedule, which
may be changed from time to time. (Code
1966, ~ 36-202)
Sec. 42-24. Public hearing.
(a) Generally. The planning commission shall
hold a public hearing on each proposed amend-
ment at a reasonable time and place as estab-
lished by the planning commission. It shall hold
such hearing within forty-five (45) days from the
date on which the proposed amendment is referred
to, filed with, or initiated by the planning com-
mission. An applicant for an amendment may
waive the requirement that such hearing be held
within forty-five (45) days.
(b) Notice of hearing. The planning commission
shall hold at least one public hearing on the pro-
posed amendment, twenty (20) days notice of the
time and place of which shall be published in the
official city newspaper stating the date, time and
place of the hearing and containing a statement
regarding the proposed amendment. If the pro-
posed amendment would change the zoning clas-
sification of any property, or the boundaries of
any zoning district, such notice shall contain the
legal description and street address or general
street location of such property, its present zon-
ing classification, and the proposed classification.
In such case, the planning commission shall mail
a written notice of the public hearing thereon,
containing the same information as the published
notice thereof, to the owner or owners of the prop-
erty affected, and to the owners of all property
within two hundred (200) feet of the boundaries
thereof, at least twenty (20) days prior to the date
of the hearing. The planning commission may
give such additional notice to other persons as it
may, from time to time, provide by its rules.
(c) Conduct of hearing. The hearing shall be
conducted and a record of the proceedings shall
be preserved in such a manner and according to
such procedures as the planning commission may,
from time to time, prescribe by rule. Any inter-
ested person or party may appear and be heard at
the hearing in person, by agent or by attorney.
The planning commission may request a report
on any proposed amendment from any governmen-
tal official or agency, or any other person, firm or
corporation. If such a report is made, a copy thereof
shall be made available to the applicant and any
other interested person in the offices of the plan-
ning commission. (Code 1966, ~ 36-203)
Sec. 42-25. Findings of fact and recom-
mendation of planning commis-
sion.
(a) Generally. Within forty (40) days after the
close of a public hearing on a proposed amend-
ment, the planning commission shall submit a
report to the board of commissioners. A copy of
the report shall be filed with the city clerk and
with the office of the zoning administrator and
such copies shall be kept available for public in-
spection. A copy of the report shall also be mailed
to the owner of the specific property affected by
the proposed amendment. Such report shall con-
tain findings based upon the evidence presented
2466
e
e
e
--
e
ZONING REGULATIONS
and a recommendation as to whether the proposed
amendment should be adopted. The report sub-
mitted to the board of commissioners shall be
accompanied by a copy of the record of the hear-
ing on the proposed amendment.
(b) Amendments to text. When a proposed amend-
ment would result in a change in the text of this
chapter but would not result in a change of zon-
ing classification of any specific property, the re-
port of the planning commission shall contain a
statement as to the nature and effect of such pro-
posed amendment and findings as to the following:
(1) Whether such change is consistent with the
interest and purpose of this chapter;
(2) The areas which are most likely to be directly
affected by such change and in what way
they will be affected; and
(3) Whether the proposed amendment is made
necessary because of changed or changing condi-
tions in the areas and zoning districts affect-
ed, and, if so, the nature of such changed or
changing conditions.
(c) Amendments to change zoning districts. When
a proposed amendment would result in a change
of the zoning classification of any specific proper-
ty, the report of the planning commission shall
contain statements as to the present classifica-
tion, the classification under the proposed amend-
ment, and the reason for seeking such reclassifi-
cation, and findings as to the following:
(1) Whether the change in classification would
be consistent with the intent and purpose of
this chapter;
(2) Whether every use that would be permitted
on the property if it were reclassified would
be compatible with the uses permitted on other
property in the immediate vicinity;
(3) Whether adequate sewer and water facilities,
and all other needed public services, exist or
can be provided to serve the uses that would
be permitted on the property if it were reclassified;
~ 42-39
(4) Whether the proposed amendment would cor-
rect an error in the application of this chap-
ter; and
(5) Whether the proposed amendment is made
necessary because of changed or changing condi-
tions in the area affected, and, if so, the na-
ture of such changed or changing c0'nditions.
(Code 1966, ~ 36-204)
Sec. 42-26. Action by board of commissioners.
(a) Adoption of amendments. The board of com-
missioners shall not act upon a proposed amend-
ment to this chapter until it shall have received a
written report and recommendation from the plan-
ning commission. If a proposed amendment is not
acted upon finally by the board of commissioners
within one hundred twenty (120) days of the date
upon which the planning commission report is
received, such proposed amendment shall be deemed
to have been denied, unless the applicant for such
amendment shall have consented to an extension
of such period of time. Whenever a proposed amend-
ment has been denied, such amendment shall not
thereafter be passed without a further public hear-
ing and notice thereof as provided in section 42-24.
(b) Protest. If a written protest against a pro-
posed amendment shall be filed in the office of
the city clerk within fourteen (14) days after the
date of the conclusion of the hearing on the pro-
posed amendment pursuant to the published no-
tice, which protest is duly signed and acknowl-
edged by the owners of twenty (20) percent or
more of any property proposed to be rezoned, or
by the owners of twenty (20) percent or more of
the total area, excepting public streets and ways,
located within or without the corporate limits of
the city and within two hundred (200) feet of the
boundaries of the property proposed to be rezoned,
then such amendment shall not be passed except
by at least three-fourths vote of all the members
of the board of commissioners. (Code 1966, ~ 36-205)
State law reference-Appeals to district court, K.S.A. 12-712.
Secs. 42-27-42-39. Reserved.
2467
~ 42-40
SALINA CODE
ARTICLE III. DISTRICTS, MAPS
AND BOUNDARIES
Sec. 42-40. Establishment of districts.
(a) The city is hereby divided into the following
districts, the respective symbol for each type of
district being set forth opposite its title:
Symbol
A-I
RS
R
R-l
R-2
R-2.5
R-3
MH
U
C-l
C-2
C-3
C-4
C-5
C-6
I-I
1-2
1-3
Title
Agricultural District
Single-Family Residential Suburban
District
Single-Family Residential District
Single-Family Residential District
Multiple-Family Residential District
Multiple-Family Residential District
Multiple-Family Residential District
Mobile Home Park District
University District
Restricted Business District
Neighborhood Shopping District
Shopping Center District
Central Business District
Service Commercial District
Heavy Commercial District
Industrial Park District
Light Industrial District
Heavy Industrial District
(b) From time to time, planned development
districts (PDD), flood plain (FP) districts, and her-
itage conservation (He) districts may be estab-
lished pursuant to articles VII, VIII and IX, re-
spectively of this chapter. Each such district may
be designated on the zoning map and in the text
of this chapter by symbol only. (Code 1966, ~
36-300)
Sec. 42-41. Zoning map.
(a) Generally. The areas and boundaries of dis-
tricts are hereby established on the zoning maps
ofthe city, a copy of which is on file in the office of
the zoning administrator. Such maps, referred to
herein as the "zoning map", together with every-
thing shown thereon, is hereby made a part of
this chapter.
(b) Area covered. It is the intent of this chapter
that the entire area of the city, including all land
and water areas, streets, alleys, railroads and other
rights-of-way be included in the districts estab-
lished herein. Any area not shown on the zoning
map as being included in any district shall be
deemed to be in the R-l single-family residential
district. (Code 1966, ~ 36-301)
Sec. 4242. District boundaries on zoning map.
In the event that uncertainties exist with re-
spect to the intended boundaries of the various
districts as shown on the zoning map, the follow-
ing rules shall apply:
(1) District boundaries are the center lines of
streets, alleys or other rights-of-way, unless
otherwise indicated.
(2) Where district boundaries do not coincide with
streets, alleys or other rights-of-way, but do
coincide with lot lines, such lot lines shall be
construed to be the boundary of such district.
(3) Where district boundaries do not coincide with
streets, alleys, other rights-of-way or lot lines,
the district boundaries shall be determined
by use of the scale shown on the zoning map.
(4) When a lot held in one ownership on Febru-
ary 14, 1977, is divided by a district bound-
ary line, the entire lot shall be construed to
be within the less restrictive district unless
the application of this construction would in-
crease the area of the less restrictive portion
of the lot by more than twenty-five (25) percent.
(5) All streets, alleys, public ways, waterways
and railroad rights-of-way, if not otherwise
specifically designated, shall be deemed to be
in the same zone as the property immediately
abutting them. Where the center line of a
street, alley, public way, waterway or rail-
road right-of-way serves as a district bounda-
ry, the zoning of such areas, unless otherwise
specifically designated, shall be deemed to be
the same as that of the abutting property up
to such center line. (Code 1966, ~ 36-302)
Sees. 42-43-42-55. Reserved.
2468
e
e
e
-
e
ZONING REGULATIONS
~ 42-58
ARTICLE IV. GENERAL USE
REGULATIONS
Sec. 42-56. Permitted uses.
No structure shall hereafter be built, moved or
remodeled and no structure or land shall hereaf-
ter be used, occupied or designed for use or occu-
pancy except for a use that is permitted within
the zoning district in which the structure or land
is located. (Code 1966, ~ 36-400)
Sec. 42-57. Conditional uses.
No use of a structure or land that is designated
as a conditional use in any zoning district shall
hereafter be established, and no existing condi-
tional use shall hereafter be changed to another
conditional use in such district unless a condi-
tional use permit is secured in accordance with
the provisions of section 42-597(b). (Code 1966, ~
36-401)
Sec. 42-58. Accessory uses.
No accessory use, building or structure shall be
located in any required front, side or rear yard,
except as provided in subsections (1), (2) and (3)
and that the following permitted accessory uses
will be allowed in any zoning district in connec-
tion with any principal use which is permitted:
(1) Permitted uses. Permitted accessory uses in-
clude, but are not limited to the following:
a. A structure for storage incidental to a
permitted use, provided no such structure
that is accessory to a residential build-
ing shall exceed one hundred sixty (160)
square feet in gross floor area, the use
shall be in keeping with the principal
structure, and provided that no such struc-
ture is located in the front yard setback;
b. A child's playhouse, provided it shall not
be more than one hundred twenty (120)
square feet in gross floor area;
c. A detached garage, provided that no part
of such structure is located in the front
yard setback;
2469
d. A private swimming pool and bathhouse,
provided that no part of such structure
or use is located in the front yard setback;
e. In the RS district only, a guest house
(without kitchen facilities) or rooms for
guests in an accessory building, provided
such facilities are used for the occasional
housing of guests of the occupants of the
principal building, and not as rental units,
for permanent occupancy as housekeep-
ing units and provided that no part of
such structure is located in the front yard
setback;
f. Statuary, arbors, trellises, barbecue stoves,
flagpoles, fences, walls and hedges;
g. Fallout shelters, provided that they shall
not be used for any principal or accessory
use not permitted in the zoning district
and provided that no part of such struc-
ture is located in the front yard setback;
h. Signs, when permitted by article X of
this chapter and by the individual dis-
trict regulations;
1. Off-street parking and loading spaces, as
permitted by article XI of this chapter;
J. Restaurants, drugstores, gift shops, clubs,
lounges and newsstands, when located
in a permitted hotel, motel or office building;
k. Employee restaurants and cafeterias, when
located in a permitted business, manu-
facturing or industrial building;
1. Outdoor storage or overnight parking, in
a residential district, of boats, boat trail-
ers, or recreational vehicles, provided such
storage does not constitute a traffic or
safety hazard, and buses when associated
with a church or school and parked no
closer than fifty (50) feet from any adja-
cent residential district;
m. Wind energy conversion systems (WECS)
under the following restrictions:
1. The minimum distance from all zon-
ing lot lines to any tower, pole or
~ 42-58
SALINA CODE
other support base of the WECS shall
be determined by the following table:
Setback
Rotor Diameter Distance
(feeV (feeV
5 100
10 165
15 220
20 270
25 310
30 340
35 365
40 385
Intermediate rotor size distances shall
be interpolated. The WECS shall not
be located in any required yard.
2. The WECS shall not cause interfer-
ence to microwave communications
or radio and television reception in
the area. Noise levels measured at
the lot line shall not exceed sixty
(60) dBA in a residential zone.
3. To limit climbing access to a WECS
tower, or other support structure, a
six (6) foot high fence with locking
portal shall be placed around the WECS
support or if a tower is utilized, the
tower climbing apparatus shall be
limited to no lower than twelve (12)
feet from the ground or the WECS
support may be mounted on a roof
top.
4. All blades of a WECS shall be con-
structed of non-metallic substances.
If the applicant can prove, in writ-
ten form, that no electromagnetic in-
terference will result, a metal con-
tent of up to twenty-five (25) percent
will be acceptable.
5. The WECS shall be located in com-
pliance with the guidelines of the
federal aviation regulations with re-
gard to airport approach (15.503) and
clearance around VOR and DVOR
stations.
6. Height of the WECS shall not exceed
the maximum height restriction in
the zone where it is located by more
than twenty (20) feet. The height of
the WECS shall be measured at the
center of the blade diameter.
7. Data pertaining to the WECS's safety
and structural integrity shall be cer-
tified by a licensed engineer and filed
with the building permit application.
The tower or support and top adap-
tor shall meet the restrictions speci-
fied in the city's building code.
8. The WECS, if interconnected to a
utility system, shall meet the require-
ments for interconnection and oper-
ation as set forth in the electric util-
ity's current service regulations appli-
cable to WECS.
9. A plot plan shall be submitted with
the application for building permit
showing the proposed location and
height of the WECS, fencing and all
existing buildings within two hun-
dred (200) feet ofthe exterior lot lines.
10. The owner/operator shall provide cov-
enants, easements or similar docu-
mentation to assure sufficient wind
to operate the WECS unless adequate
accessability [accessibility] to the wind
is provided by the site.
11. The owner/operator shall certify that
the WECS does not violate any cov-
enants of record.
12. The applicant shall provide a certif-
icate of liability insurance. Annually
the owner/operator shall present ev-
idence to the zoning administrator
that the liability insurance is still in
effect.
(2) Bulk regulations. Accessory structures and
uses shall comply with the bulk regulations
applicable in the zoning district in which they
are located, and:
a. Shall be set back at least five (5) feet
from the rear lot line when no alley ex-
ists and ten (10) feet when an alley exists;
b. Shall maintain a three (3) foot side yard,
except that no part of any accessory build-
ing shall be located closer than three (3)
feet in residential districts and ten (10)
2470
e
e
e
-
e
ZONING REGULATIONS
feet in all other districts to any principal
structure, either on the same lot or an
adjacent lot, unless it is attached to, or
forms a part of, such principal structure;
c. Shall, on corner lots, be set back from
the side street a distance not less than
that required for the principal structure;
and
d. Fences shall comply with article XII of
chapter 8.
(3) Use limitations. Accessory structures and uses
shall comply with the use regulations appli-
cable in the zoning district in which they are
located, but no accessory structure shall be
constructed and occupied on any lot prior to
the time of the completion of the construction
of the principal structure to which it is acces-
sory. (Code 1966, ~ 36-402; Ord. No. 81-8874,
~ 1, 9-14-81)
Sec. 42-59. Temporary uses.
The following temporary uses of land are per-
mitted subject to the specific regulations and time
limits which follow, and to the other applicable
regulations of the district in which the use is
permitted:
(1) Christmas tree sales in any commercial or
industrial district for a period not to exceed
forty-five (45) days; display of such trees need
not comply with the yard and setback require-
ments of these regulations provided that no
tree shall be displayed within thirty (30) feet
of the intersection of the curb line of any two
(2) streets;
(2) Contractors office and equipment sheds (con-
taining no sleeping or cooking accommoda-
tions) accessory to a construction project, and
to continue only during the duration of such
project;
(3) Real estate offices (containing no sleeping or
cooking accommodations) incidental to a new
housing development to continue only until
the sale or lease of all dwelling units in the
development;
(4) Seasonal sale of farm produce (including Christ-
mas trees) grown on the premises in an A-I
~ 42-60
or RS district, to continue for not more than
four (4) months per year; structures inciden-
tal to such sale need not comply with the
applicable front yard requirements if the struc-
tures are removed or moved back of required
front yard setback line at the end of the sea-
son during which they are used;
(5) Promotional activities of retail merchants in-
volving the display only of goods and mer-
chandise that are for sale within the princi-
pal structure, conducted outside of such struc-
ture for a period of not more than two (2)
consecutive weeks in any three (3) month pe-
riod provided that: '
a. No portion of the display shall be on pub-
licly owned property unless the applicant
shall first have obtained approval for such
use from the city;
b. No required off-street parking or loading
area will be utilized for such display, stor-
age or dispensing;
c. No food or drink shall be displayed out-
side the building except in accordance
with standards and prior written approval
of the health department; and
d. These provisions shall in no way be deemed
to authorize the outdoor display of au-
tomobiles, trailers and equipment rental
or the sale of used furniture, appliances,
plumbing, housewares, building materi-
als or similar display or sale in any busi-
ness district except as otherwise permit-
ted by this chapter.
(6) Garage sale, as defined, in any residential
district limited to three (3) consecutive days
in any six (6) month period. Where such sale
is conducted on premises exterior to any struc-
ture, all sale items shall be removed from
such exterior premises within one day follow-
ing the day the sale is concluded. (Code 1966,
~ 36-403)
Sec. 42-60. Home occupations.
A profession or other occupation not otherwise
permitted in the district where located, which is
conducted as an accessory use on a residential lot
2471
~ 42-60
SALINA CODE
by one or more members of the family residing on c. Day care homes, provided such homes
the premises, may be permitted if it conforms to shall have all yard areas enclosed that
the following restrictions: are devoted to such use;
(1) In the districts where permitted: d. Dressmaker, seamstress, tailor;
a. No stock in trade (except articles produced e. Hobby breeder, provided that no more
by members of the immediate family re- than ten (10) dogs are kept on the zoning
siding on the premises) shall be displayed lot and that the provisions of section 7-102
or sold on the premises; have been complied with;
b. No alteration of the principal residential f. Home crafts, provided that no machin-
building shall be made which changes ery or equipment shall be used or em-
the character thereof as a dwelling; ployed, other than that which would cus-
c. No more than twenty-five (25) percent of tomarily be found in the home, including
the area of one story of a single-family machinery or equipment that would cus-
dwelling, nor more than twenty (20) per- tomarily be employed in connection with
cent of the area of any other dwelling a hobby or avocation not conducted for
unit, shall be devoted to the home occu- gain or profit;
pation, provided, however, that rooms let g. Ministers, rabbis, priests;
to roomers are not subject to this limitation; h. Music and dancing teaching limited to a
d. No mechanical or electrical equipment single pupil at a time, except for occa-
other than normal domestic or household sional groups;
equipment shall be used; 1. Office facility for salesman, sales repre-
e. No outdoor storage of equipment or ma- sentative, manufacturer's representative,
terials used in the home occupation shall when no retail, wholesale, or exchange
be permitted; of goods is made or transacted on the
f. No person other than a member of the premIses;
immediate family occupying such dwell- J. Professional office for physician, dentist,
ing unit shall be employed; lawyer, engineer, architect, accountant,
g. The home occupation shall be conducted real estate agent, or similar use.
entirely within the principal. residential (3) Prohibited home occupations. Home occupa-
building; tions shall not be deemed to include:
h. No exterior sign or display shall be per- Automobile repair service;
mitted, except one nonilluminated wall a.
sign, not over two (2) square feet in sign b. Funeral homes;
area. Medical or dental clinics or hospitals;
c.
(2) Permitted home occupations. In particular, home d. Nursery schools and group day care cen-
occupations may include, but are not limited ters, unless specifically permitted by the
to: district regulations;
a. Artists, sculptors, authors, composers, Renting of trailers, cars or other equipment;
photographers; e.
b. Barber and beauty shops, provided that f. Restaurants;
only one operator shall be permitted; g. Stables, kennels and animal hospitals;
2472
e
e
e
-
e
ZONING REGULATIONS
h. Tourist homes, unless specifically permit-
ted by district regulations. (Code 1966, ~
36-404; Ord. No. 81-8863, ~ 1, 8-3-81)
Sec. 42-61. Number of structures and uses
on the zoning lot and access to
the lot.
(a) Not more than one principal residential struc-
ture shall be located on a single zoning lot, unless
permitted by the district regulations in which
located, nor shall a principal residential building
be located on the same zoning lot with any other
principal building, except as may be permitted by
article VII of this chapter relating to planned
development districts.
(b) In agricultural, commercial or industrial dis-
tricts, any number of structures (except residen-
tial structures) and uses may be constructed or
established on a single zoning lot, but no single
zoning lot shall be smaller than the minimum lot
area prescribed for the district in which it is located.
(c) No land which is located in a residential
district shall be used for a driveway, walkway or
access purpose to any land which is located in any
commercial or industrial district. (Code 1966, ~
36-405)
Sec. 42-62. Sewer and water facilities.
The health department shall approve all pro-
posed sewer and water systems other than those
defined as public. (Code 1966, ~ 36-406)
Cross reference-Water and sewers generally, Ch. 41.
Secs. 42-63-42-75. Reserved.
ARTICLE V. GENERAL BULK
REGULATIONS
Sec. 42-76. Bulk requirements.
(a) In this chapter, bulk requirements are ex-
pressed in terms of maximum structure height,
maximum lot coverage, minimum setbacks and
minimum front, side and rear yards. No struc-
ture, or part thereof, shall hereafter be built, or
moved or remodeled, and no structure or land
shall hereafter by used, occupied, arranged or de-
signed for use of occupancy:
~ 42.78
(1) So as to exceed the maximum lot coverage
percentage, or the maximum of structure height
specified for the zoning district in which the
structure is located;
(2) So as to provide any setback or front, side or
rear yard that is less than that specified for
the zoning district in which such structure or
use of land is located or maintained;
(3) Which is smaller in area than the minimum
area, or minimum lot area per dwelling unit,
required in the zoning district in which the
structure or land is located;
(4) Which is narrower than the minimum lot
width required in the zoning district in which
the structure or land is located; or
(5) Which is shallower than the minimum lot
depth required in the zoning district in which
the structure or land is located.
(b) No existing structure shall hereafter be re-
modeled so as to conflict or further conflict with
the lot area per dwelling unit requirements for
the zoning district. (Code 1966, ~ 36-500)
Sec. 42-77. Yard requirements for open land.
If a zoning lot is, or will be, occupied by a
permitted use without structures, then the min-
imum setback and minimum side and rear yards
that would otherwise be required for such zoning
lots shall be provided and maintained unless some
other provision of this chapter requires or per-
mits a different minimum setback, front, side or
rear yard. The front, side and rear yards shall not
be required on zoning lots used for garden pur-
poses without structures, or on zoning lots used
for open public recreation areas. (Code 1966, ~
36-501)
Sec. 42-78. Restrictions on allocation and dis-
position of required yards or open
space.
(a) No part of the lot area, or of a yard, or other
open space, or off-street parking or loading space
provided in connection with any structure or use
in order to comply with this chapter shall, by
reason of change of ownership or otherwise, be
included as part of the minimum lot area or of a
2473
~ 42-78
SALINA CODE
yard, or open space, or off-street parking or load-
ing space required for any other structure or use,
except as specifically provided herein.
(b) All of the lot area and all yards and other
open spaces provided in connection with any struc-
ture or use in order to comply with this chapter
shall be located on the same lot as such structure
or. use.
(c) No part of the lot area, or of a yard, or other
open space, or off-street parking or loading space
provided in connection with any structure or use
(including, but not limited to, any structure or
use existing on the effective date of this chapter
or of any amendment thereof) shall be subsequently
reduced below, or further reduced if already less
than, the minimum requirements of this chapter
for the equivalent new construction. (Code 1966,
~ 36-502)
Sec. 42-79. Permitted obstructions in required
yards.
The following shall not be considered to be ob-
structions when located in a required yard:
(1) In all yards. Open terraces not over thirty-six
(36) inches above the average level of the
adjoining ground but not including a perma-
nently roofed-over terrace or porch; awnings
or canopies; steps thirty-six (36) inches or less
above grade which are necessary for access to
a permanent structure or for access to a lot
from a street or alley; arbors and trellises;
flagpoles; and signs, when permitted by arti-
cle X of this chapter.
(2) In any yard except a front yard. Accessory
uses permitted by article IV of this chapter;
recreational and laundry drying equipment;
and open space and enclosed fences not ex-
ceeding six (6) feet in height. If any provision
in this chapter requires a fence in a front
yard, or a fence that has a minimum height
in excess of five (5) feet, then such fence shall
be a permitted obstruction within the mean-
ing of this section.
(3) In front yards. Open, unenclosed porches pro-
jecting eight (8) feet or less and fences on
corner or double frontage lots in accordance
with the requirements of section 8-407(1). (Code
1966, ~ 36-503; Ord. No. 80-8795, ~ 1, 6-23-80;
Ord. No. 81-8842, S 1, 3-23-81)
Sec. 42-80. Lot size requirements and bulk
regulations for public utility
facilities.
Notwithstanding any other provision of this chap-
ter, none of the following public utility or public
service uses shall be required to comply with the
lot size requirements and bulk regulations of the
zoning district in which they are located:
(1) Cable TV poles;
(2) Electric and telephone substations and dis-
tribution systems;
(3) Gas regulator stations;
(4) Poles, wires, cables, conduits, vaults, later-
als, pipes, mains, valves, or other similar equip-
ment for the transmission of electricity, gas
or water;
(5) Pumping stations;
(6) Radio, television and microwave transmitting
or relay stations and towers;
(7) Transformer stations;
(8) Water towers or standpipes;
(9) Any other similar use. (Code 1966, S 36-504)
Sec. 42-81. Obstructing visibility at intersec-
tions.
See sections 35-51 et seq., for regulations con-
cerning obstructing visibility at intersections. (Code
1966, ~ 36-505)
Sees. 42-82-42-100. Reserved.
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sees. 42-101-42-110. Reserved.
DIVISION 2. A-I AGRICULTURAL DISTRICT
Sec. 42-111. Design.
The A-I district is designed to reflect the pat-
tern of land uses that are found in the rural areas
of the city. (Code 1966, S 36-600)
2474
e
e
e
-
e
ZONING REGULATIONS
Sec. 42-112. Permitted uses.
Permitted uses in the A-I district are as follows:
(1) Agriculture, as defined in this chapter;
(2) Cemeteries, including crematories and mau-
soleums when used in conjunction with a
cemetery, but not including mortuaries;
(3) Dog kennels or animal hospitals, provided
no structure or pen housing any animals
shall be located nearer than seven hundred
fifty (750) feet to the boundary of any resi-
dential district;
(4) Dwellings, single-family;
(5) Family-care facilities;
(6) Oil or gas well drilling, provided such well
is, or will be, located more than five hun-
dred (500) feet from any school, residential
district boundary, or any residential build-
ing other than a residential building occu-
pied by the owner, lessee or operator of the
premises on which the well is located (see
section 42-113);
(7) Public service and public utility uses, as
follows, provided such use is, or will be,
located more than three hundred (300) feet
from the boundary of any residential dis-
trict (see section 42-113):
a. Ambulance service;
b. Electric and telephone substations and
distribution centers;
c. Gas regulator stations;
d. Poles, wires, cables, conduits, vaults,
laterals, pipes, mains, valves and other
similar equipment for the transmission,
as distinguished from distribution to
consumers, of telephone or other com-
munications, electricity, gas or water,
operated or maintained by a public util-
ity, as defined in this chapter;
e. Police and fire stations;
f. Pumping stations;
g. Radio, television and microwave trans-
mitting or relay stations and towers;
h. Telephone exchanges;
~ 42-112
1. Transformer stations;
J. Water reservoirs and standpipes;
(8) Recreational and social facilities, as follows:
a. Country clubs, including golf, swimming
and tennis clubs;
b. Golf courses, but not including golf driv-
ing ranges, pitch and putt, or minia-
ture golf courses;
c. Parks and playgrounds;
d. Privately owned dwellings for seasonal
occupancy and not designed or used for
permanent occupancy, such as summer
homes and cottages, and hunting and
fishing lodges and cabins;
e. Public athletic fields.
(9) Religious institutions, as follows:
a. Churches, chapels, temples, synagogues,
cathedrals, and shrines;
b. Convents, seminaries, monasteries, and
nunneries;
c. Rectories, parsonages and parish houses.
(10) Riding stables, provided no structure hous-
ing horses shall be located nearer than seven
hundred fifty (750) feet to the boundary of
any residential district;
(11) Well head stations, well separators and other
similar above-the-ground facilities customarily
used for the distribution, transmission or
storage of oil or natural gas, provided no
such equipment shall be located nearer than
five hundred (500) feet from the boundary
of any residential district. Such equipment
may be in enclosed buildings or in the open,
but it must be completely enclosed behind
a chain link fence with a two (2) inch or
less mesh, or its equivalent, not less than
six (6) feet in height;
(12) Accessory and temporary uses, and home
occupations, as permitted by article IV of
this chapter;
(13) Signs, as permitted by article X of this chapter;
(14) Off-street parking, as required by article
XI of this chapter. (Code 1966, ~ 36-600(1);
Ord. No. 80-8796, ~ 1, 7-7-80)
2475
~ 42-113
SALINA CODE
Sec. 42-113. Conditional uses.
Conditional uses in the A-I district are as follows:
(1) Airports;
(2) Campgrounds, subject to the provisions of
section 42-224(b) and (c);
(3) Community sewage treatment plants;
(4) Educational institutions as follows:
a. Boarding schools and academies;
b. Colleges and universities;
c. Primary, intermediate and secondary
schools.
(5) Excavation, extraction, or mining of sand,
gravel, or other raw materials from the
earth for resale. The conditions imposed on
such excavation, extraction, or mining may
include, but are not limited to, requirements
for setbacks from schools and residential
districts, screening, fencing, redevelopment,
and restrictions on the grade of the excava-
tion and vehicular access thereto;
(6) Greenhouses and nurseries;
(7) Group-care facilities;
(8) Group day-care centers when located in a
nonresidential building;
(9) Hospitals, sanitariums, rest homes and nurs-
ing homes;
(10) Libraries and museums;
(11) Noncommercial recreational buildings,
community centers, auditoriums, sta-
diums, and arenas;
(12) Oil or gas well drilling when not permitted
by section 42-112;
(13) Power plants;
(14) Public service and public utility uses listed
in section 42-112(7), but which are, or will
be located nearer than three hundred (300)
feet to the boundary of a residential district;
(15) Public utility substations;
(16) Recreational facilities such as campgrounds,
youth camps, gun clubs, and skeet and trap
shooting ranges;
(17) Sanitary landfill, subject to state require-
ments. (Code 1966, ~ 36-600(2); Ord. No.
80-8796, ~ 2,7-7-80)
Sec. 42-114. Lot size requirements.
Lot size requirements in the A-I district are as
follows:
(1) Minimum lot area: four (4) acres.
(2) Minimum lot width: two hundred (200) feet.
(3) Minimum lot depth: two hundred (200) feet.
(Code 1966, ~ 36-600(3))
Sec. 42-115. Bulk regulations.
Bulk regulations in the A-I district are as follows:
(1) Maximum structure height: forty-five (45) feet.
(2) Yard requirements:
a. Minimum front yard: fifty (50) feet, meas-
ured from the front lot line, or eighty
(80) feet, measured from the center line
of the street or highway, whichever is
greater.
b. Minimum side yard on each side of a
zoning lot:
1. Single-family dwellings: ten (10) feet.
2. All other permitted and conditional
uses: twenty-five (25) feet.
c. Minimum rear yard: twenty-five (25) feet.
(Code 1966, ~ 36-600(4))
Sees. 42-116-42-125. Reserved.
DIVISION 3. RS SINGLE-F AMIL Y
RESIDENTIAL SUBURBAN
DISTRICT
Sec. 42-126. Design.
The RS district is designed for single-family
dwellings and compatible uses, at a density not
less than one acre per dwelling unit (1 unit/acre).
(Code 1966, ~ 36-601)
Sec. 42-127. Permitted uses.
Permitted uses in the RS district are as follows:
2476
e
e
e
-
e
ZONING REGULATIONS
~ 42-141
(1) Agriculture as defined in this chapter;
(2) Dwellings, single-family detached;
(3) Family-care facilities;
(4) Golf courses, not including accessory club-
houses, golf driving ranges, pitch and putt
or miniature golf courses;
(5) Parks and playgrounds;
(6) Accessory and temporary uses and home
occupations, as permitted by article IV of
this chapter;
(7) Signs, as permitted by article X of this chapter;
(8) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-601(1); Ord. No. 80-8796, ~ 3, 7-7-80)
Sec. 42-128. Conditional uses.
Conditional uses in the RS district are as follows:
(1) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group-care facilities;
(3) Group day-care centers;
(4) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(5) Hospitals, sanitariums, rest homes and nurs-
ing homes;
(6) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission, and provided further, that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commISSIOn:
a. Substations;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Ambulance services.
(7) Schools: primary, intermediate and secondary;
(8) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
(9) YMCA, YWCA and other similar uses, as
defined in this chapter. (Code 1966, ~ 36-601(2);
Ord. No. 80-8796, ~ 4, 7-7-80; Ord. No. 81-8863,
~ 2, 8-3-81)
Sec. 42-129. Lot size requirements.
Lot size requirements in the RS district are as
follows:
(1) Minimum lot area: one acre.
(2) Minimum lot width: one hundred (100) feet.
(3) Minimum lot depth: one hundred fifty (150)
feet. (Code 1966, ~ 36-601(3))
Sec. 42-130. Bulk regulations.
Bulk regulations in the RS district are as follows:
(1) Maximum structure height: thirty-five (35)
feet.
(2) Yard requirements:
a. Minimum front yard measured from cen-
ter line of street, eighty (80) feet or meas-
ured from front lot line, fifty (50) feet,
whichever is greater.
b. Minimum side yard on each side of a
zoning lot:
1. Single-family dwellings: ten (10) feet.
2. All other permitted and conditional
uses: twenty-five (25) feet.
c. Minimum rear yard: thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent.
(Code 1966, ~ 36-601(4))
Sees. 42-131-42-140. Reserved.
DIVISION 4. R SINGLE-FAMILY
RESIDENTIAL DISTRICT
Sec. 42-141. Design.
The R district is designed to provide a single-
family dwelling zone at a density of not less than
2477
~ 42-141
SALINA CODE
eight thousand five hundred (8,500) square feet
per dwelling unit (5.1 units/acre). (Code 1966, ~
36-602)
Sec. 42-142. Permitted uses.
Permitted uses in the R district are as follows:
(1) Agriculture, as defined in this chapter;
(2) Dwellings, single-family detached;
(3) Family-care facilities;
(4) Golf courses, but not including accessory
clubhouses, or golf driving ranges, pitch
and putt or miniature golf courses;
(5) Parks and playgrounds;
(6) Accessory and temporary uses and home
occupations, as permitted by article IV of
this chapter;
(7) Signs, as permitted by article X of this chapter;
(8) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-602(1); Ord. No. 80-8796, ~ 5, 7-7-80)
Sec. 42-143. Conditional uses.
Conditional uses in the R district are as follows:
(1) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group-care facilities;
(3) Group day-care centers;
(4) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(5) Hospitals, sanitariums, rest homes and nurs-
ing homes;
(6) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission and provided further that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commISSIOn:
a. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(7) Schools: primary, intermediate and secondary;
(8) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
(9) YMCA, YWCA and other similar uses, as
defined in this chapter. (Code 1966, ~ 3(H)02(2);
Ord. No. 8(kI3796, ~ 6, 7-7-80; Ord. No. 81-8863,
~ 3, 8-3-81)
Sec. 42-144. Lot size requirements.
Lot size requirements in the R district are as
follows:
(1) Minimum lot area:
a. Single-family detached dwellings: eight
thousand five hundred (8,500) square feet.
b. All other permitted and conditional uses:
fifteen thousand (15,000) square feet.
(2) Minimum lot width:
a. Single-family detached dwellings: seventy
(70) feet.
b. All other permitted and conditional uses:
one hundred (100) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-602(3))
Sec. 42-145. Bulk regulations.
Bulk regulations for the R district are as follows:
(1) Maximum structure height: thirty-five (35)
feet.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the fol-
lowing various types of streets shall
maintain the following yard re-
quirements regardless of whether it
is a front, side, or rear yard, or any
combination thereof:
2478
e
e
e
-
e
ZONING REGULATIONS
1. Residential street: twenty-five (25)
feet from the property line or
fifty-five (55) feet from the cen-
ter line, whichever is greater.
11. Collector street: twenty-five (25)
feet from the property line or
sixty-five (65) feet from the cen-
ter line, whichever is greater.
Ill. Arterial street: twenty-five (25)
feet from the property line or
seventy-five (75) feet from the
center line, whichever is greater.
2. Where not less than seventy (70) per-
cent of the zoning lots between two
(2) intersecting public street rights-
of-way have developed, any newly con-
structed single-family dwelling may
maintain the same front yard setback
of either adjacent existing dwelling,
provided that all of the following con-
ditions exist:
1. The adjacent property to be
matched has not been granted a
variance for front yard setback.
11. Neither adjacent land use is used
for nonresidential purposes.
111. The proposed dwelling is not to
be placed on a corner lot.
IV. The structure is proposed to be
placed no closer than fifteen (15)
feet from the front property line.
b. Minimum side yards:
1. Residential buildings: seven and five-
tenths (7.5) feet on each side of the
zoning lot.
2. All other permitted and conditional
uses: fifteen (15) feet on each side of
the zoning lot, except accessory uses
which shall be permitted and governed
by article IV of this chapter.
c. Minimum rear yard: thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent.
(Code 1966, ~ 36-602(4))
Sees. 42-146-42-155. Reserved.
~ 42-158
DIVISION 5. R-l SINGLE-FAMILY
RESIDENTIAL DISTRICT
Sec. 42-156. Design.
The R-l district is designed to provide a dwell-
ing zone at a density of not less than six thousand
(6,000) square feet per dwelling unit (7.26 units/acre).
(Code 1966, ~ 36-603)
Sec. 42-157. Permitted uses.
Permitted uses in the R-l district are as follows:
(1) Dwellings, single-family detached;
(2) Family-care facilities;
(3) Golf courses, but not including accessory
clubhouses, or golf driving ranges, pitch
and putt or miniature golf courses;
(4) Home occupations;
(5) Parks and playgrounds;
(6) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(7) Signs, as permitted by article X of this chapter;
(8) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-603(1); Ord. No. 80-8796, ~ 7, 7-7-80)
Sec. 42-158. Conditional uses.
Conditional uses in the R-l district are as follows:
(1) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group-care facilities;
(3) Group day-care centers and nursery schools;
(4) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(5) Hospitals, sanitariums, rest homes and nurs-
ing homes, provided that they shall be screened
from adjacent residential property and shall
be located on an arterial street;
2479
~ 42-158
SALINA CODE
(6) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission, and provided further, that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
a. Ambulance service;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes;
(7) Schools: primary, intermediate and secondary;
(8) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
(9) YMCA, YWCA and other similar uses, as
defined in this chapter. (Code 1966, ~ 3(H)()3(2);
Ord. No. 80-8796, ~ 8, 7-7-80; Ord. No. 81-8863,
~ 4, 8-3-81)
Sec. 42-159. Lot size requirements.
Lot size requirements in an R-l district are as
follows:
(1) Minimum lot area:
a. Single-family detached dwellings: six thou-
sand (6,000) square feet.
b. All other permitted and conditional uses:
fifteen thousand (15,000) square feet.
(2) Minimum lot width:
a. Single-family detached dwellings: sixty
(60) feet.
b. All other permitted and conditional uses:
one hundred (100) feet.
(3) Minimum lot depth: eighty (80) feet. (Code
1966, ~ 36-603(3))
Sec. 42-160. Bulk regulations.
Bulk regulations in the R-1 district are as follows:
(1) Maximum structure height: thirty-five (35)
feet.
2480
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the fol-
lowing various types of streets shall
maintain the following yard re-
quirements regardless of whether it
is a front, side, or rear yard, or any
combination thereof:
1. Residential street: twenty-five (25)
feet from the property line or
fifty-five (55) feet from the cen-
ter line, whichever is greater.
11. Collector street: twenty-five (25)
feet from the property line or
sixty-five (65) feet from the cen-
ter line, whichever is greater.
Ill. Arterial street: twenty-five (25)
feet from the property line or
seventy-five (75) feet from the
center line, whichever is greater.
2. Where not less than seventy (70) per-
cent of the zoning lots between two
(2) intersecting public street rights-
of-way have developed, any newly con-
structed single-family dwelling may
maintain the same front yard setback
of either adjacent existing dwelling,
provided that all of the following con-
ditions exist:
1. The adjacent property to be
matched has not been granted
a variance for front yard setback.
11. Neither adjacent land use is used
for nonresidential purposes.
111. The proposed dwelling is not to
be placed on a corner lot.
IV. The structure is proposed to be
placed no closer than tifteen (15)
feet from the front property line.
b. Minimum side yard:
1. Residential buildings: seven and five-
tenths (7.5) feet on each side of the
zoning lot.
2. All other permitted and conditional
uses: twenty-five (25) feet on each
side of the zoning lot, except acces-
e
e
e
-
e
ZONING REGULATIONS
~ 42-173
sory uses which shall be permitted
and governed by article IV of this
chapter.
c. Minimum rear yard: twenty-five (25) per-
cent of the depth of the lot but need not
exceed thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent.
(Code 1966, ~ 36-603(4))
Sees. 42-161-42-170. Reserved.
DIVISION 6. R-2 MULTIPLE-FAMILY
RESIDENTIAL DISTRICT
Sec. 42-171. Design.
The R-2 district is designed to provide for multiple-
family development at a minimum of three thou-
sand (3,000) square feet per dwelling unit with
the provision that no single lot may be less than
six thousand (6,000) square feet in area (14.5
units/acre). (Code 1966, ~ 36-604)
Sec. 42-172. Permitted uses.
Permitted uses in the R-2 district are as follows:
(1) Dwellings:
a. Single-family;
b. Two-family;
c. Multifamily;
d. Rooming and boardinghouses.
(2) Family-care facilities;
(3) Golf courses, but not including accessory
clubhouses or commercial golf driving rang-
es, pitch and putt or miniature golf courses;
(4) Home occupations;
(5) Parks and playgrounds;
(6) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(7) Signs, as permitted by article X of this chapter;
(8) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-604(1); Ord. No. 80-8796, ~ 9, 7-7-80)
Sec. 42-173. Conditional uses.
Conditional uses in the R-2 district are as follows:
(1) Armories;
(2) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(3) Group-care facilities;
(4) Group day-care centers and nursery schools;
(5) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(6) Hospitals, sanitariums, rest homes, and nurs-
ing homes, provided that they shall be screened
from adjacent residential property and shall
be located on an arterial street;
(7) Mortuaries and funeral homes;
(8) Pharmacies when located in a medical or
dental office building, provided they can be
entered only from an interior lobby or hall-
way and that there is no advertising or
display visible from the exterior of the
structure;
(9) Professional offices of doctors, dentists, at-
torneys, accountants and other similar
professions;
(10) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission and provided further that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
a. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(11) Schools: primary, intermediate and secondary;
(12) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
2481
~ 42-173
SALINA CODE
(13) YMCA, YWCA and other similar uses, as
defined in this chapter. (Code 1966, ~ 36-604(2);
Ord. No. 80-8796, ~ 10, 7-7-80; Ord. No.
81-8863, ~ 5, 8-3-81)
Sec. 42-174. Lot size requirements.
Lot size requirements in the R-2 district are as
follows:
(1) Minimum lot area:
a. Single-family detached dwellings: six thou-
sand (6,000) square feet.
b. Single-family attached or two-family dwell-
ings: not less than three thousand (3,000)
square feet per family.
c. Multifamily: three thousand (3,000) square
feet per family but not less than six thou-
sand (6,000) square feet.
d. Other permitted and conditional uses: fif-
teen thousand (15,000) square feet.
(2) Minimum lot width:
a. Single-family dwelling: fifty (50) feet.
b. Two-family dwelling: fifty (50) feet.
c. Multiple-family dwellings and other per-
mitted and conditional uses: sixty (60)
feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-604(3))
Sec. 42-175. Bulk regulations.
Bulk regulations in the R-2 district are as follows:
(1) Maximum structure height: fifty (50) feet ex-
cept as provided in subsection (2)b.3.
(2) Yard requirements:
a. Front yard: Property located adjacent to
the following various types of streets shall
maintain the following yard requirements
regardless of whether it is a front, side,
or rear yard, or any combination thereof:
1. Residential street: twenty-five (25) feet
from the property line or fifty-five
(55) feet from the center line, which-
ever is greater.
2. Collector street: twenty-five (25) feet
from the property line or sixty-five
(65) feet from the center line, which-
ever is greater.
3. Arterial street: twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, which-
ever is greater.
b. Minimum side yard:
1. Residential buildings: seven and five-
tenths (7.5) feet on each side of the
zorllng lot, except that residential build-
ings which have the entrances to two
(2) or more units facing the side yard
shall have a minimum side yard of
ten (10) feet on the side of the build-
ing on which such entrances are located.
2. All other permitted and conditional
uses shall have a side yard on each
side of twenty (20) feet, except acces-
sory uses which shall be permitted
and governed by article IV of this
chapter.
3. There shall be an additional side yard
setback of one foot for each two (2)
feet of height over forty (40) feet.
c. Minimum rear yard: twenty-five (25) feet.
(3) Maximum lot coverage: forty (40) percent. (Code
1966, ~ 36-604(4))
Sees. 42-176-42-185. Reserved.
DIVISION 7. R-2.5 MULTIPLE-FAMILY
RESIDENTIAL DISTRICT
Sec. 42-186. Design.
The R-2.5 district is designed to provide for
multiple-family development at minimum of two
thousand (2,000) square feet per dwelling unit
with the provision that no single lot may be less
than six thousand (6,000) square feet in area (21.8
units/acre). (Code 1966, ~ 36-604A)
2482
e
e
e
-
e
ZONING REGULATIONS
Sec. 42-187. Permitted uses.
Permitted uses in the R-2.5 district are as follows:
(1) Dwellings:
a. Single-family;
b. Two-family;
c. Multiple-family;
d. Rooming and boardinghouses.
(2) Family-care facilities;
(3) Golf courses, but not including accessory
clubhouses or commercial golf driving rang-
es, pitch and putt or miniature golf courses;
(4) Group-care facilities;
(5) Home occupations;
(6) Parks and playgrounds;
(7) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(8) Signs, as permitted by article X of this chapter;
(9) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-604A(1); Ord. No. 80-8796, ~ 11, 7-7-80)
Sec. 42-188. Conditional uses.
Conditional uses in the R-2.5 district are as
follows:
(1) Armories;
(2) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(3) Group day-care centers and nursery schools;
(4) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(5) Hospitals, sanitariums, rest homes, and nurs-
ing homes, provided that they shall be screened
from adjacent residential property and shall
be located on an arterial street;
(6) Mortuaries and funeral homes;
(7) Multiple-family dwellings for elderly and/or
handicapped persons with the following per-
~ 42-188
mitted exceptions to the required bulk and
lot size:
a. Minimum lot area: five hundred (500)
square feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: one hun-
dred fifty (150) feet except as pro-
vided in subsection (9)b.2.
2. Minimum yard requirements:
i. Front yard: thirty (30) feet on
all sides abutting a street.
11. Side yard: fifteen (15) feet ex-
cept there shall be an additional
side yard setback of one foot
for each two (2) feet of height
over fifty (50) feet.
111. Rear yard: twenty-five (25) feet.
(8) Pharmacies when located in a medical or
dental office building, provided they can be
entered only from an interior lobby or hall-
way and that there is no advertising or
display visible from the exterior of the
structure;
(9) Professional offices of doctors, dentists, at-
torneys, accountants and other similar
professions;
(10) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission and provided further that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
a. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(11) Schools: primary, intermediate and secondary;
(12) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
(13) YMCA, YWCA and other similar uses, as
defined in this chapter. (Code 1966, ~
36-604A(2); Ord. No. 80-8796, ~ 12, 7-7-80;
Ord. No. 81-8863, ~ 6, 8-3-81)
2483
~ 42-189
SALINA CODE
Sec. 42-189. Lot size requirements.
Lot size requirements in the R-2.5 district are
as follows:
(1) Minimum lot area:
a. Single-family detached dwellings: six thou-
sand (6,000) square feet.
b. Single-family attached or two-family dwell-
ings: not less than three thousand seven
hundred fIfty (3,750) square feet per family.
c. Multiple-family: two thousand (2,000) square
feet per family but not less than six thou-
sand (6,000) square feet.
d. Other permitted and conditional uses: fIf-
teen thousand (15,000) square feet.
(2) Minimum lot width:
a. Single-family dwelling: fifty (50) feet.
b. Two-family dwelling: fifty (50) feet.
c. Multiple-family dwellings and other per-
mitted and conditional uses: sixty (60)
feet.
(3) Minimum lot depth: one hundred (l00) feet.
(Code 1966, ~ 36-604A(3))
Sec. 42-190. Bulk regulations.
Bulk regulations in the R-2.5 district are as
follows:
(1) Maximum structure height: seventy-five (75)
feet except as provided in subsection (2)b.3.
(2) Yard requirements:
a. Front yard: Property located adjacent to
the following various types of streets shall
maintain the following yard requirements
regardless of whether it is a front, side,
or rear yard, or any combination thereof:
1. Residential street: twenty-fIve (25) feet
from the property line or fifty-five
(55) feet from the center line, which-
ever is greater.
2. Collector street: twenty-five (25) feet
from the property line or sixty-five
(65) feet from the center line, which-
ever is greater.
3. Arterial street: twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, which-
ever is greater.
b. Minimum side yard:
1. Residential buildings: seven and five-
tenths (7.5) feet on each side of the
roning lot, except that residential build-
ings which have the entrances to two
(2) or more units facing the side yard
shall have a minimum side yard of
ten (10) feet on the side of the build-
ing on which such entrances are located_
2. All other permitted and conditional
uses shall have a side yard on each
side of twenty (20) feet, except acces-
sory uses which shall be permitted
and governed by article IV of this
chapter _
3. There shall be an additional side yard
setback of one foot for each two (2)
feet of height over forty (40) feet.
c. Minimum rear yard: twenty-fIve (25) feet.
(3) Maximum lot coverage: forty (40) percent. (Code
1966, ~ 36-604A(4))
Sees. 42-191-42-200. Reserved.
DIVISION 8. R-3 MULTIPLE-FAMILY
RESIDENTIAL DISTRICT
Sec. 42-201. Design.
The R-3 district is designed to provide for multiple-
family development at a minimum of one thou-
sand (1,000) square feet per dwelling unit with
the provision that no single lot may be less than
six thousand (6,000) square feet in area (43.6
units/acre). (Code 1966, ~ 36-605)
Sec. 42-202. Permitted uses.
Permitted uses in the R-3 district are as follows:
(1) Dwellings:
a. Single-family;
b. Two-family;
c. Multiple-family;
d. Rooming and boardinghouses.
2484
e
(2)
(3)
-
(4)
(5)
(6)
(7)
(8)
(9)
~ 42-204
ZONING REGULATIONS
Family-care facilities;
Golf courses, but not including accessory
clubhouses or commercial golf driving rang-
es, pitch and putt or miniature golf courses;
Group-care facilities;
Home occupations;
Parks and playgrounds;
Accessory and temporary uses, as permit-
ted by article IV of this chapter;
Signs, as permitted by article X of this chapter;
Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-605(1); Ord. No. 80-8796, ~ 13, 7-7-80)
2. Minimum yard requirements:
i. Front yard: thirty (30) feet on
all sides abutting a street.
11. Side yard: fifteen (15) feet ex-
cept there shall be an additional
side yard setback of one foot
for each two (2) feet of height
over fifty (50) feet.
111. Rear yard: twenty-five (25) feet.
(8) Pharmacies when located in a medical or
dental office building, provided they can be
entered only from an interior lobby or hall-
way and that there is no advertising or
display visible from the exterior of the
structure;
(9) Professional offices of doctors, dentists, at-
torneys, accountants and other similar
professions;
Sec. 42-203. Conditional uses.
Conditional uses in the R-3 district are as follows:
(1) Armories;
(2) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(3) Group day-care centers and nursery schools;
(4) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(5) Hospitals, sanitariums, rest homes, and nurs-
ing homes, provided that they shall be screened
from adjacent residential property and shall
be located on an arterial street;
(6) Mortuaries and funeral homes;
(7) Multiple-family dwellings for elderly and/or
handicapped persons with the following per-
mitted exceptions to the required bulk and
lot size:
a. Minimum lot area: five hundred (500)
square feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: one hun-
dred fifty (150) feet except as pro-
vided in subsection (7)b.2.ii.
(10) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission and provided further that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
e
a. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(11) Schools: primary, intennediate and secondary;
(12) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
(13) YMCA, YWCA and other similar uses, as
defined in this chapter. (Code 1966, ~ 36-605(2);
Ord. No. 80-8796, ~ 14, 7-7-80; Ord. No.
81-8863, ~ 7,8-3-81)
Sec. 42-204. Lot size requirements.
Lot size requirements in the R-3 district are as
follows:
(1) Minimum lot area:
a. Single-family detached dwellings: six thou-
sand (6,000) square feet.
-
e
2485
~ 42-204
SALINA CODE
b. Single-family attached or two-family dwell-
ings: not less than three thousand seven
hundred fIfty (3,750) square feet per family.
c. Multiple-family: one thousand (1,000) square
feet per family but not less than six thou-
sand (6,000) square feet.
d. Other permitted and conditional uses: fIf-
teen thousand (15,000) square feet.
(2) Minimum lot width:
a. Single-family dwelling: fifty (50) feet.
b. Two-family dwelling: fIfty (50) feet.
c. Multiple-family dwellings and other per-
mitted and conditional uses: sixty (60)
feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-605(3))
Sec. 42-205. Bulk regulations.
Bulk regulations in the R-3 district are as follows:
(1) Maximum structure height: seventy-fIve (75)
feet except as provided in subsection (2)b.3.
(2) Yard requirements:
a. Front yard: Property located adjacent to
the following various types of streets shall
maintain the following yard requirements
regardless of whether it is a front, side,
or rear yard, or any combination thereof:
1. Residential street: twenty-fIve (25) feet
from the property line or fIfty-fIve
(55) feet from the center line, which-
ever is greater.
2. Collector street: twenty-fIve (25) feet
from the property line or sixty-five
(65) feet from the center line which-
ever is greater.
3. Arterial street: twenty-fIve (25) feet
from the property line or seventy-fIve
(75) feet from the center line, which-
ever is greater.
b. Minimum side yard:
1. Residential buildings: seven and fIve-
tenths (7.5) feet on each side of the
zoning lot, except that residential build-
ings which have the entrances to two
(2) or more units facing the side yard
shall have a minimum side yard of
ten (10) feet on the side of the build-
ing on which such entrances are located.
2. All other permitted and conditional
uses shall have a side yard on each
side of twenty (20) feet, except acces-
sory uses which shall be permitted
and governed by article IV of this
chapter.
3. There shall be an additional side yard
setback of one foot for each two (2)
feet of height over forty (40) feet.
c. Minimum rear yard: twenty-fIve (25) feet.
(3) Maximum lot coverage: forty (40) percent. (Code
1966, ~ 36-605(4))
Sees. 42-206-42-215. Reserved.
DIVISION 9. MH MOBILE HOME
PARK DISTRICT*
Sec. 42-216. Design.
The MH district is designed to provide a dis-
trict in which the density of development will
remain relatively low. Two (2) subdistricts are
created within the mobile home district, "MH-S"
(mobile home - subdivision) and "MH-P" (mobile
home - park). In the "MH-S" district all mobile
homes are to be placed on owner occupied zoning
lots. The "MH-P" district does not allow individ-
ual mobile homes to be placed on individual zon-
ing lots. No mobile home subdivision or park shall
be permitted, except when served by an approved
sanitary sewer and water supply system. (Code
1966, ~ 36-606; Ord. No. 81-8851, ~ 1, 6-8-81)
Sec. 42-217. MH-S Mobile home subdivisions-
Permitted uses.
Permitted uses in the MH-S district are as follows:
(1) Dwellings, single-family detached;
(2) Family-care facilities;
.Cross reference-Mobile homes and trailers generally,
Ch.22.
2486
e
e
e
e
e
ZONING REGULATIONS
(3) Golf courses, but not including accessory
clubhouse, or golf driving range, pitch and
putt or miniature golf courses;
(4) Home occupations;
(5) Mobile homes;
(6) Accessory and temporary uses as permit-
ted by article IV of this chapter;
(7) Signs, as permitted by article X of this chapter;
(8) Off-street parking and loading as required
by article XI of this chapter. (Code 1966, ~
36-606(1); Ord. No. 81-8851, ~ 1, 6-8-81)
Sec. 42-218. Same-Conditional uses.
Conditional uses in the MH-S district are as
follows:
(1) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group-care facilities;
(3) Group day-care facilities;
(4) Hospitals, sanitariums, rest homes and nurs-
ing homes;
(5) Public utility uses, as follows: provided that
the location is first approved by the plan-
ning commission, and provided further, that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commISSIOn:
a. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations.
(6) Schools: primary, intermediate and secondary;
(7) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
(8) YMCA, YWCA, and other similar uses as
defined in this chapter. (Code 1966, ~ 3&606(2);
Ord. No. 81-8851, ~ 1, 6-8-81)
~ 42-220
Sec. 42-219. Same-Use regulations.
(a) The tract to be used for a mobile home sub-
division shall not be less than four (4) acres in
area, unless it is an extension of or addition to an
existing mobile home subdivision.
(b) All mobile homes shall comply with the fol-
lowing requirements:
(1) Each mobile home shall be placed on a full
perimeter, permanent foundation with run-
ning gear and tongue removed.
(2) Each mobile home shall be secured with over-
the-top tie-downs spaced per Kansas Statutes.
(3) Permanent connections shall be made to all
utilities.
(4) Each mobile home placed within the district
shall be in compliance with the United States
Department of Housing and Urban Develop-
ment Mobile Home Construction and Safety
Standards. (Code 1966, ~ 606(3); Ord. No. 81-8851,
~ 1, 6-8-81)
Sec. 42-220. Same-Lot size requirements.
Lot size requirements in the MH-S district are
as follows:
(1) Minimum lot area:
a. Single-family detached dwellings and mo-
bile homes: six thousand (6,000) square
feet.
b. All other permitted and conditional uses:
fifteen thousand (15,000) square feet.
(2) Minimum lot width:
a. Single-family detached dwellings and mo-
bile homes: sixty (60) feet.
b. All other permitted and conditional uses:
one hundred (100) feet.
(3) Minimum lot depth: eighty (80) feet. (Code
1966, ~ 36-606(3); Ord. No. 81-8851, S 1,6-8-81)
2487
~ 42-221
SALINA CODE
Sec. 42-221. Same-Bulk regulations.
Bulk regulations in the MH-S district are as
follows:
(1) Maximum structure height: thirty-five (35)
feet.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the fol-
lowing various types of streets shall
maintain the following yard re-
quirements regardless of whether it
is a front, side, or rear yard, or any
combination thereof:
1. Residential street: twenty-five (25)
feet from the property line or
fifty-five (55) feet from the cen-
ter line, whichever is greater.
n. Collector street: twenty-five (25)
feet from the property line or
sixty-five (65) feet from the cen-
ter line, whichever is greater.
nl. Arterial street: twenty-five (25)
feet from the property line or
seventy-five (75) feet from the
center line, whichever is greater.
2. Where not less than seventy (70) per-
cent of the zoning lots between two
(2) intersecting public street rights-
of-way have developed, any newly con-
structed single-family dwelling or mo-
bile home may maintain the same
front yard setback of either adjacent
existing dwelling, provided that all
of the following conditions exist:
i. The adjacent property to be
matched has not been granted a
variance for front yard setback.
n. Neither adjacent land use is used
for nonresidential purposes.
iii. The proposed dwelling is not to
be placed on a corner lot.
iv. The structure is proposed to be
placed no closer than fifteen (15)
feet from the front property line.
b. Minimum side yard:
1. Residential buildings: ten (10) feet
on each side of the zoning lot.
2. All other permitted and conditional
uses: twenty-five (25) feet on each
side of the zoning lot, except acces-
sory uses which shall be permitted
and governed by article IV of this
chapter.
c. Minimum rear yard: twenty-five (25) per-
cent of the depth of the lot but need not
exceed thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent.
(Code 1966, ~ 36-606(3); Ord. No. 81-8851, ~
1, 6-8-81)
Cross reference-Placement of mobile homes, ~ 22-17.
Sec. 42-222. MH-P Mobile home parks-Per-
mitted uses.
Permitted uses in the MH-P district are as follows:
(1) Mobile homes;
(2) Customary accessory uses, such as laundry
facilities, manager's office, clubhouse, community
buildings, etc.;
(3) Parks and playgrounds. (Code 1966, ~ 36-606(1);
Ord. No. 81-8851, ~ 1, 6-8-81)
Sec. 42-223. Same-Conditional uses.
Conditional uses in the MH-P district are as
follows:
(1) Campgrounds, subject to the regulations speci-
fied in section 42-224(b) and (c);
(2) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(3) Schools: primary, intermediate and secondary.
(Code 1966, ~ 36-606(2); Ord. No. 81-8851, ~
1, 6-8-81)
Sec. 42-224. Same-Use regulations.
(a) The applicant for a mobile home park shall
prepare, or cause to be prepared, a mobile home
2488
e
e
e
e
e
ZONING REGULATIONS
park plan, which shall accompany the application
for amendment to the MH-P district. Such plan
shall be drawn to a scale of not less than one (1)
inch equals one hundred (100) feet, and two (2)
copies of the plan shall accompany the applica-
tion. Such plans shall comply with the following
minimum requirements:
(1) The tract to be used for a mobile home
park shall not be less than two (2) acres in
area, unless it is an extension of or addi-
tion to an existing park, and shall be per-
mitted only when served by a sanitary sewer
and water supply system approved in ac-
cordance with city health regulations.
(2) A mobile home park shall not be used for
other than residential purposes.
(3) Contours shall be indicated on the plan.
(4) The park shall be located on a well-drained
site, properly graded to insure rapid drain-
age and freedom from stagnant pools of
water.
(5) Mobile home parks hereafter approved shall
have a minimum area of five thousand (5,000)
square feet per mobile home, exclusive of
streets and rights-of-way. Each mobile home
space shall provide a minimum area of four
thousand five hundred (4,500) square feet.
(6) Each mobile home park shall devote a min-
imum of five hundred (500) square feet per
mobile home space for recreational or open
area. This recreational or open area may
be included in each mobile home space or
may be developed separately. Separate re-
creational or open areas shall not be less
than three thousand five hundred (3,500)
square feet and required setbacks, roadways,
rights-of-way, and off-street parking spaces
shall not be considered as recreational or
open areas. A minimum of fifty (50) per-
cent of the separate recreational or opeIl
space area shall be constructed or provided
prior to the development of one-half (lh) of
the project, and all recreational facilities
or open areas shall be constructed or pro-
vided by the time the project is seventy-
five (75) percent developed.
~ 42-224
(7) Each mobile home space shall be at least
forty (40) feet wide and one hundred (100)
feet in depth, except in the case of corner
lots which shall provide a minimum width
of forty-five (45) feet.
(8) All structures shall maintain the following
minimum setbacks:
a. Residential or private streets: twenty-
five (25) feet from the property line or
fifty-five (55) feet from the center line,
whichever is greater.
b. Collector street: twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
c. Arterial street: twenty-five (25) feet from
the property line or seventy-five (75)
feet from the center line, whichever is
greater.
d. "MH-P" district boundary: fifty (50) feet
from the boundary of any other zoning
district unless:
1. The boundary is common to a pub-
lic street, in which case the set-
backs specified in subsections (aX8Xa.,
b., and c.) shall apply; or unless
2. Sight obscuring screening of not
less than six (6) feet in height is
provided along the district bound-
ary, in which case a setback of twenty-
five (25) feet is required.
(9) All mobile homes shall be located so as to
maintain a clearance of not less than twenty
(20) feet from another mobile home or ap-
purtenance thereto, except when placed end-
to-end there shall be a minimum separa-
tion of twelve (12) feet. No mobile home
shall be located closer than twenty-five (25)
feet from any building within the park,
other than accessory buildings located on
the same space.
(10) All mobile home spaces shall front upon an
improved roadway of not less than twenty-
four (24) feet in width, provided, however,
that if parking is permitted on the street,
the minimum improved width shall be in-
creased to thirty-two (32) feet.
2489
@ 42-224
SALINA CODE
(11) All roadways shall be surfaced with asphalt,
concrete, rock, gravel, or suitable substi-
tute and adequately lighted.
(12) All weather-surfaced walks shall be provided
between required parking areas and the
structure each area serves.
(13) Vented storm shelters shall be provided in
a central or other convenient location at a
rate of eighteen (18) square feet per mobile
home space.
(14) Structures shall not exceed thirty-five (35)
feet in height.
(b) The applicant for a campground shall pre-
pare or cause to be prepared a preliminary camp-
ground plan, drawn to a scale of not less than one
(1) inch equals one hundred (100) feet, and three
(3) copies of the plan shall be submitted to the
board of zoning appeals for its review and rec-
ommendations. Such plan shall comply with the
following minimum requirements:
(1) The tract to be used as a campground shall
not be less than two (2) acres in area and
shall be permitted only when served by a
sanitary sewer and water supply system
approved in accordance with city health
regulations.
(2) Campgrounds shall, under no circumstances,
be utilized for the occupancy of mobile homes.
(3) Contours shall be indicated on the plan.
(4) The campground shall be located on a well-
drained site, properly graded, where nec-
essary, to insure rapid drainage and free-
dom from stagnant pools of water.
(5) Sight obscuring screening of not less than
six (6) feet in height shall be provided be-
tween the campground and any other use
or zoning district other than "A-I". The
suitability of said screening shall be deter-
mined by the board of zoning appeals.
(6) A minimum setback of fifty (50) feet must
be maintained along all boundaries of the
campground unless the boundary is com-
mon to a public street.
(7) Service buildings shall be provided at a
rate of one for each one hundred (100) camp-
ing spaces. Each service building shall:
a. Be located in a reasonably central lo-
cation within the campground;
b. Be of permanent construction;
c. Have one flush-type toilet, one lavato-
ry, and one shower or bathtub for fe-
males; and one flush-type toilet, one
lavatory, and one shower or bathtub
for males for each thirty (30) camping
spaces. All lavatories, bathtubs, and
showers shall be connected with both
hot and cold running water;
d. Have an accessible, adequate, safe and
potable supply of cold water;
e. Comply with all applicable chapters of
the building code regarding the construc-
tion of buildings and the installation
of electrical, plumbing, heating, and
air conditioning systems;
f. Be maintained in a clean, sanitary con-
dition and kept free of any condition
that will menace the health of any oc-
cupants or the public or will constitute
a menace.
(8) Vented storm shelters shall be provided in
a central or other convenient location at
the rate of twelve (12) square feet per des-
ignated or intended camping space.
(9) Structures shall not exceed thirty-five (35)
feet in height.
(c) Upon approval of the preliminary campground
plan by the board of zoning appeals, the applicant
shall prepare and submit three (3) copies of a
final campground plan, which shall incorporate
any changes or alterations requested, to the sec-
retary of the board of zoning appeals. Upon the
determination by the secretary that the final camp-
ground plan accurately reflects the desires of the
board of zoning appeals, an approved copy shall
be forwarded, within seven (7) days, to the zoning
administrator, who may issue the required per-
mits upon proper application. (Code 1966, ~ 36-606(3);
Ord. No. 81-8851, ~ 1, 6-8-81)
2490
e
e
e
--
e
ZONING REGULATIONS
~ 42-239
Sec. 42.225. Compliance.
The mobile home subdivision, park or camp-
ground shall be in compliance with this division
and all other applicable regulations of the city or
the state. (Code 1966, ~ 36-606(4); Ord. No. 81-8851,
~ 1, 6-8-81)
Sec. 42-226. Unused mobile home park.
Whenever a property, zoned "MH-P", ceases to
be used for such purposes for a period of two (2)
years, the planning commission may initiate ac-
tion and hold a public hearing to rezoning the
property back to a more appropriate zoning dis-
trict. (Code 1966, ~ 36-606(5); Ord. No. 81-8851, ~
1, 6-8-81)
Sees. 42-227-42-235. Reserved.
DIVISION 10. U UNIVERSITY
DISTRICT
Sec. 42-236. Design.
The U district is a zone that is designed to be
used separately as a district zone or in combina-
tion with anyone or more of the residential dis-
tricts. The two (2) principal functions of this dis-
trict are:
(1) To give the university-oriented functions more
flexibility than they would have if located in
a residential district; and
(2) To permit the establishment of the types of
uses which ordinarily cluster about a univer-
sity, but which are not located on university
property. (Code 1966, ~ 36-607)
Sec. 42-237. Permitted uses.
Permitted uses in the U district are as follows:
(1) Art galleries, libraries and museums;
(2) Colleges, universities and theological schools,
including their buildings owned or leased
for administrative and faculty offices, class-
rooms, laboratories, chapels, auditoriums,
lecture halls, libraries, student and faculty
centers, athletic facilities and dormitories;
(3) Fraternal and service clubs, as defined;
(4) Fraternities and sororities;
(5) Lodging and boardinghouses;
(6) Offices, meeting rooms, laboratories and other
facilities for educational, fraternal, profes-
sional, religious and statistical research or-
ganizations and institutions;
(7) Parking lots for passenger automobiles, ac-
cessory to uses permitted in the university
district;
(8) Schools: elementary, intermediate and sec-
ondary. (Code 1966, ~ 36-607(1))
Sec. 42-238. Conditional uses.
Conditional uses in the U district are as follows:
(1) Private or public parking lots or garages op-
erated for profit or not for profit, provided
that there shall not be any accessory or per-
mitted uses in conjunction with such use, and
that no parking garage shall exceed forty (40)
feet in height, and provided further, that all
parking lots or garages shall be landscaped
or screened according to a landscape plan or
screening plan which has first been approved
by the planning commission;
(2) No other conditional uses are permitted, ex-
cept such conditional uses as could otherwise
be allowed in any residential district with
which this district is combined. (Code 1966, ~
36-607(2))
Sec. 42-239. Lot size requirements.
Lot size requirements in the U district are as
follows:
(1) Minimum lot area:
a. Colleges, universities and theological school
structures: no minimum requirement.
b. Structures providing lodging rooms for
unmarried students: three hundred seventy-
five (375) square feet per lodging room.
c. All other permitted and conditional uses
shall comply with the minimum lot area
required in the residential district with
which the university district is combined.
2491
~ 42-239
SALINA CODE
(2) Minimum lot width:
a. Colleges, universities, and theological school
structures: no minimum requirement.
b. All other permitted and conditional uses
shall comply with the minimum lot width
required in the residential district with
which the university district is combined.
(3) Minimum lot depth:
a. Colleges, universities, and theological school
structures: no minimum requirement.
b. All other permitted and conditional uses
shall comply with the minimum lot depth
required in the residential district with
which the university district is combined.
(Code 1966, ~ 36-607(3))
Sec. 42-240. Bulk regulations.
Bulk regulations in the U district are as follows:
(1) When the university district regulations are
applied in combination with the restrictions
of any residential district, then all structures
shall comply with the bulk regulations in the
residential district with which the university
district is combined, except that the rear yard
may be reduced to eight (8) feet for parking
garages.
(2) There shall be an additional one-foot setback
for each two (2) feet of height over forty (40)
feet.
(3) When the university district is applied as a
separate zoning district, then the following
bulk regulations shall apply:
a. Maximum lot coverage: thirty (30) percent.
b. Minimum setback: fifty (50) feet from each
public street and from each lot line that
adjoins property in any other zoning district.
c. Maximum structure height: no limitations.
(Code 1966, ~ 36-607(4))
Sees. 42-241-42-250. Reserved.
DIVISION 11. C-l RESTRICTED
BUSINESS DISTRICT
Sec. 42-251. Design.
The C-l district is designed to provide for a
restricted commercial alternative to multiple-family
development adjacent to arterial streets and high-
ways, and at the same time avoid the typical strip
commercial development. To achieve this end, a
very limited number of nonretail businesses are
permitted. (Code 1966, ~ 36-608)
Sec. 42-252. Permitted uses.
Permitted uses in the C-l district are as follows:
(1) Business and professional offices, provided
that any warehouse or storage space asso-
ciated with such offices shall not exceed
fifty (50) percent of the gross floor area of
the principal structure;
(2) Medical and dental clinics, and guidance
centers;
(3) Mortuaries and funeral homes;
(4) Office building or clinic: The following uses
would be permitted when located in an of-
fice building, or medical or dental clinic,
provided such uses could be entered only
from an interior lobby or hallway and there
is no advertising or display visible from
the exterior of the structure:
a. Barbershops;
b. Beauty shops;
c. Gift shops;
d. Newsstands;
e. Package liquor stores;
f. Pharmacies;
g. Restaurants.
(5) Office facilities for salesmen, sales represen-
tatives, or manufacturer's representative,
when no retail, wholesale, or exchange of
goods is made or transacted on the premises;
(6) Offices for ministers, rabbis, priests, etc.;
2492
e
(7)
e (8)
(9)
(10)
(11)
(12)
ZONING REGULATIONS
~ 42-255
Public utility uses, including substations
and ambulance services;
Studios or offices for artists, sculptors, au-
thors, composers, photographers, or other
similar uses;
YMCA, YWCA and other similar organiza-
tions;
Signs, as permitted by article X of this chapter;
Accessory and temporary uses, as permit-
ted by article IV of this chapter;
Off-street parking and loading as required
by article XI of this chapter. (Code 1966, ~
36-608(1))
Sec. 42-253. Conditional uses.
Conditional uses in the C-1 district are as follows:
(1) Banks and financial institutions;
(2) Mail-order houses;
(3) Multiple-family dwellings for elderly and/or
handicapped persons with the following per-
mitted exceptions to the required bulk and
lot size:
e
-
e
a. Minimum lot area: five hundred (500) square
feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: one hun-
dred fifty (150) feet except as provided
in subsection (3)b.2.ii.
2. Minimum yard requirements:
i. Front yard: thirty (30) feet on
all sides abutting a street.
11. Side yard: fifteen (15) feet except
there shall be an additional side
yard setback of one foot for each
two (2) feet of height over fifty
(50) feet.
111. Rear yard: twenty-five (25) feet.
3. Maximum lot coverage: forty (40)
percent.
(4) Research laboratories (limited to research such
as medical records, statistical research, etc.);
(5) Small animal hospitals, providing that such
facility is completely enclosed and that no
odor or noise is discernible outside the structure;
(6) All permitted uses in the R-3 district, pro-
vided that they shall be governed by the re-
quirements of the R-3 district. (Code 1966, ~
36-608(2))
Sec. 42-254. Lot size requirements.
Lot size requirements in the C-1 district are as
follows:
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-608(3))
Sec. 42-255. Bulk regulations.
Bulk regulations in the C-1 district are as follows:
(1) Maximum structure height: thirty (30) feet,
except multiple-family development which shall
be governed by the regulations for the R-3
district, provided that there shall be one
additional foot of setback on the side yards
for each two (2) feet of height over thirty (30)
feet.
(2) Minimum yard requirements:
a. Front yard: Property located adjacent to
the following various types of streets shall
maintain the following yard requirements
regardless of whether it is a front, side,
or rear yard, or any combination thereof:
1. Residential street: twenty-five (25) feet
from the property line or fifty-five
(55) feet from the center line, which-
ever is greater.
2. Collector street: twenty-five (25) feet
from the property line or sixty-five
(65) feet from the center line, which-
ever is greater.
3. Arterial street: twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, which-
ever is greater.
b. Minimum side yard: eight (8) feet on each
side.
c. Minimum rear yard: twenty-five (25) feet.
2493
~ 42-255
SALINA CODE
(3) Maximum lot coverage: thirty (30) percent.
(Code 1966, 9 36-608(4))
Sec. 42-256. Use limitations.
Use limitations in the C-l district are as follows:
(1) All business, service, storage and display of
goods shall be conducted within a completely
enclosed structure.
(2) Exterior lighting fixtures shall be shaded so
that no direct light is cast upon any property
located in a residential district and so that no
glare is visible to any traffic on any public
street.
(3) Sight obscuring screening of not less than six
(6) feet in height shall be provided along all
lot lines that abut a residential district.
(4) Off-street parking and loading areas associ-
ated with the uses permitted in this district
shall not be permitted in any required front
yard. (Code 1966, 9 36-608(5))
Sees. 42-257-42-265. Reserved.
DIVISION 12. C-2 NEIGHBORHOOD
SHOPPING DISTRICT
Sec. 42-266. Design.
The C-2 district is designed to permit areas of
convenience shopping facilities of no less than
one acre so located to serve one or more residen-
tial neighborhoods. (Code 1966, 9 36-609)
Sec. 42-267. Permitted uses.
Permitted uses in the C-2 district are as follows:
(1) Apparel stores;
(2) Banks and financial institutions;
(3) Barbershops;
(4) Beauty shops;
(5) Bicycle shops;
(6) Business and professional offices;
(7) Dry cleaning and laundry receiving stations
where no processing or cleaning of clothing
is done on the premises;
(8) Florist shops;
(9) Food stores, including grocery stores, meat
markets, bakeries and delicatessens;
(10) Gift shops and variety stores;
(11) Hardware stores;
(12) Medical and dental clinics, and guidance
centers;
(13) Mortuaries and funeral homes;
(14) Package liquor stores;
(15) Pharmacies;
(16) Public utility uses including substations and
ambulance services;
(17) Restaurants, other than drive-in establish-
ments;
(18) Self-service laundry and dry cleaning
establishments;
(19) YMCA, YWCA, and other similar organ-
izations;
(20) Any other similar retail business not spe-
cifically listed in any section is permitted if
it complies with the conditions and restric-
tions contained in section 42-271;
(21) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(22) Signs, as permitted by article X of this chapter;
(23) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, 9
36-609(1))
Sec. 42-268. Conditional uses.
Conditional uses in the C-2 district are as follows:
(1) Bus stations;
(2) Gasoline service stations and tire, battery and
automobile accessory stores, only if the de-
sign of the entrance and exit drives to such
service stations or stores will not create haz-
2494
e
e
e
-
e
ZONING REGULATIONS
~ 42.271
ards for vehicular or pedestrian traffic or con-
gestion in adjacent streets;
(3) Multiple-family dwellings provided they shall
be governed by the R-3 multiple-family resi-
dential district requirements. Such require-
ments shall include consideration of density,
yards, off-street parking, lot coverage and all
other requirements for multifamily development
as required in the R-3 district, except there
shall be one additional foot of setback for
each two (2) feet of height over thirty-five (35)
feet;
(4) Research laboratories;
(5) Small animal hospitals, providing that such
facility is completely enclosed and that no
odor or noise is discernible outside the structure;
(6) Taverns;
(7) Telephone exchanges and telephone transmis-
sion equipment structures. (Code 1966, ~
36-609(2))
Sec. 42-269. Lot size requirements.
Lot size requirements in the C-2 district are as
follows:
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100) feet.
(3) Minimum zoning area: one acre, unless con-
tiguous to or within two hundred (200) feet of
a similar zoning district. The minimum zon-
ing area may not be varied by more than ten
(10) percent. (Code 1966, ~ 36-609(3))
Sec. 42-270. Bulk regulations.
Bulk regulations in the C-2 district are as follows:
(1) Maximum structure height: fifty (50) feet.
(2) Yard requirements:
a. Front yard: Property located adjacent to
the following various types of streets shall
maintain the following yard requirements
regardless of whether it is a front, side or
rear yard or any combination thereof:
1. Residential street: twenty-five (25) feet
from the property line or fifty-five
(55) feet from the center line, which-
ever is greater.
2. Collector street: twenty-five (25) feet
from the property line or sixty-five
(65) feet from the center line, which-
ever is greater.
3. Arterial street: twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, which-
ever is greater.
b. Side yard: none required, except when a
side yard in this district abuts a residen-
tial district a side yard of fifteen (15) feet
shall be provided.
c. Rear yard: none required, except when a
rear yard in this district abuts a residen-
tial district a rear yard of fifteen (15) feet
shall be provided.
\3) Maximum lot coverage: thirty-five (35) per-
cent. (Code 1966, ~ 36-609(4))
Sec. 42-271. Use limitations.
Use limitations in the C-2 district are as follows:
(1) All business establishments shall be retail or
service establishments dealing directly with
consumers. All goods produced on the prem-
ises shall be sold at retail on the premises
where produced.
(2) All business, service, storage and display of
goods shall be conducted within a completely
enclosed building, except that an area equiv-
alent to not more than five (5) percent of the
total floor area may be used for open display
and sales.
(3) Exterior lighting fixtures shall be shaded so
that no direct light is cast upon any property
located in a residential district and so that no
glare is visible to any traffic on any public
street.
(4) A sight-obscuring screening of not less than
six (6) feet in height shall be provided along
all property lines that abut a residential district.
2495
~ 42.271
SALINA CODE
(5) No individual business establishment shall
occupy more than twenty-five thousand (25,000)
square feet of floor space. (Code 1966, ~
36-609(5))
Sees. 42-272-42-280. Reserved.
DIVISION 13. C-3 SHOPPING CENTER
DISTRICT
Sec. 42-281. Design.
The C-3 district is designed to provide a district
of no less than one acre for a relatively broad
range of retail shopping facilities which primar-
ily consist of specialty shops and stores. (Code
1966, ~ 36-610)
Sec. 42-282. Permitted uses.
Permitted uses in the C-3 district are as follows:
(1) Antique shops;
(2) Apparel stores;
(3) Appliance stores;
(4)
(5)
(6)
(7)
(8)
(9)
Auditoriums and community theatres;
Banks and financial institutions;
Barbershops;
Beauty shops;
Bicycle shops;
Blueprinting
ments;
and photostating establish-
(10) Bookstores;
(11) Business and professional offices;
(12) Camera and photographic supply stores;
(13) Carpet and rug stores;
(14) China and glassware stores;
(15) Department stores;
(16) Dog kennels, providing that such facilities
are completely enclosed and that no odor or
noise is discernible outside the structure;
(17) Dry cleaning establishments;
(18) Drygoods stores;
(19) Florist shops;
(20) Food stores, including grocery stores, meat
markets, bakeries, and delicatessens;
(21) Furniture stores;
(22) Furrier shops, including the incidental stor-
age and conditioning of furs;
(23) Gasoline service stations;
(24) Gift shops;
(25) Governmental buildings;
(26) Hardware stores;
(27) Hobby shops;
(28) Hotels and motels;
(29) Interior decorating shops, including uphol-
stering, making of draperies, slipcovers and
other similar articles which are conducted
as a part of, or secondary to, a retail operation;
(30) Jewelry stores;
(31) Leather goods and luggage stores;
(32) Mail-order houses;
(33) Medical and dental clinics, and guidance
centers;
(34) Mortuaries and funeral homes;
(35) Music stores, and musical instrument sales
and repair;
(36) Newsstands;
(37) Optical sales;
(38) Package liquor stores;
(39) Paint and wallpaper stores;
(40) Pet grooming shops;
(41) Pet stores;
(42) Pharmacies;
(43) Physical and health services such as pri-
vate gymnasiums and reducing salons;
(44) Private clubs (clubs and organizations, and
fraternal and service clubs as defined only);
(45) Printing plants;
2496
e
ZONING REGULATIONS
~ 42-284
(46) Public utility uses including substations and Sec. 42-283. Conditional uses.
ambulance services; Conditional uses in the C-3 district are as follows:
e (47) Radio and television broadcasting stations; (1) Bus stations;
(48) Recording studios; (2) Contractor's offices;
(49) Research laboratories; (3) Mini-warehouses;
(50) Restaurants, other than drive-in establish- (4) Multiple-family dwellings provided they shall
ments; be governed by the R-3 multiple-family resi-
(51) Restricted production and repair limited to dential district requirements. Such require-
the following: alteration and custom tailor- ments shall include consideration of density,
ing of clothing for retail sale only; jewelry yards, off-street parking, lot coverage and all
from precious metal; watches; dentures; op- other requirements for multifamily development
tical lenses; and other similar activities; as required in the R-3 residential district,
(52) Schools: music, dance or business; except that there shall be one additional foot
of setback for each two (2) feet of height over
(53) Self-service laundry and dry cleaning es- thirty-five (35) feet;
tablishments; (5) Multiple-family dwellings for elderly and/or
(54) Small animal hospitals, providing that such handicapped persons with the following per-
facility is completely enclosed and that no mitted exceptions to the required bulk and
odor or noise is discernible outside the lot size:
e structure; a. Minimum lot area: five hundred (500)
(55) Sporting goods stores; square feet per dwelling unit.
(56) Tailors; b. Bulk regulations:
(57) Telephone exchanges and telephone trans- 1. Maximum structure height: one hun-
mission equipment structures; dred fifty (150) feet except as provided
(58) Theatres, indoor only; in subsection (5)b.2.ii.
2. Minimum yard requirements:
(59) Travel bureaus and transportation ticket 1. Front yard: thirty (30) feet on
offices; all sides abutting a street.
(60) Variety stores; 11. Side yard: fifteen (15) feet except
there shall be an additional side
(61) Any other similar retail business not spe- yard setback of one foot for each
cifically listed is permitted if it complies two (2) feet of height over fifty
with the conditions and the restrictions con- (50) feet.
tained in section 42-286 of this chapter; 111. Rear yard: twenty-five (25) feet.
(62) Accessory and temporary uses, as permit- 3. Maximum lot coverage: forty (40)
ted by article IV of this chapter; percent.
(63) Signs, as permitted by article X of this (6) Taverns. (Code 1966, ~ 36-610(2))
chapter; Sec. 42-284. Lot size requirements.
- (64) Off-street parking and loading, as required Lot size requirements in the C-3 district are as
by article XI of this chapter. (Code 1966, ~ follows: no minimum, but zoning district must be
36-610(1); Ord. No. 81-8863, ~ 8, 8-3-81)
e
2497
~ 42-284
SALINA CODE
a minimum of one acre, unless contiguous to or
within two hundred (200) feet of a similar dis-
trict. The minimum zoning area may not be var-
ied by more than ten (10) percent. (Code 1966, ~
36-610(3))
Sec. 42-285. Bulk regulations.
Bulk regulations in the C-3 district are as follows:
(1) Maximum structure height: thirty-five (35)
feet.
(2) Yard requirements:
a. Front yard: Property located adjacent to
the following various types of streets shall
maintain the following yard requirements
regardless of whether it is a front, side,
or rear yard, or any combination thereof:
1. Residential street: twenty-five (25) feet
from the property line or fifty-five
(55) feet from the center line, which-
ever is greater.
2. Collector street: twenty-five (25) feet
from the property line or sixty-five
(65) feet from the center line, which-
ever is greater.
3. Arterial street: twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, which-
ever is greater.
b. Side yard: none required, except when a
side yard abuts a residential district there
shall be a setback of fifteen (15) feet.
c. Rear yard: none required, except where
any rear yard abuts a residential district,
then a rear yard shall be provided that is
fifteen (15) feet in width. (Code 1966, ~
36-610(4))
Sec. 42-286. Use limitations.
Use limitations in the C-3 district are as follows:
(1) All business establishments shall be retail or
service establishments dealing directly with
the consumer. All goods produced on the prem-
ises shall be sold at retail on the premises
where produced.
(2) All business, service, storage and display of
goods shall be conducted within a completely
enclosed building, except as provided by this
chapter.
(3) No business establishment shall offer or sell
food or beverages for consumption on the prem-
ises in parked motor vehicles.
(4) Exterior lighting fixtures shall be shaded so
that no direct light is cast upon any property
located in a residential district and so that no
glare is visible to any traffic on any public
street.
(5) Sight-obscuring screening of not less than six
(6) feet in height shall be provided along all
property lines that abut a residential district.
(Code 1966, ~ 36-610(5))
Sees. 42-287-42-300. Reserved.
DIVISION 14. C-4 CENTRAL BUSINESS
DISTRICT
Sec. 42-301. Design.
The C-4 district is designed to provide a district
for a broad range of retail shopping facilities.
(Code 1966, ~ 36-611)
Sec. 42-302. Permitted uses.
Permitted uses in the C-4 district are as follows:
(1) Antique shops;
(2) Apparel stores;
(3) Appliance stores;
(4) Art galleries, libraries and museums;
(5) Auditoriums and community theatres;
(6) Automobile sales, rental and service;
(7) Auto parts stores;
(8) Banks and financial institutions;
(9) Barbershops;
(10) Beauty shops;
(11) Bicycle shops;
2498
e ZONING REGULATIONS ~ 42-302
(12) Blueprinting and photostating establish- as a part of, and secondary to, a retail
ments; operation;
e (13) Bookstores; (39) Jewelry stores;
(14) Bus stations; (40) Leather goods and luggage stores;
(15) Business and professional offices; (41) Mail-order houses;
(16) Camera and photographic supply stores; (42) Mechanical contractors;
(17) Carpet and rug stores; (43) Medical and dental clinics, and guidance
(18) China and glassware stores; centers;
(19) Contractor's offices; (44) Mini-warehouses;
(20) Department stores; (45) Mortuaries and funeral homes;
(21) Dog kennels, providing that such facilities (46) Music stores and musical instrument sales;
are completely enclosed and that no odor or (47) Newspaper offices and printing;
noise is discernible outside the structure; (48) Newsstands;
(22) Dry cleaning establishments; (49) Office equipment and supply;
(23) Drygoods stores; (50) Optical sales;
(24) Electrical contractors; (51) Package liquor stores;
e (25) Electronic parts and supplies; (52) Paint and wallpaper stores;
(26) Florist shops; (53) Parking garages and lots;
(27) Food stores, including grocery stores, meat (54) Pawnshops;
markets, bakeries, and delicatessens;
(28) Fraternal and service clubs; (55) Pest control and exterminators;
(29) Furniture stores; (56) Pet grooming shops;
(30) Furrier shops, including the incidental stor- (57) Pet stores;
age and conditioning of furs; (58) Pharmacies;
(31) Gasoline service stations; (59) Physical and health services such as pri-
(32) Gift shops; vate gymnasiums and reducing salons;
(33) Governmental buildings; (60) Printing plants;
(34) Hardware stores; (61) Private clubs;
(35) Hobby shops; (62) Public utility uses including substations and
ambulance services;
(36) Hospitals, sanitariums, rest homes, and nurs- (63) Radio and television broadcasting stations;
ing homes, providing that parking is pro-
vided in accordance with section 42-553; (64) Radio and television repair shops;
- (37) Hotels and motels; (65) Recording studios;
(38) Interior decorating shops, including uphol- (66) Restaurants, other than drive-in establish-
stering, making of draperies, slipcovers and ments;
e other similar articles which are conducted
2499
~ 42-302
SALINA CODE
(67) Restricted production and repair limited to
the following: alteration and custom tailor-
ing of clothing for retail sale only; jewelry
from precious metal; watches; dentures; op-
tical lenses; and other similar activities;
(68) Schools: music, dance or business;
(69) Self-service laundry and dry cleaning es-
tablishments;
(70) Shoe repair shops;
(71) Small animal hospitals, providing that such
facility is completely enclosed and that no
odor or noise is discernible outside the
structure;
(72) Sporting goods stores;
(73) Tailor shops;
(74) Taverns;
(75) Telephone exchanges and telephone trans-
mission equipment structures;
(76) Theatres, indoor only;
(77) Travel bureaus and transportation ticket
offices;
(78) Variety stores;
(79) YMCA, YWCA, and other similar organi-
zations;
(80) Any other similar retail business not spe-
cifically listed is permitted if it complies
with the conditions and the restrictions con-
tained in section 42-306;
(81) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(82) Signs, as permitted by article X of this
chapter;
(83) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-611(1); Ord. No. 81-8863, ~ 9, 8-3-81)
Sec. 42-303. Conditional uses.
Conditional uses in the C4 district are as follows:
(1) Multiple-family dwellings, provided that such
development shall comply with the R-3 multiple-
family residential district requirements for
multiple-family dwellings;
(2) Multiple-family dwellings for elderly and/or
handicapped persons with the following per-
mitted exceptions to the required bulk and
lot size:
a. Minimum lot area: five hundred (500)
square feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: no limi-
tations.
2. Minimum yard requirements:
i. Front yard: thirty (30) feet on
all sides abutting a street.
11. Side yard: fifteen (15) feet except
there shall be an additional side
yard setback of one foot for each
two (2) feet of height over fifty
(50) feet.
111. Rear yard: twenty-five (25) feet.
3. Maximum lot coverage: forty (40)
percent.
(3) Storage in bulk of, or warehouse for such
materials as: clothing, drugs, dry goods, food,
furniture, glass, groceries, hardware, house-
hold goods, liquor or alcoholic beverages, lu-
bricating oil, millinery paint, paint materi-
als, pipe, rubber, shop supplies, tobacco,
turpentine, and varnish;
(4) Testing and research laboratories;
(5) Wholesale office and sample rooms. (Code 1966,
~ 36-611(2))
Sec. 42-304. Lot size requirements.
Lot size requirements in the C-4 district are as
follows: no minimum requirements. (Code 1966, ~
36-611(3))
Sec. 42-305. Bulk regulations.
Bulk regulations in the C4 district are as follows:
(1) Maximum structure height: no limitations.
(2) Yard requirements:
a. Front yard: none.
2500
e
e
e
-
e
ZONING REGULATIONS
~ 42-317
b. Side yard: none required, except as pro-
vided below.
c. Rear yard: none required, except as pro-
vided below.
d. Where any side and/or rear yard abuts a
residential district, a landscaped side and/or
rear yard shall be provided along such
side and/or rear yard that is ten (10) feet
in width.
(3) Maximum lot coverage: one hundred (100)
percent. (Code 1966, ~ 36-611(4))
Sec. 42-306. Use limitations.
Use limitations in the C-4 district are as follows:
(1) All business establishments shall be retail or
service establishments dealing directly with
consumers. All goods produced on the prem-
ises shall be sold at retail on the premises
where produced. No products produced in this
district shall be of a nature that they would
be classified as a permitted use in the 1-2 or
1-3 districts if produced separately from a use
permitted in this district.
(2) All business, service, storage and display of
goods shall be conducted within a completely
enclosed building, except as provided by this
chapter.
(3) No business establishment shall offer or sell
food or beverages for consumption on the prem-
ises in parked motor vehicles.
(4) Exterior lighting fixtures shall be shaded so
that no direct light is cast upon any property
located in a residential district and so that no
glare is visible to any traffic on any public
street. (Code 1966, ~ 36-611(5))
Sees. 42-307-42-315. Reserved.
DIVISION 15. C-5 SERVICE COMMERCIAL
DISTRICT
Sec. 42-316. Design.
The C-5 district is designed for those business
and commercial uses which draw their customers
from motorists on the highway, or for whom.a
location on a highway or arterial street is espe-
cially useful or necessary. Although some of the
typical retail uses are permitted in other com-
mercial districts, most of these permitted in this
district would not blend well into a prime retail
area. (Code 1966, ~ 36-612)
Sec. 42-317. Permitted uses.
Permitted uses in the C-5 district are as follows:
(1) Ambulance services;
(2) Automobile sales, rental and service;
(3) Automotive parts, wholesale;
(4) Automotive sales, service and parts;
(5) Banks and financial institutions;
(6) Barbershops;
(7) Beauty shops;
(8) Bicycle shops;
(9) Boat sales, rental and service;
(10) Bonding agencies;
(11) Bowling alleys;
(12) Business and professional offices;
(13) Car washes;
(14) Carpet and rug stores;
(15) Commerical off-street parking as a princi-
pal use;
(16) Contractor's office;
(17) Dog kennels, providing that such facilities
are completely enclosed and that no odor or
noise is discernible outside the structure;
(18) Equipment sales and rental, not including
heavy equipment type such as bulldozers
and cranes;
(19) Food stores and delicatessens;
(20) Furniture stores;
(21) Garden stores, greenhouses and nurseries;
(22) Gasoline service stations;
(23) Gift and souvenir shops;
2501
~ 42-317
SALINA CODE
(24) Hardware stores;
(25) Hotels and motels;
(26) Package liquor stores;
(27) Paint and wallpaper stores;
(28) Pawnshops;
(29) Pest control and exterminators;
(30) Pharmacies;
(31) Pitch and putt, and miniature golf courses;
(32) Printing plants;
(33) Private clubs;
(34) Public utility uses including substations;
(35) Recreational vehicle rental, sales and service;
(36) Restaurants, including drive-in establish-
ments, serving food or beverages to custom-
ers for consumption on the premises or in
parked motor vehicles;
(37) Self-service laundry and dry cleaning es-
tablishments;
(38) Service and fraternal clubs and lodges;
(39) Small animal hospitals, providing that such
facility is completely enclosed and that no
odor or noise is discernible outside the
structure;
(40) Sporting goods stores;
(41) Truck sales and service;
(42) Variety stores;
(43) YMCA, YWCA, and other similar organi-
zations;
(44) Any other similar uses not specifically listed
are permitted if they comply with the con-
ditions and restrictions contained in section
42-321;
(45) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(46) Signs, as permitted by article X of this
chapter;
(47) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-612(1); Ord. No. 81-8863, ~ 10, 8-3-81)
Sec. 42-318. Conditional uses.
Conditional uses in the C-5 district are as follows:
(1) Amusement parks and skating rinks;
(2) Animal hospitals, provided that all pens shall
be in an enclosed structure;
(3) Lumber yards;
(4) Mini-warehouses;
(5) Outdoor theatres;
(6) Taverns;
(7) Telephone exchanges and telephone transmis-
sion equipment structures. (Code 1966, ~
36-612(2))
Sec. 42-319. Lot size requirements.
Lot size requirements in the C-5 district are as
follows:
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-612(3))
Sec. 42-320. Bulk regulations.
Bulk regulations in the C-5 district are as follows:
(1) Maximum structure height: forty (40) feet.
(2) Yard requirements:
a. Minimum front yard: Property located
adjacent to the various types of streets
shall maintain the following yard require-
ments regardless of whether it is a front,
side, rear or any combination thereof:
1. Residential street: twenty-five (25) feet
from the property line or fifty-five
(55) feet from the center line, which-
ever is greater.
2. Collector street: twenty-five (25) feet
from the property line or sixty-five
(65) feet from the center line, which-
ever is greater.
3. Arterial street: twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, which-
ever is greater.
2502
e
e
e
-
e
ZONING REGULATIONS
b. No side or rear yard setback shall be
required other than under the conditions
specified in subsection (2)a., except that
when located adjacent to property in a
residential district there shall be a set-
back of ten (10) feet.
c. Each motel and hotel shall have a mini-
mum side yard on each side of the .zoning
lot of not less than ten (10) feet, and a
minimum rear yard of not less than twenty
(20) feet.
d. Gasoline pumps, air and water service
and other fixtures used in connection with
gasoline service stations shall be located
no less than twelve (12) feet from the
property line of any street or road on
which the service station abuts.
e. Sight-obscuring screening of not less than
six (6) feet in height shall be provided
along all lot lines that abut a residential
district.
(3) Maximum lot coverage: fifty (50) percent. (Code
1966, ~ 36-612(4))
Sec. 42-321. Use limitations.
Use limitations in the C-5 district are as follows:
(1) No structure shall be used for residential pur-
poses except for the use of the owner or oper-
ator of the business located on the premises
and except that accommodation may be of-
fered to transient public by motels and hotels.
(2) All outdoor storage and vehicles in operating
condition and off-street parking and loading
spaces shall be enclosed by screening as pro-
vided in section 42-320(2)e. Off-street park-
ing and loading spaces and the storage of
automobiles and other motor vehicles in op-
erating condition shall be so enclosed when
such use abuts on a residential district at a
side or a rear lot line or is separated from the
district only by an alley.
(3) All business establishments shall be retail or
service establishments dealing directly with
consumers, except wholesale when permitted
as a conditional use. All goods produced on
~ 42-332
the premises shall be sold on the premises
where produced.
(4) Exterior lighting fixtures shall be shaded wher-
ever necessary to avoid casting direct light
on any property located in a residential district.
(5) Drive-in establishments offering food or ser-
vices directly to customers waiting in parked
motor vehicles shall screen the space allocated
for customers and motor vehicles in the same
manner as is required in subsection (2). (Code
1966, ~ 36-612(5))
Sees. 42-322-42-330. Reserved.
DIVISION 16. C-6 HEAVY COMMERCIAL
DISTRICT
Sec. 42-331. Design.
The C-6 district is designed for commercial uses
which deal with the sale and/or service of heavy
equipment or products. (Code 1966, ~ 36-613)
Sec. 42-332. Permitted uses.
Permitted uses in the C-6 district are as follows:
(1) Agricultural implement sales and service;
(2) Ambulance services;
(3) Amusement parks and skating rinks;
(4) Animal hospitals, provided that all pens
shall be in an enclosed structure;
(5) Antique shops;
(6) Apparel stores;
(7) Appliance stores;
(8) Armories;
(9) Auditoriums and community theatres;
(10) Automobile and truck sales and rental, in-
cluding accessory repair and painting op-
erations and facilities, provided that all such
operations or facilities shall comply with
all the use limitations in section 42-336;
(11) Automotive parts, wholesale;
(12) Automotive sales, service and parts;
2503
I ~ 42-332
SALINA CODE
(13) Banks and financial institutions;
(14) Barbershops;
(15) Beauty shops;
(16) Bicycle shops;
(17) Blueprinting and photostating establish-
ments;
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
Boat sales rental and service;
Bonding agencies;
Bookstores;
Bowling alleys;
Business and professional offices;
Camera and photographic supply stores;
Car washes;
Carpet and rug stores;
China and glassware stores;
Commercial off-street parking as a princi-
pal use;
Contractor's offices;
Department stores;
Dog kennels, providing that such facilities
are completely enclosed and that no odor or
noise is discernible outside the structure;
Dry cleaning establishments;
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
(43)
Drygoods stores;
Electrical contractors;
Electronic parts and supplies;
Equipment sales and rental;
Florist shops;
Food stores and delicatessens;
Fraternal and service clubs;
Furniture stores;
Furrier shops;
Garden stores, greenhouses and nurseries;
Gasoline service stations;
Gift and souvenir shops;
(44) Governmental buildings;
(45) Hardware stores;
(46) Hobby shops;
(47) Hospitals, sanitariums, rest homes and nurs-
ing homes;
(48) Hotels and motels;
(49) Interior decorating shops, including uphol-
stering, making of draperies, slipcovers and
other similar articles;
(50) Jewelry stores;
(51) Leather and luggage stores;
(52) Lumber yards;
(53) Mail-order houses;
(54) Mechanical contractors;
(55) Medical and dental clinics, and guidance
centers;
(56) Mini-warehouses;
(57) Mobile home and trailer sales and rental,
but not including the use of any mobile
home as a residence;
(58) Mortuaries and funeral homes;
(59) Music stores and musical instrument sales;
(60) Newspaper offices and printing;
(61) Newsstands;
(62) Office equipment and supply;
(63) Optical sales;
(64) Package liquor stores;
(65) Paint and wallpaper stores;
(66) Parking garages and lots;
(67) Pawnshops;
(68) Pest control and exterminators;
(69) Pet grooming shops;
(70) Pet stores;
(71) Pharmacies;
(72) Physical and health services;
2504
e
e
e
-
e
ZONING REGULATIONS
(73) Printing plants;
(74) Private clubs;
(75) Public utility uses, including substations;
(76) Radio and television broadcasting stations;
(77) Radio and television repair shops;
(78) Recording studios;
(79) Recreational vehicle rental, sales and service;
(80) Restaurants, including drive-in establish-
ments;
(81) Restricted production and repair limited to
the following: alteration and custom tailor-
ing of clothing for retail sale only; jewelry
from precious metals; watches; dentures;
optical lenses; and other similar activities;
(82) Schools: music, dance or business;
(83) Self-service laundry and dry cleaning es-
tablishments;
(84) Shoe repair shops;
(85) Sporting goods stores;
(86) Tailor shops;
(87) Taverns;
(88) Telephone exchanges and telephone trans-
mission equipment structures;
(89) Theatres, indoor only;
(90) Travel bureaus and transportation ticket
offices;
(91) Variety stores;
(92) YMCA, YWCA, and other similar organi-
zations;
(93) Any other similar retail business not spe-
cifically listed is permitted if it complies
with the conditions and the restrictions con-
tained in section 42-336;
(94) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(95) Signs as permitted by article X of this
chapter;
~ 42-335
(96) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-613(1); Ord. No. 81-8863, ~ 11, 8-3-81)
Sec. 42-333. Conditional uses.
Conditional uses in the C-6 district are as follows:
(1) Outdoor theatres;
(2) Tire repair shops, recapping, etc. (Code 1966,
~ 36-613(2); Ord. No. 80-8808, ~ 1, 8-25-80;
Ord. No. 81-8863, ~ 12, 8-3-81)
Sec. 42-334. Lot size requirements.
Lot size requirements in the C-6 district are as
follows:
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-613(3))
Sec. 42-335. Bulk regulations.
Bulk regulations in the C-6 district are as follows:
(1) Maximum structure height: fifty (50) feet.
(2) Yard requirements:
a. Front yard: Property located adjacent to
the following various types of streets shall
maintain the following yards regardless
of whether it is a front, side or rear yard
or any combination thereof:
1. Residential street: twenty-five (25) feet
from the property line or fifty-five
(55) feet from the center line, which-
ever is greater.
2. Collector street: twenty-five (25) feet
from the property line or sixty-five
(65) feet from the center line, which-
ever is greater.
3. Arterial street: twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, which-
ever is greater.
b. No side or rear yard setback shall be
required other than under the conditions
specified in subsection (2)a., except that
2505
~ 42-335
SALINA CODE
when located adjacent to property in a
residential district there shall be a set-
back of ten (10) feet.
c. Each motel and hotel shall have a mini-
mum side yard on each side of the zoning
lot of not less than ten (10) feet, and a
minimum rear yard of not less than twenty
(20) feet.
d. Gasoline pumps, air pumps, and water
service and other fixtures used in con-
nection with gasoline service stations shall
be located not less than twelve (12) feet
from the property line of any street or
road on which the service station abuts.
(3) Maximum lot coverage: fifty (50) percent. (Code
1966, ~ 36-613(4))
Sec. 42-336. Use limitations.
Use limitations in the C-6 district are as follows:
(1) No structure shall be used for residential pur-
poses except for a security guard or night
watchman or the owner or operator of the
business located on the premises.
(2) All outdoor storage including off-street park-
ing spaces shall be enclosed by screening from
adjacent property located in a residential
district.
(3) All lighting shall be so located to avoid cast-
ing direct light upon any property located in
a residential district.
(4) Sight-obscuring screening of not less than six
(6) feet in height shall be provided along all
lot lines that abut a residential district. (Code
1966, ~ 36-613(5))
Sees. 42-337-42-345. Reserved.
DIVISION 17. I-I INDUSTRIAL PARK
DISTRICT
Sec. 42-346. Design.
The I-I district is designed to permit a broad
range of industrial activities within certain limi-
tations. The uses permitted in this district are
required to be in an enclosed structure and all
premises are to be landscaped according to an
approved landscape plan. All walks, drives and
parking areas shall be all-weather surfaced. (Code
1966, ~ 36-614)
Sec. 42-347. Permitted uses.
Permitted uses in the I-I district are as follows:
(1) Adding machine manufacture;
(2) Armories;
(3) Artificial flower manufacture;
{4) Automobile assembly;
(5) Automobile and truck washes;
(6) Automobile rental agency;
(7) Automobile repair (no wrecking yard);
(8) Bakery, wholesale;
(9) Beverage manufacturing and bottling (ex-
cluding malts and spirits);
(10) Bicycle manufacture;
(11) Blacksmith (no salvage yard);
(12) Boat sales, rental and service;
(13) Book publishing;
(14) Boot and shoe manufacture;
(15) Bottling works;
(16) Broom manufacture;
(17) Building materials yard;
(18) Business, professional and administrative
offices;
(19) Cabinet maker;
(20) Candy manufacture;
(21) Canning and preserving factory;
(22) Cap and hat manufacture;
(23) Carpenter shop;
(24) Carpet cleaning;
(25) Cleaning and pressing;
(26) Clock factory;
2506
e ZONING REGULATIONS ~ 42-347
(27) Clothing manufacture; (60) Greenhouses, retail and wholesale;
(28) Coffin manufacture; (61) Grocery store, wholesale;
e (29) Cold storage warehouse; (62) Gymnasium equipment manufacture;
(30) Commission house; (63) Hangars with repair facilities;
(31) Concrete burial vault company; (64) Hat cleaning;
(32) Condensed milk manufacture; (65) Hatchery;
(33) Contractor's storage yard and offices; (66) Hay, grain, feed, wholesale;
(34) Cosmetic manufacture; (67) Ice cream manufacture;
(35) Creamery, wholesale; (68) Ice manufacture;
(36) Dairy, wholesale; (69) Jewelry manufacture;
(37) Dental laboratory; (70) Knit goods manufacture;
(38) Drug manufacture; (71) Laboratories;
(39) Dry cleaning establishment; (72) Laundry;
(40) Drygoods, wholesale; (73) Limb (artificial) manufacture; (prosthesis
(41) Dyeing and cleaning; manufacture);
e (42) Electrical repair; (74) Lime and cement warehouse;
(43) Electrical sign manufacture; (75) Looseleaf book manufacture;
(44) Enameling and painting; (76) Lumber yard;
(45) Engraving plant; (77) Macaroni manufacture;
(46) Envelope manufacture; (78) Machinery and implement sales, storage,
and repair;
(47) Express storage and delivery station; (79) Mattress manufacture;
(48) Feed and seed stores; (80) Medicine manufacture;
(49) Feed manufacture; (81) Metal fabrication and assembly;
(50) Feed, wholesale; (82) Milk bottling plant;
(51) Flour and grain storage and elevators; (83) Milk depot, wholesale;
(52) Food products manufacture; (84) Millinery making;
(53) Frozen food lockers; (85) Mineral distillation and bottling;
(54) Fruit and vegetable drying; (86) Mini-warehouses;
(55) Fur warehouse; (87) Mobile home sales and service;
- (56) Furniture warehouse/storage; (88) Motorcycle repair;
(57) Garage, repair; (89) Moving company, with storage facilities;
(58) Garment factory; (90) Newspaper offices and printing;
e (59) Grain elevator;
2507
~ 42-347
SALINA CODE
(91) Office building on same site as industry
(factory);
(92) Office equipment and supply manufacture;
(93) Optical goods and manufacture;
(94) Organ manufacture;
(95) Overalls manufacture;
(96) Paper products manufacture;
(97) Pencil factory;
(98) Perfumery;
(99) Pest control and exterminators;
(100) Pharmaceutical products manufacture;
(101) Phonograph manufacture;
(102) Photo engraving company;
(103) Piano manufacture;
(104) Plumbing shop;
(105) Popcorn factory;
(106) Printing plants;
(107) Produce warehouse;
(108) Public utility plants and services, includ-
ing substations;
(109) Publishing company;
(110) Pump station;
(111) Radio manufacture;
(112) Recreational vehicle, rental, sales and service;
(113) Refrigerator manufacture;
(114) Relay station (radio, television, etc.);
(115) Research facilities;
(116) Rug cleaning;
(117) Saddle manufacture;
(118) Screw and bolt manufacture;
(119) Seed company (processing);
(120) Sheet metal shop;
(121) Shirt factory;
(122) Sign painting;
(123) Small animal hospitals;
(124) Soap manufacture;
(125) Soda water manufacture;
(126) Sporting goods manufacture;
(127) Stair manufacture;
(128) Storage warehouse;
(129) Tailor shop;
(130) Taxicab storage, repair;
(131) Tea and spice packing;
(132) Television aerials (classed with building to
which attached);
(133) Television manufacture;
(134) Television sending or relay towers;
(135) Textile manufacture;
(136) Thermometer or thermostat manufacture;
(137) Tin products, wholesale;
(138) Tinsmith shop;
(139) Tire repair shop, recapping, etc.;
(140) Transfer company, baggage storage;
(141) Truck sales, rental and service;
(142) Truck terminals;
(143) Trunk manufacture;
(144) Upholstery manufacture;
(145) Vulcanizing shop (rubber);
(146) Wallpaper manufacture;
(147) Warehouse;
(148) Washing machine manufacture;
(149) Watch manufacture;
(150) Water company appurtenances;
(151) Waterproofing treatment and manufacture;
(152) Welding shop (no salvage yard);
(153) Wholesale houses;
(154) Wholesale produce storage and market;
(155) Window shade manufacture;
2508
e
e
e
e
e
ZONING REGULATIONS
~ 42-360
(156) Wire brush manufacture;
(157) Wood products manufacture;
(158) Woodworking shops;
(159) Worsted goods manufacture;
(160) Woven goods manufacture;
(161) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(162) Signs, as permitted by article X of this
chapter;
(163) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-614(1))
Sec. 42-348. Conditional uses.
Conditional uses in the 1-1 district are as fol-
lows: none. (Code 1966, ~ 36-614(2))
Sec. 42-349. Lot size requirements.
Lot size requirements in the 1-1 district are as
follows:
(1) Minimum lot width: one hundred (100) feet.
(2) Minimum lot depth: one hundred fifty (150)
feet.
(3) Minimum zoning area: one acre, unless con-
tiguous to or within two hundred (200) feet of
a similar district. The minimum zoning area
may not be varied by more than ten (10) per-
cent. (Code 1966, ~ 36-614(3))
Sec. 42-350. Bulk regulations.
Bulk regulations in the 1-1 district are as follows:
(1) Maximum structure height: fifty (50) feet.
(2) Yard requirements:
a. Front yard: thirty-five (35) feet on all sides
abutting a street, except when located
adjacent to an arterial street, there shall
be a setback of seventy-five (75) feet from
the street center line. The greater dis-
tance shall prevail.
b. Side yard: twenty (20) feet.
c. Rear yard: twenty (20) feet.
(3) Maximum lot coverage: thirty-five (35) per-
cent. (Code 1966, ~ 36-614(4))
Sec. 42-351. Use limitations.
Use limitations in the 1-1 district are as follows:
(1) All operations, activities and storage shall be
conducted wholly inside a building or build-
ings, unless the nearest point of such opera-
tion or activity is more than two hundred
(200) feet from the boundary of any zoning
district other than an 1-1, 1-2, or 1-3 district
and except that storage may be maintained
outside the building in side yards or rear
yards if such storage area is separated from
public streets and other property (except prop-
erty located in an 1-1, 1-2, or 1-3 district) by
screening of not less than six (6) feet in height.
(2) No retail sales or services shall be permitted
except incidental or accessory to a permitted
use.
(3) Servicing and maintenance of vehicles shall
be permitted only when such is necessary to
the conduct of a permitted use.
(4) All premises in an 1-1 district shall be fur-
nished with all-weather, hard surface walks
and, except for parking areas, the grounds
shall be planted and landscaped according to
a landscape plan which shall be filed in the
zoning administrator's office.
(5) If a lot in an 1-1 district adjoins a residential
district, screening shall be provided at the lot
lines sufficient to protect, on a year-round
basis, the privacy of adjoining residential uses.
(6) No building shall be used for residential pur-
poses except that a watchman may reside on
the premises.
(7) Exterior lighting shall be shaded so that no
direct light is cast upon any property located
in a residential district or upon any street
where glare is visible to traffic. (Code 1966, ~
36-614(5))
Sees. 42-352-42-360. Reserved.
2509
~. 42-361
SALINA CODE
DIVISION 18. 1-2 LIGHT INDUSTRIAL (24) Cleaning and pressing;
DISTRICT (25) Clock factory;
Sec. 42-361. Design. (26) Clothing manufacture;
The 1-2 district is designed to permit industrial (27) Coffin manufacture;
activities of a limited nature. This includes uses
which in many cases are compatible with adja- (28) Cold storage warehouse;
cent use districts. (Code 1966, ~ 36-615) (29) Commission house;
Sec. 42-362. Permitted uses. (30) Concrete burial vault company;
Permitted uses in the 1-2 district are as follows: (31) Condensed milk manufacture;
(1) Any retail or commercial use, except those (32) Contractor's storage yard and offices;
listed as conditional uses in the 1-2 or 1-3 (33) Cosmetic manufacture;
districts;
(2) Adding machine manufacture; (34) Creamery, wholesale;
(3) Armories; (35) Dairy, wholesale;
(4) Artificial flower manufacture; (36) Dental laboratory;
(5) Automobile assembly; (p7) Drug manufacture;
(6) Automobile and truck washes; (38) Dry cleaning establishment;
(7) Automobile rental agency; (39) Drygoods, wholesale;
(8) Automobile repair (no wrecking yard); (40) Dyeing and cleaning;
(9) Bakery, wholesale; (41) Electrical repair;
(10) Beverage manufacturing and bottling (ex- (42) Electrical sign manufacture;
cluding malts and spirits); (43) Enameling and painting;
(11) Bicycle manufacture; (44) Engraving plant;
(12) Blacksmith (no salvage yard); (45) Envelope manufacture;
(13) Book publishing; (46) Express storage and delivery station;
(14) Boot and shoe manufacture; (47) Feed and seed stores;
(15) Bottling works; (48) Feed manufacturer;
(16) Broom manufacture; (49) Feed, wholesale;
(17) Building materials yard; (50) Flour and grain storage and elevators;
(18) Cabinet maker; (51) Food products manufacture;
(19) Candy manufacture; (52) Frozen food lockers;
(20) Canning and preserving factory; (53) Fruit and vegetable drying;
(21) Cap and hat manufacture; (54) Fur warehouse;
(22) Carpenter shop; (55) Furniture warehouse/storage;
(23) Carpet cleaning; (56) Garage, repair;
2510
e ZONING REGULATIONS ~ 42-362
(57) Garment factory; (89) Office building on same site as industry
(58) Greenhouses, retail and wholesale; (factory);
e (59) Grocery store, wholesale; (90) Office equipment and supply manufacture;
(60) Gymnasium equipment manufacture; (91) Optical goods manufacture;
(61) Hangars with repair facilities; (92) Organ manufacture;
(62) Hat cleaning; (93) Overalls manufacture;
(63) Hatchery; (94) Paper products manufacture;
(64) Hay, grain, feed, wholesale; (95) Pencil factory;
(65) Ice cream manufacture; (96) Perfumery;
(66) Ice manufacture; (97) Pest control and exterminators;
(67) Jewelry manufacture; (98) Pharmaceutical products manufacture;
(68) Knit goods manufacture; (99) Phonograph manufacture;
(69) Laboratories; (100) Photo engraving company;
(70) Laundry; (101) Piano manufacture;
(71) Limb (artificial) manufacture; (prosthesis (102) Plumbing shop;
e manufacture); (103) Popcorn factory;
(72) Lime and cement warehouse; (104) Printing plants;
(73) Looseleaf book manufacture; (105) Produce warehouse;
(74) Lumber yard; (106) Public utility plants and services, includ-
(75) Macaroni manufacture; ing substations;
(76) Machinery and implement sales, rental, sOOr- (107) Publishing company;
age and repair; (108) Pump station;
(77) Mattress manufacture; (109) Radio manufacture;
(78) Medicine manufacture; (110) Refrigerator manufacture;
(79) Metal fabrication and assembly; (111) Refuse service;
(80) Milk bottling plant; (112) Relay station (radio, television, etc.);
(81) Milk depot, wholesale; (113) Research facilities;
(82) Millinery making; (114) Rug cleaning;
(83) Mineral distillation and bottling; (115) Saddle manufacture;
(84) Mini-warehouses; (116) Screw and bolt manufacture;
- (85) Mobile home sales and service; (117) Seed company (processing);
(86) Motorcycle repair; (118) Sheet metal shop;
(87) Moving company, with storage facilities; (119) Shirt factory;
e (88) Newspaper offices and printing; (120) Sign painting;
2511
~ 42-362
SALINA CODE
(121) Small animal hospitals;
(122) Soap manufacture;
(123) Soda water manufacture;
(124) Sporting goods manufacture;
(125) Stair manufacture;
(126) Storage warehouse;
(127) Tailor shop;
(128) Taxicab storage, repair;
(129) Tea and spice packing;
(130) Television aerials (classed with building to
which attached);
(131) Television manufacture;
(132) Television sending or relay towers;
(133) Textile manufacture;
(134) Thermometer or thermostat manufacture;
(135) Tin products, wholesale;
(136) Tinsmith shop;
(137) Tire repair shop, recapping, etc.;
(138) Transfer company, baggage storage;
(139) Truck sales, rental and service;
(140) Truck terminals;
(141) Trunk manufacture;
(142) Upholstery manufacture;
(143) Vulcanizing shop (rubber);
(144) Wallpaper manufacture;
(145) Warehouse;
(146) Washing machine manufacture;
(14 7) Watch manufacture;
(148) Water company appurtenances;
(149) Waterproofing treatment and manufacture;
(150) Welding shop (no salvage);
(151) Wholesale houses;
(152) Wholesale produce storage and market;
(153) Window shade manufacture;
(154) Wire brush manufacture;
(155) Wood products manufacture;
(156) Woodworking shops;
(157) Worsted goods manufacture;
(158) Woven goods manufacture;
(159) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(160) Signs, as permitted by article X of this
chapter;
(161) Off-street parking and loading, as required
by article XI of this chapter;
(162) Any other similar industrial use, provided
that it complies with the limitations in sec-
tion 42-366. (Code 1966, ~ 36-615(1))
Sec. 42-363. Conditional uses.
Conditional uses in the 1-2 district are as fol-
lows: None. (Code 1966, ~ 36-615(2))
Sec. 42-364. Lot size requirements.
Lot size requirements in the 1-2 district are as
follows:
(1) Minimum lot area: five thousand (5,000) square
feet.
(2) Minimum lot width: fifty (50) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-615(3))
Sec. 42-365. Bulk regulations.
Bulk regulations in the 1-2 district are as follows:
(1) Maximum structure height: no limitation.
(2) Minimum yard requirements:
a. Minimum front yard: twenty-five (25) feet
on all sides abutting a street, except when
located adjacent to an arterial street there
shall be a setback of seventy-five (75) feet
from the street center line. The greater
distance shall prevail.
b. Side yard: no minimum requirement, but
if a side yard abuts a residential district,
a side yard of ten (10) feet shall be provided.
2512
e
e
e
-
e
ZONING REGULATIONS
~ 42-382
c. Minimum rear yard: no mInImUm re-
quirement, but if a rear yard abuts a
residential district, a rear yard of ten
(10) feet shall be provided.
(3) Maximum lot coverage: fIfty (50) percent. (Code
1966, ~ 36-615(4))
Sec. 42-366. Use limitations.
Use limitations in the 1-2 district are as follows:
(1) All operations, activities and storage shall be
conducted wholly inside a building, or build-
ings, unless the nearest point of such opera-
tion or activity is more than two hundred
(200) feet from the boundary of any other
zoning district other than an 1-2 or 1-3 dis-
trict and except that storage may be main-
tained outside the building in side or rear
yards if such storage area is separated from
public streets and other property (except prop-
erty located in an 1-2 or 1-3 district) by screen-
ing of not less than six (6) feet in height.
(2) Servicing and maintenance of vehicles shall
be permitted only when such is necessary to
the conduct of a permitted use.
(3) If a lot in an 1-2 district adjoins a residential
district, screening of not less than six (6) feet
in height shall be provided at the lot lines
sufficient to protect, on a year-round basis,
the privacy of adjoining residential uses.
(4) No building shall be used for residential pur-
poses except that a watchman may reside on
the premises. (Code 1966, ~ 36-615(5))
Sees. 42-367-42-380. Reserved.
DIVISION 19. 1-3 HEAVY INDUSTRIAL
DISTRICT
Sec. 42-381. Design.
The 1-3 district is designed for those industries
which are apt to have an extensive impact on the
'surrounding area. If possible, 1-3 district should
be separated from residential districts and the
more restricted business districts by intervening
or restrictive industrial or commercial zones. (Code
1966, ~ 36-616)
Sec. 42-382. Permitted uses.
Permitted uses in the 1-3 district are as follows:
(1) Any retail or commercial use except those
listed as conditional in section 42-383;
(2) All permitted uses in the 1-2 district;
(3) Airplane repair and manufacture;
(4) Automobile manufacturing;
(5) Bag cleaning;
(6) Bank equipment manufacture;
(7) Barrel manufacture;
(8) Beet sugar manufacture;
(9) Beverage manufacture and bottling;
(10) Bleaching powder manufacture;
(11) Blooming mill;
(12) Blueing manufacture;
(13) Boat manufacture;
(14) Box manufacture;
(15) Brass foundry;
(16) Brewery;
(17) Brick yard and kiln;
(18) Bronze manufacture;
(19) Brush manufacture;
(20) Can manufacture;
(21) Candle manufacture;
(22) Car manufacture;
(23) Car wheel foundry;
(24) Cast iron pipe manufacture;
(25) Casting foundry;
(26) Celluloid manufacture;
(27) Chalk manufacture;
(28) Charcoal manufacture and pulverizing;
(29) Cheese manufacture;
(30) Chocolate and cocoa products;
(31) Cider and vinegar manufacture;
2513
~ 42-382
SALINA CODE
(32) Clay products; (65) Lumber mill;
(33) Coal yards; (66) Machine shop;
(34) Coffee roasting; (67) Machinery manufacture;
(35) Concrete batching or "ready mixed" plant; (68) Mailbox manufacture;
(36) Concrete products company; (69) Malt products manufacture;
(37) Copper manufacture; (70) Meat cutter and coffee grinder manufacture;
(38) Cotton yarn manufacture; (71) Meat packing plant;
(39) Culvert pipe manufacture; (72) Metal polish manufacture;
(40) Electrical supply manufacture; (73) Metal weather-stripping manufacture;
(41) Elevator manufacture; (74) Milling company;
(42, Emery doth manufacture; (75) Mini-warehouses;
(43) Engine manufacture; (76) Monument works;
(44) Excelsior manufacture; (77) Motorcycle manufacture;
(45) Fire brick manufacture; (78) Nail manufacture;
(46) Fire clay products manufacture; (79) Needle manufacture;
(47) Flour and grain milling; (80) Oilcloth manufacture;
(48) Foundry; (81) Packing (meat, poultry) plant;
(49) Fuel storage and distribution; (82) Pattern shop;
(50) Furnace manufacture; (83) Pipe (concrete) manufacture;
(51) Furniture manufacture; (84) Pipe (metal) manufacture;
(52) Glass manufacture; (85) Planing mill;
(53) Hair products factory; (86) Plaster of paris manufacture;
(54) Hardware manufacture; (87) Plating works;
(55) Heating supplies and appliances manufac- (88) Poultry food manufacture;
ture; (89) Printing ink manufacture;
(56) Hosiery mill; (90) Quilt manufacture;
(57) Iron (ornamental) works; (91) Radiator (heating) manufacture;
(58) Lath manufacture; (92) Rivet manufacture;
(59) Laundry machinery manufacture; (93) Rope manufacture;
(60) Leather and leather goods manufacture; (94) Rubber cement manufacture;
(61) Light and power manufacture; (95) Rubber manufacture;
(62) Linen goods manufacture; (96) Rug manufacture;
(63) Linoleum manufacture; (97) Salt manufacture;
(64) Lubricating machinery manufacture; (98) Salvage storage yard;
2514
e
e
e
-
e
ZONING REGULATIONS
~ 42-386
(99) Sand and gravel storage yard;
(100) Sand paper manufacture;
(101) Sausage or sausage casing manufacture;
(102) Sawmill;
(103) Sewer pipe manufacture;
(104) Shingle manufacture;
(105) Shoe manufacture;
(106) Shovel manufacture;
(107) Starch manufacture;
(108) Soybean oil manufacture;
(109) Stone cutting and screening;
(110) Stove and range manufacture;
(111) Sweeping compound manufacture;
(112) Syrup and preserve manufacture;
(113) Tack manufacture;
(114) Terra cotta manufacture;
(115) Tile manufacture;
(116) Tin foil manufacture;
(117) Tin products manufacture;
(118) Tire manufacture;
(119) Tool manufacture;
(120) Vinegar manufacture;
(121) Washing powder manufacture;
(122) Washing soda manufacture;
(123) Waste paper products manufacture;
(124) Wire manufacture;
(125) Wood preserving treatment manufacture;
(126) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(127) Signs, as permitted by article X of this
chapter;
(128) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-616(1))
Sec. 42-383. Conditional uses.
Conditional uses in the 1-3 district are as follows:
(1) Anhydrous ammonia production and storage;
(2) Explosives manufacture and storage (includ-
ing fireworks);
(3) Any other uses not now or hereafter prohib-
ited by ordinance of the city. (Code 1966, ~
36-616(2))
Sec. 42-384. Lot size requirements.
Lot size requirements in the 1-3 district are as
follows:
(1) Minimum lot area: five thousand (5,000) square
feet.
(2) Minimum lot width: fifty (50) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-616(3))
Sec. 42-385. Bulk regulations.
Bulk regulations in the 1-3 district are as follows:
(1) Maximum structure height: no limitation.
(2) Minimum yard requirements:
a. Minimum front yard: twenty-five (25) feet
on all sides abutting a street, except when
located adjacent to an arterial street there
shall be a setback of seventy-five (75) feet
from the street center line. The greater
distance shall prevail. .
b. Side yard: no minimum requirements, but
if a side yard abuts a residential district,
a side yard often (10) feet shall be provided.
c. Minimum rear yard: no minimum re-
quirements, but if a rear yard abuts a
residential district, a rear yard of ten
(10) feet shall be provided.
(3) Maximum lot coverage: seventy-five (75) per-
cent. (Code 1966, ~ 36-616(4))
Sec. 42.386. Use limitations.
Use limitations in the 1-3 district are as follows:
(1) If a lot in an 1-3 district adjoins a residential
district, screening of not less than six (6) feet
2515
~ 42-386
SALINA CODE
in height shall be provided at the lot line
sufficient to protect, on a year-round basis,
the privacy of the adjoining residential uses.
(2) No building shall be used for residential pur-
poses except that a watchman or custodian
may reside on the premises. (Code 1966, ~
36-616(5))
Sees. 42-387-42-400. Reserved.
ARTICLE VII. PLANNED
DEVELOPMENT DISTRICTS*
Sec. 42-401. Purpose.
The application of flexible land use controls to
the development of land is often difficult or im-
possible with traditional zoning district regula-
tions. In order to permit the use of more flexible
land use regulations and to facilitate use of the
most advantageous techniques of land development,
the board of commissioners is authorized by Kan-
sas Statutes Annotated, Sections 12-725 through
12-733, to establish planned development districts
in which the zoning regulations are in harmony
with the general purpose and intent of this chap-
ter, and with the comprehensive plan of the city,
but in which such regulations differ in one or
more respects from the zoning regulations that
are applicable in any of the districts that are
established by this chapter. (Code 1966, ~ 36-700)
Sec. 42-402. General provisions.
(a) The board of commissioners may, by ordi-
nance, approve the establishment of a planned
development district on any parcel or tract of land
which is suitable for, and of sufficient size to be
planned and developed or redeveloped, as a planned
unit development and in a manner consistent with
the intent and purpose of this chapter and with
the comprehensive plan.
(b) A planned development district may be es-
tablished for a residential planned development
or for a general planned development. A devel-
opment shall be deemed to be a residential planned
development when it is limited to dwelling units
.State law reference-Planned unit development in cities
and counties, K.S.A. 12-725 et seq.
in detached, semi-detached, attached or multi-storied
structures, or any combination thereof; and non-
residential uses of a religious, cultural, recrea-
tional and business character that are primarily
designed and intended to serve the residents of
the residential planned development. A develop-
ment shall be deemed to be a general planned
development when it contains business and/or in-
dustrial structures and uses exclusively or when
it blends residential structures or dwelling units
in a unified plan with business and/or industrial
structures and uses.
(c) Business and industrial structures and uses
in planned development districts shall comply with
the limitation of use standards for any commer-
cial or industrial district in which any contem-
plated use is first permitted in this chapter and
with the off-street parking and loading require-
ments contained in article XI ofthis chapter. (Code
1966, ~ 36-701)
Sec. 42-403. Standards and criteria for
planned developments.
(a) For all planned developments. A development
plan that is not inconsistent with the standards
set out in this section or with such general poli-
cies or specific rules and regulations for planned
development districts as may be adopted from
time to time by the board of commissioners or the
planning commission and placed of [on] public
record in the office of the zoning administrator
shall prima facie be deemed to have qualified for
preliminary approval. No such policies, rules or
regulations shall be revised or added to so as to be
applicable to a specific proposal for a planned
development after an application for preliminary
approval of a specific development plan has been
filed. A development plan shall not be inconsis-
tent with the following general standards for use
of land, and the use, type, bulk, design, and loca-
tion of buildings, the density or intensity of use,
the common open space, the public facilities and
the development by geographic division of the
site:
(1) The planned development can be substan-
tially completed within the period of time
specified in the schedule of development
submitted by the developer.
2516
e
e
e
-
e
ZONING REGULATIONS
~ 42-403
(2) The planned development will not substan-
tially injure or damage the use, value and
enjoyment of surrounding property nor hin-
der or prevent the development of surround-
ing property in accordance with the land
use plan.
(3) The site will be accessible from public roads
that are adequate to carry the traffic that
will be imposed upon them by the proposed
development and the streets and driveways
on the site of the proposed development
will be adequate to serve the residents, oc-
cupants, or users of the proposed develop-
ment. Traffic-control signals will be provided
without expense to the city when the board
of commissioners determines that such sig-
nals are required to prevent traffic hazards
or congestion in adjacent streets.
(4) The development will not impose an undue
burden on public services and facilities, such
as fire and police protection.
(5) The entire tract or parcel of land to be
occupied by the planned development shall
be held in a single ownership, or if there
are two (2) or more owners, the application
for such planned development shall be filed
jointly by all such owners.
(6) The development plan shall contain such
proposed covenants, easements and other
provisions relating to the bulk, location and
density of residential buildings, nonresiden-
tial uses and structures, and public facili-
ties as are necessary for the welfare of the
planned development and are not inconsis-
tent with the best interests of the area.
Such covenants, easements and other pro-
visions, if part of the development plan as
finally approved, may be modified, removed
or released only with the consent of the
board of commissioners after a public hear-
ing before, and recommendations by, the
planning commission as provided in section
42-404(bYl). All such covenants shall spe-
cifically provide for enforcement by the city
in addition to the landowners within the
development.
(7) The planning commission may designate
divisible geographic areas of the entire par-
cel to be developed as a planned unit de-
velopment and shall, in such case, specify
reasonable periods within which develop-
ment of each such area must be commenced.
In the case of residential planned develop-
ments and general planned developments
which contain residential buildings, the plan-
ning commission may permit in each area
deviations from the number of dwelling units
per acre established for the entire planned
development, provided such deviation shall
be adjusted for in other sections of the de-
velopment so that the number of dwelling
units per acre authorized for the entire
planned development is not affected. The
period of time established for. the comple-
tion of the entire development and the com-
mencement date for each section thereof
may be modified from time to time by the
planning commission, upon the showing of
good cause by the developer, provided that
in no case shall any extension of time ex-
ceed twelve (12) months. The developer shall
provide and record easements and covenants
or shall make such other arrangements,
and shall furnish such performance bond,
escrow deposit, or other financial guaran-
tees as may be determined by the planning
commission to be reasonably required to
assure performance in accordance with the
development plan and to protect the public
interest in the event of abandonment of the
plan before completion.
(8) The location and arrangement of structures,
parking areas, walks, lighting and appur-
tenant facilities shall be compatible with
the surrounding land uses, and any part of
a planned development not used for struc-
tures, parking and loading areas, or access-
ways, shall be landscaped or otherwise im-
proved, unless said open space would ac-
complish the intent of this section if left in
its natural state.
(9) When business or manufacturing structures
or uses in a planned development district
abut a residential district or residential build-
ings in the same development, screening
shall be provided. In no event shall a busi-
ness or manufacturing structure in a planned
2517
~ 42-403
SALINA CODE
development district be located nearer than
one hundred (100) feet to a residential
building.
(10) Notwithstanding any of the other provisions
of this chapter, when a shopping center is
developed as a planned development dis-
trict, such shopping center shall provide a
parking space in off-street parking for each
two hundred (200) square feet of floor area
in the structures located in the planned
shopping center development. Such off-street
parking facilities shall comply with the pro-
visions of article XI of this chapter.
(11) The specifications for the width and surfac-
ing of streets and highways, alleys, ways
for public utilities, for curbs, gutters, side-
walks, street lights, public parks and play-
grounds, school grounds, storm drainage,
water supply and distribution, sanitary sew-
ers and sewage collection and treatment
established in the subdivision regulations
of the city, as amended from time to time
may, within the limits hereinafter speci-
fied, be waived or modified by the planning
commission where the commission finds that
such specifications are not required in the
interests of the residents or occupants of
the planned development and that the waiver
or modification of such specifications would
not be inconsistent with the interests of
the city.
(12) Any modifications of the zoning or other
regulations that would otherwise be appli-
cable to the site are warranted by the de-
sign to the development plan, and the amen-
ities incorporated in it, and are not incon-
sistent with the interest of the public
generally.
(b) Standards for residential planned develop-
ments and general planned developments contain-
ing residential buildings.
(1) Any development plan that does not propose
to increase the number of dwelling units per
acre that would otherwise be permitted on
the property under the zoning regulations oth-
erwise applicable thereto shall be prima facie
qualified for preliminary approval insofar as
residential density is concerned. A develop-
ment plan may provide for a greater number
of dwelling units per acre than would be per-
mitted by the zoning regulations otherwise
applicable to the site, but if the number of
dwelling units per acre exceeds by more than
ten (10) percent that permitted by the zoning
regulations otherwise applicable to the site,
the developer has the burden to show that
such excess will not have an undue and ad-
verse impact on existing public facilities and
on the reasonable enjoyment of neighboring
property. The planning commission, in deter-
mining the reasonableness of a proposed in-
crease in the number of dwelling units per
acres, shall recognize that increased density
may be compensated for by additional private
amenities and by increased efficiency in pub-
lic services to be achieved by the amount,
location and proposed use of common open
space, and the location, design and type of
dwelling units. The planning commission shall,
in its determination, also consider that the
physical characteristics of the site may make
increased densities appropriate in the particu-
lar location.
(2) When common open space is provided in a
development plan, the amount and location
of such common open space shall be consist-
ent with the declared function ofthe common
open space as set forth in the application for
a planned development district. The develop-
ment plan shall include such provisions for
the ownership and maintenance of the com-
mon open space as are reasonably necessary
to ensure its continuity, care, conservation
and maintenance, and to ensure that reme-
dial measures will be available to the city if
the common open space is permitted to dete-
riorate or is not maintained in a condition
consistent with the best interest of the planned
development or of the city.
(3) When a planned development includes com-
mon open space, such common open space
shall not be used for the construction of any
structure which is inconsistent with its in-
tended use, nor shall such open space ever be
computed as a part of the required minimum
lot area, or any required yard, of any other
2518
e
e
e
-
e
ZONING REGULATIONS
~ 42-404
structure. Adequate safeguards, including re-
corded covenants, shall be provided to pre-
vent the subsequent development and the fu-
ture construction of structures on such open
space. When a structure is permitted in said
open space, its construction shall be allowed
only after receiving specific approval from
the planning commission.
(4) The total ground area occupied by buildings
and structures shall not exceed thirty-five (35)
percent of the total ground area of the planned
development.
(5) Nonresidential uses of an educational or rec-
reational nature shall be designed or intended
primarily for the use of the residents of the
planned development.
(6) Other nonresidential uses may include and
shall be limited to the following:
a. Nonresidential uses of the extent such
nonresidential uses are designed or in-
tended to serve the residents of the planned
development or adjacent neighborhood.
Where residential uses are proposed in
conjunction with nonresidential uses no
structure designed or intended to be used
in part or in whole, for business, com-
mercial or industrial purposes shall be
constructed prior to the construction of
not less than thirty (30) percent of the
total number of dwelling units proposed
in the development plan. However, if in
the opinion of the planning commission,
said construction of dwelling units would
be contrary to public interest or to the
interest of the city as a whole, specific
written findings of fact which support
such conclusion shall be made and the
percentage of required dwelling units may
be reduced to the level deemed appropri-
ate within the general purpose and in-
tent of these regulations.
b. Commercial or business uses having a
major impact upon the city as a whole, or
major sub-elements thereof, such as shop-
ping centers, office complexes, major rec-
reational and entertainment facilities,
together with such other uses that are
designed or intended to serve such activ-
ities and uses.
c. Industrial parks, including other support-
ing uses necessary for and designed or
intended to serve such activities or uses.
(7) Planned developments in areas that are on
the fringes of urban development or are in
largely undeveloped areas shall maintain the
following minimum yards:
a. The distance at the closest point between
any structure and the boundary of the
planned development district shall be at
least two (2) times the perpendicular dis-
tance from the lowest first floor window
sill to the highest point on the roof of the
structure.
b. When two (2) or more structures are lo-
cated in any proposed planned develop-
ment, the distance at the closest point
between any two (2) structures contain-
ing residential uses, or between a struc-
ture containing residential uses and any
other structure, shall be equal to two (2)
times the perpendicular distance from the
lowest first floor window sill of any struc-
ture containing residential uses to the
highest point in the roof of the other struc-
ture. (Code 1966, ~ 36-702; Ord. No.
81-8887, ~ 1,5-3-82)
Sec. 42-404. Procedure for securing approval
of a planned development and
the establishment of a planned
development district.
(a) Preliminary development plan:
(1) A developer seeking the establishment of a
planned development district shall prepare
and submit to the planning commission a pre-
liminary development plan for such planned
development district.
(2) The preliminary development plan shall con-
tain the following documents and information:
a. A survey of the tract that is to be devel-
oped showing existing features of the prop-
erty including streets, alleys, easements,
utility lines, existing land use, general
2519
~ 42-404
SALINA CODE
topography, physical features, and drain-
age;
b. A site plan showing the location and ar-
rangement of all existing and proposed
structures, the proposed traffic circulation
pattern within the development, the areas
to be developed for parking, the points of
ingress and egress, including access streets
where required, the relationship of abut-
ting land uses and zoning districts, pro-
posed lots and blocks, if any, proposed
public or common open space, if any, in-
cluding parks, playgrounds, school sites,
and recreational facilities, and proposed
drainage;
c. A preliminary plat of subdivision for which
approval has been secured pursuant to
the applicable ordinances, rules and regu-
lations relating to subdivision approval
or a copy of the existing recorded plat
which is appropriate for the intended plan;
d. A statement of the anticipated residen-
tial density (when applicable), the pro-
posed total gross floor area, and the per-
centage of the development which is to
be occupied by structures;
e. Preliminary sketches of the proposed struc-
tures and landscaping;
f. When a planned development is to be
constructed in stages, a schedule for the
development of such stages shall be sub-
mitted. No such stage shall have a resi-
dential density that exceeds by more than
twenty (20) percent the proposed residen-
tial density of the entire planned devel-
opment. When a planned development
provides for common open space, the total
area of common open space provided at
any stage of development shall, at a min-
imum, bear the same relationship to the
total open space to be provided in the
entire planned development as the stages
completed or under the development bear
to the entire planned development;
g. Evidence that the applicant has sufficient
control over the tract to effectuate the
proposed plan, including a statement of
all the ownership and beneficial interests
in the tract of land and the proposed
development;
h. When it deems it to be necessary, the
planning commission may require a traf-
fic survey setting out and analyzing the
effect that the planned development will
have upon traffic in the streets and thor-
oughfares adjacent to and in the vicinity
of the proposed development;
1. A statement showing the relationship of
the planned development to the compre-
hensive plan and future land use plan
for the city;
J. In the case of general planned develop-
ments, a statement identifying the prin-
cipal types of business and/or industrial
uses that are to be included in the pro-
posed development;
k. When a planned development includes
provisions for common open space, or rec-
reational facilities, a statement describ-
ing the provision that is to be made for
the care and maintenance of such open
space or recreational facilities. If it is
proposed that such open space be owned
and/or maintained by any entity other
than a governmental authority, copies of
the proposed articles of incorporation and
bylaws of such entity shall be submitted;
1. Copies of any restrictive covenants that
are to be recorded with respect to prop-
erty included in the planned development
district.
(b) Action on preliminary development plan:
(1) Hearing, findings and recommendation of plan-
ning commission. The planning commission
shall, within forty-five (45) days after a pre-
liminary development plan is filed with it,
hold a public hearing on the preliminary de-
velopment plan after giving the notice required
by article II of this chapter for hearings on
amendments. Such public hearing shall con-
sider all aspects of the preliminary develop-
ment plan including all proposed stages and/or
units of development. Within ten (10) days
2520
e
e
e
-
e
ZONING REGULATIONS
~ 42-405
after the last public hearing on such plan,
the planning commission shall prepare and
transmit to the board of commissioners and
to the developer specific findings of fact with
respect to the extent to which the prelimi-
nary development plan complies with the stand-
ards set out in this section, together with its
recommendations to the board of commission-
ers with respect to the action to be taken on
the preliminary development plan. The com-
mission may recommend disapproval, approv-
al, or approval with amendments, conditions
or restrictions. Copies of the findings and rec-
ommendations of the planning commission
shall be made available to any other inter-
ested persons.
(2) Action by the board of commissioners. The
board of commissioners shall approve or dis-
approve the preliminary development plan
within twenty-one (21) days after it receives
the findings and recommendations of the plan-
ning commission thereon. If the preliminary
development plan is disapproved, the devel-
oper shall be furnished with a written state-
ment of the reasons for disapproval of the
plan. If the preliminary development plan is
to be approved, the board of commissioners
shall, after receiving from the developer any
acceptance required by subsection (bX3) of this
section, adopt an ordinance approving the pre-
liminary development plan, and establishing
a planned development district for the parcel
or tract of land included in the preliminary
development plan.
(3) Restrictions and conditions. The board of com-
missioners may alter the preliminary devel-
opment plan, and impose such restrictions
and conditions on the planned development
as it may deem necessary to insure that the
development will be in harmony with the gen-
eral purpose and intent of this chapter and
with the comprehensive plan of the city. When
the board of commissioners alters the prelim-
inary development plan, or imposes any re-
strictions or conditions on such plan, the de-
veloper shall have fifteen (15) days within
which to file an acceptance of such alterations,
restrictions or conditions with the board of
commissioners. When an acceptance is required
by this section, no ordinance approving a pre-
liminary development plan and establishing
a planned development district shall be adopted
until such acceptance has been filed with the
planning commission.
(4) Form of ordinance. An ordinance approving a
planned development and establishing a
planned development district shall specify the
zoning regulations and restrictions that will,
pursuant to the development plan, apply in
the planned development district and shall
describe the boundaries of such district or set
such boundaries out on a map that is incor-
porated and published as a part of such ordi-
nance. Such ordinance shall also specify the
conditions and restrictions that have been
imposed by the board of commissioners on
the planned development, and the extent to
which the otherwise applicable district regu-
lations have been varied or modified. When
the planning commission has designated di-
visible geographic areas that may be devel-
oped as a planned development, the ordinance
shall authorize the planning commission to
modify the schedule of development to the
extent set out in section 42-403(aX7). (Code
1966, S 36-703)
Sec. 42-405. Status of preliminary develop-
ment plan after approval.
(a) Within seven (7) days after the adoption of
an ordinance approving a preliminary development
plan and establishing a planned development dis-
trict, such ordinance shall be certified by the city
clerk and shall be filed in the office of the zoning
administrator. A certified copy shall be mailed to
the developer. When approval of a preliminary
plan has been granted, the same shall be noted on
the zoning map maintained in the office of the
zoning administrator.
(b) Preliminary approval of a development plan
shall not qualify said plan for recording. A devel-
opment plan which has been given preliminary
approval as submitted or which has been given
preliminary approval with alterations, conditions
and restrictions, which have been accepted by the
developer (and provided that the developer has
not defaulted or violated any of the conditions of
the preliminary approval), shall not be modified
2521
~ 42-405
SALINA CODE
or revoked or otherwise impaired by action of the
city pending an application or applications for
approval .of a final development plan without the
consent of the developer, provided an application
for final approval is filed, or in the case of staged
developments, provided applications are filed, within
the time or times specified in the ordinance grant-
ing approval of the preliminary plan. If no time is
specified in such ordinance, then an application
for approval of a final development plan, or all
stages thereof, shall be filed within three (3) years.
(c) In the event a development plan is given
preliminary approval and thereafter, but prior to
approval of a final development plan, the devel-
oper shall:
(1) Choose to abandon the plan, he shall so no-
tify the planning commission in writing; or
(2) Fail to file an application, or applications, for
approval of a final plan within the required
time period, the preliminary plan shall be
deemed to be revoked.
(d) When a preliminary plan is revoked, all
that portion of the preliminary plan for which
final approval has not been given shall be subject
to those provisions of the zoning regulations and
other local ordinances, that were applicable thereto
immediately prior to the approval of the prelimi-
nary plan, as they may be amended from time to
time. The board of commissioners shall forthwith
adopt an ordinance repealing the planned devel-
opment district for that portion of the develop-
ment that has not received final approval and
reestablishing the zoning and other regulatory
provisions that would otherwise be applicable. When
a preliminary development plan is revoked, such
revocation shall be noted on the zoning map in
the office of the zoning administrator and in the
records of the city clerk. (Code 1966, ~ 36-704)
Sec. 42-406. Application for approval of final
development plan.
(a) An application for approval of a final devel-
opment plan may be filed for all the land included
in a planned development or for a stage thereof.
Such application shall be filed by the developer
with the planning commission within the time
specified in section 42-405(b) and shall be in sub-
stantial compliance with the preliminary devel-
opment plan as approved. The application shall
include:
(1) A detailed site plan showing the physical
layout and design of all streets, easements,
rights-of-way, lots, blocks, common open
space, structures and uses;
(2) Preliminary building plans, including ex-
terior elevations;
(3) Landscaping plans;
(4) Copies of any proposed easements and re-
strictive covenants;
(5) Proof of the establishment and activation
of any entity that is to be responsible for
the management and maintenance of any
common open space;
(6) Evidence that no lots, parcels or tracts or
dwelling units in such development have
been conveyed or leased prior to the record-
ing of any restrictive covenants applicable
to such planned development;
(7) Such bonds and other documents that may
have been required pursuant to sections
42-403(aX7), 42-404(bX3) and 42-404(bX4);
(8) A final subdivision plat for which approval
has been secured pursuant to the applica-
ble ordinances, rules and regulations relat-
ing to subdivision approval.
In accordance with the schedule proposed in the
application for approval of the preliminary plan,
the developer may elect to file an application for
final approval of only a geographic area of the
land included in the plan and may delay, within
the time limits authorized by the ordinance, ap-
plication for final approval of other areas. A pub-
lic hearing by the planning commission on an
application for approval of the final development
plan, or area thereof, shall not be required pro-
vided the final plan, or the area thereof submit-
ted for final approval, is in substantial compli-
ance with the preliminary development plan there-
tofore given approval.
(b) A development plan submitted for final ap-
proval shall be deemed to be in substantial compli-
ance with the preliminary plan, as approved, pro-
2522
e
e
e
-
e
ZONING REGULATIONS
vided any modification by the developer of the
preliminary plan, as approved, does not:
(1) Vary the proposed gross residential density
or intensity of use by more than five (5) per-
cent; or
(2) Involve a reduction of the area set aside for
common open space; or
(3) Increase by more than five (5) percent the
floor area proposed for nonresidential use; or
(4) Increase by more than five (5) percent the
total ground area covered by buildings.
A public hearing shall not be held to consider
modifications in the location and design of streets
or facilities for water and for disposal of storm
water and sanitary sewerage.
(c) A public hearing shall not be held on an
application for approval of a final development
plan when the plan is in substantial compliance
with the preliminary plan. When the application
for final approval has been filed, together with all
drawings, specifications and other documents re-
quired in support thereof, the planning commis-
sion shall, within twenty-one (21) days of filing,
grant such plan final approval.
(d) If the final development plan is not in sub-
stantial compliance with the preliminary plan,
the planning commission shall, within twenty-one
(21) days of the date the application for approval
of the final plan is filed, so notify the developer in
writing, setting out the particular ways in which
the final plan is not in substantial compliance
with the preliminary plan. The developer may
make such changes in the final plan as are neces-
sary to bring it into compliance with the prelimi-
nary plan, or he may file a written request with
the planning commission that it hold a public
hearing on his application for final approval. If
the developer shall fail to take either of these
alternate actions within sixty (60) days, he shall
be deemed to have abandoned the plan. Such pub-
lic hearing shall be held, notice thereof shall be
given, and the hearing shall be conducted in the
manner prescribed in section 42-24. Within four-
teen (14) days after the conclusion of the public
hearing, the planning commission shall, by reso-
lution, either grant or deny approval of the final
~ 42-407
plan. The denial or approval of the final plan
shall, in cases arising under this paragraph, be in
the form and contain the findings required for a
recommendation on an application for approval of
a preliminary development plan set out in section
42-404(bU).
(e) A final development plan, or any area there-
of, that has been approved by the planning com-
mission shall be so certified without delay by the
city clerk and shall be filed of [on] record in the
office of the zoning administrator before any de-
velopment shall take place in accordance there-
with. If the planning commission fails to act, ei-
ther by grant or by denial of final approval within
the time prescribed, the final plan shall be deemed
to be approved. Pending completion within a rea-
sonable time of said planned development, or of
any area thereof, that has been finally approved,
no modification of the provisions of the plan, or
area thereof, as finally approved, shall be made
except with the consent of the developer.
CD If a final development plan, or area thereof,
is approved and thereafter the developer shall
abandon part or all of said development plan and
shall so notify the planning commission in writ-
ing, then no development or further development
shall take place on the property included in the
development plan until after the property has
been reclassified by enactment of an amendment
to this ordinance in the manner prescribed for
such amendments in article II of this chapter.
However, if the development is not completed within
two (2) years after the approved completion date,
the planning commission may reevaluate the plan
and recommend appropriate action to the board of
commissioners. (Code 1966, ~ 36-705)
Sec. 42-407. Amendments.
A planned development district ordinance or
an approved preliminary or final development plan
may be amended by the board of commissioners,
but only after a public hearing has been held
pursuant to notice by section 42-24(b) and find-
ings of fact and recommendations have been pre-
pared by the planning commission and transmit-
ted to the board of commissioners in the manner
required by section 42-404(bX1). Nothing in this
section shall be construed as requiring a public
2523
~ 42-407
SALINA CODE
hearing in the case of minor alterations. The de-
termination of the need for a public hearing shall
be at the discretion of the zoning administrator.
(Code 1966, ~ 36-706)
Sec. 42-408. Recording.
Upon approval ofthe final development plan by
the planning commission, the same, together with
the final subdivision plat shall be recorded with
the register of deeds in the manner prescribed in
the subdivision regulations. (Code 1966, ~ 36-707)
Sees. 42-409-42-425. Reserved.
ARTICLE VIII. FLOOD PLAIN
ZONING DISTRICT*
Sec. 42-426. Statutory authorization.
The provisions for flood plain protection are
adopted pursuant to the authorization contained
in K.S.A. 12-705, 12-707, 12-710, 12-734 and 12-735.
(Code 1966, ~ 36-800)
Sec. 42-427. Purpose.
The uncontrolled use of flood plains, rivers and
streams, as well as filling, construction and cer-
tain other land practices in the flood plain of the
city adversely affect the public health, safety and
welfare and impairs the tax base of the city. In
addition, extraordinary public expenditures may
be required for the protection of persons and prop-
erty and for the relief of distress in areas subject
to periodic flooding. Therefore, it is the purpose of
this article to:
(1) Prohibit the placement of fill, materials and
structures which would unduly obstruct flood
flows. Subject to the provisions of sections
42-429(c), 42-430, 42-431 and 42-432, a total
prohibition will exist in areas designated as
floodway and a partial prohibition will exist
in areas designated as flood fringe;
(2) Protect human life and health, prevent prop-
erty damage, minimize business interruptions
.Cross reference-Flood prevention and control, Ch. 15.
State law reference-Floodplain regulation, K.S.A. 12-734
et seq.
and minimize rescue and relief efforts, which
generally must be undertaken at public
expense;
(3) Minimize expenditures of public monies for
costly flood control projects and minimize the
damage to public facilities in the flood plain,
such as water mains, sewer lines, streets and
bridges;
(4) Minimize flood blight areas and maintain prop-
erty values and a stable tax base adjacent to
the flood plain;
(5) Discourage the victimization of unwary home
and land buyers. (Code 1966, ~ 36-801)
Sec. 42-428. Warning and disclaimer of li-
ability.
The degree of flood protection required by this
article is considered to be reasonable for regula-
tory purposes and is based on engineering and
scientific methods of review and evaluation. How-
ever, larger floods may occur on rare occasions or
the flood height may be increased by man-made
or natural causes. This article does not imply
that areas outside the flood plain districts or land
uses permitted within such districts will be free
from flooding or flood damage. This article shall
not create liability on the part of the city or any
officer or employee thereof for any flood damage
that results from reliance on this article or on
any administrative decision lawfully made there-
under. (Code 1966, ~ 36-802)
Sec. 42-429. General provisions.
(a) Lands to which the flood plain article a~
plies. This article shall apply to all flood plain
areas within the city and to all flood plain areas
in unincorporated territory lying outside of but
within three (3) miles of the nearest point on the
city limits provided that the unincorporated ter-
ritory has not been designated a flood plain zone
or district by any other governmental unit or
subdivision.
(b) "Flood plain" defined. A "flood plain" for
the purposes of establishing a zone or district or
for imposing restrictions upon the use of land
under the provisions of this article shall include a
watercourse and land adjacent to a watercourse
2524
e
e
e
-
e
ZONING REGULATIONS
~ 42-433
subject to inundation from a flood having a chance
occurrence in anyone year of one percent. This is
the one hundred (100) year flood line.
(c) "Floodway and flood fringe" defined:
(1) Floodway. The channel of a stream or other
watercourse, and the land areas adjacent to
the stream channel, that are required to carry
and discharge the floodwaters of the regula-
tory flood (the one hundred (100) year flood)
without undue restriction.
(2) Flood fringe. That portion of the flood plain
lying outside of the floodway, i.e., subject to
being covered by floodwaters of a flood of a
given magnitude, but not required to carry
and discharge the floodwaters.
(d) National flood insurance. Nothing in this
article or in any regulations adopted hereunder
shall be construed as affecting the eligibility of
any existing structure located within the flood
plain for flood insurance under the National Flood
Insurance Act of 1968. (Code 1966, S 36-803)
Sec. 42-430. Establishment of flood plain
district.
The flood plain area within the jurisdiction of
this article is hereby declared to be one district,
the general flood plain (FP) district, as set forth
on the zoning map of the city attached hereto and
made a part of this chapter. The city shall also
designate on the zoning map those areas deter-
mined to be in the floodway portion and the flood
fringe portion of the flood plain district, pending
determination of those areas by the appropriate
state or federal agency. The flood plain district
shall be considered an overlay zoning district in
that the existing underlying zoning districts and
their district regulations shall apply in addition
to and complementary to these provisions. (Code
1966, S 36-804)
Sec. 42-431. Adoption of engineering criteria.
The flood plain district established and shown
on the district zoning map has been delineated by
use of studies and information developed by the
Corps of Engineers, U.S. Army, Kansas City Dis-
trict. Reports issued by that agency entitled, "Flood
Plain Information, Mulberry Creek, Dry Creek,
Salina, Kansas", dated March, 1972, and "Flood
Plain Information, Smoky Hill River, Saline River,
Dry Creek Diversion, Salina, Kansas", dated June,
1972, shall be used by the planning commission
in evaluating and administering the provisions of
the regulations contained within this article. El-
evation information contained in the aforemen-
tioned reports shall be used to determine the exact
location and limits ofthe "FP" flood plain district
and the elevation information supersedes the "FP"
delineation on the district zoning map. For the
purposes of this chapter, the "intermediate regional
flood" shall be the regulatory flood having a chance
occurrence in anyone year of one percent (the
average one hundred (100) year frequency flood),
and shall be used as the criteria for determining
floodwater inundation areas included within the
flood plain district and the floodwater surface el-
evations within that district. (Code 1966, S 36-805)
Sec. 42-432. Permitted uses.
The following open space uses shall be permit-
ted with the general flood plain district to the
extent that they are not prohibited by ordinance,
or state or federal statute, and provided they do
not require structures, fill or storage materials
and/or equipment:
(1) Agricultural uses such as general farming,
pasture, grazing, outdoor plant nurseries, hor-
ticulture, truck farming and forestry;
(2) Fishing, hunting, preservation of scenic and
scientific areas, public or private fish hatch-
eries, soil and water conservation, and wild-
life preserves;
(3) Loading areas, parking areas, lawns, gardens,
play areas, airport landing strips, and railroads;
(4) Private and public recreation uses, such as
golf courses, tennis courts, archery and fire-
arms ranges, picnic grounds, boating and
swimming areas, parks, shooting preserves,
hiking and horseback trails;
(5) Other similar open space uses. (Code 1966, S
36-806)
Sec. 42-433. Conditional uses.
The following uses may be permitted as condi-
tional uses subject to the provisions of this article
and of section 42-597:
2525
~ 42-433
SALINA CODE
(1) In the floodway portion of the flood plain district:
a. Uses or structures accessory to open space
uses;
b. Drive-in theatres, new and used car lots,
roadside stands, signs and billboards;
c. Extraction of sand, gravel and other
materials;
d. Marinas, boat rentals, docks, piers and
wharves;
e. Streets, bridges, utility transmission lines
and pipelines;
f. Other similar uses consistent with the
standards set forth in section 42-434.
(2) In the flood fringe portion of the flood plain
district. All uses which are permitted or condi-
tional uses in the underlying zone may be
allowed as conditional uses in the flood fringe
subject to the standards, factors, and condi-
tions set forth in sections 42-434 and 42-435.
(Code 1966, ~ 36-807)
Sec. 42-434. Standards for issuance of con-
ditional use permit in flood plain
district.
(a) In the floodway portion of the flood plain
district:
(1) No structure, fill, or use will be allowed as a
conditional use which unduly affects the ca-
pacity of the flood way or unduly increases
flood heights. Structures shall be firmly an-
chored to prevent flotation which may cause
additional damage.
(2) Any fill or dumping proposed to be deposited
in the floodway must be shown to have a
beneficial purpose and the amount thereof
shall not be greater than is necessary to achieve
that purpose as demonstrated by a plan sub-
mitted by the owner showing the uses to which
the filled land will be put and the final di-
mensions of the proposed fill.
(3) The storage of materials that are in time of
flooding, buoyant, flammable, explosive or po-
tentially injurious to human life or property
shall be prohibited; storage of other materi-
als may be allowed if not subject to major
damage by floods and if firmly anchored to
prevent flotation or readily removable after
flood warning.
(b) In the flood fringe portion of the flood plain
district:
(1) All structures to be erected, constructed, re-
constructed, altered or moved shall be con-
structed on fill with the finished surface of
the basement, or first floor in structures with-
out basements, at or above a point one (1) foot
above the regulatory flood elevation line. The
fill shall extend at such elevation at least
fifteen (15) feet beyond the limits of the
structure.
(2) Where existing public streets or other circum-
stances make compliance with subsection (bU)
impractical, or in other special circumstances,
the board of zoning appeals may authorize
other flood-proofing measures in lieu of fill in
accordance with section 42-435(b).
(3) Accessory uses such as railroad tracks and
yards and parking lots may be at lower
elevations.
(4) The storage or processing of materials that
are buoyant, flammable, or explosive in times
of flooding and are potentially injurious to
human life or property shall be at or above a
point one (1) foot above the regulatory flood
elevation line. (Code 1966, ~ 36-808; Ord. No.
80-8797, ~ 1,7-7-80)
Sec. 42-435. Factors and conditions for con-
sideration of board of zoning ap-
peals in granting conditional use
permits in the flood plain district.
(a) In addition to the requirements of section
42-597(b), when a provision of this article is in-
volved, no conditional use permit shall be granted
by the board of zoning appeals without specific
consideration of the following factors:
(1) The danger to life and property due to in-
creased flood heights or velocities caused
by encroachments;
(2) The danger that materials may be swept
onto lands or downstream to the injury of
others;
2526
e
e
e
-
e
ZONING REGULATIONS
(3) The proposed water supply and sanitation
systems and the ability of these systems to
prevent the occurrence of disease, contam-
ination and unsanitary conditions;
(4) The susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual owner;
(5) The importance of the services provided by
the proposed facility or use to the community;
(6) The requirements of the facility or use for
a waterfront location;
(7) The availability of alternative locations not
subject to flooding for the proposed use;
(8) The compatibility of the proposed use with
existing development and development in
the near future;
(9) The relationship of the proposed use to the
comprehensive plan and flood plain man-
agement program for the area;
(10) The safety of access to the property in times
of flood for ordinary and emergency vehicles;
(11) The expected heights, velocity, duration,
rate of rise and sediment transport of the
floodwaters expected at the site;
(12) Such other factors as are relevant to the
purposes of the regulations.
(b) In addition to the conditions which may be
imposed under section 42-597(b), when a provi-
sion of this article is involved, the board of zoning
appeals may also impose any of the following con-
ditions which it deems necessary:
(1) Requirement for construction of channel modi-
fications, dikes, levees and other protective
measures;
(2) Flood-proofing measures such as the follow-
ing may be required at or above a point one
(1) foot above the one hundred (100) year flood
elevation line:
a. Anchorage to resist flotation and lateral
movement;
b. Installation of watertight doors, bulkheads
and shutters, or similar methods of con-
struction;
~ 42-436
Reinforcement of walls to resist water
pressure;
Use of paints, membranes or mortars to
reduce seeping of water through walls;
Addition of mass or weight to structures
to resist flotation;
Installation of pumps to lower water lev-
els in structures;
Construction of water supply and waste
treatment systems so as to prevent the
entrance of floodwater;
h. Pumping facilities or comparable practices
for subsurface drainage systems for build-
ings to relieve external foundation and
wall basement flood measures;
c.
d.
e.
f.
g.
Construction to resist rupture or collapse
caused by water pressure or floating debris;
Installation of valves or controls on sani-
tary and storm drains which will permit
the drains to be closed to prevent back-
up of sewage and storm waters into build-
ings or structures. Gravity draining of
basements will be eliminated by use of
mechanical devices;
Location of all electrical equipment, cir-
cuits, and installed electrical appliances
so as to provide protection from inunda-
tion by the regional flood;
Location of any structural storage facili-
ties for chemicals, explosives, buoyant ma-
terials, flammable liquids or other toxic
materials which could be hazardous to
public health, safety and welfare at a
point above the regulatory flood eleva-
tion or their flood-proofing so as to pre-
vent flotation of storage containers, or
damage to these which could result in
the escape of toxic materials into flood-
waters. (Code 1966, ~ 36-809; Ord. No.
80-8797, ~ 2, 7-7-80)
Sec. 42-436. Variances.
In addition to the requirements of section 42-597,
no variance in the flood plain district shall have
the effect of allowing uses prohibited in the dis-
trict, permit a lower degree of flood protection, or
i.
J.
k.
l.
2527
~ 42-436
SALINA CODE
permit standards lower than those required by
state enabling legislation. (Code 1966, ~ 36-810)
Sec. 42-437. Flood plain nonconforming uses.
Whenever any structure subject to the general
flood plain district requirements becomes a non-
conforming use under these provisions, it shall be
subject to the requirements and provisions of ar-
ticle XII of this chapter. (Code 1966, ~ 36-811)
Sec. 42-438. Amendments to flood plain dis-
trict regulations.
No amendment shall be made to this article
that proposes to create or to effect any change or
variation in the flood plain district, or that pro-
poses to regulate or restrict the location and use
of structures, encroachments, and uses of land
within such district without the city first submit-
ting such proposed change, accompanied by com-
plete maps, plans, profiles, specifications, textual
matter and other data and information to the
chief engineer, division of water resources, Kan-
sas State Board of Agriculture for written approval
thereof. (Code 1966, ~ 36-812)
Sec. 42-439. Violations.
In addition to the penalties and relief set forth
in section 42-599, if the violation relates to a
provision of this article on flood plain zoning, the
attorney general and the chief engineer of the
division of water resources of the state board of
agriculture may institute injunction, mandamus
or other appropriate action or proceedings to pre-
vent the unlawful erection, construction, recon-
struction, alteration, conversion, maintenance or
use, or to correct or abate such violations, or to
prevent the occupancy of such building, structure
or land. (Code 1966, ~ 36-813)
Sees. 42-440-42-455. Reserved.
ARTICLE IX. HERITAGE
CONSERVATION DISTRICT
DIVISION 1. GENERALLY
Sec. 42-456. Purpose.
The heritage conservation district is designated
to be used in conjunction with any existing zon-
ing district. The purposes of this district are:
(1) To safeguard the city's historic and cultural
heritage;
(2) To protect and enhance historic landmarks
which represent distinctive and important el-
ements of the city's cultural, social, econom-
ic, political, natural, archaeological and/or archi-
tectural history;
(3) To stabilize and improve values in areas hav-
ing culturally, socially, economically, politi-
cally, naturally, archaeologically, and/or
architecturally significant properties. (Code
1966, ~ 36-8AOO)
Sec. 42-457. Permitted uses.
All permitted and conditional uses in the un-
derlying district and all other requirements of
that zoning district shall apply. (Code 1966, ~
36-8A01)
Sec. 42-458. Heritage conservation plan.
(a) The heritage commission shall thoroughly
familiarize itself with the buildings, structures,
lands, areas and districts within the city which
may be eligible for designation as heritage land-
marks. Upon completion of such study by the her-
itage commission, a heritage conservation plan
shall be prepared.
(b) The heritage conservation plan shall address
the following items:
(1) Inventory buildings, structures, lands and areas
of historical, architectural, archaeological or
cultural value, along with statements of fact
which verify their significance;
(2) Evaluate all districts against the criteria uti-
lized in the National Register of Historic Plac-
es. Properties in those districts which meet
the National Register Criteria shall carry the
zoning designation "HC-NR" (Heritage Con-
servation-National Register). Properties con-
tained in districts which could qualify for in-
centives under the Tax Reform Act of 1976
shall utilize the criteria designated by the
act;
(3) Identify criteria to be used in determining
whether certain buildings, structures, lands,
areas and districts should be designated as
2528
ZONING REGULATIONS
~ 42-458
e
e
historic landmarks, employing in the criteria
consideration of integrity of location, design,
setting, materials, workmanship and historic
association. Cemeteries, birthplaces or graves
of historical significance, structures which have
been moved from their original locations, re-
constructed historic buildings, properties pri-
marily commemorative in nature and prop-
erties which have achieved significance within
the past fifty (50) years shall not be consid-
ered eligible, unless they are integral parts
of districts which do meet the criteria to be
established in the heritage conservation plan,
or if they fall in the following special categories:
a. A religious property deriving primary sig-
nificance from architectural or artistic
distinction or historical importance; or
b. A building or structure removed from its
original location but which is significant
primarily for architectural value, and/or
association with a historic person or event;
or
e
c. A birthplace or grave of a historical fig-
ure of outstanding importance if there is
no other appropriate site or building di-
rectly associated with his productive life;
or
--
d. A cemetery which derives its primary
significance from graves of persons of tran-
scendent importance, from age, from dis-
tinctive design features, or from associa-
tion with historic event; or
e. A reconstructed building when accurately
executed in a suitable environment and
presented in a suitable environment and
presented in a dignified manner as a part
of the heritage conservation plan, and
when no other building or structure with
the same association has survived; or
f. A property primarily commemorative in
interest if design, age, tradition or sym-
bolic value has invested it with its own
historical significance; or
g. A property achieving significance within
the past fifty (50) years if it is of excep-
tional importance.
e
(4) Identify guidelines to be used in the deter-
mination of whether to grant or deny certifi-
cates of appropriateness (see section 42-460)
for proposed alterations to the exterior of a
designated historic landmark;
(5) Formulate criteria to be utilized in the selec-
tion and evaluation of work to be done on
natural sites;
(6) Formulate a program for private and public
action which will state the role of various
city agencies in the conservation and resto-
ration activities and for acquisitions. This pro-
gram is to include federal, state, municipal,
private and foundation activities and fund-
mg sources;
(7) Recommend incentives for heritage conserva-
tion to the board of commissioners.
(c) The heritage conservation plan and any sub-
sequent amendments shall be presented to the
planning commission for inclusion in the compre-
hensive plan for informational purposes.
(d) The heritage commission shall, through the
heritage conservation plan, recommend to the board
of commissioners that certain buildings, structures,
land areas and/or districts in the city be desig-
nated a heritage conservation landmark. A two-
thirds majority vote of the heritage commission
shall be necessary to recommend designation of a
structure or property as a heritage landmark. Des-
ignation as a heritage landmark may be either at
the property owner's request or the designation
may be recommended for placement on the prop-
erty without consent provided that the property
owners were notified and given an opportunity to
comment thirty (30) days in advance of the heri-
tage conservation hearing. The recommendation
shall include:
(1) A legal description of those properties to be
designated;
(2) Identification of historic materials and/or fea-
tures important to the preservation of the
premises within the designated building, struc-
tures, land areas and/or districts.
(e) If the heritage commission finds that cer-
tain buildings, structures, land areas or districts
2529
~ 42-458
SALINA CODE
cannot be preserved without acquisition, a rec-
ommendation shall be made to the board of com-
missioners that fee title or lesser interest in the
property be acquired by gift or purchase, using
funds or facilities available for preservation or
restoration.
(0 If the heritage commission finds that cer-
tain buildings, structures, or land cannot be pre-
served without a change in use, a recommenda-
tion shall be made to the planning commission or
the board of zoning appeals, whichever is appro-
priate.
(g) Annually, the heritage commission shall re-
view the status of the designated heritage land-
marks and/or district and include, in the heritage
commission minutes, a report of such review. Said
report shall be submitted to the board of commis-
sioners within thirty (30) days of its completion.
(Cocle 1966, ~ 36-8A07)
Sec. 42-459. Public hearing.
(a) Generally. The heritage commission shall
hold a public hearing on each tract to be desig-
nated as a heritage conservation landmark at a
reasonable time and place as established by the
heritage commission. It shall hold such hearing
within forty-five (45) days from the date the ap-
plication is filed or within thirty (30) days from
the notification of the property owner of the pro-
ceedings in effect.
(b) Notice of hearing. The heritage commission
shall hold at least one public hearing on the pro-
posed designation, twenty (20) days notice of which
shall be published in the official city newspaper
stating the date, time and place of the hearing,
and containing a statement regarding the proposed
amendments. The heritage commission shall also
mail a written notice of the public hearing, con-
taining the same information as the published
notice to the owners of all property within two
hundred (200) feet of the boundaries of the tract
at least twenty (20) days prior to the hearing.
From time to time, as provided by its rules, the
heritage commission may give such additional
notice to other persons as it desires.
(c) Conduct of hearing. The hearing shall be
conducted and a record of the proceedings shall
be preserved and filed in the office of the city
clerk. Any person or party may appear and be
heard at the hearing in person, by agent, or by
attorney. The heritage commission may request a
report from any government official or agency or
any other person, firm or corporation. If such re-
port is made, a copy thereof shall be made avail-
able in the office of the heritage commission to
the owner of the affected property and any other
interested person. (Code 1966, ~ 36-8A08)
Sec. 42-460. Certificate of appropriateness
review.
(a) No work for which a building permit is nec-
essary shall commence which would alter the in-
tegrity of any portion of a designated heritage
landmark controlled by the heritage conservation
plan until such time as a certificate of appropri-
ateness has been issued by the heritage commis-
sion. Owners of designated heritage landmarks
are encouraged to contact the heritage commis-
sion prior to commencing any work on the exte-
rior of designated landmarks. In any emergency
situation the secretary of the heritage commis-
sion shall be empowered to authorize emergency
repairs to a designated heritage landmark with-
out the authorization of the heritage commission.
(b) Design standards for exterior alterations of
existing heritage landmarks shall be "The Secre-
tary of Interior's Standards for Historic Preserva-
tion Projects."
(c) When applying for such a certificate, the
applicant shall forward copies of all detailed plans,
elevations, perspectives, specifications and/or other
documents pertaining to the work to the heritage
commission. The secretary of the heritage commis-
sion shall then distribute the plans to and solicit
comments from any city departments, organiza-
tions or companies affected.
(d) The deadline for filing of certificates of ap-
propriateness shall be fourteen (14) days prior to
the public meeting at which the heritage com-
mission shall consider the application.
(e) Upon review of the application, the heritage
commission shall determine whether the proposed
work is in compliance with the heritage conser-
vation plan and if the proposed work will adversely
2530
e
e
e
e
e
ZONING REGULATIONS
~ 42-471
affect any historical, architectural, archaeologi-
calor cultural feature of the heritage landmark.
The heritage commission shall also determine if
the proposed work is appropriate and consistent
with the spirit and intent of this article. The heri-
tage commission shall approve or disapprove the
application within forty-five (45) days of the first
meeting at which the application was considered.
The secretary of the heritage commission shall
immediately notify the applicant and the build-
ing official of the heritage commission's action
and if warranted issue a certificate of appropri-
ateness to the building official with a copy to the
applicant.
CD If the heritage commission votes to deny the
application for a certificate of appropriateness,
the applicant shall have the right to appeal their
decision to the board of commissioners. The ap-
plicant shall have a maximum of fourteen (14)
days to file the appeal. The board of commission-
ers shall then, through the secretary of the heri-
tage commission, contact the state historic pres-
ervation officer and obtain a written report from
him on the effect of the issuance of a certificate of
appropriateness for the work proposed by the ap-
plicant on the historic integrity of the property or
structure. Within forty-five (45) days of the ap-
peal, the board of commissioners shall then make
a decision.
(g) If no action has been taken by the heritage
commission within said forty-five (45) days the
secretary of the heritage commission shall issue
upon demand a certificate of appropriateness to
the building official with a copy to the applicant.
(h) No major change shall be made in the pro-
posed work after the issuance of a certificate of
appropriateness without resubmittal to the heri-
tage commission, and approval thereof, in the same
manner as provided above. (Code 1966, ~ 36-8A09)
Sec. 42-461. Demolition or removal of heri-
tage landmark.
If the application is received by the building
official for the demolition or removal of any des-
ignated heritage landmark, the heritage commis-
sion shall hold a public hearing within forty-five
(45) days after the application is originally filed
to determine the appropriateness of the demoli-
tion, and a recommendation forwarded to the board
of commissioners. Notice of the public hearing
shall be placed in the official city newspaper at
least ten (10) days prior to the public hearing.
The heritage commission shall consider the state
of repair of the building, the reasonableness of
the cost of restoration, taking into account the
purpose of preserving the designated heritage land-
mark, the character of the neighborhood and all
other factors which it finds appropriate. The heri-
tage commission may determine that, in the in-
terest of preserving historical values, the struc-
ture should not be demolished or removed and, in
that event, the application be suspended for a
period of ninety (90) days. This period of time
shall be utilized to attempt to reach a compro-
mise which would allow the structure to remain
intact and may not be reduced. Within the sus-
pension period, upon advice of the heritage com-
mission, after notice to the applicant, public hear-
ing and upon determination that there are rea-
sonable grounds for preservation, the board of
commissioners may extend the suspension period
for an additional period not to exceed ninety (90)
days. During the period of suspension of the ap-
plication, no permit shall be issued for such de-
molition or removal, nor shall any person demol-
ish or remove the building or structure. If no
action is taken by the board of commissioners
within two hundred twenty-five (225) days from
the date of application, the demolition permit shall
be issued upon demand and the building official
shall so advise the applicant. (Code 1966, ~ 36-8AlO)
Sees. 42-462-42-470. Reserved.
DIVISION 2. HERITAGE COMMISSION*
Sec. 42-471. Created; purposes.
The heritage commission is hereby created, whose
purposes will be to inventory, promote, list, re-
cord, protect, preserve and enhance places, areas,
features or sites within the city that have special
significance in the architectural, archaeological,
cultural or historical sense. The commission shall
also advise the board of commissioners and other
groups concerning preservation of the city's his-
toric and cultural heritage. (Code 1966, ~ 36-8A02)
.Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
2531
~ 42.472
SALINA CODE
Sec. 42-472. Membership.
The heritage commission shall consist of seven
(7) members, all of whom must reside within the
city limits, to be appointed by the board of commis-
sioners. The membership of the commission shall
include, but not be limited to, one architect, one
member of the real estate profession, one city
planning commissioner, one representative of the
Saline County Historical Society, one trained his-
torian or archaeologist, if available, and two (2)
or three (3) other individuals that the board of
commissioners may wish to consider. (Code 1966,
~ 36-8A03)
Sec. 42-473. Terms of office.
Appointments to the heritage commission shall
be for a term of three (3) years. Three (3) members
of the first commission shall serve for three (3)
years, two (2) members shall serve for two (2)
years and two (2) members shall serve for one
year. Thereafter, all members shall serve for three
(3) years. (Code 1966, ~ 36-8A04)
Sec. 42-474. Compensation; expenses.
The members of the heritage commission shall
serve without compensation except for necessary
expenses sustained in carrying out their official
duties. Such expenses shall be paid by the city as
authorized by the board of commissioners. (Code
1966, ~ 36-8A04)
Sec. 42-475. Officers.
The heritage commission shall annually elect,
from its membership a chairman and vice-chairman,
whose terms of office shall be one year. The heri-
tage commission shall appoint a secretary from
the city planning department, who shall keep a
record of all minutes, resolutions and proceedings
and other actions of the commission. (Code 1966,
~ 36-8A05)
Sec. 42-476. Vacancies.
All vacancies on the heritage commission shall
be filled by the board of commissioners. (Code
1966, ~ 36-8A05)
Sec. 42-477. Quorum; voting; minutes.
The presence of four (4) members of the heri-
tage commission shall constitute a quorum, and
issues shall be decided by a majority vote of the
members present. The minutes of each meeting
shall be filed in the office of the city clerk. (Code
1966, ~ 36-8A05)
Sec. 42-478. Financial support.
The heritage commission may accept donations,
grants and other financial assistance from any
public body or any agency, including but not lim-
ited to, the city, the county, the state, and any of
its agencies, and from any private individual or
groups for the purpose of carrying out the func-
tions, powers, and duties of the heritage commis-
sion, including property acquisition and renova-
tion. These funds shall be utilized exclusively for
heritage conservation purposes and shall be kept
in a separate account requiring heritage commis-
sion and city approval for utilization. The heri-
tage commission may, with the approval of the
board of commissioners, enter into agreements
and contracts with the public or private consult-
ants for the purpose of assisting the heritage com-
mission in carrying out its functions, duties and
powers. (Code 1966, ~ 36-8A06)
Sees. 42-479-42-500. Reserved.
ARTICLE X. SIGNS.
DIVISION 1. GENERALLY
Sec. 42-501. Permits.
No sign, except for normal repair and for signs
listed in sections 42-504 and 42-505, shall be paint-
ed, constructed, erected, remodeled, relocated or
expanded until a zoning certificate (sign permit)
for such sign has been obtained pursuant to the
procedure set forth in this article. (Code 1966, ~
36-900)
.Cross reference-Sign code, !l 8.381 et seq.
2532
e
e
-
-
e
ZONING REGULATIONS
~ 42-503
Sec. 42-502. Zoning certificate (sign permit)
required.
(a) The zoning certificate (sign permit) must be
obtained from the office of the zoning administrator.
(b) A zoning certificate (sign permit) shall be
either issued or refused by the zoning adminis-
trator within ten (10) days after the receipt of an
application therefor or within such further period
as may be agreed to by the applicant. No zoning
certificate for any sign shall be issued unless the
sign complies with the regulations of this article.
(c) A zoning certificate (sign permit) shall be-
come null and void four (4) months after the date
on which it is issued unless within such four (4)
month period, construction, building, moving, re-
modeling or reconstruction of a structure or sign
is commenced or a use is commenced. (Code 1966,
~ 36-901)
Sec. 42-503. Sign standards.
(a) The gross surface area of a sign shall be the
sum of all surface areas of all the sign faces,
except that for signs designed as double faced
signs, with both faces parallel and the distance
between the faces does not exceed two (2) feet,
then only one face of the sign shall be considered
in determining the gross surface area. When two
(2) or more signs are located on a zoning lot, the
gross surface area of all signs on the lot shall not
exceed the maximum allowable by the district
regulations. For computing the area of any wall
sign which consists of letters, numbers and sym-
bols mounted or painted on a wall, the area shall
be deemed to be the area of the smallest rectan-
gular figure which can encompass all of the let-
ters, numbers or symbols.
(b) Sign height shall be measured from ground
level at the base of or below the sign to the high-
est element of the sign.
(c) All signs must conform to the regulations
and design standards of the building code of the
city and all wiring of all electrical signs must
conform to the electrical code of the city.
(d) Illuminated signs shall be shaded wherever
necessary to avoid direct casting of light upon
property located in any residential district or upon
any public street or park. Any illuminated sign
located on a lot adjacent to or across the street
from any residential district, which sign is visible
from such residential district, shall be illuminated
only during business hours or between the hours
of 7:00 a.m. and 10:00 p.m.
(e) No flashing signs are permitted. No animated
signs, signs with moving lights, or signs which
create the illusion of movement shall be permit-
ted in any residential district, or in any C-l or C-2
district. A sign whereon the current time and/or
temperature is indicated by intermittent lighting
shall not be deemed to be a flashing sign if the
lighting changes are limited to the numerals in-
dicating the time and/or temperature. No revolv-
ing beacons shall be allowed in any district.
CD No sign shall block any required accessway
or window.
(g) No sign shall be attached to a tree or utility
pole whether on public or private property.
(h) On corner and through lots, each lot line
that abuts a street or highway shall be consid-
ered a separate street frontage, and restrictions
that are phrased in terms of "signs per zoning
lot" shall be deemed to permit the allowable num-
ber of signs facing each street or highway that
abuts the lot.
(i) No metal sign shall be located within eight
(8) feet vertically and four (4) feet horizontally of
electric wires or conductors in free air carrying
more than forty-eight (48) volts, whether or not
such wires or conductors are insulated or other-
wise protected.
G) No sign shall be maintained at any location
where by reason of its position, size, shape or
color, it may obstruct, impair, obscure, interfere
with the view of, or be confused with, any traffic-
control sign, signal or device, or where it may
interfere with, mislead or confuse traffic.
(k) No sign shall be located in any vision tri-
angle formed by the curb lines of any two (2)
intersecting streets, except signs mounted ten (10)
feet or more above the ground whose supports do
not constitute an obstruction. (See also section
42-81).
2533
~ 42-503
SALINA CODE
(l) No sign shall be permitted to locate on pub-
lic property in any district. In any commercial
district, signs may extend over public property no
farther than eight (8) feet or to within two (2) feet
of the back of the curb, whichever distance is
smaller. Any sign so extending must be a mini-
mum of ten (10) feet above grade.
(m) All signs which are more than four (4) feet
above grade shall be securely fastened so as to
prevent movement.
(n) Any time a sign is removed from its struc-
tural support, except for the purposes of mainte-
nance, repair, replacement, repainting or clean-
ing, or due to an act of God, the structural support
shall be removed within twenty-four (24) hours,
provided further, that if a sign removed for the
purposes of maintenance, repair, replacement, re-
painting or cleaning, or due to an act of God, if
not reinstalled within thirty (30) days of the re-
moval, then the structural support shall be re-
moved within twenty-four (24) hours. (Code 1966,
S 36-901; Ord. No. 80-8821, S 1, 11-24-80; Ord.
No. 81-8857, S 1,6-22-81)
Sec. 42-504. Exemptions generally.
The following signs shall be exempt from the
requirements of this article:
(1) Flags of a government or of a political, civic,
philanthropic, educational or religious organi-
zation, displayed on private property;
(2) Signs of a duly constituted governmental body,
including traffic or similar regulatory devices,
legal notices, warnings at railroad crossings,
and other instructional or regulatory signs
having to do with health, hazards, parking,
swimming, dumping, etc.;
(3) Memorial signs and tablets displayed on pri-
vate property;
(4) Address numerals and other signs required
to be maintained by law or governmental order,
rule or regulation, provided that the content
and size of the signs does not exceed the re-
quirements of such law, order, rule or regula-
tion;
(5) Small signs, not exceeding five (5) square feet
in area, displayed on private property for the
convenience of the public, including signs to
identify entrance and exit drives, parking areas,
one-way drives, restrooms, freight entrances,
and the like;
(6) Scoreboards in athletic stadiums;
(7) Political campaign signs not exceeding eight
(8) square feet in area and not displayed for
more than twenty-one (21) days. (Code 1966,
S 36-903)
Sec. 42-505. Exemption from zoning certifi-
cate requirement.
The following signs shall be exempt from the
zoning certificate (sign permit) requirements of
section 42-502, but shall comply with all of the
other requirements of this article and of the ap-
plicable district regulations:
(1) Illuminated nameplate signs not exceeding
two (2) square feet in gross surface area ac-
cessory to a single-family or two-family
dwelling;
(2) Illuminated identification signs not exceed-
ing forty (40) square feet in gross surface area
accessory to a multiple-family dwelling;
(3) Illuminated bulletin board signs not exceed-
ing forty (40) square feet in gross surface area
accessory to a church, school or public or non-
profit institution, subject to the provisions of
section 42-503(d);
(4) Illuminated business signs when located on
property used for agricultural purposes and
pertaining to the sale of agricultural prod-
ucts produced on the premises. (Code 1966, S
36-904)
Sec. 42-506. Classification of signs-Functional
types.
The following signs are classified by function:
(1) Advertising sign. A sign which directs atten-
tion to a business, commodity, service or enter-
tainment conducted, sold, or offered at a loca-
tion other than the premises on which the
sign is located, or to which it is affixed (off-
premise sign).
(2) Bulletin board sign. A sign that indicates the
name of an institution or organization on whose
2534
e
e
e
-
e
ZONING REGULATIONS
~ 42-516
premises it is located and which contains the
name of the institution or organization, the
name or names of persons connected with it,
and announcements of persons, events or ac-
tivities appearing or occurring at the institu-
tion. Such signs may also present a greeting
or similar message.
(3) Business sign. A sign which directs attention
to a business or profession conducted, or to a
commodity or service sold, offered or manufac-
tured, or an entertainment offered, on the
premises where the sign is located or to which
it is affixed.
(4) Construction sign. A temporary sign indicat-
ing the names of architects, engineers, land-
scape architects, contractors, and similar ar-
tisans involved in the design and construction
of a structure or project only during the con-
struction period and only on the premises on
which the construction is taking place.
(5) Identification sign. A sign having the name
and address of a building, business, develop-
ment or establishment. Such signs may be
wholly or partly devoted to a readily recog-
nized symbol.
(6) Nameplate sign.. A sign giving the name and/or
address of the owner or occupant of a build-
ing or premises on which it is located, and
where applicable, a professional status.
(7) Real estate sign. A sign pertaining to a sale
or lease of the lot or tract of land on which
the sign is located, or to the sale or lease of
one or more structures, or a portion thereof
located thereon. (Code 1966, ~ 36-905)
Sec. 42-507. Same-Structural types.
The following signs are classified by types:
(1) Awning, canopy and marquee sign. A sign
that is mounted or painted on, or attached to,
an awning, canopy or marquee that is other-
wise permitted by this chapter. No such sign
shall project more than twenty-four (24) inches
above, below, or twelve (12) inches beyond
the physical dimensions of the awning, can-
opy or marquee, and a minimum of eight (8)
feet of clearance shall be provided above grade.
(2) Ground sign. Any sign placed upon, or sup-
ported by, the ground independently of the
principal building or structure on the proper-
ty. Signs on accessory structures shall be consid-
ered ground signs.
(3) Mobile sign. A sign which is designed to be
easily transported and is attached to a trailer
or other non-motive powered vehicle. (Code
1966, ~ 36-906)
(4) Pole sign. A sign that is mounted on a free-
standing pole, the bottom edge of which sign
is six (6) feet or more above ground level.
(5) Projecting sign.. A sign that is wholly or partly
dependent upon a building for support and
which projects more than twelve (12) inches
from such building.
(6) Roof sign. A sign erected, constructed, and
maintained wholly upon or over the roof of a
building and having the roof as the principal
means of support.
(7) Wall sign. A sign fastened to or painted on a
wall of a building or structure in such a man-
ner that the wall becomes merely the sup-
porting structure or forms the background
surface, and which does not project more than
twelve (12) inches from such building.
Sees. 42-508-42-515. Reserved.
DIVISION 2. DISTRICT REGULATIONS
Sec. 42-516. A-I agricultural district.
The following sign regulations shall apply in
the A-I agricultural district:
(1) Functional types permitted: any type listed
in section 42-506.
(2) Structural types permitted: any type listed in
section 42-507.
(3) Number of signs permitted: one per zoning
lot provided that advertising signs shall not
be permitted within five hundred (500) feet of
a residence and not closer than five hundred
(500) feet from another. advertising sign.
2535
~ 42-516
SALINA CODE
(4) Maximum gross surface area:
a. Advertising sign: four hundred (400) square
feet.
b. All other types: thirty-two (32) square
feet.
(5) Maximum height: thirty (30) feet.
(6) Required setback: none required, except that
any sign which exceeds two hundred (200)
square feet in gross surface area shall main-
tain the same setback that is required for
principal structures and in no case shall a
sign project over public property.
(7) Illumination: illumination of signs is prohib-
ited. (Code 1966, ~ 36-907(1))
Sec. 42-517. RS, R, R.l, R-2, R-2.5, R-3 and
MH residential districts.
The following sign regulations shall apply in
the RS, R, R-l, R-2, R-2.5, R-3 and MH residential
districts:
(1) Functional types permitted:
a. Bulletin board signs;
b. Business signs (when used in conjunction
with a garage sale);
c. Construction signs;
d. Identification signs;
e. Nameplate signs;
f. Real estate signs.
(2) Structural types permitted:
a. Ground signs;
b. Pole signs;
c. Wall signs.
(3) Number of signs permitted: one per zoning
lot, except that a maximum ofthree (3) construc-
tion signs permitted.
(4) Maximum gross surface area:
a. Bulletin board signs: sixteen (16) square
feet.
b. Business signs: eight (8) square feet per
lot.
c. Construction signs: thirty-two (32) square
feet.
d. Identification signs: twelve (12) square
feet.
e. Nameplate signs: two (2) square feet.
f. Real estate signs: eight (8) square feet
per lot, provided that one sign of not more
than one hundred (100) square feet in
area announcing the sale of lots and/or
homes in a subdivision may be located
on such development. Such signs shall
be removed at the end of three (3) years
from the date of issuance of permit, or
when seventy-five (75) percent of the lots
in the subdivision or development have
been sold, whichever occurs sooner.
(5) Maximum height:
a. All signs shall be placed flat against a
building or designed as part of an archi-
tectural feature thereof except that signs
may be detached if they do not exceed a
height of six (6) feet or project into any
required building setback area.
b. No height limit is specified for signs placed
flat against or painted on the wall of a
building, or other attached signs provided
all other provisions of this section are
complied with.
(6) Required setback: all signs, except real es-
tate and construction signs, shall maintain
the same setback required for principal
structures.
(7) Illumination: No sign shall be illuminated,
except that bulletin board signs may be indi-
rectly illuminated so as to avoid the direct
casting of light upon any residential build-
ing. (Code 1966, ~ 36-907(2); Ord. No. 80-8825,
~ 1, 12-15-80)
Sec. 42-518. U University district.
The following sign regulations shall apply in
the university district:
(1) Functional types permitted:
a. Bulletin board signs;
2536
e
e
e
-
e
ZONING REGULATIONS
~ 42-520
b. Construction signs;
c. Identification signs;
d. Nameplate signs.
(2) Structural types permitted:
a. Ground signs;
b. Pole signs;
c. Wall signs.
(3) Number of signs permitted: no limitation ex-
cept as specified in subsection (4).
(4) Maximum gross surface area:
a. One (1) square foot for each six (6) lineal
feet of building frontage except as noted
in b. below.
b. Outdoor football/soccer stadiums shall be
permitted no more than two (2) signs not
to exceed one hundred sixty (160) square
feet each. These signs shall be located
within fifty (50) feet of the outdoor sta-
dium and separated by a minimum of
fifty (50) feet.
(5) Maximum height: No height limit is speci-
fied for signs placed flat against a building,
painted on the wall of a building or designed
as a part of an architectural feature thereof.
Detached signs shall not exceed ten (10) feet
in height.
(6) Required setback:
a. All signs of thirty-two (32) square feet or
less shall maintain a minimum setback
of ten (10) feet.
b. All signs larger than thirty-two (32) square
feet in area shall maintain the required
setback for principal structures in the
"U" university district.
(7) illumination: Only signs which are illuminated
by reflected light from a source not contained
within the sign itself shall be permitted. In-
ternally illuminated signs shall not be per-
mitted. No direct light shall be cast upon any
residential property. (Ord. No. 80-8825, ~ 2,
12-15-80)
Sec. 42-519. C-l restricted business district.
The following sign regulations shall apply in
the C-l restricted business district:
(1) Functional types permitted: any type listed
in section 42-506, except advertising signs.
(2) Structural types permitted: any type listed in
section 42-507, except roof signs, projecting
signs and mobile signs.
(3) Number of signs permitted:
a. Ground sign: one per zoning lot.
b. Pole sign: one per zoning lot.
c. Others: two (2) per zoning lot.
(4) Maximum gross surface area: one square foot
of sign area for each lineal foot of building
frontage, not to exceed thirty-two (32) square
feet.
(5) Maximum height:
a. All signs shall be placed flat against a
building or designed as part of an archi-
tectural feature thereof except that signs
may be detached it they do not exceed a
height of eight (8) feet or project into any
required building setback area.
b. No height limit is specified for signs placed
flat against or painted on the wall of a
building, or for other attached signs pro-
vided all other provisions of this section
are complied with.
(6) Required setback: entire sign shall be set back
ten (10) feet.
(7) Illumination: illuminated signs shall be per-
mitted. (Code 1966, ~ 36-907(3))
Sec. 42-520. C-2 neighborhood shopping
district.
The following sign regulations shall apply in
the C-2 neighborhood shopping district:
(1) Functional types permitted: any type listed
in section 42-506, except advertising signs.
2537
~ 42-520
SALINA CODE
(2) Structural types permitted: any type listed in
section 42-507, except mobile signs, project-
ing signs, and roof signs.
(3) Number of signs permitted: two (2) per business.
(4) Maximum gross surface area: one square foot
of sign area for each lineal foot of building
frontage.
(5) Maximum height: thirty (30) feet.
(6) Required setback: no minimum setback, ex-
cept that pole sign supports must maintain a
ten (10) foot setback.
(7) Illumination: illuminated signs shall be per-
mitted. (Code 1966, ~36-907(4))
Sec. 42-521. C-3 and C4 commercial districts.
The following sign regulations shall apply in
the C-3 shopping center and C-4 central business
districts:
(1) Functional types permitted: any type listed
in section 42-506, except advertising signs.
(2) Structural types permitted: any type listed in
section 42-507, except that mobile signs shall
be prohibited in the C-4 district.
(3) Number of signs permitted: no maximum
limitation.
(4) Maximum gross surface area:
a. Four (4) square feet of sign area for each
lineal foot of building frontage;
b. Where no building frontage exists, one
(1) square foot of sign area for each lineal
foot of street frontage.
(5) Maximum height: no sign shall project more
than thirty (30) feet above the highest point
of the roof of the structure associated with or
on which it is located.
(6) Required setback: no minimum requirement,
except that no sign shall project over or be
located on public property, except as provided
in section 42-503(1).
(7) Illumination: illuminated signs shall be per-
mitted. (Code 1966, ~ 36-907(5); Ord. No.
81-8855, ~ 1, 6-22-81)
Sec. 42-522. C-5 and C-6 commercial districts.
The following sign regulations shall apply in
the C-5 service commercial and C-6 heavy com-
mercial districts:
(1) Functional types permitted: any type listed
in section 42-506.
(2) Structural types permitted: any type listed in
section 42-507.
(3) Number of signs permitted: no limitation.
(4) Maximum gross surface area:
a. Four (4) square feet of sign area for each
lineal foot of building frontage.
b. Where no building frontage exists, four
(4) square feet of sign area for each lineal
foot of street frontage.
(5) Maximum height: fifty (50) feet above grade,
except that for freeway oriented ground sign * ,
the height may be extended to twenty-five
(25) feet above the freeway roadbed.
(6) Required setback: none required, except that
any sign which exceeds two hundred (200)
square feet in gross surface area shall main-
tain the same setback required for principal
structures, and in no case shall a sign project
over public property.
(7) Illumination: illuminated signs shall be per-
mitted. (Code 1966, ~ 36-907(6))
Sec. 42-523. 1-1 industrial park district.
The following sign regulations shall apply in
the 1-1 industrial park district:
(1) Functional types permitted: any type listed
in section 42-506, except advertising signs.
(2) Structural types permitted: any type listed in
section 42-507, except roof signs.
(3) Number of signs permitted: two (2) per estab-
lishment.
(4) Maximum gross surface area: one square foot
for each two (2) feet of lineal street frontage.
*Ground signs located within six hundred sixty (660)
feet of a major arterial street which carries a classifica-
tion as a freeway, interstate, etc.
2538
e
e
e
e
e
ZONING REGULATIONS
(5) Maximum height: thirty (30) feet.
(6) Required setback: ten (10) feet.
(7) Illumination: illuminated signs shall be per-
mitted. (Code 1966, ~ 36-907(7))
Sec. 42-524. 1-2 and 1-3 industrial districts.
The following sign regulations shall apply in
the 1-2 light industrial and 1-3 heavy industrial
districts:
(1) Functional types permitted: any type listed
in section 42-506.
(2) Structural types permitted: any type listed in
section 42-507.
(3) Number of signs permitted: no limitation.
(4) Maximum gross surface area: four (4) square
feet for each lineal foot of street frontage.
(5) Maximum height:
a. Roof sign: thirty (30) feet above the high-
est point of the structure on which the
sign is located.
b. All other signs: thirty (30) feet.
(6) Required setback: none required.
(7) Illumination: illuminated signs shall be per-
mitted. (Code 1966, ~ 36-907(8))
Sees. 42-525-42-540. Reserved.
ARTICLE XI. OFF-STREET PARKING
AND WADING.
DIVISION 1. GENERALLY
Sees. 42-541-42-550. Reserved.
DIVISION 2. OFF-STREET PARKING
Sec. 42-551. Applicability.
In any zoning district, all structures built and
all uses established hereafter shall provide acces-
sory off-street parking in accordance with the regu-
.Cross reference-Stopping, standing and parking gener-
ally, ~ 38-41 et seq.
~ 42-552
lations of this division. When an existing struc-
ture or use is expanded, accessory off-street park-
ing shall be provided in accordance with the
regulations of this division for the total area or
capacity of such expansion. (Code 1966, ~ 36-100<X1))
Sec. 42-552. Standards for required off-street
parking.
(a) Utilization. Required accessory off-street park-
ing facilities provided for the uses hereinafter
listed shall be solely for the parking of motor
vehicles in operating condition of patrons, occu-
pants or employees of such uses.
(b) Area. A required off-street parking space
shall be at least eight (8) feet six (6) inches in
width and at least nineteen (19) feet in length,
exclusive of access drives or aisles, ramps, col-
umns, office or work areas.
(c) Access. Each required off-street parking space
shall open directly upon an aisle or driveway of
such width and design as to provide safe and
efficient means of vehicular access to such park-
ing space.
(d) Open and enclosed parking. No off-street park-
ing, driving, or maneuvering areas open to the
sky shall cover more than sixty (60) percent of the
total area of any front yard nor shall any motor
vehicle be parked in any front yard except upon a
driveway or parking area. The area devoted to
driveway purposes shall not be considered in de-
termining whether off-street parking requirements
have been met except in the instance of single-
family and two-family dwellings. Enclosed build-
ings and carports containing off-street parking
shall be subject to the yard requirements appli-
cable to the district in which located.
(e) Design and maintenance:
(1) Design. Off-street parking spaces shall com-
ply with such design standards relating to
curb length, stall depth, driveway width,
island width, barriers, and ingress and egress
as may be established from time to time by
the city. Off-street parking spaces may be
open to the sky or enclosed in a building.
(2) Surfacing. All open off-street parking areas
except required parking spaces accessory
2539
~ 42-552
SALINA CODE
to a single-family dwelling shall be graded
and paved or otherwise improved with all-
weather, dustless material.
(3) Screening. All open off-street parking areas
containing more than six (6) parking spaces
shall be effectively screened on each side
that adjoins any property situated in a single-
family residential district by a wall, fence
or densely planted compact evergreen hedge
not less than six (6) feet or more than eight
(8) feet in height. Parking areas shall be
arranged and designed so as to prevent dam-
age to, or intrusion into, such wall, fence or
hedge.
(4) Lighting. Any lighting used to illuminate
off-street parking areas shall be directed
away from residential properties in such a
way as not to interfere with the residential
use.
(5) Repair and service. No motor vehicle re-
pair work or service of any kind shall be
permitted in association with any off-street
parking facilities.
(6) Computation. When determination of the
number of off-street parking spaces required
by this division results in a requirement of
a fractional space, the fraction of one-half
or less may be disregarded, and a fraction
in excess of one-half shall be counted as
one parking space.
(7) Collective provisions. Off-street parking fa-
cilities for separate uses may be provided
collectively if the total number of spaces so
furnished is not less than the sum of the
separate requirements for each such use,
and provided that all regulations covering
the location of accessory parking spaces in
relation to the uses served are adhered to.
(8) Location. All parking spaces required to
serve buildings or uses shall be located on
the same zoning lot or in the same zoning
district as such building or use, except that
such parking spaces may be provided in an
adjacent zoning district if such district al-
lows parking lots or parking garages as a
permitted use. But in no instance shall re-
quired off-street parking be located more
than six hundred (600) feet (as measured
along lines of public access) from the use
which it serves.
(9) Employee parking. Parking spaces required
on an employee basis shall be based on the
maximum number of employees on duty or
residing, or expected to be on duty or resid-
ing, or both, on the premises at anyone
time, at the same time as the building per-
mit is issued.
(10) Maximum number of spaces. The total num-
ber of accessory parking spaces provided
for a single-family, a two-family or multiple-
family dwelling shall not exceed that re-
quired by this division, for such use or for
any equivalent new use by more than fifty
(50) percent or four (4) spaces, whichever
number is greater.
(11) Exempt zone. Notwithstanding any other
provision of this chapter, no accessory off-
street parking facilities shall be required
for any structure in the C-4 central busi-
ness districts except residences, and those
uses specifically required to provide parking.
(12) Determination of required spaces. When de-
termining the required number of off-street
parking spaces for apartment houses, lodg-
ing, boarding or rooming houses, fraterni-
ties, sororities, and dormitories, an occu-
pant shall mean an individual separate and
distinct from the immediate family of the
owner, landlord or operator. (Code 1966, S
36-1000(2))
Sec. 42-553. Off-street parking space re-
quirements.
Off-street parking spaces accessory to the uses
hereinafter designated shall be provided as follows:
(1) Dwelling and lodging uses.
a. Dormitories, fraternities, sororities and
other lodging facilities and rooms for un-
married students: at least one (1) parking
space for each occupant for the first
twenty (20) occupants and a total number
of spaces equal to seventy-five (75) per-
2540
e
ZONING REGULATIONS
~ 42-553
cent of the total number of occupants or e. Bowling alleys: at least five (5) parking
twenty (20) spaces whichever is greater. spaces for each bowling lane, plus such
b. Hotels and motels: at least two (2) park- additional space as may be required herein
e for affiliated uses such as restaurants and
ing spaces; plus one (1) parking space for other similar uses.
each rental unit, plus spaces as are re-
quired for restaurants, assembly rooms f. Car washing facilities: at least four (4)
and affiliated facilities. parking, holding and drying spaces for
Lodging houses: one (1) parking space for each stall in a self-service establishment,
c. and at least six (6) parking, holding and
each lodging room. drying spaces for each twenty (20) linear
d. Mobile home parks: at least two (2) park- feet in attendant operated establishments.
ing spaces for each mobile home. g. Cartage, express, parcel delivery and
e. Multiple-family dwellings for elderly and/or freight terminal establishments: at least
handicapped persons: at least one (1) park- one (1) parking space for each two (2)
ing space for each unit for the first twenty employees as related to the working pe-
(20) units and a total number of spaces riod when the maximum number of per-
equal to seventy-five (75) percent of the sons is employed on the premises, and
total number of units or twenty (20) spac- one (1) parking space for each vehicle
es, whichever is greater. maintained on the premises.
f. Single-family and two-family dwellings: h. Dental clinics and medical clinics: at least
at least two (2) parking spaces for each three (3) parking spaces for each examina-
e dwelling unit. tion or treatment room, plus one (1) space
g. Three-family and multiple-family dwell- for each doctor and employee of the
ings: at least two (2) parking spaces per building.
unit. l. Establishments handling the sale and con-
(2) Commercial and industrial uses: sumption on the premises of food, bever-
ages, and refreshments: at least one (1)
a. All business and commercial establish- parking space for each three (3) persons
ments, except those specified hereafter: based upon the maximum number of per-
at least one (1) parking space for each sons that can be accommodated at the
three hundred (300) square feet of floor same time in accordance with the designed
area, plus one (1) parking space for each capacity, provided that drive-in restau-
full-time employee. rants shall have a minimum of at least
b. Automobile service stations: at least two ten (10) parking spaces.
(2) parking spaces for each service bay, J. Furniture stores, appliance stores, new
plus one (1) space for each employee, but and used motor vehicle showrooms and
not less than a total of five (5) parking sales facilities, used car lots, and mobile
spaces. home and trailer sales rental lots: at least
c. Automobile wrecking yards: at least one one (1) parking space for each four hun-
dred (400) square feet of enclosed floor
(1) parking space for each two (2) employ- area and at least one (1) parking space
ees, plus one (1) parking space for each
ten thousand (10,000) square feet of stor- for each three thousand (3,000) square
- feet of open lot area devoted to the sale
age area. and display of motor vehicles.
d. Banks and financial institutions: at least k. Manufacturing, production, processing, as-
one (1) parking space for each two hun-
e dred (200) square feet of floor area. sembly, disassembly, cleaning, servicing,
2541
~ 42-553
SALINA CODE
testing, or repairing of goods, materials one (1) parking space for each three (3)
or products: at least one (1) parking space persons, based upon the designed maximum
for each three (3) employees as related to capacity.
the working period when the maximum Churches and temples: at least one (1)
number of persons is employed on the c.
premIses. parking space for each four (4) seats.
1. Mini-warehouses: at least one (1) space d. Hospitals: at least one (1) parking space
for each ten (10) storage cubicles or five for each hospital bed, plus one (1) park-
(5) spaces, whichever is greater, equally ing space for each two (2) employees (other
distributed throughout the storage area, than doctors), plus one (1) parking space
plus two (2) spaces for any manager's for each doctor assigned to the staff.
quarters, plus one (1) space for every e. Nursing and convalescent homes: six (6)
twenty-five (25) storage cubicles or two parking spaces for the first three thou-
(2) spaces, whichever is greater, to be sand (3,000) square feet of floor area and
located at the project office for the use of one (1) parking space for each additional
prospective clients. one thousand (1,000) square feet, with a
m. Office and professional buildings: at least minimum of six (6) parking spaces per
one (1) parking space for each three hun- establishment.
dred (300) square feet of floor area. f. Parking spaces for other permitted or spe-
n. Retail stores: at least one (1) parking space cial uses not listed above shall be pro-
for each two hundred fifty (250) square vided in accordance with the determina-
feet of floor area. tion of the zoning administrator with re-
o. Theatres: at least one (1) parking space spect to the number of spaces that are
for each four (4) seats. required to serve employees and/or the
visiting public at each such use.
p. Undertaking establishments and funeral
parlors: at least one (1) parking space for g. Primary and intermediate schools, nur-
each four (4) seats, based upon the de- sery schools, and group day care centers,
signed maximum capacity of the parlor, public or private: at least one (1) parking
plus at least one (1) parking space for space for each faculty member and other
each employee and (1) parking space for full-time employee.
each vehicle maintained on the premises. h. Private clubs and lodges: at least one (1)
q. Warehouse, storage, and wholesale estab- parking space for each three (3) persons,
lishments: at least one (1) parking space based on the maximum number of per-
for each two (2) employees as related to sons that can be accommodated at the
the working period when the maximum same time in accordance with designed
number of persons is employed on the capacity.
premises. Secondary schools, public or private: at
1.
(3) Other uses: least one (1) parking space for each fac-
a. Auditoriums, gymnasiums and other places ulty member and other full-time employ-
of assembly with fixed seats: at least one ees and one (1) parking space for each
(1) parking space for each three (3) per- eight (8) students, based upon the maxi-
sons, based upon the designed maximum mum number of students attending classes
capacity. on the premises at anyone time in any
b. Auditoriums, gymnasiums and other places twenty-four-hour (24) period.
of assembly without fixed seats: At least
2542
e
e
e
-
e
ZONING REGULATIONS
~ 42-563
J. Swimming pools and clubs: at least one
(1) parking space for each thirty-five (35)
square feet of water area.
k. Trade and commercial schools: at least
one (1) parking space for each three (3)
students and one (1) parking space for
each faculty member and other full-time
employee. (Code 1966, ~ 3&1000(3))
Sees. 42-554-42-560. Reserved.
DIVISION 3. OFF-STREET LOADING
Sec. 42-561. Applicability.
In any zoning district, all structures built and
all uses established hereafter, shall provide ac-
cessory off-street loading spaces. When an exist-
ing structure is expanded, accessory off-street load-
ing spaces shall be provided in accordance with
the regulations of this division for the area of
such expansion. (Code 1966, * 36-1001(1))
Sec. 42-562. Standards for required off-street
loading.
(a) Location. All required loading spaces or berths
shall be located on the same lot as the use served.
All motor vehicle loading berths which abut or
are adjacent to a residential district shall be com-
pletely screened therefrom by building walls, or a
uniformly painted solid fence, wall or door, or any
combination thereof, not less than six (6) feet or
more than eight (8) feet in height. No permitted
or required loading space or berth shall be lo-
cated within forty (40) feet of the nearest point of
intersection of any two (2) streets or highways.
(b) Area. Unless otherwise specified, a required
off-street loading space or berth shall be ten (10)
feet in width by at least twenty-five (25) feet in
length, exclusive of aisle and maneuvering space,
and shall have a vertical clearance of at least
fourteen (14) feet.
(c) Access. Each required off-street loading space
or berth shall be designated with appropriate means
of vehicular access to a street, highway or alley in
a manner which will least interfere with traffic
movement.
(d) Surfacing. All open off-street loading shall
be improved with a compacted select gravel base,
not less than seven (7) inches thick, surfaced with
an all-weather material.
(e) Repair and service. No motor vehicle repair
work or service of any kind shall be permitted in
conjunction with any off-street loading facilities.
(f) Utilization. Space allocated for any off-street
loading berth shall not, while so allocated, be
used to satisfy the space requirements for any
off-street parking facilities or portions thereof.
(g) Minimum facilities. Uses for which off-street
loading facilities are required by this section but
which are located in buildings that have a floor
area that is less than the minimum above which
off-street loading facilities are required, shall be
provided with adequate receiving facilities, acces-
sible by motor vehicle, from any adjacent alley,
service drive, or open space on the same lot. (Code
1966, * 36-1001(2))
Sec. 42-563. Off-street loading berth re-
quirements.
(a) No off-street loading facilities are required
in any residential district, except that elemen-
tary and intermediate schools shall provide at
least one (1) loading space for passenger automo-
biles for each fifty (50) students based upon the
designed maximum capacity of the school.
(b) On the same lot with every building, or
part thereof, erected hereafter in any commercial
or industrial district, there shall be provided on
the lot adequate space for motor vehicles to load
and unload in order to avoid interference with
the public streets or alleys. Such space shall in-
clude the following minimum off-street loading
spaces:
(1) For banks, medical and dental clinics, and
business and professional offices: one (1) load-
ing berth shall be provided for each building
that contains one thousand (1,000) to one hun-
dred thousand (100,000) square feet of gross
floor area, and for each additional one hun-
dred thousand (100,000) square feet of gross
floor area or fraction thereof up to five hun-
2543
~ 42-563
SALINA CODE
dred thousand (500,000) square feet, one (1)
additional loading berth shall be provided,
plus one (1) additional loading berth for each
additional five hundred thousand (500,000)
square feet of gross floor area, or any fraction
thereof, in excess of five hundred thousand
(500,000) square feet.
(2) For amusement establishments, bowling al-
leys, pool halls, dance halls, gymnasiums, in-
door and outdoor theatres, swimming pools,
skating rinks and other similar amusement
establishments: one (1) loading berth shall be
provided for each building that contains one
thousand (1,000) to one hundred thousand
(100,000) square feet of gross floor area, and
for each additional one hundred thousand
(100,000) square feet of gross floor area, or
any fraction thereof, one (1) additional load-
ing berth shall be provided.
(3) For hotels and motels, meeting halls, service
and fraternal clubs and lodges, funeral par-
lors and mortuaries: one (1) loading berth
shall be provided for buildings containing one
thousand (1,000) to one hundred fifty thou-
sand (150,000) square feet of gross floor area,
plus one (1) additional loading berth for each
additional one hundred fifty thousand (150,000)
square feet of gross floor area, or fraction
thereof. Each such loading berth for build-
ings in excess of twenty thousand (20,000)
square feet of gross floor area shall not be
less than ten (10) feet in width by sixty (60)
feet in length.
(4) For all other uses in the C-l through C-6
districts, except mini-warehouses which require
none, loading facilities shall be provided in
accordance with the following table:
Gross Floor
Area of Structure
in Square Feet
Required Number
and Size of
Loading Berths
1 (10 feet by 25 feet each)
2 (10 feet by 25 feet each)
2 (10 feet by 60 feet each)
3 (10 feet by 60 feet each)
1,000 to 9,999
10,000 to 24,999
25,000 to 39,999
40,000 to 100,000
For each additional two hundred thousand
(200,000) square feet of gross floor area, or
any fraction thereof, over one hundred thou-
sand (100,000) square feet of gross floor area,
one (1) additional loading berth shall be pro-
vided. Each such additional loading berth shall
be at least ten (10) feet in width by sixty (60)
feet in length.
(5) For all uses in the I-I, 1-2, and 1-3 industrial
districts, except mini-warehouses which require
none, loading facilities shall be provided in
accordance with the following table:
Gross Floor
Area of Structure
in Square Feet
Required Number
and Size of
Loading Berths
1 (10 feet by 25 feet)
1 (10 feet by 60 feet)
2 (10 feet by 60 feet)
1,000 to 9,999
10,000 to 39,999
40,000 to 100,000
For each additional one hundred thousand
(100,000) square feet of gross floor area, or
any fraction thereof, one (1) additional load-
ing berth shall be provided. Each such addi-
tional berth shall be at least ten (10) feet in
width and sixty (60) feet in length. (Code 1966,
~ 36-1001(3))
Secs. 42-564-42-575. Reserved.
ARTICLE XII. NONCONFORMING USES,
BULK AND SIGNS
Sec. 42-576. Applicability.
This article applies only to lots, buildings, struc-
tures, signs and nonbuilding uses in existence on
February 14, 1977. The lawful use of any prem-
ises existing on February 14, 1977 may be con-
tinued as hereinafter provided although neither
such use nor bulk conforms to this chapter. (Code
1966, ~ 36-1100)
Sec. 42-577. Nonconforming lots of record.
(a) In residential districts:
(1) In any residential district, notwithstanding
the regulations imposed by any other provi-
sion of this chapter, a single-family, detached
dwelling which complies with the restriction,;;
in subsection (aX2) may be erected on a lot
that is not less than twenty-five (25) feet in
2544
e
e
e
-
e
ZONING REGULATIONS
width and that consists entirely of a tract of
land that:
a. Has less than the prescribed minimum
lot area, width or depth, or all three (3);
and that
b. Is shown by a recorded plat or deed to
have been owned separately and individ-
ually from adjoining tracts of land at a
time when the creation of a lot of such
size and width at such location would not
have been prohibited by any zoning or-
dinance; and
c. Has remained in separate and individ-
ual ownership from adjoining tracts of
land continuously during the entire time
that the creation of such lot has been
prohibited by the applicable zoning or-
dinance or ordinances.
(2) Construction permitted by subsection (aX1)
shall comply with all of the regulations (ex-
cept lot area, width and depth) applicable to
single-family dwellings in the zoning district
in which the lot in question is located; pro-
vided, however, that the following side yard
requirements shall apply in place of the side
yard requirements otherwise applicable:
a. The dwelling shall be placed on the lot so
as to provide a yard on each side of the
dwelling.
b. The sum of the widths of the two (2) side
yards on each lot shall be not less than
the smaller of:
1. Twenty-five (25) percent of the width
of the lot; or
2. The minimum total for both side yards
prescribed by the bulk regulations
for said zoning district.
c. No side yard shall be less than ten (10)
percent of the width of the lot, and in no
case less than three (3) feet.
(b) In districts other than residential districts:
(1) In any district other than a residential dis-
trict, notwithstanding the regulations imposed
by any other provision of this chapter, a build-
~ 42-578
ing designed for any permitted use may be
erected on a lot of the type described in sub-
section (a).
(2) Construction permitted by subsection (bn)
shall comply with all of the regulations (ex-
cept lot area, width and depth) applicable in
the zoning district in which the lot in ques-
tion is located; provided, however, that the
width of any side yard need not be greater
than that derived by applying the following
formula (wherein the width of any side yard
required = x):
x
Minimum side yard
required by district
regulations
Actual lot width Minimum lot width
required by district
regulations
(Code 1966, ~ 36-1101)
Sec. 42-578. Nonconforming structures.
(a) Authority to continue. Any structure which
is devoted to a use which is permitted in the
zoning district in which it is located, but which is
located on a lot which does not comply with the
applicable lot size requirements and/or the appli-
cable bulk regulations, may be continued, so long
as it remains otherwise lawful, subject to the re-
strictions in subsection (b) through (d).
(b) Enlargemen~ repair, alterations. Normal main-
tenance and repairs, structural alterations, enlarge-
ment, or remodeling of a building or structure
with nonconforming bulk is permitted if the same
does not increase the degree of existing noncon-
formity or create any new nonconforming bulk in
such building or structure, except that as to struc-
tures located on a lot that does not comply with
the applicable lot size requirement, the side yard
requirements shall be determined by section
42-577(aX2) or 42-577(bX2), whichever is applicable.
(c) Damage or destruction. No buildings or struc-
tures occupied by a nonconforming use or noncon-
forming as to bulk, destroyed or damaged by fire
or other causes to the extent of fifty (50) percent
or more of last full value as shown by the asses-
sor's records, excluding the assessed valuation of
2545
~ 42-578
SALINA CODE
the land, shall be repaired or rebuilt except in
conformity with this chapter, provided that struc-
tures located on a lot that does not comply with
the applicable lot size requirements shall not in
any event be required to provide a side yard that
exceeds the yard requirements in section 42-
577(aX2) or 42-577(bX2), whichever is applicable.
Any building, structure or any part thereof occu-
pied by a nonconforming use or nonconforming as
to bulk which is damaged to an extent less than
fifty (50) percent of last full value as shown by the
assessor's records, excluding the assessed valua-
tion of the land, may be repaired or restored pro-
vided that a zoning certificate is obtained and
substantial reconstruction is undertaken within
one (1) year after such damage and is diligently
pursued to completion. Otherwise such building,
structure or part thereof shall thereafter be occu-
pied only by a conforming use, and shall conform
to the bulk requirements of this chapter.
(d) Moving. No structure described in subsec-
tion (a) shall be moved in whole or in part for any
distance whatever, to any other location on the
same or any other lot unless the entire structure
shall thereafter conform to the regulations of the
zoning district in which it is located after being
moved. (Code 1966, ~ 36-1102)
Sec. 42-579. Nonconforming uses.
(a) Authority to continue. Any lawfully exist-
ing nonconforming use or part or all of a struc-
ture or any lawfully existing nonconforming use
of land, not involving a structure or only involv-
ing a structure which is accessory to such use of
land, may be continued, so long as otherwise law-
ful, subject to the regulations contained in sub-
sections (b) through (i) and section 42-58(d).
(b) Repair, maintenance and remodeling:
(1) Normal maintenance and incidental repair,
or replacement, installation or relocation of
nonbearing walls, nonbearing partitions, fix-
tures, wiring or plumbing, may be performed
on any structure that is devoted in whole or
in part to a nonconforming use; provided, how-
ever, that it does not extend the nonconform-
ing use or violate any other provisions of this
article.
(2) Nothing in this chapter shall be deemed to
prevent the strengthening or restoring to a
safe condition of a structure in accordance
with an order of a public official who is charged
with protecting the public safety and who
declares such structure to be unsafe and or-
ders its restoration to a safe condition (where
such restoration will not be in violation of
any other provision of this article).
(3) No structure that is devoted in whole or in
part to a nonconforming use shall be remod-
eled unless the entire structure and use thereof
shall therafter conform to all regulations of
the zoning district in which it is located.
(c) Extension or enlargement. No structure that
is devoted in whole or in part to a nonconforming
use shall be extended, expanded, enlarged or added
to in any manner unless such structure and the
use thereof conform to the regulations of the dis-
trict in which it is located. Such prohibited activi-
ties shall include without being limited to:
(1) Extension of such use to any structure or
land area other than one occupied by such
nonconforming use on February 14, 1977 (or
on the effective date of a subsequent amend-
ment hereto that causes such use to become
nonconforming).
(2) Extension of such use within a building or
other structure to any portion of the floor
area that was not occupied by such noncon-
forming use on February 14, 1977 (or on the
effective date of a subsequent amendment
hereto that causes such use to become non-
conforming); provided, however, that such use
may be extended throughout any part of such
building or other structure that was lawfully
and manifestly designed or arranged for such
use on such date.
(d) Damage or destruction. No building or struc-
ture occupied by a nonconforming use or noncon-
forming as to bulk, destroyed or damaged by fire
or other causes to the extent of fifty (50) percent
or more of last full value as shown by the asses-
sor's records, excluding the assessed valuation of
the land, shall be repaired or rebuilt except in
conformity with these regulations; provided that
2546
e
e
e
-
e
ZONING REGULATIONS
~ 42-579
structures located on a lot that does not comply
with the applicable lot size requirements shall
not in any event be required to provide a side
yard that exceeds the yard requirements in sec-
tion 42-577(aX2) or 42-577(bX2), whichever is ap-
plicable. Any building, structure or any part thereof
occupied by a nonconforming use or nonconform-
ing as to bulk, which is damaged to an extent less
than fifty (50) percent of last full value as shown
by the assessor's records, excluding the assessed
valuation of the land, may be repaired or restored
provided that a zoning certificate is obtained and
substantial reconstruction is undertaken within
one year after such damage and is diligently pur-
sued to completion. Otherwise such building, struc-
ture or part thereof shall thereafter be occupied
only by a conforming use, and shall conform to
the bulk requirements of these regulations.
(e) Moving. No structure that is devoted in whole
or in part to a nonconforming use, shall be moved
in whole or in part for any distance whatever, to
any other location on the same or any other lot,
unless the entire structure and the use thereof
shall thereafter conform to all regulations of the
zoning district in which it is located after being so
moved. No nonconforming use of land shall be
moved in whole or in part for any distance whatev-
er, to any other location on the same or any other
lot, unless such use shall thereafter conform to
all regulations of the zoning district in which it is
located after being so moved.
CD Change in use. A nonconforming use shall
not be changed to any use other than a use per-
mitted in the zoning district in which the use is
located. When a nonconforming use has been
changed to any permitted use, it shall not there-
after be changed back to a nonconforming use.
(g) Abandonment or discontinuance:
(1) When a nonconforming use of land, not involv-
ing a structure, or involving only a structure
which is accessory to the nonconforming use
of land, is discontinued or abandoned, for a
period of twelve (12) consecutive months (re-
gardless of any reservation of an intent not
to abandon or to resume such use), such use
shall not thereafter be reestablished or re-
sumed, and any subsequent use or occupancy
of such land shall comply with the regula-
tions of the zoning district in which such land
is located.
(2) When a nonconforming use of a part or all of
a structure which was designed and intended
for a use which is permitted in the zoning
district in which such structure is located,
regardless of how it was originally used or is
presently being used, is discontinued or aban-
doned for a period of twelve (12) consecutive
months (regardless of any reservation of an
intent not to abandon or to resume such use),
such use shall not thereafter be reestablished
or resumed, and any subsequent use or occu-
pancy of such structure shall comply with the
regulations of the zoning district in which
such structure is located.
(3) When a nonconforming use of a part or all of
a structure which was not designed and in-
tended for any use which is permitted in the
zoning district in which such structure is lo-
cated, regardless of how it was originally used
or is presently being used, is discontinued or
abandoned for a period of twenty-four (24)
consecutive months (regardless of any reser-
vation of an intent not to abandon or to re-
sume such use), such use shall not thereafter
be reestablished or resumed, and any subse-
quent use or occupancy of such structure shall
comply with the regulations of the zoning
district in which such structure is located.
(h) Nonconforming accessory uses. No use which
is accessory to a principal nonconforming use shall
continue after such principal use shall cease or
terminate.
(i) Nonconforming residential uses. Notwithstand-
ing the provisions of subsections (b) and (c), any
structure which is devoted to a residential use
and which is located in a commercial or indus-
trial district, may be remodeled, extended, expanded
and enlarged; provided that after any such re-
modeling, extension, expansion or enlargement,
such structure shall not be used to accommodate
a greater number of dwelling or lodging units
than such structure accommodated prior to any
such work.
(j) Status of newly created nonconforming uses.
Notwithstanding the provisions of subsections (c)
and (d), any structure which is devoted in whole
2547
~ 42-579
SALINA CODE
or in part to a use which is made nonconforming
by the enactment of this chapter, may be remod-
eled, extended, expanded, enlarged, repaired, or
rebuilt; provided, however that the provisions of
this section apply only to the use which existed
on -February 14, 1977. (Code 1966, ~ 36-1103)
Sec. 42-580. Status of conditional uses.
(a) Status of existing conditional uses. Where a
use exists on February 14, 1977, and is permitted
only as a conditional use in the zoning district in
which it is located, such use shall not be deemed
to be a nonconforming use, but shall, without
further action, be deemed a lawful conforming
use in such zoning district.
(b) Status of future conditional uses. Any use
for which a conditional use permit has been is-
sued as provided in article XIII of this chapter
shall not be deemed to be a nonconforming use,
but shall, without further action, be deemed a
lawful conforming use. (Code 1966, ~ 36-1104)
Sees. 42-581. Nonconforming signs.
'(a) All existing signs which are not specifically
permitted or which do not comply with all of the
provisions of this chapter for the zoning district
in which it is located, as of February 14, 1977
shall be considered nonconforming signs.
(b) Repairs and damage. Nonconforming signs
may not, after February 14, 1977, be enlarged,
structurally altered or extended unless such sign
shall be made to comply with all of the provisions
of this chapter, except that normal repairs and
repainting of nonconforming signs are permitted.
When a permanent nonconforming sign is destroyed
or damaged by any means to the extent of fifty
(50) percent or more of its present day replace-
ment value, it shall not thereafter be restored
unless such sign shall be made to conform to all of
the provisions of this chapter.
(c) Removal of nonconforming signs. Any sign
that does not conform to the sign regulations for
the zoning district in which it is located shall be
removed in accordance with the following schedule:
(1) A sign having a total area of twenty-four (24)
square feet or less which is located in any
residential district shall be removed within
two (2) years from the date such sign became
nonconforming with respect to this chapter.
(2) All other signs located in any residential dis-
trict shall be removed within four (4) years
from the date such sign became nonconform-
ing with respect to this chapter.
(d) Nonconforming open storage yards, outdoor
display or junk yards. Any nonconforming open
storage yard, outdoor display or junk yard or any
other nonconforming uses of land, not involving a
structure or involving only structures which are
accessory to such use of land shall be discontinued
or made to conform to the regulations of the zon-
ing district in which located within two (2) years
from the date such use became nonconforming
with respect to these regulations. However no
such use shall be required to terminate if within
the period it shall be located within a completely
enclosed building or surrounded by a solid fence
screening the stored goods or materials from gen-
eral view. (Code 1966, * 36-1105)
Sees. 42-582-42-595. Reserved.
ARTICLE XIII. ADMINISTRATIVE
PROVISIONS*
Sec. 42-596. Enforcement.
(a) Enforcement officer. This chapter shall be
enforced by a zoning administrator who shall be
appointed by the city manager and who shall be
authorized to expend such funds, employ deputies
and clerical assistants, and to carry out his duties
under this chapter as shall be approved from time
to time by the city as follows:
(1) Approve and issue all zoning and occupancy
certificates and make and maintain records
thereof;
(2) Conduct inspections of buildings, structures
and uses of land to determine compliance with
the provisions of this chapter;
(3) Receive, file and forward to the board of zon-
ing appeals the records of all appeals and all
applications for conditional uses and variances;
.Cross reference-Administration generally, Ch. 2.
2548
e
e
e
-
e
ZONING REGULATIONS
~ 42-596
(4) Maintain permanent and current records of
the zoning regulations, including but not lim-
ited to, all zoning maps, amendments, special
uses, variances, appeals and applications thereof
and records of hearings thereon;
(5) Prepare and have available in book, pamphlet
or map form, on or before March thirty-first
of each year:
a. The compiled text of the zoning regula-
tions and amendments thereto, including
all amendments adopted through the pre-
ceding December thirty-first; and
b. A zoning map or maps, showing the zon-
ing districts, divisions and classifications
in effect on the preceding December thirty-
first.
(6) Maintain a supply of copies of the compiled
text of the zoning regulations, and the rules
of the board of zoning appeals. A fee for each
copy shall be charged to defray the cost of
printing;
(7) Provide such clerical, technical and consulta-
tive assistance as may be required by the
board of zoning appeals and other boards,
commissions and officials in the exercise of
their duties relating to this chapter;
(b) Zoning certificates and certificates of occu-
pancy granted only in conformance with regulations:
(1) Zoning certificates. Unless a zoning certificate
shall first have been obtained from the office
of the zoning administrator:
a. The construction, building, moving, re-
modeling or reconstruction of any struc-
ture shall not be commenced;
b. Permits pertaining to the use of land or
structures shall not be issued by any other
official, officer, employee, department,
board or bureau of the city;
c. Any zoning certificate issued in conflict
with these regulations shall be null and
void.
(2) Occupancy certificates. No structure or addi-
tion thereto constructed, built, moved, remod-
eled or reconstructed after February 14, 1977,
shall be occupied or used for any purpose;
and no land vacant on February 14, 1977,
shall be used for any purpose; and no use of
any land or structure shall be changed to any
other use, unless an occupancy certificate shall
first have been obtained from the office of the
zoning administrator certifying that the pro-
posed use or occupancy complies with all the
provisions of this chapter.
(c) Zoning certificate:
(1) Application for zoning certificate. Every ap-
plication for a zoning certificate shall be ac-
companied by a plot plan, in duplicate, drawn
to scale and in such form as may, from time
to time, be prescribed by the zoning administra-
tor, showing the location, ground area, height,
and bulk of all present and proposed struc-
tures, drives and parking lots, the building
lines in relation to lot lines, waste disposal
areas, the use to be made of such present and
proposed structures on the land, and such
other information as may be required by the
zoning administrator for the proper enforce-
ment of this chapter. One copy of the plot
plan shall be retained by the zoning adminis-
trator as a public record.
(2) Issuance of zoning certificate. A zoning certif-
icate shall be either issued or refused by the
zoning administrator within ten (10) days after
the receipt of an application thereof or within
such further period as may be agreed to by
the applicant. When the zoning administra-
tor refuses to issue a zoning certificate, he
shall advise the applicant in writing of the
reasons for the refusal.
(3) Period of validity. A zoning certificate shall
become null and void four (4) months after
the date on which it is issued unless within
such four (4) month period construction, build-
ing, moving, remodeling or reconstruction of
a structure is commenced or a use is com-
menced.
(d) Occupancy certificate:
(1) Application for occupancy certificate. Every
application for a zoning certificate shall be
deemed to be an application for an occupancy
2549
~ 42-596
SALINA CODE
certificate. Every application for an occupancy
certificate for a new or changed use of land or
structures where no zoning certificate is re-
quired shall be filed with the office of the
zoning administrator and be in such form
and contain such information as the zoning
administrator shall provide by general rule.
(2) Issuance of occupancy certificate. No occupancy
certificate for a structure or addition thereto
constructed, built, moved, remodeled or re-
constructed after February 14, 1977 shall be
issued until such work has been completed
and the premises inspected and certified by
the office of the zoning administrator to be in
full and complete compliance with the plans
and specifications upon which the zoning cer-
tificate was issued. No occupancy certificate
for a new use of any structure or land shall
be issued until the premises have been in-
spected and certified by the office of the zon-
ing administrator to be in full and complete
compliance with all the applicable regulations
for the zoning district in which it is located.
Pending the issuance of a permanent occu-
pancy certificate, a temporary occupancy cer-
tificate may be issued to be valid for a period
not to exceed six (6) months from its date
pending the completion of any addition or
during partial occupancy of the premises. An
occupancy certificate shall be issued, or writ-
ten notice shall be given to the applicant stat-
ing the reasons why a certificate cannot be
issued, within ten (10) days after the receipt
of an application thereof, or after the office of
the zoning administrator is notified in writ-
ing that the structures or premises are ready
for occupancy. (Code 1966, ~ 36-1200)
Sec. 42-597. Board of zoning appeals.
(a) A uthorization. A board of zoning appeals
shall be established by the board of commission-
ers as prescribed by Kansas Statutes Annotated,
Sections 12-714 and 12-715, and shall have all of
the powers and duties as prescribed therein.
(b) Additional powers and duties. The board of
zoning appeals shall have the following additional
powers and duties:
(1) To hear and decide applications for conditional
use permits in the manner and subject to the
procedure and standards set out below:
a. Authorization. The board of zoning ap-
peals may authorize, as an exception to
the provisions of this chapter, the estab-
lishment of those conditional uses that
are expressly authorized to be permitted
as a conditional use in a particular zon-
ing district or in one or more zoning dis-
tricts. No conditional use shall be author-
ized as an exception to this chapter un-
less the board of zoning appeals is specif-
ically authorized, by this chapter to grant
such conditional use and unless such grant
complies with all of the applicable provi-
sions of this chapter.
b. Application for conditional use permit An
application for a conditional use permit,
together with an application for a zoning
certificate, shall be filed in duplicate with
the office of the zoning administrator who
shall forward without delay a copy of each
to the secretary of the board of zoning
appeals. The application shall contain the
following information as well as such ad-
ditional information as may be prescribed
by rule of the board of zoning appeals:
1. A statement or diagram showing com-
pliance with any special conditions
or requirements imposed upon the
particular conditional use by the ap-
plicable district regulations or sub-
section (bH)e., if applicable;
2. A statement as to why the proposed
conditional use will not cause sub-
stantial injury to the value of other
property in the neighborhood;
3. A statement as to how the proposed
conditional use is to be designed, ar-
ranged and operated in order to per-
mit the development and use of neigh-
boring property in accordance with
the applicable district regulations;
4. Present data in support of the stand-
ards specified in subsection (bXl)d.
2550
e
e
e
-
e
ZONING REGULATIONS
c.
Hearing on conditional use permit A hear-
ing on the application shall be held and
notice thereof given as provided by the
rules and regulations of the board of zon-
ing appeals.
Standards for conditional use permits. The
board of zoning appeals shall not grant a
conditional use permit unless it shall, in
each specified case, make specific writ-
ten findings of fact directly based upon
the particular evidence presented to it,
that support all ofthe following conclusions:
1. The proposed conditional use complies
with all applicable regulations of this
chapter, including lot size require-
ments, bulk regulations, use limita-
tions, and performance standards;
2. The proposed conditional use at the
specified location will contribute to
and promote the welfare or conve-
nience of the public;
3. The proposed conditional use will not
cause substantial injury to the value
of other property in the neighborhood
in which it is to be located;
4. The location and size of the condi-
tional use, the nature and intensity
of the operation involved or conducted
in connection with it, and the loca-
tion of the site with respect to streets
giving access to it are such that the
conditional use will not dominate the
immediate neighborhood so as to pre-
vent development and use of neigh-
boring property in accordance with
the applicable zoning district regu-
lations. In determining whether the
conditional use will so dominate the
immediate neighborhood, considera-
tion shall be given to:
1. The location, nature and height
of buildings, structures, walls and
fences on the site; and
ii. The nature and extent of land-
scaping and screening on the site.
5. Off-street parking and loading areas
will be provided in accordance with
the standards set forth in article XI
of this chapter, and such areas will
d.
~ 42-597
be screened from adjoining residen-
tial uses and located so as to protect
such residential uses from any inju-
rious effect;
6. Adequate utility, drainage, and other
such necessary facilities have been
or will be provided;
7. Adequate access roads or entrance
and exit drives will be provided and
shall be so designed to prevent traf-
fic hazards and to minimize traffic
congestion in public streets and alleys.
e. Conditions and restrictions. In granting
a conditional use, the board of zoning
appeals may impose such conditions, safe-
guards and restrictions upon the prem-
ises benefited by the conditional use as
may be necessary to comply with the
standards set out in subsection (bX1)d.,
to reduce or minimize any potentially in-
jurious effect of such conditional uses upon
other property in the neighborhood, and
to carry other property in the neighbor-
hood, and to carry out the general pur-
pose and intent of this chapter.
f. Period ofualidity. No conditional use permit
granted by the board of zoning appeals
shall be valid for a period longer than
one hundred eighty (180) days from the
date in which the board of zoning appeals
grants the conditional use, unless within
such one hundred eighty (180) day period:
1. A building permit is obtained and
the erection or alteration of a struc-
ture is started; or
2. An occupancy permit is obtained
and a use commenced.
The board of zoning appeals may grant
one extension not exceeding one hun-
dred eighty (180) days, upon written
application, without notice or hearing.
(2) To hear and decide all matters referred to it
under the provisions of this chapter.
(c) Appeals. The board of zoning appeals shall
administer the details of appeals from or other
matters referred to it regarding the application of
the zoning regulations as provided by K.S.A. 12-715
2551
~ 42-597
SALINA CODE
and any rules and regulations established by the
board of zoning appeals. (Code 1966, ~ 36-1201)
Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
Sec. 42-598. Fees.
Every application for a zoning certificate, occu-
pancy certificate, variance, conditional use per-
mit, or amendment, or the filing of a notice of
appeal shall be accompanied by such fee as shall
be specified from time to time, by ordinance ofthe
board of commissioners. (Code 1966, ~ 36-1202)
Sec. 42-599. Violations and penalties.
(a) Penalties. Any person who violates, disobeys,
omits, neglects or refuses to comply with or re-
sists the enforcement of any of the provisions of
this chapter shall be guilty of a misdemeanor and
shall be fined not less than fifty dollars ($50.00)
or more than five hundred dollars ($500.00) for
each offense. Each day such violation or failure to
comply is permitted to exist after notification thereof
shall constitute a separate offense.
(b) Abatement and injunctive relief. If any build-
ing or structure is constructed, reconstructed, re-
located or maintained or any building, structure,
lot, or land is used in violation of any of the
provisions of this chapter, an appropriate action
or proceeding in law or in equity may be insti-
tuted to prevent such unlawful development, con-
struction, reconstruction, alteration, relocation,
maintenance or use, or to restrain, abate, enjoin
or correct such violation, or to prevent the occu-
pancy of such building or structure or unlawful
use of such land and to prevent illegal acts, con-
duct, business or use in or about the premises.
These remedies shall be in addition to the penal-
ties prescribed in subsection (a). (Code 1966, ~
36-1203)
Sec. 42-600. Interpretation, conflict and
separability.
(a) Interpretation. In their interpretation and
application, the provisions of this chapter shall be
considered to be the minimum requirements for
the protection and promotion of the public health,
safety and welfare.
(b) Conflict with public and private provisions:
(1) Public provisions. The provisions of this chap-
ter are not intended to interfere with, abro-
gate or annul any other law, ordinance, reso-
lution, rule or regulation; where any provi-
sion of this chapter imposes restrictions different
from those imposed by any other statute, or-
dinance, resolution, rule, regulation or other
provision of law, whichever provisions are
more restrictive, or impose higher standards,
shall control.
(2) Private provisions. This chapter is not intended
to abrogate, annul or otherwise interfere with
any easement, covenant or any other private
agreement or restriction, provided, however,
that where this chapter is more restrictive or
imposes higher standards or requirements than
such easements, covenants, private agreements
or restrictions, the requirements of this chap-
ter shall govern.
(c) Separability. If any part or provision of this
chapter or application thereof to any person or
circumstances is adjudged invalid by any court of
competent jurisdiction, such judgment shall be
confined in its operation to the part, provision or
application directly involved in the controversy
in which such judgment shall have been rendered
and shall not affect or impair the validity of the
remainder of this chapter or its application to
other persons or circumstances. The city hereby
declares that it would have enacted the remain-
der of this chapter even without any such part,
provision or application. (Code 1966, ~ 36-1204)
Sec. 42-601. Savings provision.
This chapter shall not be construed as abating
any action now pending under prior existing zon-
ing regulations, or as discontinuing, abating, modi-
fying or altering any penalty accruing or to ac-
crue, or as affecting the liability of any person or
as waiving any rights of the city under any provi-
sion existing on February 14, 1977 or as vacating
or annulling any rights obtained by any person
by lawful action of the city, except as shall be
expressly provided for in this chapter. (Code 1966,
~ 36-1205)
2552
e
e
e
-
e
ZONING REGULATIONS
Sec. 42-602. Reservations and repeals.
Upon the adoption of this chapter, Ordinance
Number 6613 of Salina, adopted April 11, 1962,
as amended, is hereby repealed, except as to such
sections expressly retained herein. (Code 1966, ~
36-1206)
Sees. 42-603-42-615. Reserved.
ARTICLE XIV. DEFINITIONS*
Sec. 42-616. Generally.
(a) For the purposes of this chapter, certain
numbers, abbreviations, terms and words used
herein shall be used, interpreted and defined as
set forth in this article. Any word or phrase which
is defined in this article, or elsewhere in this
chapter, shall have the meaning as so defined
whenever the word or phrase is used in this chap-
ter, unless such definition is expressly limited in
its meaning or scope.
(b) Unless the context clearly indicates to the
contrary:
(1) Words used in the present tense include the
future tense; words used in the singular num-
ber include the plural; and words used in the
plural number include the singular.
(2) The word "shall" is always mandatory and
the word "may" is always permissive.
(3) The word "person" includes individuals, cor-
porations, partnerships, associations, gov-
ernmental bodies, agencies, and all other legal
entities.
(4) The words "used" or "occupied" as applied to
any land or building shall be construed to
include the words "intended, arranged or de-
signed to be used or occupied."
(5) The word "building" includes "structure" and
a building or a structure includes any part
thereof.
(6) The word "city" means the City of Salina.
(Code 1966, ~ 36-1300)
.Cross reference-Definitions and rules of construction
generally, ~ 1-2.
~ 42-620
Sec. 42-617. Accessory.
"Accessory" is the term applied to a building,
structure or use which is clearly incidental or
subordinate to, and customary in connection with,
the principal building, structure or use, which is
located on the same plot with the principal build-
ing, structure or use, and which contributes to
the comfort, convenience or necessity of occupants,
business or industry in the principal building or
use served. Any accessory building or structure
attached to a principal building or structure is
deemed to be part of such principal building or
structure in applying the bulk requirements to
such building or structure. (Code 1966, ~ 36-1301(1))
Sec. 42-618. Advertising sign.
See "sign, advertising". (Code 1966, ~ 36-1301(2))
Sec. 42-619. Agriculture uses.
"Agriculture use" is the use of a tract of land
not less than five (5) acres for growing crops in
the open, dairying, pasturage, horticulture, flori-
culture, and necessary accessory uses, including
the structures necessary for carrying out farming
operations and the residence of the person who
owns or operates the farm, and the family there-
of; provided, however, such agricultural use shall
not include the following uses:
(1) The maintenance and operation of commer-
cial greenhouses or hydroponic farms, except
in zoning districts in which such uses are
expressly permitted;
(2) Wholesale or retail sales as an accessory use
unless the same are specifically permitted by
these regulations;
(3) The feeding, grazing, or sheltering of animals
or poultry in either penned enclosures or in
open pasture within one hundred (100) feet of
any lot line. (Code 1966, ~ 36-1301(3))
Sec. 42-620. Airport.
"Airport" is any area of land or water which is
used, or intended for use for the landing or taking
off of aircraft, and any appurtenant areas which
are used or intended for use for airport buildings,
other airport facilities or rights-of-way, including
2553
~ 42-620
SALINA CODE
taxiways, aircraft storage areas, hangars and other
necessary buildings and open spaces. (Code 1966,
S 36-1301(4))
Sec. 42-621. Alley.
"Alley" is a public or private right-of-way pri-
marily designed to serve as secondary access to
the side or rear of these properties whose princi-
pal frontage is on some other street. (Code 1966, S
36-1301(5))
Sec. 42-622. Alteration.
"Alteration," as applied to a building structure,
is a change or rearrangement of the supporting
members, or an enlargement, or the moving of
one location or position to another. (Code 1966, S
36-1301(6))
Sec. 42-623. Animal hospital.
"Animal hospital" is a facility for the medical
and surgical treatment of animals and their care
during the time of such treatment. (Code 1966, S
36-1301(7))
Sec. 42-624. Apartment.
"Apartment" is a part of a building consisting
of a room or suite of rooms intended, designed or
used as a residence by an individual or a single
family and located in a multiple-family dwelling.
(Code 1966, S 36-1301(8))
Sec. 42-625. Apparel stores.
"Apparel stores" are stores selling clothing for
men, women or children at retail. (Code 1966, S
36-1301(9))
Sec. 42-626. Appliance repairs.
"Appliance repairs" is the repairing and ser-
vicing of common household appliances such as
washing machines, television sets, power tools,
electric razors, radios and refrigerators. (Code 1966, S
36-1301(10))
Sec. 42-627. Appliance sales.
"Appliance sales" is the sale of common house-
hold appliances such as washing machines, tele-
vision sets, power tools, electric razors, radios and
refrigerators, and repair ofthe same types of appli-
ances as are sold on the premises where such
repairs are incidental or accessory to the sale of
such types of appliances. (Code 1966, S 36-1301(11))
Sec. 42-628. Applicant.
"Applicant" is the owner or duly designated
representative of land proposed to be subdivided,
or for which conditional use permit, amendment,
variance, zoning certificate or certificate of occu-
pancy has been requested. Consent shall be re-
quired from the legal owner of the premises. (Code
1966, S 36-1301(12))
Sec. 42-629. Area.
"Area" is a piece of land capable of being de-
scribed with such accuracy that its location may
be established and boundaries definitely ascertained.
(Code 1966, S 36-1301(13))
Sec. 42-630. Automobile accessory stores.
"Automobile accessory stores" are stores engaged
primarily in the business of selling tires, batter-
ies, seat covers and other automobile parts and
accessories. (Code 1966, S 36-1301(14))
Sec. 42-631. Automobile sales.
"Automobile sales" is the sale of new and used
automobiles and other motor vehicles in operat-
ing condition; the storage of automobiles and other
motor vehicles in operating condition; but not in-
cluding storage of trucks of more than five (5)
tons in weight or buses; and, the repair and ser-
vicing of such vehicles, but not including body
work, painting, or motor rebuilding, unless spe-
cifically permitted by the zoning district regula-
tions. (Code 1966, S 36-1301(15))
Sec. 42-632. Awning.
"Awning" is a roof-like cover that is temporary
in nature and that projects from the wall of a
building for the purpose of shielding a doorway or
window from the elements. (Code 1966, S 36-
1301(16))
2554
e
e
e
-
e
ZONING REGULATIONS
Sec. 42-633. Awning sign.
See "sign, awning, canopy, and marquee." (Code
1966, ~ 36-1301(17))
Sec. 42-634. Banks and financial institutions.
"Banks and financial institutions" are commer-
cial banks, savings and loan associations, broker-
age offices and other similar financial institutions,
but not including pawnshops. (Code 1966, ~
36-1301(18))
Sec. 42-635. Beverage distributors.
"Beverage distributors" are warehouses for the
storage and distribution of beer, soft drinks and
other beverages, but not including bottling plants
and similar industrial uses. (Code 1966, ~ 36-
1301(19))
Sec. 42-636. Block.
"Block" is a tract of land bounded by streets or
by a combination of streets and public parks, ceme-
teries, railroads, rights-of-way, shorelines or bound-
ary lines of municipalities. (Code 1966, ~ 36-1301(20))
Sec. 42-637. Building.
"Building" is any covered structure built for
the support, shelter or enclosure of persons, ani-
mals, chattels or moveable property of any kind,
and which is permanently affixed to the land.
(Code 1966, ~ 36-1301(21))
Sec. 42-638. Building, principal.
"Principal building" is a building in which is
conducted the main or principal use of the lot on
which said building is situated. (Code 1966, ~
36-1301(22))
Sec. 42-639. Bulk, nonconforming.
"Nonconforming bulk" is that part of a build-
ing, structure or nonbuilding use which does not
conform to one or more of the applicable bulk
regulations herein. (Code 1966, ~ 36-1301(24))
Sec. 42-640. Bulk regulations.
"Bulk regulations" are regulations controlling
the size of structures and the relationships of struc-
~ 42-645
tures and uses to each other and to open areas
and lot lines. Bulk regulations include regulations
controlling:
(1) Maximum height;
(2) Maximum lot coverage;
(3) Minimum size of yard and setbacks. (Code
1966, ~ 36-1301(25))
Sec. 42-641. Bulletin board sign.
See "sign, bulletin board." (Code 1966, ~
36-1301(23))
Sec. 42-642. Business and professional office.
"Business and professional office" is the office
of an engineer, dentist, doctor, attorney, real es-
tate broker (agent), insurance broker, architect,
or other similar professional person, and any of-
fice used primarily for accounting, correspondence,
research, editing or administration. (Code 1966, ~
36-1301(26))
Sec. 42-643. Campground.
"Campground" is an area or premises in which
space is provided for transient occupancy or use
by tourists occupying tents, recreational vehicles,
or mobile homes less than twelve (12) feet wide.
(Code 1966, ~ 36-1301(27))
Sec. 42-644. Camping trailer.
"Camping trailer" is a vehicular portable unit
mounted on wheels and constructed with collaps-
ible partial side walls which fold for towing by
another vehicle and unfold at the camp site to
provide temporary living quarters for recreation-
al, camping or travel use. (See recreational vehi-
cle.) (Code 1966, ~ 36-1301(28))
Sec. 42-645. Canopy.
"Canopy" is any structure, moveable or station-
ary, attached to and deriving its support from
framework or posts or other means independent
of a connected structure for the purpose of shield-
ing a platform, stoop or sidewalk from the ele-
ments; or, a roof-like structure of a permanent
nature which projects from the wall of a structure
and overhangs the public way. (Code 1966, ~
36-1301(29))
2555
~ 42.646
SALINA CODE
Sec. 42-646. Canopy sign.
See "sign, awning, canopy, and marquee." (Code
1966, 9 36-1301(30))
Sec. 42-647. Capacity in persons.
"Capacity in persons" is the maximum number
of persons that can avail themselves of the ser-
vices (or goods) of an establishment, at anyone
time, with reasonable comfort. (Code 1966, ~
36-1301(31))
Sec. 42-648. Car wash.
"Car wash" is a building or portion thereof,
containing facilities for washing more than two
(2) automobiles, using production line methods
with a chain conveyor, blower, steam cleaning
device, or other mechanical devices; or providing
space, water, equipment or soap for the complete
or partial hand-washing of such automobiles,
whether by operator or by customer. (Code 1966,
9 36-1301(32))
Sec. 42-649. Commercial district.
,"Commercial district" is any zoning district des-
ignated with a "C", for example "C-1", "C-2",
etc. (Code 1966, ~ 36-1301(33))
Sec. 42-650. Common open space.
"Common open space" is a parcel of land or an
area of water, or combination of both land and
water, within a site designated as a planned resi-
dential development district and designed and in.
tended for the use and enjoyment of the residents
of the planned residential development. Common
open space does not include streets, alleys, parks,
off-street parking or loading areas, public open
space, or other facilities dedicated by the devel-
oper for public use. Common open space shall be
substantially free of structures but may contain
such improvements as are approved as a part of
the general development plan and are appropri-
ate for the recreation of residents of the planned
residential development. (Code 1966, 9 36-
1301(34))
Sec. 42-651. Completely enclosed building.
"Completely enclosed building" is a building
separated on all sides from adjacent open space or
from other buildings by fixed exterior or party
walls, pierced only by windows and entrance or
exit doors, and covered by a permanent roof. (Code
1966, 9 36-1301(35))
Sec. 42-652. Construction sign.
See "sign, construction." (Code 1966, 9 36.
1301(36))
Sec. 42-653. Corner lot.
"Corner lot" is a lot which adjoins the point of
intersection or meeting of two (2) or more streets
and in which the interior angle formed by the
street lines is one hundred thirty-five (135) de-
grees or less. If the street lines are curved, the
angle shall be measured at the point of intersec-
tion of the extensions of the street lines in the
directions which they take at the intersections of
the street line with the side lot and with the rear
lot line of the lot. If the street line is curved at its
point of intersection with the side lot line or rear
lot line, the tangent to the curve at that point
shall be considered the direction of the street.
(Code 1966, 9 36-1301(37))
Sec. 42-654. Day care home.
"Day care home" is a home in which care is
given to six (6) or fewer children, not related to
the operator by close ties of blood, marriage or
legal adoption, outside their own home during
any part of the day. Day care homes shall meet
all requirements of the state department of health
and environment, bureau of maternal and child
health. (Code 1966, 9 36-1301(38))
Sec. 42-655. Density.
"Density" is the restriction on the number of
dwelling units that may be constructed per acre
or per square feet of zoning lot area. (Code 1966, ~
36-1301(39))
Sec. 42-656. Developer.
"Developer" is the legal or beneficial owner of
all of the land proposed to be included in a planned
development, or the duly authorized agent there-
of. The holder of an option or contract to pur-
chase, a lessee having a remaining term of not
less than forty (40) years, or other person having
2556
e
e
e
-
e
ZONING REGULATIONS
~ 42-699
an enforceable proprietary interest in such land,
shall be deemed to be a developer for the purpose
of this chapter. (Code 1966, ~ 36-1301(40))
Sec. 42-657. Dog kennel.
"Dog kennel" is any place where more than
four (4) dogs are kept, maintained, boarded, and/or
bred for a fee and/or offered fbr sale except those
places/persons meeting the minimum requirements
as hobby breeders. (Code 1966, ~ 36-1301(41); Ord.
No. 81-8863, ~ 13, 8-3-81)
Sec. 42-658. Drive-in establishment.
"Drive-in establishment" is a place of business
being operated for the sale and purchase at retail
of food and other goods, services or entertainment,
which is laid out and equipped so as to allow some
or all of its patrons to be served or accommodated
while remaining in their automobiles on the prem-
ises or elsewhere on the premises but outside any
completely enclosed structures; or an establish-
ment which customarily packages food for carry
out. (Code 1966, ~ 36-1301(42))
Sec. 42-659. Dry cleaning (self-service).
"Dry cleaning (self-service)" is an establishment
providing facilities with which customers may dry
clean their own clothes or other fabrics. (Code
1966, ~ 36-1301(43))
Sec. 42-660. Dry cleaning plant.
"Dry cleaning plant" is an establishment in
which clothing and other fabrics are dry cleaned
professionally. (Code 1966, ~ 36-1301(44))
Sec. 42-661. Dwelling.
"Dwelling" is a building or portion thereof, but
not a mobile home, designed or used for residen-
tial occupancy. (Code 1966, ~ 36-1301(45))
Sec. 42-662. Dwelling, attached.
"Attached dwelling" is a residential building
which is joined to another dwelling at one or more
sides by a party wall or walls. (Code 1966, ~
36-1301(46))
Sec. 42-663. Dwelling, detached.
"Detached dwelling" is a residential building
which is entirely surrounded by open space on
the same lot. (Code 1966, ~ 36-1301(47))
Sec. 42-664. Dwelling, multiple-family.
"Multiple-family dwelling" is a residential build-
ing containing three (3) or more dwelling units.
(Code 1966, ~ 36-1301(48))
Sec. 42-665. Dwelling, single-family.
"Single-family dwelling" is a residential build-
ing containing one dwelling unit only. (Code 1966,
~ 36-1301(49))
Sec. 42-666. Dwelling, two-family.
"Two-family dwelling" is a residential building
containing two (2) dwelling units only. (Code 1966,
~ 36-1301(50))
Sec. 42-667. Dwelling unit.
"Dwelling unit" is one or more rooms in a resi-
dential building or residential portion of a build-
ing which are arranged, designed, used or intended
for use by one family, and which includes cooking
space and lawful sanitary facilities reserved for
the occupants thereof. (Code 1966, ~ 36-1301(51))
Sec. 42-668. Easement.
"Easement" is authorization by a property owner
for the use by another, and for a specified pur-
pose, of any designated part of his property. (Code
1966, ~ 36-1301(52))
Sec. 42-669. Family.
"Family" is either:
(1) An individual or two (2) or more persons re-
lated by blood, marriage or adoption, living
together as a single housekeeping unit in a
dwelling unit; or
(2) A group of not more than four (4) persons
who need not be related by blood, marriage,
or adoption, living together as a single house-
2557
~ 42-669
SALINA CODE
keeping unit in a dwelling unit; plus in ei-
ther case, usual domestic servants.
A family may include any number of gratuitous
guests or minor children not related by blood,
marriage or adoption. (Code 1966, ~ 36-1301(53))
Sec. 42-670. Family care facility.
"Family care facility" is a facility which pro-
vides resident services in a single-family dwell-
ing to six (6) or fewer individuals who need not be
related. These individuals may be handicapped,
aged, disabled, or in need of adult supervision,
are undergoing rehabilitation, and are provided
service and supervision in accordance with their
individual needs. (Code 1966, ~ 36-1301(54))
Sec. 42-671. Fence.
"Fence" is a freestanding structure of metal,
masonry, composition or wood or any combina-
tion thereof resting on or partially buried in the
ground and rising above ground level, and used
for confinement, screening or partition purposes.
(Code 1966, ~ 36-1301(55))
Sec. 42-672. Final plat.
"Final plat" is the map or plan or record of a
subdivision, and any accompanying material, as
described in the subdivision regulations. (Code
1966, ~ 36-1301(56))
Sec. 42-673. Flexible zoning.
"Flexible zoning" is zoning which permits uses
of land and density of buildings and structures
different from those which are allowed as of right
within the zoning district in which the land is
situated. (Code 1966, ~ 36-1301(57))
Sec. 42-674. Flood fringe.
"Flood fringe" is that portion of the flood plain
lying outside of the floodway, i.e., subject to being
covered by floodwaters of the regulatory flood,
but not required to carry and discharge the flood
waters. (Code 1966, ~ 36-1301(58))
Sec. 42-675. Flood plain.
"Flood plain" is a watercourse and land adja-
cent to a watercourse subject to inundation from
a flood having a chance occurrence in anyone
year of one (1) percent. (Code 1966, ~ 36-1301(59))
Sec. 42-676. Floodway.
Floodway is the channel of a stream or other
watercourse, and the land areas adjacent to the
stream channel, that are required to carry and
discharge the floodwaters of the regulatory flood
(the one hundred (100) year flood) without undue
restriction. (Code 1966, ~ 36-1301(60))
Sec. 42-677. Floor area.
"Floor area" is the sum of the gross horizontal
areas of the several floors of the building meas-
ured from the exterior faces of the exterior walls
or from the center line of walls separating two (2)
buildings computed as follows:
(1) For determining floor area ratio: The sum of
the following areas: a. The basement floor
area when more than one-half of the base-
ment height is above the finished lot grade
level where curb level has not been estab-
lished; b. elevator shafts and stairwells at
each floor; c. floor space used for mechanical
equipment (except equipment, open or enclosed,
located on the roof); d. penthouses; e. attic
space having headroom of seven (7) feet, ten
(10) inches or more; f. interior balconies and
mezzanines; g. enclosed porches; and h. floor
area devoted to accessory uses. Space devoted
to off-street parking or loading shall not be
included in the floor area. The floor area of
structures devoted to bulk storage of materi-
als including, but not limited to, grain eleva-
tors and petroleum storage tanks shall be
computed by counting each ten (10) feet of
height, or fraction thereof, as being equal to
one floor.
(2) For determining off-street parking and load-
ing requirements: The sum of the following
areas: a. Floor space devoted to the principal
use of the premises, including accessory stor-
age areas located within selling or working
space such as counters, racks, or closets; b.
any basement floor area devoted to retailing
activities; and c. floor area devoted to the
production or processing of goods or to busi-
ness or professional offices. For this purpose,
2558
e
e
e
e
e
ZONING REGULATIONS
~ 42-688
floor area shall not include space devoted pri-
marily to storage purposes (except as other-
wise noted herein), off-street parking or load-
ing facilities, including aisles, ramps, and ma-
neuvering space, or basement floor area other
than area devoted to retailing activities, the
production or processing of goods, or business
or professional offices. (Code 1966, ~ 36-1301(61))
Sec. 42-678. Food stores.
"Food stores" are stores which sell foods, fresh
or frozen, and other items commonly sold in con-
nection therewith and including, but not limited
to, stores commonly referred to as dairy stores,
delicatessens, fruit and vegetable markets, gro-
cery stores, health food stores, nut shops and su-
permarkets. Sales must be made at retail on the
premises. (Code 1966, ~ 36-1301(62))
Sec. 42-679. Fraternal and/or service clubs.
"Fraternal and/or service clubs" are associations
formally organized for a common purpose, or inter-
est, and operated not for profit for persons who
are bona fide members paying annual dues, which
own, hire, or lease premises, the use of which
premises is restricted to such members and their
guests. The affairs and management of such asso-
ciations are conducted by a board of directors,
executive committee, or similar body chosen by
the members at their annual meeting. Food, meals
and beverages may be served on the premises,
provided adequate dining space and kitchen facil-
ities are available. Alcoholic beverages may be
sold or served to members and their guests, pro-
vided such service is secondary and incidental to
the promotion of some other common objective of
the organization, and further provided that such
sale or service of alcoholic beverages is in compli-
ance with all federal, state, county and local laws.
(Code 1966, ~ 36-1301(63))
Sec. 42-680. Front lot line.
See "lot line, front." (Code 1966, ~ 36-1301(64))
Sec. 42-681. Front yard.
See "yard, front." (Code 1966, ~ 36-1301(65))
. Sec. 42-682. Frontage.
"Frontage" is the length of a front lot line or
lines. (Code 1966, ~ 36-1301(66))
Sec. 42-683. Garage.
"Garage" is a building for the storage of motor
vehicles. (Code 1966, ~ 36-1301(67))
Sec. 42-684. Garage sale.
"Garage sale" is the temporary retail use of
single or multiple-family structures located in a
residential district consisting of the sale of five (5)
or more miscellaneous items acquired by the sell-
ers for their ultimate use or consumption. This
definition includes, but is not limited to porch,
yard, sidewalk, basement, rummage, tag or other
similar sale. (Code 1966, ~ 36-1301(67a))
Sec. 42-685. Garden stores.
"Garden stores" are stores which sell growing
plants, seeds, bulbs, shrubs and gardening and
landscaping tools, implements and supplies, in-
cluding lawn furniture. (Code 1966, ~ 36-1301(68))
Sec. 42-686. Gasoline service station.
"Gasoline service station" is any use of land,
including any building or structure thereon, that
is used for the supply of gasoline or other fuel for
the propulsion of vehicles, including any area,
building or structure used for polishing, greasing,
washing, cleaning or servicing, or repairing of
motor vehicles. (Code 1966, ~ 36-1301(69))
Sec. 42-687. Ground sign.
See "sign, ground." (Code 1966, ~ 36-1301(70))
Sec. 42-688. Group care facility.
"Group care facility" is a facility which pro-
vides resident services to seven (7) or more indi-
viduals of whom one or more are unrelated. These
individuals may be handicapped, aged or disabled,
are undergoing rehabilitation, and are provided
services to meet their needs. (Code 1966, ~
36-1301(71))
2559
~. 42-689
SALINA CODE
Sec. 42-689. Group day care center.
"Group day care center" is a day nursery provid-
ing care for seven (7) or more children for part or
all of a day, away from the home of the parent or
legal guardian; and including full day care, nur-
s~ry schoo~s, play groups, centers giving empha-
SIS to specIal programming for children, kinder-
gartens not accredited by the state department of
public instruction, and other establishments of-
fering care to groups of children for part or all of
the day. Group day care centers shall meet all
requirements of the state department of health
and environment, bureau of maternal and child
heath. (Code 1966, S 36-1301(72))
Sec. 42-690. Height, maximum.
"Maximum height" is a horizontal plane above
and parallel to the average finished grade of the
entire zoning lot at the height shown in the dis-
trict regulations. No part of any structure shall
project through such plane except:
(1) Chimneys, flues, stacks, fire escapes, gas hold-
ers, elevator enclosures, ventilators, skylights,
water tanks and similar roof structures needed
to operate and maintain the building on which
they are located;
(2) Flag poles, television aerials, water towers
and tanks, steeples and bell towers, carillons,
monuments, cupolas, broadcasting and micro-
wave transmitting and relay towers, and elec-
tric transmission line towers. (Code 1966, S
36-1301(73); Ord. No. 81-8863, S 14, 8-3-81)
Sec. 42-691. Hobby breeder.
"Hobby breeder" is any person who owns more
than four (4) but less than twenty (20) purebred
registered dogs over the age of nine (9) months:
which are habitually boarded and lodged within
said person's domicile or yard; and who, further-
more, provides a fenced and/or totally enclosed
exercise area; and provided, furthermore, that such
animals are, at all times, kept in said fenced or
enclosed area, except when under the personal
and immediate control of the owner. (Ord. No.
81-8863, S 14, 8-3-81)
Sec. 42-692. Home occupation.
"Home occupation" is a profession or other oc-
cupation not otherwise permitted in the district
which is conducted as an accessory use on a resi:
de~ti.allot by one or more members of the family
resIdmg on the premises. (Code 1966, S 36-1301(74))
Sec. 42-693. Hotel.
"Hotel" is a building or portion thereof, or a
group of buildings, which provides sleeping ac-
commodations for transients on a daily or weekly
basis, whether such establishments are designated
as a hotel, inn, automobile court, motel, motor
inn, motor lodge, tourist cabin, tourist court, or
otherwise. (Code 1966, S 36-1301(75))
Sec. 42-694. Identification sign.
See "sign, identification." (Code 1966, S 36-
1301(76))
Sec. 42-695. Industrial district.
"Industrial district" is any zoning district desig-
nated with an "I", for example "I-I", "1-2", etc.
(Code 1966, S 36-1301(77))
Sec. 42-696. Junkyard.
"Junkyard" is an area of land with or without
buildings, used for or occupied by a deposit, col-
lection or storage, outside a completely enclosed
building, of used or discarded materials such as
wastepaper, rags or scrap material, used building
materials, house furnishings, machinery, vehicles
or parts thereof, with or without the dismantling,
processing, salvage, sale or other use or disposi-
tion of the same. (Code 1966, S 36-1301(78))
Sec. 42-697. Landscaping.
"Landscaping" is the improvement of a lot, par-
cel or tract of land with grass and shrubs and/or
trees. Landscaping may include pedestrian walks,
flowerbeds, ornamental objects such as fountains,
statuary, and other similar natural and artificial
objects designed and arranged to produce an aes-
thetically pleasing effect. (Code 1966, ~ 36-1301(79))
2560
e
e
e
-
e
ZONING REGULATIONS
~ 42-712
Sec. 42-698. Laundry.
"Laundry" is an establishment in which cloth-
ing and other fabrics are laundered professional-
ly. (Code 1966, ~ 36-1301(80))
Sec. 42-699. Laundry (self-service).
"Laundry (self-service)" is an establishment pro-
viding facilities with which customers may laun-
der their own clothes or other fabrics. (Code 1966,
~ 36-1301(81))
Sec. 42-700. Lodging house.
"Lodging house" is a business establishment
which provides sleeping and living quarters (but
not individual cooking facilities) in an immovable
structure on a weekly or monthly basis. (Code
1966, ~ 36-130l(82))
Sec. 42-701. Lot area.
"Lot area" is the area of a horizontal plane
bounded by the front, side and rear lot lines. (Code
1966, ~ 36-1301(83))
Sec. 42-702. Lot, corner.
See "corner lot." (Code 1966, ~ 36-1301(84))
Sec. 42-703. Lot coverage.
"Lot coverage" is that percentage of a lot which,
when viewed directly from above, would be cov-
ered by a structure or structures, or any part
thereof, excluding projecting roof eaves. (Code 1966, ~
36-1301(85))
Sec. 42-704. Lot depth.
"Lot depth" is the distance between the mid-
point of the front lot line and the midpoint of the
rear lot line. (Code 1966, ~ 36-1301(86))
Sec. 42-705. Lot line.
"Lot line" is a lot boundary line. (See "lot line,
front"; "lot line, rear"; "lot line, side"). (Code
1966, ~ 36-1301(87))
Sec. 42-706. Lot line, front.
"Front lot line" is a street right-of-way line
forming the boundary of a lot. (Code 1966, ~
36-1301(88))
Sec. 42-707. Lot line, rear.
"Rear lot line" is the lot line that is most dis-
tant from, and is, or is most nearly, parallel to,
the front lot line. If a rear lot line is less than
twelve (12) feet long, or if the lot comes to a point
at the rear, the rear lot line shall be a line at
least fifteen (15) feet long, lying wholly within
the lot, parallel to the front line. If a zoning lot
has two (2) or more front lot lines, the owner or
developer shall designate the yard which is to be
the rear yard. (Code 1966, ~ 36-1301(89))
Sec. 42-708. Lot line, side.
"Side lot line" is a lot line which is neither a
front lot line nor a rear lot line. (Code 1966, ~
36-1301(90))
Sec. 42-709. Lot of record.
"Lot of record" is a lot which is part of a subdivi-
sion, the plat of which has been recorded in the
office of the county register of deeds, or a parcel of
land the deed to which was recorded prior to Feb-
ruary 14, 1977. The owner of such a lot or parcel
shall be deemed to be any equitable owner. (Code
1966, ~ 36-1301(91))
Sec. 42-710. Lot size requirements.
"Lot size requirements" are restrictions on the
di!llensions of lots including minimum lot area,
wIdth and depth; and maximum density. Mini-
mum lot area, width and depth establish the size
of the zoning lot on which a structure or use or
two (2) or more structures or uses, may be don-
structed or established. (Code 1966, ~ 36-1301(92))
Sec. 42-711. Lot width.
"Lot width" is the distance on a horizontal plane
between the side lot lines measured at right an-
gles to the lot depth at the established front build-
ing line. Lot width shall never be less than thirty-
five (35) feet at the front lot line. (Code 1966, ~
36-1301(93))
Sec. 42-712. Lot, zoning.
"Zoning lot" is a parcel of land that is desig-
nated by its owner or developer, at the time of
applying for a zoning certificate as a tract all of
2561
~ 42-712
SALINA CODE
which is to be used, developed, or built upon as a
unit under single ownership. As long as it satis-
fies the above requirements such lot may consist
of:
(1), A single lot of record;
(2) A portion of a lot of record; or
(3) A combination of complete lots of record, com-
plete lots and portions of lots of record, or
portions of lots of record. (Code 1966, ~
36-1301(94))
Sec. 42-713. Marquee sign.
See "sign, awning, canopy, :and marquee." (Code
1966, ~ 36-1301(95))
Sec. 42-714. Mini-warehouse.
"Mini-warehouse" is a building or group of build-
ings in a controlled-access and/or fenced compound
that contains varying sizes of individual, compart-
mentalized, and controlled-access stalls or lockers
for the dead storage of excess personal property of
an individual or family when such is not located
on the lot with their residence, such as passenger
motor vehicle, recreational vehicle, motorcycle,
boat, and other items of personal property gener-
ally stored in residential accessory structures. (Code
1966, ~ 36-1301(95a))
Sec. 42-715. Mobile home.
"Mobile home" is any moveable structure de-
signed for occupancy as a residence, office, busi-
ness, etc., which was not or cannot be determined
to have been built in accordance with the build-
ing codes of the city. This definition excludes any
moveable structure which was designed for recrea-
tional purposes or not designed for permanent
attachment to utilities. (Code 1966, ~ 36-1301(96))
Sec. 42-716. Mobile home court.
See "mobile home park." (Code 1966, ~ 36-
1301(97))
Sec. 42-717. Mobile home park.
"Mobile home park" is an area, piece, parcel,
tract, lot, or plot of land, which is licensed by the
city, and which is used or intended for use or
occupancy by one or more mobile homes. This
term does not include sales lots on which unoccu-
pied mobile homes, whether new or used, are lo-
cated for the purposes of storage, inspection or
sale. (Code 1966, ~ 36-1301(98))
Sec. 42-718. Mobile home space.
"Mobile home space" is a plot of land within a
mobile home park which can accommodate one
mobile home and which provides the necessary
utility services for water, sewerage, and electrici-
ty. {Code 1966, .~ 36-1301(99))
Sec. 42-719. Mobile sign.
See "sign, mobile." (Code 1966, ~ 36-1301(100))
Sec. 42-720. Motor freight terminal.
"Motor freight terminal" is a building or area
in which freight brought by truck is assembled
and/or stored for routing in intrastate and inter-
state shipment by truck or in which semi-trailers,
including tractor and/or trailer units, and other
trucks are parked or stored. (Code 1966, ~ 36-
1301(101))
Sec. 42-721. Motor home.
"Motor home" is a vehicular unit designed to
provide temporary living quarters for recreation-
al, camping, or travel use built on or permanently
attached to a self-propelled motor vehicle chassis
or on a chassis cab or van which is an integral
part of the completed vehicle. (See "recreational
vehicle.") (Code 1966, ~ 36-1301(102))
Sec. 42-722. Nameplate sign.
See "sign, nameplate." (Code 1966, ~ 36-1301(103))
Sec. 42-723. Nonconforming lot of record.
"Nonconforming lot of record" is an unimproved
lot which does not comply with the lot size re-
quirements for any permitted use in the district
in which it is located. (Code 1966, ~ 36-1301(104))
Sec. 42-724. Nonconforming structure.
"Nonconforming structure" is a structure which
does not comply with the lot size requirements of
2562
e
e
e
-
e
ZONING REGULATIONS
bulk regulations applicable to new structures in
the zoning district in which it is located. (Code
1966, ~ 36-1301(105))
Sec. 42-725. Nonconforming use.
"Nonconforming use" is an existing use of a
structure or land which does not comply in some
respect with the use regulations applicable to new
uses in the zoning district in which it is located.
(Code 1966, ~ 36-1301(106))
Sec. 42-726. Nonconformity.
"Nonconformity" is a nonconforming use, non-
conforming structure, or a nonconforming lot of
record. (Code 1966, ~ 36-1301(107))
Sec. 42-727. Nursing or convalescent home.
"Nursing or convalescent home" is an institu-
tion for the care of children or the aged or infirm,
or a place of rest for those suffering bodily disor-
ders, but not including facilities for surgical care
or institutions for the care and treatment of men-
tal illness, alcoholism or narcotics addition. (Code
1966, ~ 36-1301(108))
Sec. 42-728. Occupancy permit.
"Occupancy permit" is a permit issued by the
zoning administrator after certification that such
land, use, structure or building is fit for human
occupancy and complies with all of the provisions
of the zoning regulations and other applicable
city codes, ordinances, rules and regulations. (Code
1966, ~ 36-1301(109))
Sec. 42-729. Office.
See "business and professional offices." (Code
1966, ~ 36-1301(110))
Sec. 42-730. Off-premise sign.
See "sign, advertising." (Code 1966, ~ 36-
1301(111))
Sec. 42-731. Outdoor storage.
"Outdoor storage" is the storage of goods and
materials outside of any building or structure,
~ 42-737
but not including storage of a temporary or emer-
gency nature. (Code 1966, ~ 36-1301(112))
Sec. 42-732. Package liquor store.
"Package liquor store" is an establishment in
which alcoholic beverages are SO'lid for consump-
tion off the premises. (Code 1966, ~ 36-1301(113))
Sec. 42-733. Parking garage.
"Parking garage" is a building used for the
storage of motor vehicles, which contains space
rented to the general public by the hour, day,
week, month or year, and including the accessory
sale of gasoline and motor oil if wholly within a
completely enclosed building. (Code 1966, ~
36-1301(114))
Sec. 42-734. Parking lot.
"Parking lot" is an open area used for the stor-
age of motor vehicles which contains space rented
to the general public by the hour, day, week,
month or year. (Code 1966, ~ 36-1301(115))
Sec. 42-735. Parking space.
"Parking space" is a surfaced area, enclosed in
the main building or in an accessory building, or
unenclosed, exclusive of driveways, permanently
reserved for the temporary storage of one auto-
mobile, and connected with a street or alley by a
surfaced driveway which affords satisfactory in-
gress or egress for automobiles. (Code 1966, ~
36-1301(116))
Sec. 42-736. Pharmacies.
"Pharmacies" are stores which sell prescription
and nonprescription drugs and medicine and medi-
cal, surgical, and dental supplies and appliances
only. (Code 1966, ~ 36-1301(117))
Sec. 42-737. Planning commission.
"Planning commission" means the Salina City
Planning Commission, as established in accordance
with K.S.A. 12-701 et seq., and with the powers
and authority therein granted. (Code 1966, ~
36-1301(118))
2563
~ 42-738
SALINA CODE
Sec. 42-738. Pole sign.
See "sign, pole." (Code 1966, ~ 36-1301(119))
Sec. 42-739. Preliminary plat.
"Preliminary plat" is the preliminary drawings
and information as described in this chapter and
as defined in the subdivision regulations to be
submitted to the planning commission for its ap-
proval. (Code 1966, ~ 36-1301(120))
Sec. 42-740. Principal structure.
"Principal structure" is a structure in which a
principal use of the lot on which the structure is
located is conducted. (Code 1966, ~ 36-1301(121))
Sec. 42-741. Principal use.
"Principal use" is the main use of land or struc-
tures as distinguished from a subordinate or acces-
sory use. (Code 1966, ~ 36-1301(122))
Sec. 42-742. Private club.
"Private club" is an association organized and
operated for profit or not for profit for persons
who are bona fide members paying annual dues,
which owns, hires, or leases premises, the use of
which premises is restricted to such members and
their guests. Food, meals and beverages may be
served on such premises provided adequate din-
ing room space and kitchen facilities are avail-
able. Alcoholic beverages may be served or sold to
members and their guests provided such service
or sale of alcoholic beverages is in compliance
with all federal, state, county and local laws. (Code
1966, ~ 36-1301(123))
Sec. 42-743. Projecting sign.
See "sign, projecting." (Code 1966, ~ 36-1301(124))
Sec. 42-744. Public open space.
"Public open space" is a parcel of land or an
area of water, or a combination of land and water
dedicated to public use and available for the use
and enjoyment of the general public. Public open
space does not include streets, alleys or off-street
parking or loading areas. (Code 1966, ~ 36-1301(125))
Sec. 42-745. Public sewer and water system.
"Public sewer and water system" is any sys-
tem, other than an individual septic tank or tile
field, or individual well, operated by a municipal-
ity or other governmental agency or a public util-
ity for the disposal of wastes and the furnishing
of water. (Code 1966, ~ 36-1301(126))
Sec. 42-746. Railroad right-of-way.
"Railroad right-of-way" is a strip of land with
tracks and auxiliary facilities for track operation,
but not including freight depots or stations, load-
ing platforms, train sheds, warehouses, car or loco-
motive shops, or car yards. (Code 1966, ~ 36-
1301(127))
Sec. 42-747. Real estate sign.
See "sign, real estate." (Code 1966, ~ 36-1301(128))
Sec. 42-748. Rear lot line.
See "lot line, rear." (Code 1966, ~ 36-1301(129))
Sec. 42-749. Rear yard.
See "yard, rear." (Code 1966, ~ 36-1301(130))
Sec. 42-750. Recreational vehicle.
"Recreational vehicle" is a vehicular-type unit
primarily designed as temporary living quarters
for recreational, camping, or travel use, which
either has its own motive power or is mounted on
or drawn by another vehicle. The basic entities
include: travel trailer, camping trailer, topper,
truck camper and motor home. (Code 1966, ~
36-1301(138))
Sec. 42-751. Regulatory flood.
"Regulatory flood" is a flood having a chance
occurrence in anyone year of one percent, as
expressed in the latest engineering studies in areas
of flood plain jurisdiction. (Code 1966, ~ 36-1301(131))
Sec. 42-752. Remodeling.
"Remodeling" is any change in a structure (other
than incidental repairs and normal maintenance)
2564
e
e
e
e
e
ZONING REGULATIONS
~ 42-764
which may prolong its useful life, or the useful
life of its supporting members such as bearing
walls or partitions, columns, beams, girders or
foundations; or the construction of any addition
to, or enlargement of, a structure; or the removal
of any portion of a structure. (Code 1966, ~
36-1301(132))
Sec. 42-753. Residential building.
"Residential building" is a building all or part
of which contains one or more dwelling units,
including single-family dwellings, two-family dwell-
ings, multiple-family dwellings, lodging houses,
mobile homes, dormitories, sororities and frater-
nities. (Code 1966, ~ 36-1301(133))
Sec. 42-754. Residential district.
"Residential district" is any zoning district des-
ignated with an "R", for example "R-1", "R-2",
etc., any planned development district that con-
tains residential buildings and the MH mobile
home district. (Code 1966, ~ 36-1301(134))
Sec. 42-755. Restaurant.
"Restaurant" is a public eating house, includ-
ing but not limited to the types of business estab-
lishments customarily referred to as cafeterias,
coffee shops, dairy bars, restaurants and soda foun-
tains. (Code 1966, ~ 36-1301(135))
Sec. 42-756. Retail sales.
"Retail sales" is the sale of goods, merchandise
and commodities for use or consumption. (Code
1966, ~ 36-1301(136))
Sec. 42-757. Riding stables.
"Riding stables" are structures in which saddle
horses are kept, maintained and/or boarded, and
in connection with which saddle horses are rented
to the general public or made available to mem-
bers of a private club. Exercise rings and show
rings shall be considered uses accessory to the
use of the premises of a riding stable. (Code 1966,
~ 36-1301(137))
Sec. 42-758. Right-of-way.
"Right-of-way" is a strip of land occupied or
intended to be occupied by a street, crosswalk,
railroad, road, electric transmission line, oil or
gas pipeline, water main, sanitary or storm sewer
main, or for another special use. (Code 1966, ~
36-1301(139))
Sec. 42-759. Roof sign.
See "sign, roof." (Code 1966, ~ 36-1301(140))
Sec. 42-760. Screening.
"Screening" is decorative fencing or evergreen
vegetation maintained for the purpose of conceal-
ing from view the area behind such structures or
evergreen vegetation. When fencing is used for
screening, it shall be not less than six (6) or more
than eight (8) feet in height. (Code 1966, ~
36-1301(141))
Sec. 42-761. Setback.
"Setback" is the distance between the front lot
line and the principal building on the lot. (Code
1966, ~ 36-1301(142))
Sec. 42-762. Side lot line.
See "lot line, side." (Code 1966, ~ 36-1301(143))
Sec. 42-763. Side yard.
See "yard, side." (Code 1966, ~ 36-1301(144))
Sec. 42-764. Sign.
"Sign" is any writing (including letters, words
or numerals), pictorial representation (including
illustrations or decorations), emblem (including
devices, symbols, or trademarks), flag, banner,
streamer, pennant, string of lights, or display cal-
culated to attract the attention of the public, or
any other figure of similar character which:
(1) Is a structure or any part thereof, or a porta-
ble display, or is attached to, painted on, or
in any other manner represented on a build-
ing or other structure or on the ground;
(2) Is used to announce, direct attention to, or
advertise; and
(3) Is not located inside a building. (Code 1966, ~
36-1301(145))
2565
~ 42-765
SALINA CODE
Sec. 42-765. Sign, advertising.
"Advertising sign" is a sign which directs atten-
tion to a business, commodity, service, or enter-
tainment conducted, sold, or offered at a location
other than the premises on which the sign is lo-
cated, or to which it is affixed (off-premise sign).
(Code 1966, ~ 36-1301(146))
Sec. 42-766. Sign, awning, canopy, and
marquee.
"Awning, canopy and marquee sign" is a sign
that is mounted or painted on, or attached to, an
awning, canopy, or marquee that is otherwise per-
mitted by these regulations. No such sign shall
project more than twenty-four (24) inches above,
below, or twelve (12) inches beyond the physical
dimensions of the awning, canopy, or marquee,
and a minimum of eight (8) feet of clearance shall
be provided above grade. (Code 1966, ~ 36-1301(147))
Sec. 42-767. Sign, bulletin board.
"Bulletin board sign" is a sign that indicates
the name of an institution or organization on whose
premises it is located and which contains the name
of the institution or organization, the name or
names of persons connected with it, and 'announce-
ments of persons, events, or activities occurring
at the institution. Such signs may also present a
greeting or similar message. (Code 1966, ~ 36-
1301(148))
Sec. 42-768. Sign, business.
"Business sign" is a sign which directs atten-
tion to a business or profession conducted, or to a
commodity or service sold, offered or manufactured,
or an entertainment offered, on the premises where
the sign is located or to which it is affixed. (Code
1966, ~ 36-1301(149))
Sec. 42-769. Sign, canopy.
See "sign, awning, canopy, and marquee." (Code
1966, ~ 36-1301(150))
Sec. 42-770. Sign, construction.
"Construction sign" is a temporary sign indicat-
ing the names of architects, engineers, landscape
architects, contractors, and similar artisans in-
volved in the design and construction of a struc-
ture or project only during the construction pe-
riod and only on the premises on which the
construction is taking place. (Code 1966, ~ 36-
1301(151))
Sec. 42-771. Sign, ground.
"Ground sign" is any sign placed upon, or sup-
ported by, the ground independently of the prin-
cipal building or structure on the property. Signs
on accessory structures shall be considered ground
signs. (Code 1966, ~ 36-1301(152))
Sec. 42-772. Sign, identification.
"Identification sign" is a sign giving the name
and address of a building, business, development
or establishment. Such signs may be wholly or
partly devoted to a readily recognized symbol.
(Code 1966, ~ 36-1301(153))
Sec. 42-773. Sign, marquee.
See "sign, awning, canopy, and marquee." (Code
1966, ~ 36-1301(154))
Sec. 42-774. Sign, mobile.
"Mobile sign" is a sign which is designed to be
easily transported and is attached to a trailer or
other nonmotive powered vehicle. (Code 1966, ~
36-1301(155))
Sec. 42-775. Sign, nameplate.
"Nameplate sign" is a sign giving the name
and/or address of the owner or occupant of a build-
ing or premises on which it is located, and where
applicable, a professional status. (Code 1966, ~
36-1301(156))
Sec. 42-776. Sign, off-premise.
See "sign, advertising." (Code 1966, ~ 36-
1301(157))
Sec. 42-777. Sign, pole.
"Pole sign" is a sign that is mounted on a free-
standing pole, the bottom edge of which sign is
six (6) feet or more above ground level. (Code
1966, ~ 36-1301(158))
2566
e
e
e
-
e
ZONING REGULATIONS
Sec. 42-778. Sign, projecting.
"Projecting sign" is a sign that is wholly or
partly dependent upon a building for support and
which projects more than twelve (12) inches from
such building (Code 1966, ~ 36-1301(159))
Sec. 42-779. Sign, real estate.
"Real estate sign" is a sign pertaining to the
sale or lease of the lot or tract of land on which
the sign is located, or to the sale or lease of one or
more structures, or a portion thereof located there-
on. (Code 1966, ~ 36-f301(160))
Sec. 42-780. Sign, roof.
"Roof sign" is a sign erected, constructed and
maintained wholly upon or over the roof of a build-
ing and having the roof as the principal means of
support. (Code 1966, ~ 35-1301(161))
Sec. 42-781. Sign, wall.
"Wall sign" is a sign fastened to or painted on
a wall of a building or structure in such a manner
that the wall becomes merely the supporting struc-
ture or forms the background surface, and which
does not project more than twelve (12) inches from
such building. (Code 1966, ~ 36-1301(162))
Sec. 42-782. Small animal hospital.
"Small animal hospital" is a facility for the
medical and surgical treatment of ordinary house-
hold pets, such as dogs, cats, birds, and the like,
excluding however, horses, donkeys, burros, goats,
sheep, or other similar animals or pets not capa-
ble of being cared for entirely within the confines
of a residence. (Code 1966, ~ 36-1301(163))
Sec. 42-783. Structure.
"Structure" is anything constructed or erected
with a fixed location on the ground, or attached to
something having a fixed location on the ground.
Among other things, structures include buildings,
walls, sheds, towers, and bins. For purposes of
this chapter, residential air conditioning condens-
ing units and similar cooling system apparatus,
or so-called "window" or "room" conditioners shall
not be considered as structures. (Code 1966, ~
36-1301(164))
~ 42-790
Sec. 42-784. Subdivision.
"Subdivision" is any land, vacant or improved,
which is divided or proposed to be divided into
two (2) or more lots for the purpose of offer, sale,
lease or development. Subdivision includes the
division or development of residential and non-
residential zoned land. (Code 1966, ~ 36-1301(165))
Sec. 42-785. Subdivision regulations.
"Subdivision regulations" are the official sub-
division regulations of the city, together with all
amendments thereto, adopted pursuant to Kan-
sas Statutes Annotated, Section 12-705. (Code 1966,
~ 36-1301(166))
Sec. 42-786. Tavern.
"Tavern" is an establishment in which the prin-
cipal function is the selling or serving of beer
having an alcoholic content of no greater than
three and two-tenths (3.2) percent by volume to
customers for consumption on the premises. (Code
1966, ~ 36-1301(167))
Sec. 42-787. Temporary use.
"Temporary use" is a use permitted in the zon-
ing district subject to a specific time limit; unless
otherwise specified in these regulations, a time
period not to exceed two (2) years. (Code 1966, ~
36-1301(168))
Sec. 42-788. Topper.
"Topper" is a portable unit constructed to pro-
vide temporary living quarters for recreational,
travel, or camping use, consisting of a roof and
sides and designed to be loaded onto and unloaded
from the bed of a pickup truck. (See "recreational
vehicle.") (Code 1966, ~ 36-1301(169))
Sec. 42-789. Trailer.
"Trailer" is a vehicle standing on wheels or on
rigid supports which is used for transporting boats,
cargo or property. (Code 1966, ~ 36-1301(170))
Sec. 42-790. Travel trailer.
"Travel trailer" is a vehicular unit, mounted
on wheels, designed to provide temporary living
2567
~ 42-790
SALINA CODE
quarters for recreational, camping, or travel use
and of such size or weight as not to require spe-
cial highway movement permits when drawn by
an authorized vehicle, and with a living area of
less than two hundred twenty (220) square feet,
excluding built-in equipment (such as wardrobes,
closets, cabinets, kitchen units or fixtures) and
bath and toilet rooms. (See "recreational vehicle.")
(Code 1966, ~ 36-1301(171))
Sec. 42-791. Truck camper.
"Truck camper" is a portable unit constructed
to provide temporary living quarters for recrea-
tional, travel, or camping use, consisting of a roof
and sides and designed to be loaded onto and
unloaded from the bed of a pickup truck. (See
"recreational vehicle.")(Code 1966, ~ 36-1301(172))
Sec. 42-792. Undue restriction of the regula-
tory flood.
"U ndue restriction of the regulatory flood" is a
restriction or blocking of the conveyance of flood-
water on a flood plain created by structures or fill
which, when coupled with an assumed equal con-
veyance reduction on the opposite side of the flood
plain, results in an increase in the height of the
regulatory flood of more than one foot. (Code 1966,
~ 36-1301(173))
Sec. 42-793. Use.
"Use" is any purpose for which a structure or a
tract of land may be designed, arranged, intend-
ed, maintained or occupied; also, any activity,
occupation, business or operation carried on, or
intended to be carried on, in a structure or on a
tract ofland. (Code 1966, ~ 36-1301(174))
Sec. 42-794. Use regulations.
"Use regulations" are the provisions of this
chapter which identify permitted and conditional
uses, impose use limitations, require adherence
to performance standards and regulate home oc-
cupations and accessory and temporary uses. (Code
1966, ~ 36-1301(175))
Sec. 42-795. Vision clearance area.
"Vision clearance area" is a triangular area on
a lot at the intersection of two (2) streets or a
street and a railroad, two (2) sides of which are lot
lines measured from the corner intersection of
the lot lines to a distance specified in this chap-
ter. The third side of the triangle is a line across
the corner of the lot joining the ends of the other
two (2) sides. Where the lot lines at intersections
have rounded corners, the lot lines will be ex-
tended in a straight line to a point of intersection.
(Code 1966, ~ 36-1301(176))
Cross reference-Obstructing visibility at intersections,
~~ 35-51 et seq., 42-81.
Sec. 42-796. Wall sign.
See "sign, wall." (Code 1966, ~ 36-1301(177))
Sec. 42-797. Wholesale sales.
"Wholesale sales" are the sale of goods, mer-
chandise and commodities for resale. (Code 1966,
~ 36-1301(178))
Sec. 42-798. Width, lot.
See "lot width." (Code 1966, ~ 36-1301(179))
Sec. 42-799. Wind energy conversion system
(WECS).
"Wind energy conversion system (WECS)" means
any device such as wind generator, wind charger,
windmill or wind turbine which converts wind
energy to another form of useable energy. (Ord.
No. 81-8875, ~ 1, 9-14-81)
Sec. 42-800. Yard.
"Yard" is open space on a lot which is unoccu-
pied and unobstructed from its lowest level to the
sky, except for permitted obstructions. (Code 1966,
~ 36-1301(180))
Sec. 42-801. Yard, front.
"Front yard" is a yard extending along the full
length of a front lot line and back to a line drawn
parallel to the front lot line at a distance there-
from equal to the depth of the required front yard.
On a corner lot or a double or reverse frontage lot,
each yard that abuts a front lot line shall be
~onsidered a front yard. (Code 1966, ~ 36-1301(181))
2568
e
e
e
e
e
ZONING REGULATIONS
~ 42-806
Sec. 42-802. Yard, rear.
"Rear yard" is a yard extending along the full
length of the rear lot line and back to a line
drawn parallel to the rear lot line at a distance
therefrom equal to the depth of the required rear
yard. In the case of a corner lot, there shall be no
rear yard as defined, and in such case the sides
opposite the street sides shall be considered as
side yards for setback purposes. (Code 1966, S
36-1301(182))
Sec. 42-803. Yard, side.
"Side yard" is a yard extending along a side lot
line and back to a line drawn parallel to the side
lot line at a distance therefrom equal to the width
of the required minimum side yard, but excluding
any area encompassed within a front yard or rear
yard. Dimensions of minimum side yards speci-
fied in the district regulations of this chapter refer
to the required width of each side yard rather
than to the width of both side yards, unless oth-
erwise specified. (Code 1966, S 36-1301(183))
Sec. 42-804. YMCA, YWCA, Boy Scouts, Girl
Scouts, Campfire Girls and other
similar groups.
"YMCA, YWCA, Boy Scouts, Girl Scouts, Camp-
fire Girls and other similar groups" are associ a-
tions formally organized for a common purpose,
or interest, and operated not for profit for persons
who are bona fide members, which own, hire, or
lease premises, the use of which premises is pri-
marily utilized for the promotion of the common
purpose or interest of the association. Food, meals
and beverages may be served on such premises,
provided adequate dining room space and kitchen
facilities are available. No alcoholic beverages
may be served or sold on the premises. (Code
1966, S 36-1301(184))
Sec. 42-805. Zoning lot.
See "lot, zoning." (Code 1966, S 36-1301(185))
Sec. 42-806. Zoning regulations.
"Zoning regulations" are the official zoning reg-
ulations of the city together with any and all
amendments adopted pursuant to Kansas Stat-
utes Annotated, Section 12-107, et seq. (Code 1966,
S 36-1301(186))
[The next page is 2869]
2569
e
e
No. 1.
No. 2.
No. 3.
No. 4.
No. 5.
No. 6.
No. 7.
No. B.
No. 9.
No.10.
No. 11.
No. 12.
No. 13.
No. 14.
No. 15.
No. 16.
No. 17.
e No. lB.
No. 19.
No. 20.
APPENDIX A
CHARTER ORDINANCES*
limitation on Tax Levies
Urban Renewal, H 1-7
limitation on Tax Levies
Longevity Pay for Fire Department
Payment Upon Retirement to Certain Members of the Police and
Fire Departments
Contribution By Officers and Members of the Fire and Police
Departments for Retirement Systems
Investment of Money for Policemen's and Firemen's Pension
Funds
Band
limitation on Tax Levies, ~~ 1-4
Cereal Malt Beverage licenses, H 1-3
licensing of Pawnbrokers
licensing of Pawnbrokers
General Improvements, H 1-4
Consumption of Alcoholic liquor in Public Places, H 1-4
Payment Upon Retirement to Certain Members of the Police and
~re Departments, H 1-3
Special Fund for Paying Utility Costs and Employee Benefits
Special Fund for Paying Utility Costs and Employee Benefits, H
I-B
Municipal Court Costs and Fees, ~~ 1-4
licensing of Pawnbrokers and Precious Metal Dealers, H 1-4
Fixed Asset Records for Buildings and Land, H 1-3
NO.1. LIMITATION ON
TAX LEVIES*
NO.2. URBAN RENEWAL*
A CHARTER ORDINANCE EXEMPrING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 17-4754 AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME SUBJECT; DEFINING THE
POWERS OF THE CITY FOR THE PURPOSE
OF AIDING IN THE PLANNING, UNDERTAK-
ING AND CARRYING OUT OF THE URBAN
RENEWAL PROJECTS LOCATED WITHIN THE
CITY AND PROVIDINQ THE PROCEDURE FOR
THE ISSUANCE AND SALE OF GENERAL OB-
LIGATION BONDS OF THE CITY FOR THE
PURPOSE OF UNDERTAKING OR CARRYING
CHARTER ORDINANCE EXEMPrING THE
CITY OF SALINA, KANSAS, FROM K.S.A.
79-1951 AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS ON THE SAME
SUBJECT, AUTHORIZING AND LIMITING TAX
LEVIES IN ANY ONE YEAR ON EACH DOL-
LAR OF ASSESSED TANGIBLE VALUATION
AND PRESCRIBING AN AGGREGATE LIMIT
FOR ALL CITY WIDE TAX LEVIES.
-
*Editor's note-Charter ordinance no. 1 was adopted on
March 22, 1965, and was later repealed by charter ordinance
no. 3.
*Cross reference-Economic development, Ch. 11.
e
*Editor's note-This Appendix contains the city's charter ordinances in their original form, as adopted by the board of
commissioners and as filed with the secretary of state. The headings preceding each ordinance and catch lines for the sections were
added by the editor.
Cross references-Charter ordinances saved from repeal, ~ 1-5(15); administration, Ch. 2.
2869
No. 2, ~ 1
SALINA CODE
OUT OF AN URBAN RENEWAL PROJECT OF
THE CITY.
BE IT ORDAINED BY THE GOVERNING
BODY OF THE CITY OF SALINA, KANSAS:
Section 1. Election to exempt.
That the City of Salina, Kansas, a city of the
first class of less than 125,000 population by the
power vested in it by Article 12, Section 5, of the
Constitution of the State of Kansas, hereby elects
to exempt and does exempt itself from and makes
inapplicable to it K.S.A. 17-4754 which is not
applicable uniformly to all cities of the first class
and provides substitute and additional provisions
as hereafter provided.
Section 2. Powers and duties generally.
The governing body of the City of Salina, Kan-
sas, is hereby authorized and empowered for the
purpose of aiding in the planning, undertaking or
carrying out of any urban renewal project within
its corporate limits, upon such terms, with or with-
out consideration, as it may determine:
(a) Dedicate, sell, conveyor lease any of its in-
terest in any property or grant easements,
licenses or other rights or privileges therein
to a municipality;
(b) Incur the entire expense of any public im-
provements made by such public body in ex-
ercising the powers granted in this section;
(c) Do any and all things necessary to aid or
cooperate in the planning or carrying out of
an urban renewal plan;
(d) Lend, grant or contribute funds to a munici-
pality;
(e) Enter into agreements (which may extend
over any period, notwithstanding any provi-
sion or rule of law to the contrary) with a
municipality or other public body respecting
action to be taken pursuant to any of the
powers granted by this act, including the fur-
nishing of funds or other assistance in con-
nection with an urban renewal project; and
(t) Cause public buildings and public facilities
including parks, playgrounds, recreational,
community, education, water, sewer or drain-
age facilities, or any other works which it is
otherwise empowered to undertake to be fur-
nished; furnish, dedicate, close, vacate, pave,
install, grade, regrade, plan or replan streets,
roads, sidewalks, ways or other places; plan
or replan, zone or rezone any part of the pub-
lic body or make exceptions from building
regulations; and cause administrative and other
services to be furnished to the municipality.
If at any time title to or possession of any
urban renewal project is held by any public
body or governmental agency, other than the
municipality, which is authorized by law to
engage in the undertaking, carrying out, or
administration or urban renewal projects (in-
cluding any agency or instrumentality of the
United States of America), the provisions of
the agreements referred to in this section shall
inure to the benefit of and may be enforced
by such public body or governmental agency.
As used in this ordinance, the term "munici-
pality" shall also include an urban renewal
agency vested with all of the urban renewal
project powers pursuant to the provisions of
K.S.A. 17-4756 and any amendments thereto.
Section 3. Transactions without notice or ad-
vertising, etc.
Any sale, conveyance, lease or agreement, pro-
vided for in this ordinance may be made by the
governing body without appraisal, public notice,
advertisement or public bidding.
Section 4. Furnishing of financial and other
assistance.
For the purpose of aiding in the planning, under-
taking or carrying out of an urban renewal proj-
ect of an urban renewal agency, the governing
body may (in addition to its other powers and
upon such terms, with or without consideration,
as it may determine) do and perform any or all of
the actions or things which by the provisions of
Section 1 of this ordinance, the governing body is
authorized to do or perform, including the fur-
nishing of financial and other assistance.
2870
e
e
e
-
e
APPENDIX A-CHARTER ORDINANCES
Section 5. Issuance of bonds.
For the purposes of this ordinance, or for the
purpose of aiding in the planning, undertaking or
carrying out of an urban renewal project within
the city, the governing body may (in addition to
any authority to issue bonds pursuant to KS.A.
17-4751) issue and sell its general obligation bonds:
Provided, that before any general obligation bonds
may be issued under the urban renewal law the
city shall adopt a resolution, finding and de~lar-
ing it necessary to issue such bonds, which reso-
lution shall state the purpose for which said bonds
are to be issued and the maximum amount of
bonds to be issued, and shall contain a statement
relating to the provisions for protest as hereinaf-
ter provided, which resolution shall be published
once each week for two (2) consecutive weeks in
the official paper of the city, and if within sixty
(60) days after the date of the last publication of
said resolution, a protest, signed by not less than
five per cent (5%) of the electors in the municipal-
ity, as determined by the vote cast for secretary of
state at the last preceding general election, is
filed with the city clerk, the bonds shall not be
issued, unless the governing body calls an elec-
tion within the time and in the manner prescribed
by KS.A. 10-120 or any amendments thereto, and
the proposition shall receive the favorable vote of
a majority of the votes cast on the proposition.
Section 6. Publication of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in The Salina Jour-
nal, the official city newspaper.
Section 7. Effective.
This is a charter ordinance and shall take ef-
fect sixty-one (61) days after final publication un-
less a sufficient petition for a referendum is filed
and a referendum held on the ordinance as pro-
vided in Article 12, Section 5, Subdivision (c) of
the Constitution of Kansas in which case the or-
dinance shall become effective, if approved by a
majority of the electors voting thereon.
Adopted by the governing body by not less than
~wo-thirds (2/3) vote of the members elect voting
In favor thereof, and approved by the mayor this
4th day of April, 1966.
No.5
NO. 3. LIMITATION ON
T AX LEVIES.
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM KS.A.
79-1951 AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS ON THE SAME
SUBJECT: AUTHORIZING AND LIMITING TAX
LEVIES IN ANY ONE YEAR ON EACH DOL-
LAR OF ASSESSED TANGIBLE VALUATION
AND PRESCRIBING AN AGGREGATE LIMIT
FOR ALL CITY WIDE TAX LEVIES; AMEND-
ING CHARTER ORDINANCE NO. 1 OF THE
CITY OF SALINA, KANSAS, AND REPEALING
SAID ORIGINAL CHARTER ORDINANCE.
NO.4. LONGEVITY PAY
FOR FIRE DEPARTMENTt
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 13-791 WHICH PROVIDES
LONGEVITY PAY FOR REGULAR APPOINTED
MEMBERS OF THE FIRE DEPARTMENT.
NO. 5. PAYMENT UPON RETIREMENT
TO CERTAIN MEMBERS OF THE POLICE
AND FIRE DEPARTMENTS:t:
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 13-14a08 WHICH PROVIDES
FOR PAYMENTS UPON RETIREMENT TO CER-
TAIN MEMBERS OF THE POLICE DEPART-
MENT OR FIRE DEPARTMENT AND PROVID-
ING SUBSTITUTE AND ADDITIONAL PROVI-
SIONS ON THE SAME SUBJECT.
*Editor's note-Charter ordinance no. 3 was adopted on
June 6, 1966, and was later repealed by charter ordinance no.
9.
tEditor's note-Charter ordinance no. 4 was adopted on
December 19, 1966. It has been rendered obsolete by the sub-
sequent repeal of K.S.A. 13-791.
:j:Editor's note-Charter ordinance no. 5 was adopted on
January 16, 1967, and was later repealed by charter ordi-
nance no. 15.
2871
No.6
SALINA CODE
NO.6. CONTRIBUTIONS BY OFFICERS
AND MEMBERS OF THE FIRE AND
POLICE DEPARTMENTS FOR
RETIREMENT SYSTEMS*
A CHARTER ORDINANCE EXEMPI'ING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 13-14a06, WIllCH PROVIDES
FOR MEMBERSHIP FEES AND CONTRIBU-
TIONS BY OFFICERS AND MEMBERS OF THE
FIRE AND POLICE DEPARTMENTS FOR THEIR
RETIREMENT SYSTEMS AND PROVIDING FOR
REFUNDS UPON TERMINATION OF SERVICES
WITH SAID DEPARTMENTS AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME SUBJECT.
NO.7. INVESTMENT OF MONEY FOR
POLICEMEN'S AND FIREMEN'S
PENSION FUNDSt
A CHARTER ORDINANCE EXEMPI'ING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 13-14a05, WIllCH PROVIDES
FOR THE DESIGNATION AND INVESTMENT
OF MONEY DERIVED FROM TAXES AND AS-
SESSMENTS FOR THE POLICEMEN'S AND
FIREMEN'S PENSION FUNDS, PROVIDING FOR
A MINIMUM RESERVE FOR EACH FUND, FOR
THEIR RETIREMENT SYSTEMS AND PROVID-
ING SUBSTITUTE AND ADDITIONAL PROVI-
SIONS ON THE SAME SUBJECT.
NO.8. BAND:t:
A CHARTER ORDINANCE EXEMPI'ING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 12-14a05, WHICH DEFINES
A BAND FOR THE PURPOSES OF USE OF
*Editor's note-Charter ordinance no. 6 was adopted on
March 29, 1971. It has since been rendered obsolete by adop-
tion of a new state law.
tEditor's note-Charter ordinance no. 7 was adopted on
March 29, 1971. It has since been rendered obsolete by adop-
tion of a new state law.
:\:Editor's note-Charter ordinance no. 8 was adopted on
October 29, 1973. It has since been rendered obsolete by the
repeal of K.S.A. 12-14a05.
BAND FUNDS AND PROVIDING SUBSTITUTE
AND ADDITIONAL PROVISIONS ON THE SAME
SUBJECT.
NO.9. LIMITATION ON TAX LEVIES*
A CHARTER ORDINANCE EXEMPI'ING THE
CITY OF SALINA, KANSAS, FROM K.S.A.
79-1951, WHICH PROVIDES FOR A MAXIMUM
RATE OF LEVY IN ANY ONE YEAR; PROVID-
ING SUBSTITUTE AND ADDITIONAL PROVI-
SIONS ON THE SAME SUBJECT; AMENDING
CHARTER ORDINANCE NO. 3 OF THE CITY
OF SALINA, KANSAS, AND REPEALING SAID
EXISTING CHARTER ORDINANCE.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
Section 1. Election to exempt.
That Charter Ordinance No.3 of the City of
Salina, Kansas, is hereby amended to read as
follows:
(1) That the City of Salina, a city of the first
class, by the power vested in it by Article 12,
Chapter 5 of the Constitution of the State of
Kansas, hereby elects to exempt and does
exempt itself from and make inapplicable to
it KS.A. 79-1951, which is not applicable uni-
formly to all cities and to provide substitute
and additional provisions of the same subject.
(2) That the governing body of the City of Salina
is hereby authorized and empowered to levy
taxes in each year on each dollar of assessed
tangible valuation of said city and to set such
rate of levy as may be needed to meet the
requirements of its adopted budget for the
following purposes: General operating fund,
which shall include the following activities:
General government, police department; fire
department; health and sanitation; waste dis-
posal; streets, alleys and highways; mainte-
nance of public buildings; swimming pool; parks;
animal control; street lighting; traffic signals
and parking control; civil defense; airport;
judgments; band; cemetery; general improve-
*Cross reference-Taxation generally, Ch. 37.
2872
e
e
e
e
e
APPENDIX A-CHARTER ORDINANCES
ment (except improvements for which special
assessments are made); industrial fund; nox-
ious weeds, tree maintenance; and flood control.
Provided that the city purposes specifically
authorized by other statutes are not excluded
because they are not above enumerated; and
provided further that the aggregate of all city-
wide tax levies of said city is not limited,
except as provided by legislative enactments
uniformly applicable to all cities.
Section 2. Repealer.
Charter Ordinance No.3 of the City of Salina,
Kansas is hereby repealed.
Section 3. Publication of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in the Salina Jour-
nal, the official city newspaper.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication,
unless a sufficient petition for a referendum is
filed and a referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (c)
of the Constitution of Kansas in which case the
ordinance shall become effective if approved by
the majority of the electors voting thereon.
Adopted by the governing body by not less than
two-thirds (2/3) of the members elect voting in
favor thereof and approved by the mayor this
18th day of March, 1974.
NO. 10. CEREAL MALT
BEVERAGE LICENSES*
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 41-2702, WHICH PROVIDES
IT TO BE UNLAWFUL TO SELL CEREAL MALT
BEVERAGES AT RETAIL WITHOUT FIRST SE-
CURING A LICENSE THEREFOR AND ESTAB-
LISHING THE PROCEDURE AND LICENSE
.Cross references-Cereal malt beverages generally, ~ 5-66
et seq.; retailer's license fee for cereal malt beverages, ~ 5-93.
No. 10, ~ 1
FEES THEREFOR; AND PROVIDING SUBSTI-
TUTE AND ADDITIONAL PROVISIONS ON THE
SAME SUBJECT.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina, Kansas, a city of the
first class by the powers vested in it by Article 12,
Chapter 5 of the Constitution of the State of Kan-
sas, hereby elects to and does exempt itself from
and makes inapplicable to it the provisions of
K.S.A. 41-2702 and provides substitute and addi-
tional provisions on the same subject as follows,
to wit:
"41-2702. Licenses; application to city or coun-
ty; railway cars; notice to township;
renewals; forms; fees; disposition of
moneys.
"No person shall sell any cereal malt bev-
erage at retail without having first secured a
license for each place of business as herein
provided. In case such place of business is
located within the corporate limits of a city
then the application for license shall be made
to the governing body of such city. In all
other cases the application for license shall
be made to the board of county commission-
ers in the county in which such place of busi-
ness is to be located, except that the applica-
tion for license to sell on railway cars shall
be made to the director of taxation as herein-
after provided. The board of county commis-
sioners in any county shall not issue a li-
cense without giving the clerk of the township
board in the township where the applicant
desires to locate, ~ritten notice by registered
mail, of the filing of said application. The
township board may within ten (10) days file
advisory recommendations as to the granting
of such license and such advisory recommen-
dations shall be considered by said board of
county commissioners before such license is
issued: Provided. That if such license be granted
and issued said board of county commission-
ers shall grant and issue renewals thereof
upon application of the license holder, if he
be qualified to receive the same and unless
2873
No. 10, ~ 1
SALINA CODE
such license be revoked as provided by law:
And provided further, That said board of county
commissioners shall notify the township board
of all applications for renewals and said town-
ship board may within ten (10) days file advi-
sory recommendations as to the renewal of
such licenses or the refusal thereof with said
board of county commissioners and such ad-
visory recommendations shall be considered
by said board of county commissioners before
any such renewal is granted. The application
shall be verified and upon a form prepared by
the attorney general of the state and shall
contain: (a) The name and residence of the
applicant and how long he has resided within
the State of Kansas; (b) the particular place
for which a license is desired; (c) the name of
the owner of the premises upon which the
place of business is located; (d) a statement
that the applicant is a citizen of the United
States and not less than twenty-one (21) years
of age and that he has not within two (2)
years immediately preceding the date of mak-
ing application been convicted of a felony or
any crime involving moral turpitude, or been
adjudged guilty of drunkenness, or driving a
motor vehicle while under the influence of
intoxicating liquor or the violations of any
other intoxicating liquor law of any state or
of the United States.
"Such application shall be accompanied by
a fee of not less than twenty-five dollars ($25.00)
nor more than three hundred dollars ($300.00)
as may be prescribed by the board of county
commissioners or the governing body of the
city, as the case may be, except in counties
that have a population in excess of one hun-
dred sixty-five thousand (165,000) persons, such
application shall be accompanied by a fee of
not less than twenty-five dollars ($25.00) nor
more than two hundred dollars ($200.00) as
may be prescribed by the board of county
commissioners or the governing body of the
city, as the case may be, except that an appli-
cation for a license to sell on railway cars
shall be accompanied by a fee of one hundred
dollars ($100.00). All license fees collected by
the director of taxation shall be paid into the
state treasury and the state treasurer shall
credit ninety percent (90%) of the same to the
general fund of the state and the remaining
ten percent (10%) he shall credit to the reve-
nue administration fee fund.
"The board of county commissioners of the
several counties or the governing body of a
city shall issue a license upon application
duly made as otherwise provided for herein,
to any person engaged in business in said
county or city and qualified to receive said
license, to sell only at retail cereal malt bev-
erages in original and unopened containers,
and not for consumption on the premises. Said
license fee to be not less than twenty-five
dollars ($25.00) nor more than one hundred
fifty dollars ($150.00) per year. No license
issued under this act shall be transferable."
Section 2. Publication of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in the Salina Jour-
nal, the official city newspaper.
Section 3. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication
unless a sufficient petition is filed and a referen-
dum held on the ordinance as provided in Article
12, Section 5, Subdivision (c) of the Constitution
of Kansas, in which case the ordinance shall be-
come effective if approved by a majority of the
electors voting thereon.
Adopted by the governing body by not less than
two-thirds (2/3) of the members elect voting in
favor thereof and approved by the Mayor this 9th
day December, 1974.
NO. 11. LICENSING OF P A WNBROKERS*
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 1973 SUPP. 16-707, WHICH
PROVIDES FOR THE LICENSING OF PAWN-
.Editor's note-Charter ordinance no. 11 was adopted on
December 9, 1974, and was later repealed by charter ordi-
nance no. 12.
2874
e
e
e
-
e
APPENDIX A-CHARTER ORDINANCES
BROKERS AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS ON THE SAME
SUBJECT.
NO. 12. LICENSING OF
PAWNBROKERS*
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 1973 SUPP. 16-707, WHICH
PROVIDES FOR THE LICENSING OF PAWN-
BROKERS AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS ON THE SAME
SUBJECT AND REPEALING CHARTER ORDI-
NANCE NUMBER 11.
NO. 13. GENERAL IMPROVEMENTS
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 13-1024a AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME WHICH RELATE TO GENERAL
IMPROVEMENTS AND THE ISSUANCE OF
BONDS FOR THE PURPOSE OF PAYING FOR
SAID IMPROVEMENTS.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina, Kansas, by the power
vested in it by Article 13, Section 5 ofthe Constitu-
tion of the State of Kansas, hereby elects to ex-
empt itself from and make inapplicable to it the
provisions of KS.A. 13-1024a and provide substi-
tute and additional provisions as hereinafter set
forth in this ordinance. Such referenced provisions
are either enactments or a part thereof which are
applicable to this city that are not applicable uni-
formly to all cities.
*Editor's note-Charter ordinance no. 12 was adopted on
May 12, 1975, and was later repealed by charter ordinance no.
19.
No. 13, ~ 4
Section 2. Substitute and additional pro-
visions.
That the City of Salina, does hereby provide
substitute and additional provisions on the same
subject as follows, to wit:
"13-1024a. General improvements and land
therefor; borrowing money and
bond issues; when election re-
quired.
"For the purpose of paying for any bridge,
viaduct, public building, including the land
necessary therefor, for lands for public parks
and developing the same, within or without
the city, for the establishment and construc-
tion of crematories, desiccating or reduction
work, including the land necessary therefor,
within or without the city, or for the improve-
ment, repair or extension of any waterworks,
sewage disposal plant, electric light plant,
crematory, desiccating or reduction work or
other public utility plant owned by the city,
and for the purpose of rebuilding, adding to
or extending to the same from time to time,
as the necessities of the city may require, the
city may borrow money and issue its bonds
for the same; Provided, That no bonds shall
be issued for such purposes unless the same
were authorized by a majority of the votes
cast at an election held for that purpose: Pro-
vided further, That any city of the first class
may issue the bonds of such city for the pur-
pose of paying for any of the improvements
mentioned in this section and the land neces-
sary therefor without such bonds having been
authorized by a vote of the people, but the
total amount of bonds issued for such pur-
poses shall not exceed the sum of two hun-
dred fifty thousand dollars ($250,000) in any
one year."
Section 3. Publication of ordinance.
This Charter Ordinance shall be published once
a week for two (2) consecutive weeks in The Sa-
lina Journal, the official city newspaper.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication,
2875
No. 13, ~ 4
SALINA CODE
unless a sufficient petition for referendum is filed
and the referendum held on the ordinance as pro-
vided in Article 12, Section 5, Subdivision (c)(3) of
the Constitution of the State of Kansas, in which
case the ordinance shall become effective if ap-
proved by a majority of the electors voting thereon.
Passed by the governing body by not less than
two-thirds (2/3) ofthe members elect voting thereon
this 19th day of September, 1977.
NO. 14. CONSUMPTION OF ALCOHOLIC
LIQUOR IN PUBLIC PLACES*
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS FROM THE PRO-
VISIONS OF KS.A. 41-719 AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME WHICH RELATE TO THE CON-
SUMPTION OF ALCOHOLIC LIQUOR IN PUB-
LIC PLACES.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina, Kansas, by the power
vested in it by Article 12, Section 5 of the Constitu-
tion of the State of Kansas hereby elects to ex-
empt itself from and make inapplicable to it the
provisions of KS.A. 41-719 and provide substi-
tute and additional provisions as hereinafter set
forth in this ordinance. Such referenced provisions
are either enactments or a part thereof which are
applicable to this city that are not applicable uni-
formly to all cities.
Section 2. Substitute and additional pro-
visions.
That the City of Salina does hereby provide
substitute and additional provisions on the same
subject as follows, to wit:
"41-719. Consumption of alcoholic liquor in
public places prohibited; exceptions;
penalties.
"It shall be unlawful for any person to drink
or consume alcoholic liquor upon the public
.Cross references-Alcoholic liquor generally, ~ 5-16 et
seq.; consumption of alcoholic liquor in public places, ~ 5-24.
streets, alleys, roads or highways, or in beer
parlors, taverns, pool halls or places to which
the general public has access, whether or not
an admission or other fee is charged or col-
lected, or upon property owned by the state
or any governmental subdivision thereof or
inside vehicles while upon the public streets,
alleys, roads or highways; Provided, however,
The limitations, aforesaid, shall not apply to
real property leased by a city to others under
the provisions of KS.A. 12-1740 to 12-1749,
both sections inclusive, and any amendments
thereto, if such real property is actually being
used for hotel or motel purposes or purposes
incidental thereto, nor shall said limitations
apply to any state owned or operated build-
ing or structure and the surrounding prem-
ises which are furnished to and occupied by
any state officer or employee as a residence;
Provided further, That by ordinance, any city
having a population of more than thirty thou-
sand (30,000) may by ordinance exempt cer-
tain property, title of which is vested in such
city, from the provisions of this act. Any per-
son violating the provisions of this section
shall be deemed guilty of a misdemeanor,
and upon conviction shall be punished by a
fine of not less than fifty dollars ($50) nor
more than two hundred dollars ($200), or by
imprisonment for not more than six (6) months
or be both so fined and imprisoned."
Section 3. Publication of ordinance.
This Charter Ordinance shall be published once
a week for two (2) consecutive weeks in The Sa-
lina Journal, the official city newspaper.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication,
unless a sufficient petition for referendum is filed
and the referendum held on the ordinance is pro-
vided in Article 12, Section 5, Subdivision (cX3) of
the Constitution of the State of Kansas, in which
case the ordinance shall become effective if ap-
proved by a majority of the electors voting thereon.
Passed by the governing body by not less than
two-thirds (2/3) of the members elect voting thereon
this 3rd day of October, 1977.
2876
e
e
e
-
e
APPENDIX A-CHARTER ORDINANCES
NO. 15. PAYMENT UPON RETIREMENT
TO CERTAIN MEMBERS OF THE POLICE
AND FIRE DEP ARTMENTS*
A CHARTER ORDINANCE REPEALING
CHARTER ORDINANCE NUMBER 5 WHICH
EXEMPTS THE CITY OF SALINA, KANSAS,
FROM THE PROVISIONS OF KS.A. 13-14(a)o8
WHICH PROVIDES FOR PAYMENT UPON RE-
TIREMENT TO CERTAIN MEMBERS OF THE
POLICE DEPARTMENT AND FIRE DEPART-
MENT AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS ON THE SAME
SUBJECT.
BE IT ORDAINED by the governing body of
the City of Salina, Kansas:
Section 1. Repealer.
That Charter Ordinance Number 5 of the City
of Salina, Kansas, be and the same is hereby
repealed.
Section 2. Publication of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in The Salina Jour-
nal, the official city newspaper.
Section 3. Effective date.
This is a Charter Ordinance and it shall take
effect sixty-one (61) days after final publication
unless a sufficient petition is filed and a referen-
dum held on the ordinance as provided in Article
12, Section 5, Subdivision (3) of the Constitution
of Kansas in which case the ordinance shall be-
come effective if approved by the majority of the
electors voting thereon.
Adopted by the governing body by not less than
two-thirds (2/3) of the members elect voting in
favor thereof and approved by the mayor this
17th day of October, 1977.
*Cross references-Fire prevention and protection, Ch.
14; police, Ch. 30.
No. 17, ~ 1
NO. 16. SPECIAL FUND FOR PAYING
UTILITY COSTS AND EMPLOYEE
BENEFITS*
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM K.S.A.
79-5011; PROVIDING SUBSTITUTE AND AD-
DITIONAL PROVISIONS ON THE SAME SUB.
JECT; AND AUTHORIZING THE LEVYING OF
TAXES TO CREATE A SPECIAL FUND FOR
THE PURPOSE OF PAYING UTILITY SERVICE
COSTS.
NO. 17. SPECIAL FUND FOR PAYING
UTILITY COSTS AND EMPLOYEE
BENEFITSt
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM KS.A.
79-5011; PROVIDING SUBSTITUTE AND AD-
DITIONAL PROVISIONS ON THE SAME SUB-
JECT; AND AUTHORIZING THE LEVYING OF
TAXES TO CREATE A SPECIAL FUND FOR
THE PURPOSE OF PAYING UTILITY COSTS
AND EMPLOYEE BENEFITS; AMENDING
CHARTER ORDINANCE NUMBER 16 AND RE-
PEALING SAID ORIGINAL CHARTER ORDI-
NANCE.
BE IT ORDAINED by the governing body of
the City of Salina, Kansas:
Section 1. Election to exempt.
The City of Salina, Kansas, by the power vested
in it by Article 12, Section 5 of the Constitution of
the State of Kansas, hereby elects to exempt it-
selffrom and make inapplicable to it KS.A. 79-5011,
and to provide substitute and additional provi-
sions as hereinafter set forth in this charter ordi-
nance. KS.A. 79-5011 is a part of the enactment
of the legislature establishing an aggregate tax
levy limitation applicable to this city but not ap-
plicable uniformly to all cities, and the legisla-
ture has not established classes of cities for the
*Editor's note-Charter ordinance no. 16 was adopted on
May 15, 1978, and was later repealed by charter ordinance no.
17.
tcross references-Public utilities, Ch. 31; water and sew-
ers, Ch. 41.
2877
No. 17, ~ 1
SALINA CODE
purpose of imposing aggregate limitations under
said constitutional provision.
Section 2. No limitation on tax levy for cer-
tain purposes.
The provisions of KS.A. 79-5001 to 79-5016,
inclusive, shall not apply to or limit the levy of
taxes by the City of Salina, for the payment of:
(a) Principal and interest upon bonds and tem-
porary notes;
(b) No-fund warrants issued with the approval of
the state board of tax appeals;
(c) Legal judgments rendered against the city;
(d) Rent due under any lease with a public build-
ing commission;
(e) Special assessments charged against the city-
at-large;
CD Utility service costs, whether paid from a sep-
arate property tax levy fund of the city or
from any other tax supported fund;
(g) Employee benefit costs.
Section 3. Specific levies exempt from aggre-
gate levy limitation.
The provisions of Article 50 of Chapter 79 of
the Kansas Statutes Annotated shall not apply to
any taxes levied by the City of Salina, levied
under the provisions of KS.A. 40-2305, 74-4920,
74-4967, 12-11a03, 13-1441 or 12-1617h or 13-14100,
and KS.A. 1977 Supplement 13-14a02, 14-10a02,
or to any tax levies required for the payment of
employer contributions to any pension and retire-
ment program, or to any other taxes authorized
by state law to be levied in addition to or exempt
from the aggregate levy limitation of the City of
Salina.
Amounts produced from any levy specified or
authorized in this charter ordinance, including
any levy or purpose authorized to be levied in
addition to or exempt from the aggregate levy
limit of the city, shall not be used in computing
any aggregate limitation under Article 50 of Chap-
ter 79 of the Kansas Statutes Annotated.
Section 4. Levy for utility service costs.
The City of Salina is hereby authorized to levy
a tax for the purpose of paying utility service
costs. As used in this charter ordinance, "utility
service costs" shall include payments made by
the city to a water, electric or natural gas system,
company or utility for the purpose of obtaining
street lighting or traffic control signals, or for the
lighting, heating, cooling or supplying of water or
energy to any city building or facility or for the
operation or performance of any function or ser-
vice by the city.
Section 5. Levy for employee benefit costs.
The City of Salina is hereby authorized to levy
a tax for the purpose of paying employee benefit
costs. As used in this charter ordinance, "employee
benefit costs", shall include without limitation,
payments made by the city for social security,
Kansas Public Employees Retirement System,
workmen's compensation benefits, employment
security, unemployment compensation benefits,
Kansas Police and Fire Retirement System, em-
ployee and officer liability protection and medi-
cal, health, hospitalization and life insurance,
whether for the employee or his or her dependents.
Section 6. Repealer.
Chapter Ordinance Number 16 of the City of
Salina, Kansas, is hereby repealed.
Section 7. Publication of ordinance.
This charter ordinance shall be published once
each week for two (2) consecutive weeks in the
official city newspaper.
Section 8. Effective date.
This is a charter ordinance and shall take ef-
fect sixty-one (61) days after its final publication,
unless a sufficient petition for a referendum is
filed and a referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (cX3)
of the Constitution of Kansas, in which case the
ordinance shall become effective if approved by
the majority of the electors voting thereon.
2878
e
e
e
-
e
APPENDIX A-CHARTER ORDINANCES
Adopted by the governing body by not less than
two-thirds (2/3) of the members-elect voting in
favor thereof and approved by the Mayor this
18th day of June, 1979.
NO. 18. MUNICIPAL COURT COSTS
AND FEES*
A CHARTER ORDINANCE RELATING TO
THE IMPOSITION AND COLLECTION OF MU-
NICIPAL COURT COST AND RELATED FEES.
WHEREAS, the City of Salina, Kansas, is a
city of the first class; and,
WHEREAS, KS.A. 12-4112, prohibits the City
of Salina from imposition and collection of court
cost, but that Attorney General Opinion 78-302
states that the "Kansas Code of Procedure for
Municipal Courts", does not apply uniformly to
all cities in the State of Kansas; and,
WHEREAS, the City of Salina hereby elects to
exempt itselffrom the provisions of KS.A. 12-4112
pursuant to its home rule powers as set forth in
Article 12, Section 5(CX1) et seq., of the Kansas
Constitution, and to provide for substitute and/or
additional provisions on the same subject.
BE IT THEREFORE ORDAINED by the Board
of Commissioners of the City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina hereby elects to exempt
itselffrom the provisions of KS.A. 12-4112, pursu-
ant to Article 12, Section 5(C)(1), of the Kansas
Constitution.
Section 2. Schedule of court costs and fees.
That in lieu of KS.A. 12-4112, the City of Sa-
lina hereby adopts the following schedule of court
cost and fees to be charged and collected in all
actions and cases filed and docketed in the Mu-
nicipal Court or Traffic Bureau:
(a). For docketing any case and thereaf-
ter entering any final judgment or
order. . . . . . . . . . . . . . . . . . . . . . . . .. $ 7.50.
.Cross reference-Municipal court generally, Ch. 23.
No. 18, ~ 4
(b). For furnishing a transcript or judg-
ment of appeal to be charged against
defendant if said judgment appealed
from is affirmed. . . . . . . . . . . . . . . . . $15.00.
(c). For executing any document in the
Traffic Bureau which constitutes a
Waiver of Trial, and an authorization
to enter a plea of guilty on behalf of
the defendant. . . . . . . . . . . . . . . . . . . $ 4.00.
Section 3. Purposes.
All court costs and fees provided for by this
Charter Ordinance are to be collected by the Mu-
nicipal Court, or clerk, and shall be paid into a
fund hereby created called the Municipal Court
Fund, and shall be maintained by the City Clerk,
to be disbursed upon proper voucher for the fol-
lowing purposes:
(a). For payment of attorney fees properly charged
against said fund for representation of indi-
gent defendants as provided by law.
(b). For payment cost of seminars attended by
Court officers, clerks, and judicial officers of
the City of Salina.
(c). For payment of equipment and supplies as
required and approved by the Municipal Court.
(d). To transfer any excess to the City General
Fund once each year as ordered by the Board
of Commissioners of the City of Salina.
Section 4. Publication of ordinance; effective
date.
This ordinance shall be published for two (2)
successive weeks, in the official city newspaper
but this ordinance shall not become effective until
60 days after its final publication not including
the date of the first publication, and provided
further that it shall not take effect if within 60
days of its final publication a petition signed by a
number of electors of the City equal to not less
than 10% of the number of electors who voted at
the last preceding regular city election shall be
filed in the office of the City Clerk of such city
demanding that such ordinance be submitted to a
vote of the electors, it shall not take effect until
submitted to a referendum and approved by a
majority of the electors voting thereon.
2879
No. 18, ~ 4
SALIr\A CODE
Passed by the Board of Commissioners this 12th
day of May, 1980.
NO. 19. LICENSING OF PAWNBROKERS
AND PRECIOUS METAL DEALERS*
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 16-707, WHICH PROVIDES
FOR THE LICENSING OF PAWNBROKERS AND
PRECIOUS METAL DEALERS AND PROVID-
ING SUBSTITUTE AND ADDITIONAL PROVI-
SIONS ON THE SAME SUBJECT AND REPEAL-
ING CHARTER ORDINANCE NUMBER 12.
BE IT ORDAINED by the Board of Commis-
sioners of the City of Salina, Kansas:
Section 1. Election to exempt; replacement
provisions.
That the City of Salina, Kansas, a city of the
first class, by the powers vested in it by Article
12, Section 5 of the Constitution of the State of
Kansas, hereby elects to and does exempt itself
from and makes inapplicable to it the provisions
of K.S.A. 16-707 and provides substitute and ad-
ditional provisions on the same subject, as fol-
lows, to-wit:
"16.707. Licensing of pawnbrokers and precious
metal dealers; application fee; dis-
position.
(a). No person shall engage or continue in busi-
ness as a pawnbroker or precious metal
dealer without first obtaining a license there-
for. The person shall obtain such license
from the clerk.
(b). Application for a license shall be in writing
and shall state the full name and place of
residence of the applicant. If the applicant
is a partnership, the application shall con-
tain the name and place of residence of
each officer, shareholder or member there-
of. The application shall include the address
of the places where the business is to be
conducted, the hours and days of the week
.Cross reference-Pawnbrokers, secondhand dealers and
precious metal dealers, ~ 33-16 et seq.
during which the applicant proposes to en-
gage in the business of pawnbroking or deal-
ing in precious metals at each such place,
and such other information as may be nec-
essary to determine the applicant's quali-
fications for a license in accordance with
the provisions of state law. Each applicant
shall also submit with the application:
(1). A statement that the applicant is the
holder of a valid registration certificate
issued by the Director of Revenue pur-
suant to K.S.A. 79-3608 for each place
of business for which application for a
license is made; and
(2). A detailed inventory and description
of all goods, wares, merchandise, pre-
cious metals or other property held in
pledge or for sale at the time the ap-
plication at each place of business stated
therein, including whether the same
was received in pledge, purchased as
secondhand merchandise or precious
metal purchased for resale.
(c). The license application shall be in a form
approved by the attorney general. Each ap-
plication shall be accompanied by a fee as
determined pursuant to Ordinance Number
81-8881 which shall be paid annually upon
renewal ofthe license. All such fees received
by the city clerk shall be deposited in the
city general fund."
Section 2. Prohibition of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in the Salina Jour-
nal, the official city newspaper.
Section 3. Repealer.
That Charter Ordinance Number 12 is hereby
repealed.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication
unless a sufficient petition is filed and a referen-
dum held on the ordinance as provided in Article
12, Section 5, Subdivision (c) of the Constitution
2880
e
e
e
-
e
APPENDIX A-CHARTER ORDINANCES
No. 20, ~ 3
of Kansas,in which case the ordinance shall be-
come effective if approved by a majority of the
electors voting thereon.
Adopted by the Board of Commissioners by not
less than two-thirds (%) of the members elect vot-
ing in favor thereof and approved by the Mayor
this 16th day of November, 1981.
NO. 20. FIXED ASSET RECORDS FOR
BUILDINGS AND LAND
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM K.S.A. 1980
SUPP. 75-1120(a) WHICH REQUIRES CERTAIN
MUNICIPALITIES TO MAINTAIN FIXED ASSET
RECORDS FOR BUILDINGS AND LAND.
WHEREAS, 1980 Supp. 75-1120(a) requiring
certain municipalities of the State of Kansas to
maintain fixed asset records for buildings and
land, does not apply uniformly to all municipali-
ties of the State of Kansas; and,
WHEREAS, the City of Salina, Kansas, wishes
to exempt itselffrom the said provisions, SO NOW,
THEREFORE,
BE IT ORDAINED by the Board of Commis-
sioners of the City of Salina, Kansas:
Section 1. Election to exempt.
The City of Salina, Kansas, a city of the first
class, by the power vested in it by Article 12,
Section 5, of the Constitution of the State ofKan-
sas hereby elects to and does exempt itself from
the provisions of K.S.A. 1980 Supp. 75-1120(a)
and while still conforming with all other gener-
ally accepted accounting principles make inappli-
cable to said city that portion of said statute which
would otherwise require said city to maintain fixed
asset records for buildings and land.
Section 2. Publication of ordinance.
This ordinance shall be published once each
week for two (2) consecutive weeks in the Salina
Journal, the official city newspaper.
Section 3. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication
unless a sufficient petition for a referendum is
filed as provided in Article 12, Section 5, Subdivi-
sion (cX3) of the Constitution of the State of Kan-
sas, in which case the ordinance shall become
effective only if approved by a majority of the
electors voting thereon.
Adopted by the Board of Commissioners by not
less than two-thirds (%) of the members elect vot-
ing in favor thereof and approved by the Mayor
this 9th day of November, 1981.
[The next page is 2981]
2881
e
APPENDIX B
FRANCHISES.
e
Art. I.
Art. II.
Art. III.
Art. IV.
e
-
e
Kansas Power and Light Company-Electric Franchise, ~~
1-7
Kansas Power and Light Company-Natural Gas Franchise,
~~ 1-10
Salina Cable T.V. System, ~~ 1-19
Southwestern Bell Telephone Company, H 1-8
ARTICLE I. KANSAS POWER AND LIGHT
COMPANY-ELECTRIC FRANCHISE
ORDINANCE NO. 6981
AN ORDINANCE, GRANTING TO THE KAN-
SAS POWER AND LIGHT COMPANY, A KAN-
SAS CORPORATION, ITS SUCCESSORS AND
ASSIGNS, AN ELECTRIC FRANCHISE, PRE-
SCRIBING THE TERMS THEREOF AND RELAT-
ING THERETO, AND REPEALING ALL ORDI-
NANCES OR PARTS OF ORDINANCES INCON-
SISTENT WITH OR IN CONFLICT WITH THE
TERMS HEREOF.
BE IT ORDAINED BY THE GOVERNING
BODY OF THE CITY OF SALINA, KANSAS:
Section 1. Grant of franchise.
That in consideration of the benefits to be de-
rived by the City of Salina, Kansas, and its inhabi-
tants, there is hereby granted The Kansas Power
and Light Company, a Kansas corporation, here-
inafter sometimes designated as "Company", said
Company being a corporation operating a system
for the transmission of electric current between
two or more incorporated cities in the State of
Kansas, into and through which it has built trans-
mission lines, the right, privilege, and authority
for a period of twenty (20) years from the 19th day
of June, 1967 to occupy and use the several streets,
avenues, alleys, bridges, parks, parkings, and pub-
lic places of said City, for the placing and main-
taining of equipment and property necessary to
carryon the business of selling and distributing
electricity for all purposes to the City of Salina,
Kansas, and its inhabitants, and through said
City and beyond the limits thereof; to obtain said
electricity from any source available; and to do
all things necessary or proper to carryon said
business in the City of Salina, Kansas.
Section 2. Franchise fee.
As further consideration for the granting of this
franchise, and in lieu of any city occupation, li-
cense or revenue taxes the Company shall pay to
the City during the term of this franchise three
per cent (3%) of its gross revenue from all sales of
electric energy within the corporate limits of said
City, such payment to be made monthly for the
preceding monthly period. In event Company shall
hereafter agree to pay any other city supplied
with electricity by Company, any percentage of
gross revenue in excess of the percentage herein
provided, Company, at the request of the City,
shall increase the percentage to be paid to the
City hereunder to the same percentage agreed to
be paid such other city. Any such increase in
percentage shall be effective from and after the
next payment date following said request by the
City.
Section 3. Avoidance of damage or injury to
persons or property; serving city
harmless.
That the Company, its successors and assigns,
in the construction, maintenance, and operation
of its electric transmission, distribution and street
.Editor's note-Printed herein are the franchises of the city. Catchlines were added by the editor.
Cross references-Any ordinance granting any right, privilege, easement or franchise to any person saved from repeal, ~
1-5(12); public utilities, Ch. 31; solid waste, Ch. 34; water and sewers, Ch. 41.
State law reference-Franchises, K.S.A. 12-2001 et seq.
2981
Art. I, ~ 3
SALINA CODE
lighting system, shall use all reasonable and proper
precaution to avoid damage or injury to persons
or property, and shall hold and save harmless the
City of Salina, Kansas, from any and all damage,
injury and expense caused by the sole negligence
of said Company, its successors and assigns, or its
or their agents or servants.
Section 4. Acceptance of franchise by' com-
pany.
That within sixty (60) days from and after the
passage and approval of this ordinance, said Com-
pany shall file with the City Clerk of said City of
Salina, Kansas, its unconditional written accept-
ance of this ordinance.
Section 5. Repealer.
That any and all ordinances in conflict with the
terms hereof are hereby repealed.
Section 6. Effective date.
That this ordinance shall become effective and
be in force and shall be and become a binding
contract between the parties hereto, their succes-
sors and assigns, from and after its passage, ap-
proval, publication as required by law, and ac-
ceptance by Company.
Section 7. Statutory authority.
This franchise is granted pursuant to the pro-
visions of K.S.A. 12-824.
Passed and approved this 19th day of June, 1967.
ARTICLE II. KANSAS POWER
AND LIGHT COMPANY-
NATURAL GAS FRANCHISE
ORDINANCE NO. 6982
AN ORDINANCE GRANTING TO THE KAN-
SAS POWER AND LIGHT COMPANY, A KAN-
SAS CORPORATION, ITS SUCCESSORS AND
ASSIGNS, A NATURAL GAS FRANCHISE, PRE-
SCRffiING THE TERMS THEREOF AND RELAT-
ING THERETO, AND REPEALING ALL ORDI-
NANCES OR PARTS OF ORDINANCES INCON-
SISTENT WITH OR CONFLICTING WITH THE
TERMS THEREOF.
BE IT ORDAINED BY THE GOVERNING
BODY OF THE CITY OF SALINA, KANSAS:
Section 1. Grant of franchise.
That the consideration of the benefits to be de-
rived by the City of Salina, Kansas, and'its inhabi-
tants, there is hereby granted to the Kansas Power
and Light Company, hereinafter sometimes des-
ignated as "Company", said Company being a
Kansas corporation operating a system for the
transmission of electric current between two or
more incorporated cities in the State of Kansas,
and also operating a system for the transmission
and distribution of natural gas in the State of
Kansas, the right, privilege and authority for a
period of twenty (20) years from the 19th day of
June, 1967, to occupy and use the several streets,
avenues, alleys, bridges, parks, parkings, and pub-
lic places of said City for the placing and main-
taining of pipe lines and other equipment neces-
sary to carryon the business of selling and dis-
tributing natural gas for all purposes to the City
of Salina, Kansas, and its inhabitants, and through
said City and beyond the limits thereof; to obtain
said natural gas from any source available, and
to do all things necessary or proper to carryon
said natural gas business in the City of Salina,
Kansas.
Section 2. Franchise fee.
As further consideration for the granting of this
franchise, and in lieu of any city occupation, li-
cense or revenue taxes, the Company shall pay to
the City of Salina, Kansas, two per cent (2%) of its
gross revenue from the sale of natural gas during
the term of this franchise to all consumers within
the corporate limits of the said City. Such pay-
ment shall be made monthly for the preceding
monthly period after the effective date of this
franchise. In event Company shall hereafter agree
to pay any other city supplied with natural gas by
Company, any percentage of gross revenue in ex-
cess of the percentage herein provided, Company,
at the request of the City, shall increase the per-
centage to be paid to the City hereunder to the
2982
e
e
e
-
e
APPENDIX B-FRANCHISES
Art. III
same percentage agreed to be paid such other
city. Any such increase in percentage shall be
effective from and after the next payment date
following said request by the City.
Section 3. Interference with water and sewer
lines prohibited.
That all mains, services and pipe which shall
be laid or installed under this grant shall be so
located and laid as not to obstruct or interfere
with any water pipes, drains, sewers or other struc-
ture already installed.
Section 4. Interference with street use; dis-
turbance of street surface.
Company shall, in the doing of any work in
connection with its said gas mains, pipes and ser-
vices, avoid, so far as may be practicable, inter-
fering with the use of any street, alley, avenue or
other public thoroughfare, and where Company
disturbs the surface of a street, alley, avenue or
other public thoroughfare, it shall at its own ex-
pense and in a manner satisfactory to the duly
authorized representatives of the City replace such
paving or surface in substantially as good condi-
tion as before said work was commenced.
Section 5. Obligation to supply gas.
It is recognized that the natural gas to be de-
livered hereunder is to be supplied from a pipe
line system transporting natural gas from distant
sources of supply; and the Company, by its ac-
ceptance of this franchise as hereinafter provid-
ed, does obligate itself to furnish natural gas in
such quantity and for such length of time, limited
by the terms hereof, as the said sources and said
pipe lines are reasonably capable of supplying.
Section 6. Avoidance of damage or injury to
persons and property; saving city
harmless.
That Company, its successors and assigns, in
the construction, maintenance and operation of
its natural gas system, shall use all reasonable
and proper precaution to avoid damage or injury
to persons and property, and shall hold and save
harmless the City of Salina, Kansas, from any
and all damage, injury or expense caused by the
sole negligence of said Company, its successors
and assigns, or its or their agents or servants.
Section 7. Acceptance of franchise by com-
pany.
That within sixty (60) days from and after the
passage and approval of this ordinance, Company
shall file with the City Clerk of the City of Sali-
na, Kansas, its unconditioned written acceptance
of this ordinance.
Section 8. Effective date.
That this ordinance shall become effective and
be in force and shall be and become a binding
contract between the City of Salina, Kansas, and
The Kansas Power and Light Company, its suc-
cessors and assigns, after its passage, approval
and publication as required by law, and accept-
ance by said Company.
Section 9. Statutory authority.
This franchise is granted pursuant to the pro-
visions of K.S.A. 12-824.
Section 10. Repeal.
That any and all ordinances or parts of ordi-
nances in conflict with the terms hereof are hereby
repealed.
Passed and approved this 19th day of June, 1967.
ARTICLE III. SALINA CABLE
T.V. SYSTEM
ORDINANCE NUMBER 8544
AN ORDINANCE OF THE CITY OF SALINA,
KANSAS, GRANTING TO SALINA CABLE T.V.
SYSTEM, INC., A CORPORATION, ITS SUCCES-
SORS, LEASEES AND ASSIGNS, FOR A TERM
OF FIFTEEN (15) YEARS, THE RIGHT, AUTHOR-
ITY, POWER AND FRANCHISE TO ESTABLISH,
CONSTRUCT, ACQUIRE, MAINTAIN AND OP-
ERATE A COMMUNITY ANTENNA AND
CLOSED-CIRCUIT ELECTRONIC SYSTEM
WITHIN THE CITY OF SALINA, KANSAS, TO
2983
Art. III, ~ 1
SALINA CODE
RENDER, FURNISH AND SELL COMMUNITY
ANTENNAE AND CLOSED-CIRCUIT ELEC-
TRONIC SERVICE THEREFROM WITHIN THE
CITY OF SALINA, KANSAS, AND ENVIRONS
THEREOF, AND TO USE AND OCCUPY THE
STREETS AND OTHER PUBLIC PLACES OF
THE CITY OF SALINA, KANSAS, FOR SUCH
COMMUNITY ANTENNAE AND CLOSED-
CIRCUIT ELECTRONIC SYSTEM; AND REPEAL-
ING ORDINANCE NUMBER 6291.
Be it Ordained by the Governing Body of the
City of Salina, Kansas:
Section 1. Grant of franchise.
After public hearings affording an opportunity
to be heard to all interested parties, and after a
review of the qualifications of Salina Cable T.V.
System, Inc., and after determining that Salina
Cable T.V. System, Inc., is legally qualified, of
good moral character and reputation, adequately
financed and technically competent to provide com-
munity antenna television service to the City of
Salina, there is hereby granted to Salina Cable
T.V. System, Inc., a corporation, duly authorized
to do business in the State of Kansas (hereinafter
called the "grantee"), and to the grantee's suc-
cessors, lessees, and assigns, pursuant to K.S.A.
12-2006-14 for the full term of fifteen (15) years
from the date hereof, the nonexclusive right, au-
thority, power and franchise to establish, construct,
acquire, maintain and operate a community an-
tennae and closed-circuit electronic system within
the City of Salina, Kansas (hereinafter called the
"city"), to render, furnish, and sell community
antennae and closed-circuit electronic service from
such system to the inhabitants of the city and its
environs, and to use and occupy the streets and
other public places within the corporate limits of
the city as the same now exist or may hereafter
exist for its community antennae and closed-circuit
electronic system, including the right to enter
and construct, erect, locate, relocate, repair and
rebuild in, on, under, along, over and across the
streets, alleys, avenues, parkways, lanes, bridges
and other public places of the city, all towers,
poles, cables, amplifiers, conduits, and other fa-
cilities owned, leased or otherwise used by the
grantee for the furnishing of community anten-
nae and closed-circuit electronic service within
the city and environs thereof during the continu-
ance of the franchise hereby granted.
Section 2. Work performed by franchise.
Any pavements, sidewalks, or curbing taken
up or any and all excavations made by the grantee
shall be done under the supervision and direction
of the governing body of the city under permits
issued for work by the proper officials of the city
and shall be made and done in such manner as to
give the least inconvenience to the inhabitants of
the city and the public generally, and all such
pavements, sidewalks, curbing and excavations
shall be replaced and repaired in as good condi-
tion as before, with all convenient speed, by and
at the expense of the grantee, which shall at all
times make and keep full and complete plats,
maps and records showing the exact location of
its facilities located within the public ways of the
city. The grantee shall not place poles or other
fixtures where the same will interfere with any
gas, electric or telephone fixtures, water hydrants
or mains, and all such poles or other fixtures
placed in any street shall be placed at the outer
edge of the sidewalk and inside the curb line, and
those placed in alleys shall be placed close to the
line of the lot abutting on said alley, and then in
such a manner as not to interfere with the usual
travel on said streets, alleys and public ways.
Section 3. Saving city harmless; notification
of city of suits or claims.
It is expressly understood and agreed by and
between the grantee and the city that the grantee
shall save the city harmless from all loss sus-
tained by the city on account of any suit, judg-
ment, execution, claim or demand whatsoever,
including legal fees incurred, resulting from neg-
ligence on the part of the grantee in the construc-
tion, operation, or maintenance of its electric sys-
tem in the city. The city shall notify the grantee's
representative in the city within thirty (30) days
after the presentation of any claims or demand,
either by suit or otherwise, made against the city
on account of any negligence as aforesaid on the
part of the grantee. The grantee will file with the
city clerk proof of liability insurance in such amounts
2984
e
e
e
-
e
APPENDIX B-FRANCHISES
Art. III, ~ 10
as directed by the city and will provide thirty (30)
days notice to the city of cancellation of the in-
surance policy.
Section 4. Rules and regulations; rates.
The grantee shall have the authority to pro-
mulgate such rules, regulations, terms and condi-
tions of its business as shall be reasonably neces-
sary to enable the grantee to exercise its rights
and perform its services under this franchise and
to assure an uninterrupted service to each and all
of its customers. The grantee shall have the right
and power to fix, charge, collect and receive rea-
sonable rates for community antennae and closed-
circuit electronic service furnished within the cor-
porate limits of the city; provided however, the
grantee shall file with the city a schedule of its
proposed rates and charges for its proposed ser-
vices, which such rates and charges shall be es-
tablished as maximum rates for its services and
may not be exceeded without the approval of the
governing body of the city; provided further how-
ever, that the governing body of the city shall at
no time fix a rate which shall prohibit grantee
from earning a reasonable rate upon the fair value
of the property used and useful in such service.
Section 5. Placement of facilities.
The city reserves the right of reasonable regu-
lation of the erection, construction or installation
of any facilities by the grantee and to reasonably
designate where such facilities are to be placed
within the public ways and places.
Section 6. Moving of buildings.
The grantee shall, on the request of any person
holding a building moving permit issued by the
city, temporarily raise or lower its wires to per-
mit the moving of buildings. The expense of such
temporary removal, raising or lowering of wires
shall be paid by the person requesting the same
and the grantee shall have the authority to re-
quire such payment in advance. The grantee shall
be given not less than forty-eight (48) hours ad-
vance notice to arrange for such temporary wire
changes.
Section 7. Trimming of trees.
The grantee shall have the authority to trim
trees upon the overhanging streets, alleys, side-
walks and other public places of the city so as to
prevent the branches of such trees from coming
in contact with the wires and cables of the grant-
ee, all trimming to be done under the supervision
and direction of the city and at the expense of the
grantee.
Section 8. Changing of grades.
In the event that at any time during the period
of this franchise the city shall lawfully elect to
alter, or change the grade of, any street, alley or
other public way, the grantee, upon reasonable
notice by the city, shall remove, relay, and relo-
cate its poles, wires, cables, underground conduits,
manholes and other telephone fixtures at its own
expense.
Section 9. Franchise subject to police power
and reasonable regulation.
The grantee shall, at all times during the life of
this franchise, be subject to all lawful exercise of
the police power by the city, and to such reason-
able regulation as the city shall hereafter, by
resolution or ordinance, provide.
Section 10. Franchise fee.
In consideration for the rights, privileges, and
franchise hereby granted, and as compensation to
the city for the use of its public ways and places
by the grantee, and in lieu of all occupation and
license taxes, the grantee shall, on or before the
1st day of January of each year pay to the city the
sum of twenty-five dollars ($25.00) and shall on or
before the last day of January and the last day of
July each year in which this franchise is effec-
tive, pay to the city a sum equal to three (3) per
cent of the gross receipts from the sale of commu-
nity antennae and closed-circuit electronic service
within the then existing corporate limits of the
city for the preceding six-month period ending on
the last day of December and the last day of June,
respectively. The term "gross receipts" as applied
to sales of community antennae and closed-circuit
2985
I Art. III, ~ 10
SALINA CODE
electronic service, as used in this section, shall
include service sold for domestic or residential
consumption, and service for commercial or in-
dustrial consumption, provided, however, pursu-
ant to the rules and regulations of the Federal
Communications Commission there shall be ex-
cluded revenues from "ancillary" or "auxiliary"
services such as advertising, leased channels and
programming supplied on a per program or per
channel charge basis, or refunds or credits made
to subscribers. Similarly, there shall not be in-
cluded service to educational institutions not op-
erating for profit, churches, and charitable insti-
tutions, as such users are construed by the United
States Department of Internal Revenue Service
under current revenue acts.
Section 11. Local business office; filing of
complaints.
The grantee shall maintain a local business
office for the purpose of providing service here-
under and for the investigation and resolution of
all complaints regarding community antennae or
closed-circuit electronic service pursuant to pro-
cedures adopted by the city and grantee, for his
purpose, from time to time. The city manager, or
his designee, shall have primary responsibility
for the continuing administration of this franchise
and implementation of complaint procedures, and
the grantee shall notify each subscriber of the
procedures for reporting and resolving complaints
at the time of initial subscription.
Section 12. Right to renew.
As an inducement to grantee to continue to
improve its systems and services offered at all
times during the franchise period, the city agrees
to give grantee a first right of refusal to renew
said franchise, in accordance with the applicable
rules of the Federal Communications Commission,
provided grantee's operation has been satisfactory.
Section 13. Amendment of franchise.
It shall be the policy of the city to amend this
franchise upon application of the grantee, when
necessary to enable the grantee to take advan-
tage of any developments in the field of transmis-
sion of television and radio signals which will
afford it an opportunity to more effectively, effi-
ciently or economically serve its customers, and
any modifications required by the amendment of
the rules and regulations of the Federal Commu-
nications Commission shall be incorporated into
this franchise as of the date such modifications
become obligatory under Federal Communications
Commission regulations, or in the event no oblig-
atory date is established, within one year of the
adoption of such modification or at the time of the
renewal of this franchise, whichever first occurs.
Section 14. Map of lines and facilities.
The grantee shall, within sixty (60) days after
the effective date of this ordinance, file in the
office of the city engineer of said city a map indi-
cating and describing the exact location of all of
its lines and facilities within the city streets, al-
leys and public ways, including underground ca-
bles and equipment. Grantee shall annually there-
after on or before March 1st of each year, file with
the city engineer such maps as may be necessary
to indicate changes made in said system during
the past calendar year.
Section 15. Costs of publication.
Grantee shall assume all costs incurred by the
city for publication of this ordinance.
Section 16. Repealer.
Ordinance Number 6291 is hereby repealed as
of the effective date of this ordinance.
Section 17. Rights of successors.
All provisions of this ordinance shall be bind-
ing upon the grantee and all successors, lessees
and assigns of the grantee whether expressly stated
herein or not, and all the rights, authorities, pow-
ers, grants and privileges secured by this ordi-
nance to the grantee shall be held to insure to the
benefit of the grantee and all successors, lessees
and assigns of the grantee.
Section 18. Statutory authority.
This franchise herein granted shall be subject
to the applicable provisions of K.S.A. 12-2006-14.
2986
e
e
e
-
e
APPENDIX B-FRANCHISES
Art. IV, ~ 3
Section 19. Effective date.
This ordinance shall not take effect until pub-
lished in the official city newspaper once a week
for three (3) consecutive weeks and until after the
expiration of sixty (60) days from the date of final
passage; provided however if a sufficient p~tition
is filed and a referendum held on the ordmance
as provided in K.S.A. 12-2001 in which case the
ordinance shall become effective if approved by a
majority of the electors voting thereon. .
First Reading: February 7, 1977
Second Reading: February 14, 1977
Third Reading: February 28, 1977
ARTICLE IV. SOUTHWESTERN BELL
TELEPHONE COMPANY
ORDINANCE NO. 6296
AN ORDINANCE DEFINING THE MANNER
AND PLACE OF CONSTRUCTION OF THE
LINES OF THE SOUTHWESTERN BELL TELE-
PHONE COMPANY AND PROVIDING FOR AN
ANNUAL PAYMENT TO BE MADE TO THE
CITY OF SALINA, KANSAS.
Be it Ordained by the Board of Commissioners
of the City of Salina, Kansas:
Section 1. Continuation of operations.
The Southwestern Bell Telephone Company, its
successors and assigns (herein referred to as "tele-
phone company") shall continue to operate its
telephone system and all business incidental to or
connected with the conducting of a telephone busi-
ness and system in the City of Salina, State of
Kansas (herein referred to as "city"). The plant
construction and appurtenances used in or inci-
dent to the giving of telephone service and to the
maintenance of a telephone business and system
by the telephone company in said city shall re-
main as now constructed, subject to such changes
as may be considered necessary by the city in the
exercise of its inherent powers and by the tele-
phone company in the conduct of its business, and
said telephone company shall continue to exer-
cise its right to place, remove, construct and re-
construct, extend and maintain its said plant and
appurtenances as the business and purposes for
which it is or may be incorporated may from time
to time require, along, across, or over, through,
above and under all the public streets, avenues,
alleys, bridges, and the public grounds and places
within the limits of said city as the same from
time to time may be established.
Section 2. Franchise fee.
That the telephone company shall pay to the
City of Salina, the sum of twelve cents ($0.12) per
month for each main telephone stations located
within the corporate limits of said city on the first
day of January, 1964, for the period of January
first to December thirty-first, 1964, inclusive, and
a like sum thereafter for a like period on the first
day of January 1965, 1966, 1967, and 1968, and
for successive terms of like duration unless within
sixty (60) days prior to the expiration of any five
(5) year term, sixty (60) days notice is given by
one party to the other of its intention to termi-
nate the same at the expiration of the then cur-
rent (5) year term it being expressly understood
that each five (5) year term provides for five (5)
annual payments; said payments to be in lieu of
all other licenses, charges, fees or impositions (other
than the usual, general or special ad valorem
taxes) which might be imposed by the city on the
authority conferred by law. The telephone com-
pany shall have the privilege of crediting such
sums with any unpaid balance due said company
for telephone service rendered or facilities furnished
to said city. For the purposes of payment hereun-
der for any given year the number of such sta-
tionsshall be determined to be the number of
main stations in the City of Salina, on December
thirty-first; the city shall have full right to audit
any and all of the company's records at any time
to determine the validity of the number of said
main stations. (Ord. No. 68744, ~ 1, 10-21-63)
Section 3. Moving of structures.
The telephone company on the request of any
person shall remove or raise or lower its wires
temporarily to permit the moving of houses or
other structure. The expense of such temporary
2987
Art. IV, ~ 3
SALINA CODE
removal, raIsmg or lowering of wires shall be
paid by the party or parties requesting the same,
and the telephone company may require such pay-
ment in advance. The telephone company shall be
given not less than forty-eight (48) hours' advance
notice to arrange for such temporary wire changes.
Section 4. Trimming of trees.
Permission is hereby granted to the telephone
company to trim trees upon and overhanging streets,
alleys, sidewalks and public places of said city so
as to prevent the branches of such trees from
coming in contact with the wires and cables of the
telephone company, all the said trimmings to be
done under the supervision and direction of any
city official to whom said duties have been or may
be delegated.
Section 5. Attachment to other poles.
Nothing in this ordinance shall be construed to
require or permit any telephone, electric light, or
power wire attachments by either the city of the
telephone company on the poles of the other. If
such attachments are desired by the city or the
telephone company, then a separate noncontingent
agreement shall be a prerequisite to such attach-
ments.
Section 6. No exclusive privileges.
Nothing herein contained shall be construed as
giving to the telephone company any exclusive
privileges, nor shall it affect any prior or existing
rights of the telephone company to maintain a
telephone system within the city.
Section' 7. Repealer.
All other ordinances and agreements and parts
of ordinances and agreements relating to the oper-
ation of a telephone system within said city are
hereby repealed.
Section 8. Acceptance by company.
The said telephone company shall have sixty
(60) days from and after its passage and approval
to file its written acceptance of this ordinance
with the city clerk, and upon such acceptance
being filed, this ordinance shall be considered as
taking effect and being in force from and after the
date of its passage and approval by the mayor.
Approved this 27th day of January, 1959.
[The next page is 3489]
2988
e CODE COMPARATIVE TABLE
1966 CODE
This table gives the location within this Code of those sections of the 1966 Code
e as updated through 1-7-80, which are included herein. Sections of the 1966 Code as
updated not listed herein have been omitted as repealed, superseded, obsolete or not
of a general and permanent nature. For the location of ordinances adopted subse-
quent thereto, see the table immediately following this table.
Section Section
Section this Code Section this Code
1-1-1-4 1-1-1-4 6-56 5-102
1-5, 1-6 1-6, 1-7 6-57 5-74
1-7-1-11 1-9-1-13 6-58, 6-59 5-103, 5-104
2-1 2-1 6-60 5-79
2-7-2-9 2-3 6-62 5-78
2-48-2-54 2-61-2-67 6-63 5-75
2-54.1 2-76-2-81 6-64 5-98
2-58 1-14 6-65, 6-66 5-76,5-77
2-61,2-62 2-51, 2-52 6-67 5-81
2-104, 2-105 2-106, 2-107 6-68 5-80
2-106 2-106 6-79 5-136
2-107, 2-108 2-108 6-80 5-139
2-125 2-121 6-81 5-138
2-187,2-188 2-161,2-162 6-84-6-87 5-143-5-146
2-196-2-199 2-144-2-147 7-18,7-19 6-16,6-17
3-1-3-4 3-1-3-4 7-20,7-21 6-31, 6-32
e 3-5, 3-6 3-5 7 -22, 7-23 6-33
3-7 3-6 7-24,7-25 6-18, 6-19
5-1-5-3 4-16-4-18 7-36 6-46
5-4 4-1 7-48 6-56
5-5, 5-6 4-19 7-49 6-47
5-7-5-9 4-31-4-33 7-50 6-57, 6-58
6-1,6-2 5-16, 5-17 7-52 6-59
6-3 5-38 7-53 6-61
6-4 5-18,5-36 7-55 6-60
6-5 5-37 7-68 6-166, 6-168
6-6 5-39 7-69 6-1
6-8 5-19 7-70 6-167
6-9,6-10 5-20 7-73-7-76 6-156-6-159
6-12-6-16 5-21 7-77,7-78 6-169,6-170
6-17 5-22 7-80 6-170
6-18 5-52 7-91 6-86, 6-88
6-19 5-51 7-92 6-87, 6-89
6-20 5-53 7-93 6-90
6-21, 6-22 5-23, 5-24 7 -94, 7-95 6-76, 6-77
6-23 5-26 7-96,7-97 6-91, 6-92
6-24 5-17 7-108 6-106
6-25 5-25 7-109,7-110 6-116,6-117
6-35 5-66 7-114,7-115 6-118,6-119
6-36 5-91 7-126,7-127 6-141,6-142
6-37, 6-38 5-93 7-129 6-143,6-144
6-39 5-92 7-130 6-131
-- 6-40, 6-41 5-96 9-1 8-38
6-42, 6-43 5-94, 5-95 9-5-9-7 8-1-8-3
6-44 5-97 9-8 8-16-8-20
6-45-6-47 5-99-5-101 9-19 8-36, 8-37
6-48, 6-49 5-67,5-68 9-63 8-381
e 6-51-6-55 5-69-5-73 9-66, 9-67 8-382
3489
SALINA CODE
Section Section
Section this Code Section this Code
9-68-9-70 8-383-8-385 9-443, 9-444 8-293,8-294
9-108 8-76 9-445-9-449 8-311-8-315
9-110-9-113 8-78-8-81 9-449.2, 9-449.3 8-296, 8-297
9-114-9-118 8-96-8-100 9-450 8-51
9-119-9-121 8-82-8-84 9-460 8-331
9-123, 9-124 8-85, 8-86 10-1, 10-2 9-1,9-2
9-130,9-131 8-111,8-112 1072-1-1072-4 10-39-10-42
9-132 8-114 11-1-11-3 12-1-12-3
9-133 8-118 11A-1, 11A-2 13-1, 13-2
9-134-9-136 8-115-8-117 11A-10 13-16-13-21
9-137,9-138 8-119, 8-120 11A-11 13-22
9-139 8-113 11A-30, 11A-31 13-26
9-145, 9-146 8-131, 8-132 11A-40 13-27
9-146.1 8-133 11A-50 13-28
9-147-9-154 8-134-8-141 11A-60, 11A-61 13-41
9-160-9-172 8-151-8-163 11A-62-11A-64 13-42-13-44
9-179-9-181 8-66-8-68 llA-70-11A-73 13-56-13-59
9-200, 9-201 8-176,8-177 11A-80 13-3
9-204, 9-205 41-71.1,41-71.2 11A-90 13-72
9-205.1, 9-205.2 8-180,8-181 11A-91 13-71
9-206-9-222 8-201-8-217 llA-92-11A-96 13-73-13-77
9-223, 9-224 8-218 11A-98 13-78
9-225 8-219 12-1 14-1
9-226 8-226 12-15 14-4
9-227 8-228 12-16 14-3
9-228 8-227 12-17 14-2
9-229-9-233 8-229-8-233 12-22 14-5
9-234 8-184 12-38, 12-39 14-17,14-18
9-237-9-239 8-185-8-187 12-41-12-49 14-19-14-27
9-239.1-9-239.3 8-188-8-190 12-76 14-41
9-241-8-254 8-256-8-269 12-113 14-42
9-324 8-361 12-119-12-126 14-51-14-58
9-326, 9-327 8-362, 8-363 12-139, 12-140 14-66, 14-67
9-328 8-351 12-146-12-149 14-76-14-79
9-329 8-364 13-1-13-5 15-1-15-5
9-367 8-476 13-11-13-16 15-16-15-21
9-368 8-488 15-1, 15-2 17-1,17-2
9-346-9-356 8-401-8-411 15-3 24-5-24-9
9-370 8-486, 8-487 15-4, 15-5 24-8, 24-9
9-371 8-489 15-6 24-2
9-372, 9-373 8-477,8-478 15-7-15-9 41-71
9-384, 9-385 8-426, 8-427 15-11 24-2
9-387 8-436 15-12 24-5-24-9
9-388 8-446 15-24 24-2
9-390 8-428 15-25 24-5
9-391 8-447 15-26 24-7
9-392, 9-393 8-437,8-438 15-27 24-6
9-394 8-429 15-29 24-8,24-9
9-411-9-419 22-51-22-59 15-40, 15-41 24-2
9-420-9-428 22-71-22-79 15-42 24-8
9-429-9-431 22-60-22-62 15-44 24-9
9-432 22-80 16-1-16-5 18-1-18-5
9-433 22-63 16-7,16-8 18-6, 18-7
9-440 8-281 16-19 18-21
9-440.1 8-282 16-21-16-29 18-23-18-31
9-441 8-292 16-30, 16-31 18-41, 18-42
9-442 8-291 16-33-16-37 18-43-18-47
3490
CODE COMPARATIVE TABLE
e Section Section
Section this Code Section this Code
16-54-16-65 18-61-18-72 22-190 38-41.7,38-70
e 16-66, 16-67 18-69, 18-70 22-191 38-71
16-68 18-73 22-205 38-22
16-71-16-76 18-75-18-80 22-209, 22-210 38-23, 38-24
18-1 33-36 22-222 38-25
18-2-18-7 33-46-33-51 22-234-22-237 38-101-38-104
18-9-18-11 33-52-33-54 22-254, 22-255 38-116,38-117
18-12-18-14 33-37-33-39 22-325-22-329 38-131-38-135
18-74 16-70 22-332-22-335 38-136-38-139
19-1-19-17 19-21-19-37 22-351,22-352 38-8, 38-9
19-18 19-1 23-1-23-4 25-1-25-4
19-19 19-38 23-15,23-16 25-56
19-31-19-33 19-2-19-4 23-19-23-21 25-61-25-63
20-1,20-2 20-1, 20-2 23-22, 23-23 25-57, 25-58
20-3-20-5 20-4 23-24 25-60
20-6-20-8 20-5-20-7 23-27, 23-28 25-65
20-9,20-10 20-9,20-10 23-29 25-64
20-11, 20-12 20-12,20-13 23-31 25-66
20-13-20-24 20-15-20-26 23-32 25-59
20-25 20-11 23-43, 23-44 25-21, 25-22
20-38, 20-39 7.5-1 23-45-23-48 25-25
20-42 6-1 23-49 25-24
20-43 28-1 23-50 25-25
20-48 6-1 23-51 25-24
20-50 28-1 23-52, 23-53 25-25
e 20-58 6-1 23-54 25-26
20-59 28-1 23-57 25-28
20-65 6-1 23-69-23-71 25-146
20-68 6-1 23-72 25-147
20-69 7.5-1 23-73-23-78 25-176-25-181
20-75 32-26 23-79,23-80 25-148,25-149
32-28 23-81 25-161
20-76 32-27 23-82 25-182
20-77 32-29 23-83-23-87 25-162-25-166
20-78 32-16 23-88 25-136
20-79 32-30 23-89 25-150
21-1 22-1 23-92 25-151
21-12-21-19 22-16-22-23 23-93-23-95 25-183-25-185
21-30-21-32 22-36-22-38 23-96 25-152
22-2 38-2 23-107 25-81
22-7 38-26 23-109-23-111 25-82-25-84
22-13 38-7 23-113, 23-114 25-85, 25-86
22-14 38-43 23-124-23-127 25-116-25-119
22-31,22-32 38-5,38-6 23-128-23-133 25-120
22-65 38-3 23-134,23-135 25-121
22-77 38-21 23-146 25-101
22-115 38-4 23-147 25-41
22-146 38-44 23-147.1 25-42
22-150 38-41 23-148 32-1
22-153-22-155 38-42 23-149,23-150 21-16,21-17
22-158 38-44 23-151 25-43
-- 22-169-22-171 38-51 23-151.1 25-27
22-172-22-180 38-52-38-60 23-152 41-73
22-181 38-41.3, 38-61 23-153 28-2
22-182 38-62 23-154,23-155 25-6, 25-7
22-183 38-41.7,38-63 23-155.1 28-3
e 22-184-22-189 38-64-38-69 23-156 25-5
3491
SALINA CODE
Section Section
Section this Code Section this Code
23-166 7-34 32-74,32-75 35-85
23-171-23-178 38-81--38-88 32-76 35-87
24-1-24-4 26-16-26-19 32-77 35-86
24-6 26-20 32-78-32-89 35-61-35-72
24-7, 24-8 26-21 32-100-32-105 35-101-35-106
24-9, 24-10 26-22, 26-23 32-116 35-121
24-11 26-25 32-117 35-151
24-12 26-24 32-119-32-121 35-153-35-155
24-13 26-26 32-122, 32-123 35-160
24-14-24-17 26-1-26-4 32-124 35-159
25-2 27-17 32-125-32-127 35-158
25-7-25-9 27-16 32-129 35-129
26-1-26-5 33-16-33-20 32-131 35-122
26-6 33-22 32-133 35-126
26-7 33-21 32-141, 32-142 35-127,35-128
27-1 29-16 32-145 35-135
27-2 29-17-29-20 32-156,32-157 35-132, 35-133
27-3,27-4 29-21,29-22 32-159 35-131
27-91-27-97 29-36-29-42 32-204 35-136
28-48 30-16 32-205 35-125
28-49 30-36 32-206, 32-207 35-137,35-138
28-50-28-52 30-38-30-40 32-208, 32-209 35-157
28-53, 28-54 30-43, 30-44 32-213, 32-214 35-158
28-55 30-46 32-215 35-151,35-152
28-56 30-37 32-216 35-156
28-57 30-41 32-217 35-124
28-58 30-45 32-218 35-134
28-59 30-17 32-219, 32-220 35-139, 35-140
28-60 30-21 32-231-32-236 35-176-35-181
28-61 30-25 32-247 35-201
28-62-28-64 30-22-30-24 32-250, 32-251 35-202, 35-203
28-65 30-42 32-253-32-260 35-204-35-211
28-66-28-68 30-18-30-20 32-263-32-268 35-212-35-217
29-20 23-36 32-279, 32-280 35-231, 35-232
29-21 23-16 32-302-32-305 35-251-32-254
29-22 23-36 32A-11-32A-13 37-16--37-18
29-23-29-29 23-37-23-43 33-1 39-1
29-30-29-39 23-17-23-26 33-3-33-10 39-3-39-10
30-1-30-10 31-1--31-10 33-21 39-21
31-11 34-16 33-22 39-2, 39-22
31-18 34-34, 34-35 33-23, 33-24 39-31,39-32
31-19, 31-20 34-36,34-37 33-26-33-28 39-33-39-35
31-23 34-38 33-30 39-36
31-35-31-41 34-16-34-22 33-41-33-43 39-51-39-53
31-43, 31-44 34-24, 34-25 34-1 40-1
31-45-31-51 34-27-34-33 34-2-34-4 40-29
31-62-31-66 34-61--34-65 34-5 40-2
31-69 34-68 34-19 40-26
31-71, 31-72 34-66, 34-67 34-20 40-16
31-73,31-74 34-51, 34-52 34-21 40-28
31-81-31-84 34-81-34-84 34-22 40-27
31-85, 31-86 34-85 34-27 40-30
32-2, 32-3 35-1,35-2 34-28 40-17
32-8-32-12 35-3-35-7 34-39-34-41 40-46-40-48
32-23 35-21 34-43-34-48 40-81-40-86
32-37-32-43 35-36-35-42 34-49 40-94
32-55-32-59 35-51-35-55 34-50 40-49
32-70-32-73 35-81-35-84 34-51-34-56 40-87-40-92
3492
CODE COMPARATIVE TABLE
e Section Section
Section this Code Section this Code
34-57 40-95 36-609(1)-36-609(5) 42-267--42-271
34-58 40-96 36-610 42-281
e 34-59 40-96,40-116 36-610(1)-36-610(5) 42-282--42-286
34-60 40-50 36-611 42-301
34-61 40-93 36-611(1)-36-611(5) 42-302--42-306
34-62-34-82 40-51--40-71 36-612 42-316
34-87--34-94 40-106--40-113 36-612(1)-36-612(5) 42-317-42-321
34-96 40-115 36-613 42-331
34-98, 34-99 40-114 36-613(1)-36-613(5) 42-332-42-336
34-101 40-114 36-614 42-346
34-102,34-103 40-116 36-614(1)-36-614(5) 42-347--42-351
34-104 40-117 36-615 42-361
35-1 41-1 36-615(1)-36-615(5) 42-362--42-366
35-3, 35-4 41-2,41-3 36-616 42-381
35-8 41-4 36-616(1)-36-616(5) 42-382--42-386
35-9-35-11 41-6--41-8 36-700-36-707 42-401-42-408
35-12 41-72 36-800-36-813 42-426-42-439
35-23-35-43 41-21-41-41 36-8AOO, 36-8A01 42-456,42-457
35-44 41-20 36-8A02, 36-8A03 42-471,42-472
35-45 41-42 36-8A04 42-473,42-474
35-54 41-86 36-8A05 42-475--42-477
35-56, 35-57 41-87,41-88 36-8A06 42-478
35-59 41-89 36-8A07 -36-8A10 42-458--42-461
35-61-35-69 41-90--41-98 36-900 42-501
35-79-35-87 41-51--41-59 36-901 42-502, 42-503
36-100, 36-101 42-1,42-2 36-903-36-905 42-504--42-506
e 36-102( 1)--36-102(6) 42-3--42-8 36-907(1),36-907(2) 42-516, 42-517
36-200-36-205 42-21-42-26 36-907(3)-36-907(8) 42-519--42-524
36-300-36-302 42-40--42-42 36-1000(1)- 42-551-
36-400--36-406 42-56--42-62 36-1000(3) 42-553
36-500-36-505 42-76-42-81 36-1001(1)- 42-561-
36-505(1)-36-505(5) 35-51-35-55 36-1001(3) 42-563
36-600 42-111 36-1100-36-1105 42-576--42-581
36-600(1)-36-600(4) 42-112-42-115 36-1200-36-1206 42-596--42-602
36-601 42-126 36-1300 42-616
36-601(1)-36-601(4) 42-127--42-130 36-1301(1)- 42-617 -
36-602 42-141 36-1301 (22) 42-638
36-602(1)-36-602(4) 42-142--42-145 36-1301 (23) 42-641
36-603 42-156 36-1301(24) 42-639
36-603(1)-36-603(4) 42-157--42-160 36-1301(25) 42-640
36-604 42-171 36-1301(26)- 42-642-
36-604(1)-36-604(4) 42-172--42-175 36-1301(67) 42-683
36-604A 42-186 36-1301(67a) 42-684
36-604A(1)- 42-187- 36-1301(68)- 42-685-
36-604A (4) 42-190 36-1301 (73) 42-690
36-605 42-201 36-1301(74)- 42-692-
36-605(1)-36-605(4) 42-202--42-205 36-1301(95) 42-713
36-606 42-216 36-1301(95a) 42-714
36-606(1) 42-217,42-222 36-1301(96)- 42-715-
36-606(2) 42-218, 42-223 36-1301( 130) 42-749
36-606(3) 42-219--42-221, 36-1301(131)---- 42-751-
42-224 36-1301 (137) 42-757
- 36-606(4),36-606(5) 42-225, 42-226 36-1301(138) 42-750
36-607 42-236 36-1301(139)- 42-758-
36-607(1)-36-607(4) 42-237--42-240 36-1301 (179) 42-798
36-608 42-251 36-1301(180)- 42-800-
e 36-608(1)-36-608(5) 42-252--42-256 36-1301(186) 42-806
36-609 42-266
3493
-
e CODE COMPARATIVE TABLE
ORDINANCES
This table gives the location within this Code of those ordinances adopted since
the 1966 Code, as supplemented through 1-7-80, which are included herein. Ordinances
e adopted prior to such date were incorporated into the 1966 Code. This table contains
some ordinances which precede 1-7-80, but which were never included in the 1966
Code, as supplemented, for various reasons. Ordinances not listed herein have been
omitted as repealed, superseded, or not of a general and permanent nature.
Ordinance Adoption Section
Number Date Section this Code
1-20 (Charter Ords.) App.A
1576(Res.) 6-28-55 1-5 17-16-17-20
6296 1-27-59 1-8 App. B, Art. IV,
SS 1-8
68744 10-21-63 1 App. B, Art. IV, S 2
6944 11-21-66 3 1-5
6981 6-19-67 1-7 App. B, Art. I,
SS 1-7
6982 6-19-67 1-10 App. B, Art. II,
SS 1-10
7039 1-29-68 1-11 4-46-4-56
3245(Res.) 9- 8-75 1-10 10-16-10-25
8544 2-28-77 1-19 App. B, Art. Ill,
SS 1-19
3311(Res.) 3-14-77 17-16
80-8788 4-28-80 1 2-161
80-8789 4-28-80 1 2-162
e 80-8794 4-28-80 1 ( 8-1 ) 7-1
1 (8-12) 7-16
1 (8-13) 7-17
1(8-14) 7-18
1 (8-15) 7-19
1 (8-26) 7-31
1(8-27) 7-32
1(8-28) 7-33
1(8-39)-1(8-49) 7-46-7-56
1(8-51) 7-58
1(8-54) 7-57
1 (8-62) 7-71-7-78
1(8-73)- 7-91-
1(8-84) 7-102
1(8-94) 7-116,7-117
1 (8-94, 8-95, 8-98) 7-118
1(8-96) 7-119
1(8-97) 7 -121
1(8-99) 7-120
1(8-110) 7-103
1(8-110) 7-122
1 (8-121)- 7-136-
1 (8-125) 7-140
1(8-136) 7-2
1(8-137) 7-3
1 (8-148) 7-4
e 80-8795 6-23-80 1 42-79
80-8796 7- 7-80 1 42-112
2 42-113
3 42-127
e 3495
.
SALINA CODE
Ordinance Adoption Section
Number Date Section this Code
4 42-128
6 42-142
6 42-143
7 42-167
8 42-168
9 42-172
10 42-173
11 42-187
12 42-188
13 42-202
14 42-203
80-8797 7- 7-80 1 42-434
2 42-436
80-8801 7-21-80 1 7-1
80-8814 10-27-80 1 34-34
80-8816 10-27-80 1,2 34-26
80-8818 11-10-80 1 37-18
80-8821 11-24-80 1 42-603
80-8826 12-15-80 1 42-517
2 42-518
80-8828 12-22-80 1(1.1) 36-1
1(1.2)-1(1.5) 36-3-36-6
1(1.7)-1(1.11) 36-7-36-11
1(2.1-1)- 36-26-
1 (2.1-3) 36-28
1(2.2-1)- 36-36-
1 (2.2-7) 36-42
1 (2.3-1)- 36-51-
1(2.3-8) 36-58
1(3.1)-(3.10) 36-71-36-80
1(4.1),1(4.2) 36-91, 36-92
1 (6.1,6.2) 36-2
81-8830 1-12-81 1 8-66
81-8842 3-23-81 1 42-79
81-8851 6- 8-81 1 42-216-42-226
81-8855 6-22-81 1 42-521
81-8857 6-22-81 1 42-503
81-8863 8- 3-81 1 42-60
2 42-128
3 42-143
4 42-158
5 42-173
6 42-188
7 42-203
8 42-282
9 42-302
10 42-317
11 42-332
12 42-333
13 42-657
14 42-690,42-691
81-8870 8-24-81 1 8-182
81-8871 8-24-81 1 8-183
81-8873 8-24-81 1(22-124)_ 38-151-
1 (22-130) 38-157
81-8874 9-14-81 1 42-58
81-8875 9-14-81 1 42-799
3496
e CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
81-8881 10-19-81 1,3 2-2
e 81-8882 10-19-81 1,2 29-1
81-8885 11- 2-81 1 38-41.7
38-63
81-8886 11- 2-81 1 38-41.7
38-70
81-8887 5- 3-82 1 42-403
81-8889 12- 7-81 1 13-58
e
-
e
[The next page is 3547]
3497
e STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the text or notes following
the text, of references to the state law or related matters.
Const. Section
e Article Section Subdivision this Code
12 5 App.A,
Chart. Ord. No.2,
~1
App.A,
Chart. Ord. No.9,
P(l)
App.A,
Chart. Ord. No. 10,
~1
App.A,
Chart. Ord. No. 14,
~1
App.A,
Chart. Ord. No. 17,
~1
App.A,
Chart. Ord. No. 19,
~1
App.A,
Chart. Ord. No. 20,
~ 1
12 6 3 App.A,
e Chart.Ord. No. 15,
~3
(c) App.A,
Chart. Ord. No.2,
~7
App.A,
Chart. Ord. No.9,
~4
App.A,
Chart. Ord. No. 10,
~3
App.A,
Chart. Ord. No. 19,
~4
(c)(3) App.A,
Chart. Ord. No. 13,
~4
App.A,
Chart. Ord. No. 14,
~4
App.A,
Chart. Ord. No. 1 7,
~8
App.A,
Chart. Ord. No. 20,
~3
(C) (1) App.A,
- Chart. Ord. No. 18
13 Ii App.A,
Chart. Ord. No. 13,
~ 1
e
3647
SALINA CODE
Section Section
K.S.A. this Code K.S.A. this Code
Ch.3 Ch.4(note) 12-715 42-597(a)
Ch. 3, Art. 7 4-33 42-597(c)
3-701 Ch. 4, Art. IV(note) 12-716 Ch.29,
3-705(2) Ch. 4, Art. III (note) Art.III(note)
3-707 4-51 12-716-12-721 29-40
3-709 4-56 12-725 Ch.42,
Ch.8 Ch.38 Art. VII(note)
8-237 38-5, 38-6 12-725-12-733 42-401
Ch. 8, Art. 19 38-131 12-734 Ch.15(note)
38-138(b) Ch.42,
8-1901(a) 38-131 Art. VIII (note)
8-1901(e) 38-132 42-426
8-1902 38-133 12-735 42-426
8-1903 38-134 12-824 App.B,
8-1904 38-135 Art. I, ~ 7
8-1908 38-136 App.B,
8-1909 38-137 Art. II, ~ 9
8-1910 38-138 12-825a 41-4
8-1911 38-135(d) 12-832 35-176
38-135(f) 12-833 35-177-35-179
8-1911(g) 38-133 12-856-12-868 41-1
Ch. 8, Art. 20 Ch.38 12-1001 Ch.2,
8-2012 38-7 Art. III (note)
10-120 App.A, 12-1006 Ch.2,
Chart. Ord. No.2, Art. II (note)
~5 12-1015 Ch.2,
12-101 2-1 Art. V(note)
12-107 42-806 12-11a03 App.A,
12-137 Ch.20(note) Chart. Ord. No. 17,
Ch. 12, Art. 6a 35-137 ~3
Ch. 12, Art. 7 29-21 Ch. 12, Art. 12 Ch.19(note)
12-701 Ch.29(note) 12-1215-12-1235 19-35 (6)
29-16 12-1215 19-38
Ch. 42 (note) 12-1222 Ch.19,
42-737 Art. II (note)
12-702 29-17-29-20 19-21
12-705 36-2( d) (42) 19-23-19-29
36-2(d) (63) 12-1223 19-30, 19-31
36-3 12-1224 19-32-19-34
36-7,36-8 12-1225 19-35
42-426 12-1226 19-36, 19-37
42-785 12-1227 19-1
12-705a-c 36-3 12-14a05 App.A,
12-705a 36-2(d) (63) Chart. Ord. No.8
12-705b 36-2(d) (63) 12-1501 Ch.8,
12-705c 36-2(d) (63) Art. VI,
12-707 36-2( d) (70) Div.2(note)
Ch.42(note) 12-1617 20-21
42-426 12-1617h App.A,
12-707-12-721 42-2
12-708 Ch.42, Chart. Ord. No. 17,
Art.lI(note) U
12-710 42-426 12-1675 2-161
12-712 42-26 2-162
12-714 42-597(a) 12-1679 80-18
3548
STA TUTORY REFERENCE TABLE
e Section Section
K.S.A. this Code K.S.A. this Code
12-1696 Ch.37, 13-1108--13-1114 36-3
- Art. II (note) 13-1417 14-58
37-17 13-1441 App.A,
12-1740 Ch.11 Chart. Ord. No. 17,
12-1740--12-1749 App.A, ~3
Chart. Ord. No. 14, 13-2105 2-107
92 13-2106 2-1
Ch. 12, Art. 18 35-137 13-14100 App.A,
12-1811 35-138( d) Chart. Ord. No. 17,
12-1812 35-138 (d) ~3
12-1814 35-138(d) 14-10a02 App.A,
12-1901 Ch.27(note) Chart. Ord. No. 17,
12-2001 App. B(note) ~3
App.B, 16-706 Ch.33,
Art. III, ~ 19 Art. II (note)
12-2006-14 App.B, 16-707 App.A,
Art. III, S 1 Chart. Ord. No. 11
App.B, App.A,
Art. III, ~ 18 Chart. Ord. No. 12
12-3009 8-36 App.A,
8-51 Chart. Ord. No. 19
8-66, 8-67 App.A,
8-176 Chart. Ord. No. 19,
8-281 S1
8-331 17-1301 Ch.9(note)
e 8-381 17 -2336 Ch.18(note)
14-41 17-4742 Ch. 11 (note)
12-3014, 12-3015 1-3 17-4751 App.A,
12-3014--12-3016 1-1 Chart. Ord. No.2,
12-3201 Ch.39(note) ~5
12-4101 Ch.23(note) 17-4754 App.A,
12-4112 App.A, Chart. Ord. No.2
Chart. No. 18 App.A,
App.A, Chart. Ord. No.2,
Chart. Ord. No. 18, S1
~~ 1,2 17-4756 App.A,
Ch. 12, Arts. 41--47 23-1 Chart. Ord. No.2,
13-14a02 App.A, 92
Chart. Ord. No. 17, Ch.21 Ch.25(note)
~3 21-3101 Ch.25(note)
13-14a05 App.A,
Chart. Ord. No.7 21-3205 25-2
13-14a06 App.A, 21-3301 25-3, 25-4
Chart. Ord. No.6 21-3401 Ch.25,
13-14a08 App.A, Art. III (note)
Chart. Ord. No.5 21-3408 25-41
App.A, 21-3409 25-21
Chart. Ord. No. 15 21-3412 25-42
14-436 Ch.24(note)
13-791 App.A, 21-3418 7-31
Chart. Ord. No.4 21-3501 Ch.25,
- 13-1024a App.A, Art. VII (note)
Chart. Ord. No. 13 Ch.25,
App.A, Art. VII,
Chart. Ord. No. 13, Div.2(note)
e U 21-3508 25-148
3549
SALINA CODE
Section Section
K.S.A. this Code K.S.A. this Code
21-3512 25-147 36-501 5-116(7)
25-151 5-118
25-152 5-140(13)a., b.
21-3513 25-146 Ch. 40, Art. 17 14-22, 14-23
25-150 40-1701 Ch.14,
21-3515 25-149 Art.I1(note)
21-3701 Ch.25, 40-2305 App.A,
Art. IV(note) Chart. Ord. No. 17,
25-60-25-65 P
21-3705 25-66 Ch.41 Ch.5(note)
21-3713 1-9 Ch. 41, Arts. 1-11 5-16( 4)
21-3720 25-58, 25-59 5-23
21-3721 25-56 5-36
21-3722 25-57 41-102 5-16
21-3739 3-3 41-104 5-17
21-3801 Ch.25, 41-105 5-17
Art. II (note) 41-301 Ch. 5, Art. II,
21-3807 25-22 Div.2(note)
21-3808 25-28 Ch. 5, Art. II,
21-3809 25-23, 25-24 Div.3(note)
21-3811 25-25 41-310 5-38
21-3818 25-26 41-407 5-17(a) (1)
21-3824 25-27 5-23
21-4003 5-146(8) 41-501 5-16(8)
21-4101 Ch.25, 41-712 5-18
Art. V(note) 41-713 5-19
25-81, 25-82 5-20
21-4102 25-85 41-715 5-21
21-4106 Ch.24(note) 5-124
21-4107 Ch.24(note) 41-718 5-22
21-4109 25-83 41-719 5-24
21-4110 25-84 App.A,
21-4113 25-43 Chart. Ord. No. 14
21-4201 Ch.25, App.A,
Art. VI(note) Chart. Ord. No. 14,
Ch.25, ~1
Art. VI, 41-803 5-26
Div.2(note) 5-119(a) (1), (3), (4)
25-116 41-804 5-23
21-4212 25-101 41-805 5-120
21-4213 25-6 41-1103 5-17(a) (1)
21-4301 Ch.25, Ch. 41, Art. 26 5-16(12)
Art~ VII (note) 5-17(a) (7)
Ch. 25, Art. VII, 5-26
Div.3(note) 5-146(2)
21-4302 Ch. 25, Art. VII, 41-2601 Ch.5,
Div.4(note) Art. IV(note)
Ch.25 Ch.12(note) 5-116-5-118
Ch. 27, Art. 3 4-16 41-2602 5-119
4-18 41-2603 5-119
27-315 Ch.4, 41-2604 5-120
Art. II (note) 41-2610 5-121
Ch.31 Ch.14(note) 5-146(5)
Ch.35 38-58 41-2611 5-146
85-107 1-14 41-2612 5-144
3550
STATUTORY REFERENCE TABLE
e Section Section
K.S.A. this Code K.S.A. this Code
41-2613 5-122 65-205 Ch.17,
e 41-2614 5-123 Art. Il(note)
41-2615 5-124 68-2231 Ch.3(note)
41-2619 5-125 Ch. 8, Art. XI(note)
41-2620 5-136 74-4920 App.A,
41-2622 5-139 Chart. Ord. No. 17,
41-2623 5-140 P
41-2627 5-142 74-4967 App.A,
Ch. 41, Art. 27 5-102(2) Chart. Ord. No. 17,
41-2701 Ch.5, ~3
Art. III (note) 75-1120(a) App.A,
5-66 Chart. Ord. No. 20
41-2702 Ch. 5, Art. Ill, 75-1211 Ch.22(note)
Div.2(note) 75-1226--75-1232 22-17 (a)
5-92, 5-93 77-201 1-2
App.A, 78-111 2-66
Chart. Ord. No. 10 Ch. 79, Art. 50 App.A,
App.A, Chart. Ord. No. 17,
Chart. Ord. No. 10, ~3
~1 79-1951 App.A,
41-2703 5-94 Chart. Ord. No.1
5-96 App.A,
41-2704 5-67 Chart. Ord. No.3
5-69-5-72 App.A,
41-2706 5-81(b) (2) Chart. Ord. No.9
e 41-2708 5-102-5-104 79-3608 App.A,
Ch. 44, Art. 10 5-146(8) Chart. Ord. No. 19,
44-1001 Ch.13(note) ~1
44-1003 Ch.13, 79-3837 5-81 (f)
Art. Il(note) 5-81(g) (2)
Ch.48 Ch.10(note) 79-5001-79-5016 App.A,
48-904 Ch.10(note) Chart. Ord. No. 17,
48-929 10-17 ~2
50-619 Ch.33, 79-5011 App.A,
Art. III (note) Chart. Ord. No. 16
Ch.55 Ch.26(note) App.A,
Ch. 58, Art. 10 32-1 Chart. Ord. No. 17
58-2001 36-92(a) (7) App.A,
Chart. Ord. No. 17,
Ch.65 Ch.17(note) p
Ch. 65, Art. 6 Ch.16(note) 80-1502 14-1(a)
-
e
[The next page is 3577]
3551
-
e
e
e
-
e
A
ABANDONED ARTICLES
Nuisances enumerated and prohibited
ABANDONED ICEBOXES, OTHER
CONTAINERS
Procedure for abandonment . . . . . . . .
ABANDONED VEHICLES
Inoperable vehicles on roadway
See: TRAFFIC
ACCIDENTS
Indemnification and liability
See: INDEMNIFICATION
ACCOUNTANTS
Home occupations regulated
See: ZONING
ACROBATIC SHOWS
Carnival shows ...................
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
ADMINISTRATION
Administrative departments . . . . . . . .
See: DEPARTMENTS AND OTH-
ER AGENCIES OF CITY
Board of commissioners ...........
See: BOARD OF COMMISSION-
ERS
Boards and commissions ..........
See: BOARDS, COMMITTEES
AND COMMISSIONS
City manager ....................
See: CITY MANAGER
Generally ................
See also specific subjects
Officers and employees . . . . . . . . . .
See: OFFICERS AND EMPLOY-
EES
ADMINISTRA TIVE PROCEEDINGS
Indemnification and liability .......
See: INDEMNIFICATION
ADVERTISING
Going-out-of-business sales ........
See: GOING-OUT-OF-BUSINESS
SALES
Handbills, circulars and similar ad-
vertising matter
Distributing; placing on or in
motor vehicles ..............
Throwing, scattering on private
property ...................
Lawfully posted advertising
Damaging, defacing, etc. ........
Loudspeakers and sound trucks
Licenses, required . . . . . . . . . . . . . . .
Prohibited hours of operation ....
CODE INDEX
Section
24-2
25-101
38-81 et seq.
2-76 et seq.
42-60
6-16 et seq.
2-96 et seq.
2-21 et seq.
2-136 et seq.
2-36 et seq.
2-1 et seq.
2-51 et seq.
2-76 et seq.
32-16 et seq.
3-1
3-2
3-4
3-5
3-6
ADVERTISING-Cont'd.
Offering animals as prizes or busi-
ness inducements .............
Sign code adopted . . . . . . . . . . . . . . . . .
See: SIGN CODE
Temporary uses ..................
See: ZONING
Utility poles, public or private prop-
erty
Posting advertising, etc., on .....
Zoning requirements for signs. See:
ZONING
ADVISORY BOARDS. See: BOARDS,
COMMITTEES AND COMMIS-
SIONS
AGENCIES OF CITY. See: DEPART-
MENTS AND OTHER AGEN-
CIES OF CITY
AGING PERSONS
Equal opportunity, affirmative ac-
tion policy . . . . . . . . . . . . . . . . . . . .
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
AGREEMENTS. See: CONTRACTS
AND AGREEMENTS
AIDING AND ABETTING
Commission of an offense, in
See: OFFENSES
AIR CONDITIONING
Permits, water conservation, etc.
See: WATER AND SEWERS
AIR POLLUTION
Emergency proclamation ........
See: CIVIL EMERGENCIES AND
DISASTERS
Nuisances enumerated and prohibited
AIR RAIDS
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
AIR RIFLES
Nonpowder propelled guns ........
Weapons in general. See: FIRE-
ARMS AND WEAPONS
AIRPORTS AND AIRCRAFT
Airport authority
Board of directors ..............
Created ........................
Rules and regulations ...........
Statutes, authority subject to ....
Airport zoning
Abandoned or destroyed uses
Nonconformance ..............
3577
Section
7-73
8-381 et seq.
42-59
3-3
13-1 et seq.
25-2
41-51 et seq.
10-39 et seq.
24-2
10-39 et seq.
25-120
4-17
4-16
4-19
4-18
4-52(c)
AIRPORTS AND AIRCRAFT-Cont'd.
Airport elevation, defined . . . . . .
Airport hazard, defined
Airport reference point, defined
Appeals . . . . . . . . . . .
Board of adjustment ........
Appeals . . . . . . . . . .
Judicial review
Defined . . . . . . . . . .
Judicial review
Conical zone
Described
Height limits
Definitions
Enforcement
Excepted height limits ..........
Hazard marking and lighting
Permits
Height, defined
Height limitations ..............
Excepted height limitations
More restrictive limitations to
prevail, when ............
Horizontal zone
Described
Height limits .'
Instrument approach zone
Described
Height limits ........
Instrument runway, defined . . . . .
Judicial review ................
Landing area, defined
Marking and lighting, as to . . . . . .
Nonconforming uses
Defined
Noninstrument approach zone
Described . . . . . . . . . . .
Height limits ..............
Noninstrument runway, defined
Permits . . . . . . . . . . . . . . .
Enforcement . .
Existing uses ................
Future uses ..................
Hazard marking and lighting ..
Nonconforming uses abandoned
or destroyed ..............
Variances ...................
Person, defined .................
Runway, defined ................
Salina municipal airport, defined . .
Short title .....................
Structure, defined ..............
Transition zones
Described ....................
Height limits .................
Tree, defined ...................
Use restrictions . . . . . . . . . . . . . . . . .
SALINA CODE
Section
4-47 (2)
4-47 (3)
4-47(4)
4-55
4-54
4-55
4-56
4-47(5)
4-56
4-48(6)
4-49(5)
4-47
4-53
4-49(a) (6)
4-52( e)
4-47 (6)
4-49
4-49(a) (6)
4-49(b)
4-48(5)
4-49(4)
4-48(1)
4-49(a) (1)
4-47(7)
4-56
4-47 (8)
4-51(b)
4-51
4-47(9)
4-48(2)
4-49(a) (2)
4-47 (10)
4-52
4-53
4-52(b)
4-52(a)
4-52(e)
4-52(c)
4-52( d)
4-47 (11)
4-47 (12)
4-47(1)
4-46
4-47(13)
4-48( 4)
4-49(3)
4-47 (14)
4-50
AIRPORTS AND AIRCRAFT-Cont'd.
Variances
Enforcement. . . . . . . . . . . .
Board of adjustment to hear and
decide . . . . . . . . . . . . . . . . . .
Permits . . . . . . . . . . . . . . . . . . .
VFR approach zone, described . . . .
Zones established and described ..
Airport zoning commission
Created . . . . . . . . . . . . . . . .
Duties . . . . . . . . . . . . . . . . . . . .
Membership
Board of adjustment. See herein:
Airport Zoning
Electrical interference with radio
communications
Glare, lights causing
Marking and lighting
Nonconforming uses ..
Police power extended over airport . .
Visibility of aircraft operator, im-
pairing . . . . . . . . . . . . . . . . . . . . . . .
AIRTIGHT CONTAINERS
Abandoned iceboxes, other containers
ALARMS
False calls and reports to police . . . .
False fire alarms . . . . . . . . . . . . . . . . . .
ALCOHOLIC BEVERAGES (Alcoholic
liquor)
Children. See herein: Minors
Consumption in public places
Charter ordinance No. 14
See: CHARTER ORDINANCES
Salina bicentennial center . . . . . . . .
Definitions .......................
Distributor's licenses
Distributor's license tax levied ..
State distributor's license prerequi-
site to city license ..........
Violations, penalties ............
Employees
Employment of certain persons
prohibited ...........
Entertainment in food establishments
Exceptions . . . . . . . . . . . . . . . . . . . .
General prohibition ...............
Minors
Employment . . . . . . . . . . . . . . . . . . . .
Unlawful acts by ...............
Mixing drinks
Retailer's premises .... . . . . . . . . . .
Open saloons .....................
Original packages
Sale required only in ............
Poolroom and billiard hall conduct . .
3578
Section
4-53
4-54
4-52(d)
4-48(3)
4-48
4-31
4-33
4-32
4-50
4-50
4-51 (b)
4-1
4-50
25-101
25-26
25-84
5-24
5-25
5-16
5-52
5-51
5-53
5-20
6-77
5-17
5-17
5-20
5-21
5-19
5-26
5-22
6-158
e
e
e
-
e
ALCOHOLIC BEVERAGES (Alcoholic
liquor)-Cont'd.
Possession, transportation regulated
Retail dealers
Employment of certain persons
prohibited ..................
Retail sales
Days and hours..............
Retailer's licenses
City retailer's license
Penalty for failure to have
State retailer's license prerequi-
site to ...................
State retailer's licenses
Prerequisite to city license .. . . .
Required .....................
Tax levied .....................
Retailer's premises
Mixing drinks on . . . . . . . . . . . . . . . .
Salina bicentennial center
Consumption in ................
Taxicabs transporting liquor, etc. ..
Transportation ...................
ALCOHOLIC BEVERAGES (Cereal
malt beverages)
Act as grounds for revocation, com-
mitting ......................
Alcoholic liquor
Possession of alcoholic liquor on
premises ..................
Brewers, manufacturers, etc.
Restrictions regarding . . . . . . . . . . .
Cereal malt beverage licenses
Charter ordinance No. 10
See: CHARTER ORDINANCES
Consumption in public places
Charter ordinance No. 14
See: CHARTER ORDINANCES
Definitions .......................
Disorderly conduct ................
Distributors, wholesalers, etc.
Restrictions regarding ..........
State license required . . . . . . . . . . . .
Employees
Licensee responsible for acts of ..
General cleanliness and sanitation of
premises .............. . . . . . .
Hours, days of sale and consumption
Inspection of premises ............
Intoxication ......................
Licensee
Responsible for acts of employees
Loitering
Persons under age ..............
Minors
Furnishing to minor under 18 ....
Loitering ......................
Misrepresenting age ............
Place of business open to police and
public .......................
CODE INDEX
Section
5-23
5-20
5-18
5-39
5-37
5-37
5-36
5-38
5-19
5-25
40-70
5-23(1)
5-74
5-70
5-81
5-66
5-75
5-81
5-80
5-76
5-77
5-67
5-78
5-75
5-76
5-73
5-71
5-73
5-72
5-69
3579
ALCOHOLIC BEVERAGES (Cereal
malt beverages)-Cont'd.
Police, premises to be open to . . . . . .
Public intoxication ................
Public streets, consuming on .......
Retailer's license
Applications ....................
Acceptance of regulations, con-
stitutes ..................
Journal to show action on .....
Contents .......................
Examinations . . . . . . . . . . . . . . . . . . .
Fees .......................
Investigations ..................
Issuance .......................
Persons not entitled to ..........
Posting .............. . . . . . . . . .
Prohibited in prohibited zones ..
Required . . . . . . . . . . . . .
Revocation
Appeals . . . . . . . . . . . . .
Committing act that is grounds
for ......................
Notice, grounds. . . . . . . . . . . . . . .
Relicensing after . . . . . . . . . . . . . .
Transferability .................
Zone requirements ..............
Samples of product for analysis ...
Wholesalers, distributors
State licenses required ..........
ALCOHOLIC BEVERAGES (Private
clubs)
Alcoholic liquor
Defined ........................
Beneficial interest, defined ........
Class A clubs . . . . . . . . . . . . . . . . . . . . .
Class B clubs ....................
Club, defined . . . . . . . . . . . . . . . . . .
Definitions .......................
Food, defined ....................
Hours of operation ................
Inspections
Right of inspection by city ......
Licenses
Applications ....................
Application to one premises ...
Contents .......................
Issuance
Restrictions barring issuance ..
Posting ........................
Required .......................
State license required . . . . . . . . . . . .
Suspension or revocation ........
Tax levied . . . . . . . . . . . . . . . . . . . . . .
Transferability .................
Liquor
Consumption authorized ........
Section
5-69
25-83
5-68
5-92
5-98
5-97
5-101
5-96
5-93
5-96
5-96
5-94
5-100
5-95
5-91
5-103
5-74
5-102
5-104
5-99
5-95
5-79
5-80
5-116(1)
5-116(2)
5-117
5-118
5-116(3)
5-116
5-116(4)
5-123
5-122
5-137
5-142
5-145
5-140
5-144
5-136
5-138
5-146
5-139
5-143
5-119
ALCOHOLIC BEVERAGES (Private
clubs) -Cont' d.
Minors
Consumption prohibited .........
Defined .......................
Nonlicensed clubs, search of ......
Original package, defined .........
Regulations governing licensees ....
Restaurant, defined ...............
Sale, defined .....................
Search of nonlicensed clubs ........
"To sell", defined ................
Violations on property
Responsibility, abatement
ALLEYS
Fences, walls, hedges, etc. ........
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
Street defined re
Public ways in general. See:
STREETS AND SIDE-
WALKS
Subdivision regulations ............
See: SUBDIVISIONS
AMUSEMENTS AND ENTERTAIN-
MENT
Arcades. . . . . . . . . . . . . . . . . . . . . . .
See: ARCADES
Billiards and pool tables ..........
See: BILLIARDS AND POOL
TABLES
Carnivals, circuses and tent shows . .
See : CARNIVALS, CIRCUSES
AND TENT SHOWS
Food establishments, entertainment
in ...................
See: FOOD AND FOOD SERV-
ICES
Licensing of amusements
Generally ......................
Loitering or trespassing in certain
places .......................
Music machines . . . . . . . .
See: MUSIC MACHINES
Public dances . . . . . . . . . . . . . . . .
See: DANCING AND DANCE
HALLS
ANIMAL HOSPITALS
Stables, kennnels and animal hos-
pitals
Home occupations regulated . . . . . .
See: ZONING
ANIMALS AND FOWL
Abandoning animals ..............
Administration. See herein specific
subjects
Adoption of animals
Procedure, fees, etc. ............
SALINA CODE
Section
5-124
5-116(5)
5-125
5-116(6)
5-121
5-116(7)
5-116(8)
5-125
5-116(9)
5-120
8-401 et seq.
1-2(23)
36-1 et seq.
6-106 et seq.
6-156 et seq.
6-16 et seq.
6-76 et seq.
6-1
25-86
6-131 et seq.
6-46 et seq.
42-60
7-46
7-140
NIMALS AND FOW~Cont'd.
Animal, defined ..................
Animal hospital, defined ..........
Animal protection responsibilities of
all persons
Birds, killing or molesting .......
Chick, baby rabbits, etc.
Coloring and selling ..........
Cruelty, generally ..............
See also herein: Responsibilities
of Persons Owning Animals
Motor vehicles striking animals,
reports . . . . . . . . . . . . . .
Offering animals as prizes or busi-
ness inducements ..........
Poison, exposing to animals . . . . . .
Retention of animals unlawful ...
Selling of certain animals pro-
hibited . . . . . . . . . . . . . . . .
Spring steel traps restricted ....
Animal shelter
Defined ........................
Impoundment of animals ..
See herein: Impoundment
Automobiles
Leaving unattended animals in
Bees, keeping ....................
Birds, killing or molesting ........
Bull fights, bear-baiting, etc. ......
Cat
Adoption of animals, procedure
and fees ............ ~ . . . . . .
Defined ........................
Impoundment ..................
See herein: Impoundment
Registration of dogs and cats ....
See herein: Registration of Cats
and Dogs
Sick or injured, emergency treat-
ment ......................
Cats and dogs
Annual registration ............
Dogs trained to assist blind or
deaf
Exemptions from provisions
Feces, excreta, etc.
Removal and disposal .........
Public buildings, animals in .....
Rabies vaccination
Domestic animals, generally ..
Seeing-eye dogs
Animals in public buildings ....
Catterie
Defined ........................
Chicken coop, location ............
Chief of police
Defined . . . . . . . . . . . . . . . . . . . . . .
Enforcement procedure ..........
3580
Section
7-1(1)
7-1(2)
7-77
7-74
7-71
7-72
7-73
7-75
7-78
7-74
7-76
7-1(3)
7 -136 et seq.
7-46(a) (3)
7-34
7-77
7-71
7 -140
7 -1 (4)
7 -136 et seq.
7 -91 et seq.
7-3
7-53
7-55
7-56
7-55
7-54
7-55
7-1(5)
7-33
7-1 (6)
7-19
e
e
e
-
e
ANIMALS AND FOWL-Cont'd.
City-county board of health . . . . . .
See: HEALTH AND SANITA-
TION
City manager
Animals, administrative duties
Cock fight, permitting ........
Commercial animal establishment
Defined ........................
Licensing
Applications .. . . . . . , . . . . . . . .
Denial . . , . , . . , , . ,
Expiration
Fees, exemptions
Procedure ...,..,..
Reinstatement
Renewal """""
Required ,.,..,.,'.".",'..
Revocation
Transferability
Cruelty to animals
Animal protection responsibility of
all persons '....,'...,..,...
Persons owning animals, responsi-
bilities
Dangerous animals. See herein: Vi-
cious, Dangerous Animals
Dead animals
Removal and disposal
Definitions ,'..,... , . . . . . . . ,
Diseases, duties of health officer
Dog fight, permitting
Dogs
Adoption of animals, procedure
and fees . , . , , , . , . . , ,
Defined , . . . . , . , . . .
Impoundment """""'"
See herein: Impoundment
Registration of cats and dogs
See herein: Registration of Cats
and Dogs
Sick or injured, emergency treat-
ment
Dwellings
Location of yard housing for ani-
mals """""""""
Emergency treatment, when ..,
Enforcement. See also herein specific
subjects
Procedure for enforcement
Euthanizing
Required, when ..",.....
Female cats
Adoption of animals, procedure and
fees .,',..,................
Fighting of animals ..............
Fowl, defined ....,...............
Health officer
Defined ................,.......
Duties .........".,.....".....
CODE INDEX
Section
17-16 et seq.
7-16
7-71
7-1(7)
7-117
7-122
7-121
7-118
7-119
7-122
7-121
7-116
7-122
7-120
7-71
7 -46 et seq.
7-2
7-1
7-18
7-71
7-140
7-1(8)
7-136 et seq.
7 -91 et seq.
7-3
7-38
7-3
7-19
7-46
7-140
7-71
7-1(9)
7-1(10)
7-18
ANIMALS AND FOWL-Cont'd.
Enforcement procedure ....",,'.
Specific duties. See elsewhere here-
in specific subjects
Hobby breeder
Defined """"""'"
Home occupations regulated
See: ZONING
Licenses
See herein: Registration of Cats
and Dogs
Household, defined
Human live animal trap
Defined ..""..
Humane officer, defined
Humanely euthanize, defined
Impoundment
Adoption of animals
Procedures and fees ..,.,...,.
Animal care requirements
Notification of capture and im-
poundment , . . . . . , , , . . , .
Period for holding animals
Recovery of animals
Procedures and fees
Violations
Owner of impounded animal may
be processed, etc. ..,.....
Inhumane or cruel treatment or man-
ner
Defined , , , . . . . . , , , . , . . , . . , . .
Kennel, defined
Killing, beating, cruel treatment
Killing or molesting birds
Large animal, defined
Licenses
Cats and dogs. See herein: Cats
and Dogs
Commercial animal establishments
See herein: Commercial Animal
Establishments
Motor vehicles striking animals
Reporting """"""
Neutered, defined ..
Noises
Nuisances enumerated and pro-
hibited , . . , , . . , . .
Overloading, overworking ......"
Own or owner, defined ....',
Owning animals, restrictions on
Bees, keeping ,.,'...,...,...,
Number of animals owned
Limitations, exemptions ..., ..
Prohibited owning; exemptions
Responsibilities of persons owning
animals . . . . . , . . . , . . . . . .
See herein: Responsibilities of
Persons Owning Animals
Yard housing for animals, locatiuD
3581
Section
7-19
7-1(11)
42-60
7-102
7 -1 (12)
7-1(13)
7-1(14)
7-1(15)
7-140
7-46
7-136
7-138
7-139
7-137
7-1(16)
7-1(17)
7-71
7-77
7-1(18)
7-116 et seq.
7-72
7-1(19)
24-2
7-71
7-1(20)
7-34
7-32
7-31
7-46 et seq.
7-33
ANIMALS AND FOWL-Cont'd.
Parks, animals prohibited in
Permits
Beekeeping permits
Pests
Health officer, duties
Pet shops, grooming shops, etc.
Commercial animal establishment
Defined
Pigeon cote, location
Poison, exposing to animals
Police department
Duties
Enforcement procedure
Premises, defined
Proper tattoo, defined
Protection. See also herein: Animal
Protection Responsibility of All
Persons
Responsibilities of persons owning
animals
Rabbit hutch, location
Rabies vaccination of cats and dogs
Collar and tag to be worn by ani-
mal
Health officer, duties
Procedure for adopting animals
Registration of cats and dogs
Certificates
Receipt constitutes certificate of
registry
Denial, revocation, reinstatement
Exemptions
Fees, exemptions
Hobby breeders, licenses
Household head, registered in name
of
Licenses
Denial, revocation, reinstate-
ments
Hobby breeders
Issuance
Procedure
Records
Duplicate records, city clerk to
provide . . . . . . . .
Maintenance . . . . . . . . . . . .
Registry certificates
City clerk to maintain file of
Required ..............
Supervisor
City clerk to provide duplicate
records to ................
Tags
Veterinarians
Registration assistance by
Registration tag, defined ...
SALINA CODE
Section
27-17
7-34
7-18
7-1(7)
7-33
7-75
7-17
7-19
7-1(21)
7-1(22)
7 -46 et seq.
7-33
7-54
7-47
7-18
7 -140
7-96
7 -103
7 -92, 7-93
7-93
7-102
7-97
7-103
7-102
7-95
7-94
7-99
7-101
7-100
7-100
7-91
7-101
7-98
7-99
7-1(23)
ANIMALS AND FOWL-Cont'd.
Responsibilities of persons owning
animals
Animal bites
Owner to meet requirements for
reporting
Animal care requirements . .
Animal cruelty, prevention and
prohibition .................
Animal yard structures and pens
Proper maintenance ........
Barking, howling, mewing, etc.
Cats and dogs
Proper identification required
Cats and dogs in heat
Proper confinement ..
Damaging public or private prop-
erty . . . . . .. .
Excessive animal noise
Excrement, feces deposits, etc.
Guard dogs
Posting of premises
Special registration ........
Health or well being of persons
Conditions threatening or en-
dangering
Molesting, attacking, injuring per-
sons, etc. ..................
Nuisance animals ..........
Running at large
Scattering bagged refuse
Retention of animals unlawfully
Sick or injured cats and dogs
Emergency treatment
Small animal, defined
Spring steel traps
Summons, defined
Supervisor, defined
Tormenting
Trapping
Humane live animal trap, defined
Vicious, dangerous animals
Limitations on keeping
Violations
Health officer, police officers, etc.
Enforcement procedures ......
Penalties . . . . . . . . . . . .
Summons, defined .......
Wild animal
Defined ........................
Vicious or dangerous animals,
keeping
Zoning
Limitation on numbers of animals
owned ................
Zoonosis control
Health officer, duties
3582
Section
7-57
7-46
7-46
7-58
7-50
7-47
7-51
7-49
7-50
7-49
7-52
7-52
7-49
7-49
7-49
7-48
7-49
7-78
7-3
7-1(24)
7-76
7-1(25)
7-1(26)
7-71
7-1(13)
7-31 et seq.
7-19
7-4
7-1(25)
7 -1 (27)
7-31
7-32
7-18
e
e
e
-
e
ANNEXED LAND
Certain provisions saved from repeal
Zoning . . . . . . . . . . .
See: ZONING
ANNOYING VIBRATIONS, ETC.
Nuisances enumerated and prohibited
APIARY
Keeping of bees ...
APPEALS
Cereal malt beverage license revo-
cation . . . . . . . .
See: ALCOHOLIC BEVERAGES
Flood prevention and control ap-
peals . . . . . . . . . . . . . . . .
Housing advisory and appeals board
See: HOUSING
Uniform building board of appeals. .
See: BUILDING CODE
APPOINTIVE PERSONNEL. See:
OFFICERS AND EMPLOYEES
APPRENTICE ELECTRICIAN
Electrical mechanics ..........
See: ELECTRICAL MECHANICS
APPROPRIA TIONS, ORDINANCES,
ETC.
Certain provisions saved from repeal
ARCADES
Defined ..........................
Licenses
Fees.. ......... ........... .. ...
Forms .........................
Issuance .......................
Required .......................
Revocation .....................
Music machine licenses ...........
See: MUSIC MACHINES
ARCHITECTS
Home occupations regulated
See: ZONING
ARRESTS
Resisting an officer
ARTERIAL STREETS
Subdivision regulations .... . . . . . . . .
See: SUBDIVISIONS
ARTISTS
Home occupations regulated
See: ZONING
ARTS COMMISSION
Appointment .....................
Bylaws, rules, adoption ...........
Commissions, etc., other. See:
BOARDS, COMMITTEES AND
COMMISSIONS
CODE INDEX
Section
1-5
42-7
24-2
7-34
5-103
15-21
18-41 et seq.
8-38
8-131 et seq.
1-5
6-106
6-117
6-118
6-118
6-116
6-119
6-141 et seq.
42-60
25-28
36-1 et seq.
42-60
2-145
2-146
ARTS COMMISSION-Cont'd.
Established . . . . . . . . .
Membership . . . . . . . . . .
Organization ..............
Powers and general duties ........
Terms of members ................
ASSAULT
Assaulting an officer
Committing ..........
ASSEMBLIES
Loitering, etc., on school grounds
Persons spitting on floors, etc.
Unlawful assemblies
ASSESSMENTS
Certain provisions saved from repeal
Nuisance abatement costs ..
Snow and ice removal
Transient guest tax ..........
See: TRANSIENT GUEST TAX
ASSOCIA TIONS
Person defined re
ASTROLOGISTS
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
A THLETIC EVENTS
Loitering or trespassing on certain
places .......................
ATOMIC BOMB ATTACK
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
ATTEMPT
Attempt to commit an offense
See also: OFFENSES
ATTORNEY FOR CITY. See: CITY
ATTORNEY
ATTORNEYS
Bail bondsmen representing
See: BONDSMEN
AUCTIONS AND AUCTIONEERS
Going-out-of-business sales .......
See: GOING-OUT-OF-BUSINESS
SALES
Licensing of . . . . . . . . . . . . . . . . . . . .
New goods, auction of . . . . . . . . . . . . .
AUDITORIUMS
Assembly regulations. See: ASSEM-
BLIES
Salina bicentennial center, consump-
tion of alcohol in . . . . . . . . . . . . . .
See: SALINA BICENTENNIAL
CENTER
3583
Section
2-144
2-145
2-146
2-147
2-145
25-21
25-41
25-86
25-5
25-85
1-5
24-9
35-254
37-16 et seq.
1-2(16)
6-2
25-86
10-39 et seq.
25-3
23-16 et seq.
32-16 et seq.
7.5-1
32-1
5-25
AUTHORS
Home occupations regulated
See: ZONING
AUTO GRAVEYARDS
Junkyards, etc. ...................
See: JUNK AND JUNK DEAL-
ERS
AUTO REPAIR SERVICE
Home occupations regulated
See: ZONING
AUTOMOBILE RENTALS
Home occupations regulated
See: ZONING
AUTOMOBILES. See also: MOTOR
VEHICLES AND OTHER VE-
HICLES
Taking, using property of another
temporarily ..................
Unattended animals left in ........
AVENUES
Street defined re .................
Public ways in general. See:
STREETS AND SIDEWALKS
AWARDS
Offering animals as prizes or busi-
ness inducements .............
B
BABY ANIMALS
Selling dyed or colored animals
BAD CHECKS
Obtaining property, etc., by false
pretenses ....................
BAIL BONDSMEN. See: BONDSMEN
BAND
Charter ordinance No.8
See: CHARTER ORDINANCES
BANKRUPT SALES
Going-out-of-business sales ........
See: GOlNG-OUT-OF-BUSINESS
SALES
BANKS
Equal opportunity, affirmative ac-
tion policy . . . . . . . . . . . . .
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
BARBED WIRE FENCES
Fences, walls, hedges, etc. .........
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
SALINA CODE
Section
42-60
33-36 et seq.
42-60
42-60
25-66
7-46(a) (3)
1-2(23)
7-73
7-74
25-62
32-16 et seq.
13-1 et seq.
8-401 et seq.
BARBED WIRE FENCES-Cont'd.
Fencing of petroleum storage facili-
ties. . . . . . . .. . . . .. . . . ... .. ... .
See: OIL AND GAS
BARBERSHOPS
Home occupations regulated
See: ZONING
BARNS
Proper maintenance of animal en-
closures ......................
BARRICADES AND WARNING
LIGHTS
Obstructions, excavations, other mat-
ters relative to street construc-
tion, etc. See: STREETS AND
SIDEW ALKS
BARS AND SALOONS
Alcoholic beverage regulations
See: ALCOHOLIC BEVERAGES
Entertainment in food establishments
See: FOOD AND FOOD SERV-
ICES
BASEMENTS
Demolition, removal, or relocation of
buildings ........ . . . . . . . . . . . . .
See: BUILDING CODE
Housing code requirements ........
See: HOUSING
BATHROOMS
Housing code requirements
See: HOUSING
BATTERY
Committing
BB GUNS
Nonpowder propelled guns ........
Weapons in general. See: FIRE-
ARMS AND WEAPONS
Offenses re ......................
See: FIREARMS AND WEAPONS
BEAUTY SHOPS
Home occupations regulated
See: ZONING
BEER PARLORS
Alcoholic liquor regulations . . . . . . . .
Cereal malt beverages, etc. ........
See: ALCOHOLIC BEVERAGES
Entertainment in food establishments
See: FOOD AND FOOD SERV-
ICES
Intoxication and disorderly conduct
BEES
Keeping . . . . . . . . . . . . . . . . . . . . . . . . . .
3584
Section
26-4
42-60
7-58
5-16 et seq.
6-76 et seq.
8-351 et seq.
18-1 et seq.
18-1 et seq.
25-42
25-120
25-121
42-60
5-16 et seq.
5-66 et seq.
6-76 et seq.
5-75
7-34
e
e
e
-
e
BELL TELEPHONE
Franchises, Art. IV of App. B
BENCH MARKS
Established ......... . . . . . . . .
Surveys, etc. See: SURVEYS, MAPS
AND PLATS
BENEFITS
Firemen's relief association ........
See: FIREMEN'S RELIEF ASSO-
CIATION
BETTING. See: GAMBLING
BICENTENNIAL CENTER. See: SA-
LINA BICENTENNIAL CENTER
BICYCLES
Traffic regulations
See: TRAFFIC
BIGOTRY, PREJUDICE, ETC.
Equal opportunity, affirmative ac-
tion policy ....
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
BILLBOARDS
Zoning requirements for signs. See:
ZONING
BILLIARDS AND POOL TABLES
Age of players ...........
Alcoholic liquor, permitting
Arcades . . . . . . . . .
See: ARCADES
Connecting rooms
Gambling or disorder, permitting
Licenses
Applications
Fees.. .... ..
Required
Revocation ................
Suspension . . . . . . . . .
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
Minors .. . . . . . .
Profane, indecent language
Riotous, disorderly conduct ........
BIRDS
Killing or molesting .............
Cruelty to animals in general. See:
ANIMALS AND FOWL
BLACK RACE
Equal opportunity, affirmative action
policy . . . . . . . . .
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
CODE INDEX
Section
35-21
14-17 et seq.
38-1 et seq.
13-1 et seq.
6-156
6-158
6-106 et seq.
6-159
6-158
6-167
6-168
6-166
6-170
6-169
6-1
6-156
6-157
6-157
7-77
13-1 et seq.
BLANK CARTRIDGES
Certain fireworks exceptions
BLIGHT
Inoperable vehicles on roadway
See: TRAFFIC
BLIGHTED AREAS
Housing code requirements
See: HOUSING
BLIND OR DEAF PERSONS
Dogs trained to assist in public build-
ings
Handicapped persons, other. See:
HANDICAPPED PERSONS
Impersonating a blind person
BLOCKS
Subdivision regulations
See: SUBDIVISIONS
BOARD OF COMMISSIONERS
Action on zoning amendments
See: ZONING
City manager plan of government,
adoption .....................
Code references to departments,
boards, etc., construed ........
Definitions .......................
Delegation of authority construed ..
Elections . . . . . . . . . . . . . . . .
See: ELECTIONS
Equal opportunity, affirmative ac-
tion policy
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
Indemnification and liability provi-
sions . .. . .. . .. ... . .. . .. .. ..
See: INDEMNIFICATION
Joint authority construed
Journal of commission actions
Retail license application to be
shown . . . . . . . . . . . . . . . . . . .
Section
14-56
38-81 et seq.
18-1 et seq.
7-55
38-25
36-1 et seq.
42-26
2-36
1-2
1-2(1)
1-2(6)
12-1 et seq.
13-1 et seq.
2-76 et seq.
1-2(9)
5-97
BOARDINGHOUSES
Food service provisions reserved .. Chap. 16(Notes)
BOARDS, COMMITTEES, AND COM-
MISSIONS
Airport authority ..........
See: AIRPORTS AND AIRCRAFT
Airport zoning commission ........
See: AIRPORTS AND AIRCRAFT
Arts commission
See: ARTS COMMISSION
Board of adjustment
Airport board of adjustment
See: AIRPORTS AND AIR-
CRAFT
3585
4-16 et seq.
4-31 et seq.
2-144 et seq.
4-54
BOARDS, COMMITTEES AND COM-
MISSIONS-Cont'd.
Board of appeals
Uniform building code board of
appeals . . . . . . . . . . .
See: BUILDING CODE
Board of directors
Airport authority
See: AIRPORTS AND AIR-
CRAFT
Board of examiners for electrical
mechanics
See: ELECTRICAL MECHANICS
Board of zoning appeals
See: ZONING
Building code advisory board
See: BUILDING CODE ADVI-
SORY BOARD
City-county board of health
See: HEALTH AND SANITA-
TION
City-county emergency preparedness
board
See: CITY-COUNTY EMER-
GENCY PREPAREDNESS
BOARD
City manager plan of government,
adoption
City planning commission
Code references to departments,
boards, etc., construed
Convention and tourism committee
See: TRANSIENT GUEST TAX
Delegation of authority construed
Electrical board of examiners
See: ELECTRICAL BOARD OF
EXAMINERS
Evaluation committee for equal op-
portunity, affirmative action
Equal opportunity in general. See:
EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
Firemen's relief association ..
See: FIREMEN'S RELIEF ASSO-
CIATION
Heritage commission
See: ZONING
Housing advisory and appeals board
See: HOUSING
Joint authority construed
Mobile home craftsman board of
examiners ....................
See: MOBILE HOMES AND
TRAILERS
North central regional planning com-
mission
See: PLANNING
Plumbers board of appeals
See : PLUMBERS
SALINA CODE
Section
8-38
4-17
8-133
42-597
8-16 et seq.
17-16 et seq.
10-16
2-36
29-16 et seq.
1-2
37-18
1-2(6)
8-96 et seq.
13-76
14-17 et seq.
42-471 et seq.
18-41 et seq.
1-2(9)
22-55 et seq.
29-36 et seq.
8-226 et seq.
BOARDS, COMMITTEES AND COM-
MISSIONS-Cont'd.
Plumbers board of examiners
See: PLUMBERS
BOMB RAIDS
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
BONDS
Advertising sign business .........
Building moving operations
Building moving in general. See:
STREETS AND SIDE-
WALKS
Certain provisions saved from repeal
Contractors, licensees, etc. .........
Defined ..........................
Demolition, removal, or relocation of
buildings
Permit requirements ............
Elevator contractors . . . . . . . . . . . .
Excavations, requirements
See: STREETS AND SIDE-
WALKS
Library board treasurer ..........
Mechanical contractors ............
See: MECHANICAL CONTRAC-
TORS
Merchant police service, etc.
See: MERCHANT OR PRIVATE
POLICE
Mobile home contractor's license re-
quirements ...................
Official bonds
Other matters regarding bonds of
personnel. See: OFFICERS
AND EMPLOYEES
Oil and gas drilling, etc.
See: OIL AND GAS
Plumbers.
Sidewalk and driveway construction
bonds ........................
Sign business
Subdivision regulations . . . . . .
See: SUBDIVISIONS
Tree trimmer and treaters bond ...
BONDSMEN
Attorney
Recommending particular attorney
prohibited ..................
Authorization for attorney to repre-
sent client
Obtaining prohibited ............
Compensation
Presumption of receiving ........
Referral of bail bond business for
compensation
Prohibited except by licensed
agent or employee ........
3586
Section
8-203 et seq.
10-39 et seq.
8-385
35-86
1-5
2-3
1-2(2)
8-364
8-436
35-202
19-36
8-296
30-42
22-61
2-61 et seq.
26-1 et seq.
8-218
35-158
8-384
36-1 et seq.
39-34
23-22
23-23
23-16
23-24
e
e
e
-
e
BONDSMEN-Cont'd.
Courtroom
Sitting in spectator section
Employment of particular attorney
Requiring prohibited ...........
Legal advice, giving ..............
Licenses
Applications . . . . . . . . . . . . . . . . . . . .
Denial .........................
Examination of application ......
Fees. ... .. .. ...... ......... ....
Fingerprint requirement . . . . . . . . .
Issuance .......................
List of licensees and fee schedule,
posting . . . . . . . . . . . . . . . . . . . . .
Required .......................
Revocation .....................
Suspension for violations not
justifying . . . . . . . . . . . . . .
Suspension, when . . . . . . . . . . . . . . . .
List of licensees and fee schedules
Posting . . . . . . . . . . . . . .
Outstanding bail bonds
Limitation on amount ...........
Police department
Entering without previous request
Loitering at ....................
Soliciting business at . . . . . . . . . . . .
Property
Sale of acquisition by licensee,
notice . . . . . . . . . . . . . . . . . . . . . .
Referring client to particular at-
torney .......................
Sitting in spectator section of court-
room........................ .
BOOK SALESMEN
Peddlers, licensing of .............
See: PEDDLERS, CANVASSERS
AND SOLICITORS
BOOKKEEPERS
Embezzlement ...................
BOOKS
Obscene literature ..............
See: INDECENCY AND OBSCEN-
ITY
BOOTLEGGING
Taxicabs transporting liquor, etc.
BOULEVARDS
Street defined re . . . . . . . . . . . . . . . . . .
Public ways in general. See:
STREETS AND SIDEWALKS
BOUNDARIES
Certain provisions saved from repeal
BOVINE ANIMALS
Animal regulations ...............
See: ANIMALS AND FOWL
Section
23-21
23-20
23-20
23-37
23-39
23-39
23-40
23-38
23-39
23-43
23-36
23-41
23-42
23-42
23-43
23-26
23-17
23-19
23-18
23-25
23-23
23-21
28-1 et seq.
25-61
25-162 et seq.
40-70
1-2(23)
1-5
7-1etseq.
CODE INDEX
3587
BOWLING ALLEYS
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
BOWS AND ARROWS
Nonpowder propelled guns ........
Weapons in general. See: FIRE-
ARMS AND WEAPONS
BRIDGES
Street defined re . . . . . . . . . .
Public ways in general. See:
STREETS AND SIDEWALKS
BRUSH. See also: WEEDS AND
BRUSH
Shrubbery . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
BRUSH FIRES
Open fires
BUDGETS
Library board
BUILDING CODE (Buildings and
structures in general)
Board of appeals . . . . . . . . . . . . . . . . . .
Administrative authority as secre-
tary .......................
Appeals
Board to determine . . . . . . . . . . . .
Appointment of members ........
Chairman of board .. . . . . . . . . . . . .
Membership ....................
Procedures of ..................
Quorum ........................
Records, reports ................
Rules authorized ................
Terms of office ............ . . . . .
Bond requirements ................
Building Code, definitions .........
Building official
Defined ........................
Notices of violations ............
Charter ordinance No. 20
See: CHARTER ORDINANCES
City, defined .....................
Code for abatement of dangerous
buildings
Fences, walls, hedges, etc. .......
See: FENCES, WALLS,
HEDGES, AND ENCLO-
SURES
Corporation counsel, defined .......
Dangerous buildings
Uniform code for abatement
adopted ....................
Section
6-1
25-120
1-2(23)
39-1 et seq.
14-77
19-38
8-38
8-228
8-230
8-227
8-232
8-226
8-233
8-229
8-231
8-232
8-227
8-364
8-37
8-37
8-3
8-37(b)
8-401 et seq.
8-37(c)
8-331
BUILDING CODE-Cont'd.
Demolition removal or relocation of
buildings
Fences, walls, hedges, etc. .......
See: FENCES, WALLS,
HEDGES AND ENCLO-
SURES
Permits
Applications . . . . . . . . . . . . . . . . . .
Bond required ................
Issuance .....................
Required .....................
Permittee, duties required .......
Driveway and sidewalk construction
Electrical code . . . . . . . .
See: ELECTRICAL CODE
Elevators, installation, etc. ....
See: ELEVATORS AND ELE-
VATOR INSTALLATION
Fees, payments . . . . . . . . . .
License suspended when not paid
Fences, walls, etc. ........
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
Fire hydrants, obstructing . . . . . . . . .
Fire prevention code
See: FIRE PREVENTION CODE
Fireworks storage, etc. ............
See: FIREWORKS
Flood plain zoning district
See: ZONING
Gas code .........................
See: GAS FITTERS
Housing code requirements ........
See: HOUSING
Licenses
Suspended if inspection fee not paid
Mechanical code . . . . . . . . . . . .
See: MECHANICAL CODE
Mobile home regulations
See: MOBILE HOMES AND
TRAILERS
Moving buildings
See: STREETS AND SIDE-
WALKS
Numbering
See: STREETS AND SIDE-
WALKS
One and two family dwelling code
Adopted
Other technical codes. See: TECH-
NICAL CODES
Owner defined re .................
Permits
Withholding re flood control provi-
sions. ......... ..........
Zoning certificates, permits, other
permit requirements, etc. See:
ZONING
SALINA CODE
Section
8-401 et seq.
8-362
8-364
8-363
8-361
8-351
35-121 et seq.
8-66 et seq.
8-426 et seq.
8-1
8-2
8-401 et seq.
14-2
14-1 et seq.
14-51 et seq.
42-426 et seq.
8-246 et seq.
18-1 et seq.
8-2
8-281 et seq.
22-18
35-61 et seq.
35-101 et seq.
8-51
1-2(15)
15-20
BUILDING CODE-Cont'd.
Plumbing code . . . . . . . . . . .
See: PLUMBING CODE
Removal or relocation. See herein:
Demolition, Removal, or Reloca-
tion of Buildings
Sandblasting .....................
See: SANDBLASTING
Sewer installations . . . . . . . . . . . . . . . .
See: WATER AND SEWERS
Sidewalk construction ............
See: STREETS AND SIDE-
WALKS
Sign code ......................
See: SIGN CODE
Street obstructions and encroach-
ments . .
See: STREETS AND SIDE-
WALKS
Subdivision regulations ..
See: SUBDIVISIONS
Technical codes, other. See: TECH-
NICAL CODES
Temporary uses ..................
See: ZONING
Tenant, occupant, etc., construed re . .
Uniform building code
Adopted. .. . . . . . . . . . . . . . . . . . . .
Code for abatement of dangerous
buildings ...................
Violations, notice .................
Water and sewer connections
See: WATER AND SEWERS
Zoning in general . . . . . . . . . . . . . .
See: ZONING
CODE
ADVISORY
BUILDING
BOARD
Appointments ....................
Bylaws . . . . . . . . . . . . . . . .
Chairman, vice chairman, secretary
Compensation . . . . . . . . .
Composition ........ . . . . . . . . . . . .
Created . . . . . . . . . . . . . . . . . . . . .
Duties . . . . . . . . . . . . . . . . . . . . . . .
Membership ......................
Officers . . . . . . . . . . .
Terms
BULLET WOUNDS
Physicians, etc., to report . . . . . . . . . .
BURGLARY
Embezzlement . . . . . . . . . . . . . . . . .
Theft ............................
BURIAL GROUNDS. See: CEME-
TERIES
BURNING
Garbage, rubbish .................
Open fires .......................
3588
Section
8-176 et seq.
8-476 et seq.
41-71 et seq.
35-121 et seq.
8-381 et seq.
35-36 et seq.
36-1 et seq.
42-59
1-2(24)
8-36
8-331
8-3
41-1 et seq.
42-1 et seq.
8-17
8-18
8-18
8-19
8-17
8-16
8-20
8-17
8-18
8-17
25-6
25-61
25-60
34-32
14-77
e
e
e
-
e
BUSES
Smoking, lighting matches, etc., on
Vehicles for hire, general regulations.
See: VEHICLES FOR HIRE
BUSHES
Shrubbery . . . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
BUSINESS INDUCEMENTS
Offering animals as prizes or busi-
ness inducements . . . . . . . . . .
BUSINESS LICENSES. See: LI-
CENSES AND PERMITS
BUTANE GAS
Liquefied petroleum gases ..
See: FIRE PREVENTION CODE
CODE INDEX
Section
40-2
39-1 et seq.
7-73
14-66 et seq.
C
CABLE TELEVISION LINES
Franchise rights and regulations,
Art. III of App. B
Tampering with .. . . . . . . . . . 31-5
Underground wires required, where 31-9
See: POLES AND WIRES. See
also: UTILITIES
CABS. See: TAXICABS
CAFES, CAFETERIAS, ETC.
Entertainment in food establishments 6-76 et seq.
Food service provisions reserved. . Chap. 16(Notes)
See also: FOOD AND FOOD
SERVICES
CALLINGS
Occupational licenses. See: LI-
CENSES AND PERMITS
CANALS
Nuisances enumerated and prohibited 24-2
CANVASSERS
Peddlers, licensing of ........
See: PEDDLERS, CANVASSERS
AND SOLICITORS
CARCASSES OF ANIMALS
Nuisances enumerated and prohibited
CARDS OR DICE
Gambling prohibitions
See: GAMBLING
CARNIVALS, CIRCUSES AND TENT
SHOWS
Amusements, etc., other. See:
AMUSEMENTS AND ENTER-
TAINMENT
Carnivals, defined ................
Circuses, defined . . . . . . . . . . . . . . . . . .
Definitions .......................
28-1 et seq.
24-2
25-176 et seq.
6-16(1)
6-16(2)
6-16
CARNIVALS, CIRCUSES AND TENT
SHOWS-Cont'd.
Gambling prohibited ..............
Lewd, indecent, obscene performances
Licenses
Applications ...................
Fees. .. .. ... ......
Required . . . . . . . . . . . . . . . . . . . .
Permits
Compliance with regulations .....
Required ......................
Tent shows
CARS AND OTHER EQUIPMENT
Generally. See: MOTOR VEHICLES
AND OTHER VEHICLES
Home occupations regulated
See: ZONING
Unattended animals left in without
sufficient ventilation
CARTRIDGES
Certain fireworks exceptions
CATS
Animal regulations .............
See: ANIMALS AND FOWL
CA TTLE, COWS, ETC.
Animal regulations
See: ANIMALS AND FOWL
CELLARS
Demolition, removal, or relocation of
buildings ....
See: BUILDING CODE
Housing code requirements
See: HOUSING
CEMETERIES
Employees
Management
CEREAL MALT BEVERAGES
Alcoholic liquor regulations
See: ALCOHOLIC BEVERAGES
CERTIFICATE OF APPROPRIATE-
NESS REVIEW
Heritage conservation district .....
See: ZONING
CERTIFICATE OF OCCUPANCY
Zoning certificates ...............
See: ZONING
CERTIFICATES
Bonds and insurance certificates
Contractors, licensees, etc.
Business license requirements. See:
LICENSES AND PERMITS
Plumbers . . . . . . . . . . . . . . . . . . . . . .
See: PLUMBERS
3589
Section
6-18
6-19
6-32
6-33
6-31
6-17
6-17
6-16(3)
42-60
7-46(a) (3)
14-56
7-1 et seq.
7-1 et seq.
8-351 et seq.
18-1 et seq.
9-2
9-1
5-16 et seq.
42-460
42-5
2-3
8-201 et seq.
CERTIFICA TES-Cont'd.
Trades, occupations, etc. See specific
trades, occupations, etc.
CESSPOOLS
Nuisances enumerated and prohibited
CHAIN LINK FENCES
Fences, generally. See: FENCES,
WALLS, HEDGES AND EN-
CLOSURES
Fencing of petroleum tanks, etc.
See: OIL AND GAS
CHARTER ORDINANCES
Certain provisions saved from repeal
Charter ordinances are entered in
Appendix A numerically
CHAUFFEURS'LICENSES
Taxicab drivers' licenses
See: TAXICABS
CHECKS
Obtaining property, etc., by false
pretenses
CHICKEN COOPS
Animal housing locations
CHICKS, BABY RABBITS, ETC.
Selling dyed or colored animals
CHILDREN. See also: MINORS
Abandoned iceboxes, etc., available to
CHRISTMAS TREE SALES
Temporary uses ........
See: ZONING
CIGARETTES
Smoking on buses
CINDERS, SOOT OR GAS
Nuisances enumerated and prohibited
CIRCULARS
Advertising matter, distributing
See: ADVERTISING
CIRCUSES. See: CARNIVALS, CIR-
CUSES AND TENT SHOWS
CISTERNS
Demolition, removal, or relocation of
buildings ....................
See: BUILDING CODE
CITY
Defined ..........................
CITY ATTORNEY
Assistant attorneys
Duties .........................
Qualifications ..................
Duties ...........................
Qualifications ....................
SALINA CODE
Section
24-2
26-4
1-5
40-106 et seq.
25-62
7-33
7-74
25-101
42-59
40-2
24-2
3-1 et seq.
8-351 et seq.
1-2(3)
2-108
2-106
2-107
2-106
CITY CLERK
Official bonds, amount ............
Official bonds in general. See:
OFFICERS AND EMPLOY-
EES
CITY COMMISSION. See: BOARD OF
COMMISSIONERS
CITY-COUNTY EMERGENCY PRE-
P AREDNESS BOARD
Appointment, terms of members ...
Budget. .......................
Civil emergencies. See also: CIVIL
EMERGENCIES AND DISAS-
TERS
Definitions
Disaster, defined
Emergency preparedness, defined . . .
Expenditures . . . . . . . .
Necessity declared ... .. . . . . . . . . .
Organization ................... .
Organization of emergency prepared-
ness .... .... .. ... ..
Powers and duties ............
Purposes . . . . . . . . . . . . .
Salina-Saline county emergency pre-
paredness department
Authority and duties of the co-
ordinator of .........
Succession . . . . . . . . . . . . . . . . . . . .
Termination . . . . . . . . . .
CITY COURT. See: MUNICIPAL
COURT
CITY DEPARTMENTS.
PARTMENTS AND
AGENCIES OF CITY
CITY EMPLOYEES. See: OFFICERS
AND EMPLOYEES
See: DE-
OTHER
CITY MANAGER
Flood prevention and control regula-
tions ... .. .. ..... ..
License and permit fees, review of . .
Official bonds, amount ............
Official bonds in general. See:
OFFICERS AND EMPLOY-
EES
CITY OFFICERS. See: OFFICERS
AND EMPLOYEES
CITY PLANNING COMMISSION
Created . . . . . . .. . . . . . . . . . .
See: PLANNING
CITY PROPERTY. See: PROPERTY
CITY REVENUE. See: FINANCES
CITY SEAL. See: SEAL
3590
Section
2-63
10-18
10-23
10-17
10-17
10-17
10-23
10-25
10-18
10-22
10-19
10-16
10-20
10-21
10-24
15-5
2-2(b)
2-63
29-16 et seq.
e
e
e
-
e
CITY TREASURER
Official bonds, amount ............
Official bonds in general. See: OF-
FICERS AND EMPLOYEES
CITY'S INDEBTEDNESS
Certain provisions saved from repeal
CIVIC CENTER. See: SALINA BI-
CENTENNIAL CENTER
CIVIL EMERGENCIES AND DIS-
ASTERS
City-county emergency preparedness
board ..............
See: CITY-COUNTY EMER-
GENCY PREPAREDNESS
BOARD
Curfew, authority of mayor to impose
Emergency proclamation
Authority of mayor ........
Effective time ............
Failure to comply with proclama-
tion ........... . . . . . . . .
Termination of proclamation ..
Emergency resulting from mob action
See: CIVIL EMERGENCIES AND
DISASTERS
Succession in event of death of co-
ordinator . . . . . . . . . . . . . . . . . . . . .
CIVIL PROCEEDINGS
Indemnification and liability
See: INDEMNIFICATION
CLAIMS
Indemnification and liability
See: INDEMNIFICATION
CLAIRVOYANTS
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
CLERK. See: CITY CLERK
CLINICS
Bullet wounds, knife wounds, etc.
Duty to report .................
City-county board of health ... . . . . .
See: HEALTH AND SANITA-
TION
Home occupations regulated .......
See: ZONING
CLOSETS
Abandoned iceboxes, etc.
CLOSING-O UT -SALES
Going-out-of-business sales ........
See: GOING-OUT-OF-BUSINESS
SALES
CODE INDEX
Section
2-63
1-5
10-16 et seq.
10-39
10-32
10-40
10-42
10-41
10-39
10-21
2-76 et seq.
2-76 et seq.
6-1
25-6
17-16 et seq.
4260
25-101
32-16 et seq.
CLUBS AND LOUNGES
Alcoholic beverage regulations
See: ALCOHOLIC BEVERAGES
Entertainment in food establishments
See: FOOD AND FOOD SERV-
ICES
CODE OF ORDINANCES*
Altering or tampering with code
Amendments to code ..............
Zoning amendment procedure
See: ZONING
Catchlines or headings of sections
Effect ........................
Certain provisions saved from repeal
Conflict of ordinances .............
Definitions .......................
Designated and cited, how. . . . . . . .
General penalty ....
See herein: Violations
New ordinances, effect ..........
Parenthetical and reference matter
Effect ....................... .
Penalties . . . . . . . . . . . . . . . . . . .
See herein: Violations
Repeal of ordinances
Effect .........................
Rules of construction . . . . . . . .
Technical regulations. See: TECHNI-
CAL CODES
Violations
Continuing .....................
General penalty . . . . . . . . . . . . . . . . .
Repeal of ordinances, effect . . . . . .
Words and phrases construed ......
COIN-OPERATED AMUSEMENT
MACHINES
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
COIN-OPERATED
LEYS
Arcades . . . . . . . . . .
See: ARCADES
COIN-OPERATED MACHINES AND
DEVICES
Music machines .................
See: MUSIC MACHINES
Parking meters, damaging or defac-
ing, etc. .. . . . . . . . . . . . . . . . . . . . .
See: TRAFFIC
BOWLING AL-
Section
5-16 et seq.
6-76 et seq.
1-9
1-6
42-21 et seq.
1-4
1-5
1-8
1-2
1-1
1-10
1-6
1-3
1-10
1-7
1-2
1-10
1-10
1-7
1-2
6-1
6-106 et seq.
6-131 et seq.
38-66
*Note-The adoption, amendment, repeal, omissions.
effective date, explanation of numbering system and
other matters pertaining to the use, construction and
interpretation of this Code are contained in the adopt-
ing ordinance and preface which are to be found in
the preliminary pages of this volume.
3591
COIN-OPERATED MACHINES AND
DEVICES-Cont'd.
Punchboards, slot machines, etc.
See: GAMBLING
COMBUSTIBLES
Fire prevention code ..............
See: FIRE PREVENTION CODE
Open fires ......................
COMMISSIONERS. See: BOARD OF
COMMISSIONERS
COMMUNICABLE DISEASES. See:
DISEASE CONTROL
COMMUNICA TIONS
Radio interference ......
COMPLAINTS
Equal opportunity, affirmative action
complaints ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
COMPOSERS
Home occupations regulated
See: ZONING
COMPRESSED AIR GUNS
Nonpowder propelled guns ........
Weapons in general. See: FIRE-
ARMS AND WEAPONS
COMPUTATION OF TIME
Rules for interpreting code
CONCEALMENT
An offense, concealing ............
CONCERTS
Circus and tent show requirements . .
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
CONCRETE CONSTRUCTION WORK
Sandblasting . . . . . . . . . . . . . . . . . .
See: SANDBLASTING
CONDEMNATION
Certain provisions saved from repeal
Code for abatement of dangerous
buildings .....................
Demolition, removal, or relocation of
buildings . . . . . . . . . . . . . . . . . . . . .
See: BUILDING CODE
Housing code requirements ........
See: HOUSING
CONFIDENCE GAMES, RACKETS,
ETC.
Obtaining property by false pre-
tenses, etc. ..................
SALINA CODE
Section
25-183 et seq.
14-1 et seq.
14-77
25-7
13-56 et seq.
42-60
25-120
1-2
25-22
6-16 et seq.
8-476 et seq.
1-5
8-331
8-351 et seq.
18-1 et seq.
25-62
CONFLAGRATIONS Section
Authority to remove structures to
check fire .................... 14-5
CONFLICTING PROVISIONS
Conflict of ordinances ............. 1-8
Interpretation of code, etc., other
matters. See: CODE OF OR-
DINANCES
CONSERVATION
Heritage conservation district . . . . . 42-456 et seq.
See: ZONING
Water conservation ............ 41-51 et seq.
See: WATER AND SEWERS
CONSTITUTION
Severability of unconstitutional parts
of code ...................... 1-11
CONSTRUCTION
Driveway construction ............ 35-151 et seq.
See: STREETS AND SIDE-
WALKS
Flood plain zoning districts . . . . . . . . 42-426 et seq.
See: ZONING
Generally. See: BUILDINGS
CONTAGIOUS DISEASES. See: DIS-
EASE CONTROL
CONTAMINATION
Nuisances enumerated and prohibited 24-2
CONTRACTORS
Electrical contractors ............. 8-111 et seq.
See: ELECTRICAL CONTRAC-
TORS
Elevator contractors .............. 8-436 et seq.
See: ELEVATOR CONTRAC-
TORS
Mechanical contractors ............ 8-291 et seq.
See: MECHANICAL CONTRAC-
TORS
Mobile home contractors .... 22-51 et seq.
See: MOBILE HOMES AND
TRAILERS
Plumbers . . . . . . . . . . . . . . . . . . . . . . 8-201 et seq.
See: PLUMBERS
CONTRACTORS' OFFICES
Temporary uses .................. 42-59
See: ZONING
CONTRACTS AND AGREEMENTS
Bonds, insurance, etc. ............. 2-3
Certain provisions saved from repeal 1-5
Equal opportunity, affirmative ac-
tion policy ................... 13-1 et seq.
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
3592
e
e
e
-
e
CONTRACTS AND AGREEMENTS-
Cont'd.
Fire protection for property outside
city limits
Charge for .....................
CONVENTIONS
Transient guest tax .. . . . . . . . . . . . . .
See: TRANSIENT GUEST TAX
CORNER INTERSECTIONS. See: IN-
TERSECTIONS
CORNER LOTS
Fences, walls, hedges, etc. ........
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
CORPORATE SEAL. See: SEAL
CORPORATION
Person construed re ..............
CORPORATION COUNSEL
City attorney and assistants .......
See: CITY ATTORNEY
Defined for building code .........
CORRALS
Proper maintenance of animal enclo-
sures ........................
COUNSEL FOR CITY
City attorney and assistants
See: CITY ATTORNEY
COUNTY
Defined ..................
COUNTY TREASURER
Library board, duties ..
COURTS
Municipal court ..................
See: MUNICIPAL COURT
Severability of invalid parts of code
COWS, CATTLE, ETC.
Animal regulations ...............
See: ANIMALS AND FOWL
CRAFTSMEN
Mobile home craftsmen ...........
See: MOBILE HOMES AND
TRAILERS
CRIMES AND OFFENSES. See: OF-
FENSES
CRIMINAL PROCEEDINGS
Indemnification and liability
See: INDEMNIFICATION
CROSSBOWS
Nonpowder propelled guns ........
Weapons in general. See: FIRE-
ARMS AND WEAPONS
CODE INDEX
Section
14-1
37-16 et seq.
8-401 et seq.
1-2(16)
2-106 et seq.
8-37(c)
7-58
2-106 et seq.
1-2 (5)
19-37
23-1 et seq.
1-11
7-1 et seq.
22-51 et seq.
2-76 et seq.
25-120
CUBAN AMERICANS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
CURBS AND GUTTERS
Flood protection works ............
See: FLOOD PREVENTION AND
CONTROL
CURFEW
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
Minors . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: MINORS
D
DAMAGES
Contractor's bonds, insurance, etc. ..
Desecration of property. See: V AN-
. DALISM
Indemnification and liability .......
See: INDEMNIFICATION
DANCING AND DANCE HALLS
Carnival shows ...................
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
Entertainment in food establishments
See: FOOD AND FOOD SERV-
ICES
Music machines ..................
See: MUSIC MACHINES
Public dances
Defined ........................
Licenses
Applications .................
Denial .......................
Fees........................ .
Issuance .....................
Nonissuance ..................
Required .....................
Revocation ...................
Residences, proximity to ........
DANCING TEACHERS
Home occupations regulated
See: ZONING
DANGEROUS BUILDINGS
Uniform code for abatement adopted
See: BUILDING CODE
DAY CARE HOMES
Home occupations regulated . . . . . . . .
See: ZONING
3593
Section
13-1 et seq.
15-16 et seq.
10-39 et seq.
21-16 et seq.
2-3
2-76 et seq.
6-16 et aeq.
6-76 et seq.
6-131 et seq.
6-46
6-57
6-59
6-58
6-59
6-60
6-56
6-61
6-47
42-60
8-331
42-60
DEAD ANIMALS
Nuisances enumerated and prohibited
Removal and disposal .............
Other animal regulations. See:
ANIMALS AND FOWL
DEAD TREES
Removal of dead trees and limbs
See: TREES AND SHRUBBERY
DEAF AND BLIND PERSONS
Animals trained to assist, exemp-
tion from certain provisions ...
Handicapped persons, other. See:
HANDICAPPED PERSONS
Impersonating a blind person ...
DELEGATION OF AUTHORITY
Word usage for interpreting code
DELIVERY TRUCKS
Freight vehicles ..................
See: FREIGHT VEHICLES
DEMOLITION
Authority to remove structures to
check fire ....................
Code for abatement of dangerous
buildings ...................
See: BUILDING CODE
Housing code requirements ........
See: HOUSING
DENSE SMOKE
Nuisances enumerated and prohibited
DENTAL CLINICS
Home occupations regulated ....
See: ZONING
DENTISTS
City-county board of health . . . . . . . .
See: HEALTH AND SANITA-
TION
Home occupations regulated ......
See: ZONING
DEPARTMENTS AND OTHER
AGENCIES OF CITY
Airport authority ................
See: AIRPORTS AND AIRCRAFT
Boards, etc. ......................
See: BOARDS, COMMITTEES
AND COMMISSIONS
City manager plan of government,
adopted .....................
Code references to departments,
boards, etc., construed .........
Creation .........................
Delegation of authority construed ..
Department of law ...............
See: LAW DEPARTMENT
SALINA CODE
Section
24-2
7-2
39-5
7-55
38-25
1-2
40-16 et seq.
14-5
8-331
18-1 et seq.
24-2
42-60
17-16 et seq.
42-60
4-16 et seq.
2-136 et seq.
2-36
1-2
2-96
1-2(6)
2-106 et seq.
DEPARTMENTS AND OTHER AGEN-
CIES OF CITY-Cont'd.
Department of public health .......
See: HEALTH AND SANITA-
TION
Equal opportunity, affirmative action
policy .......................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
Firemen's relief association .......
See: FIREMEN'S RELIEF ASSO-
CIA TION
Health department, defined ........
See: HEALTH AND SANITA-
TION
Joint authority construed. . . . . . . . . .
Municipal court ..................
See: MUNICIPAL COURT
Police department. See: POLICE
DEPARTMENT
Salina-Saline County emergency pre-
paredness department .........
See: CITY-COUNTY EMER-
GENCY PREPAREDNESS
BOARD
Section
2-121
13-1 et seq.
14-17 et seq.
17-1
1-2(9)
23-1 et seq.
10-20
DESECRATION OF PROPERTY. See:
VANDALISM
DEVELOPMENTS
Demolition, removal, or relocation of
buildings ..................... 8-351 et seq.
See: BUILDING CODE
Driveway and sidewalk construction 35-121 et seq.
Economic development provisions re-
served ....................... Chap. l1(Notes)
Excavations in streets ...... 35-201 et seq.
See: STREETS AND SIDE-
WALKS
Flood protection works ............ 15-16 et seq.
See: FLOOD PREVENTION AND
CONTROL
Housing code requirements ........ 18-1 et seq.
See: HOUSING
Mobile homes and trailers ......... 22-1 et seq.
See: MOBILE HOMES AND
TRAILERS
Oil and gas drilling, etc. .......... 26-1 et seq.
See: OIL AND GAS
Planned development district require-
ments . . . . . . . . . . . . . . . . . . . . . . . . 42-401 et seq.
See: ZONING
Planning ......................... 29-1 et seq.
See: PLANNING
Sidewalk construction ............ 35-121 et seq.
See: STREETS AND SIDE-
WALKS
Subdivision regulations .. . . . . . . . . . . 36-1 et seq.
See: SUBDIVISIONS
3594
e
CODE INDEX
DEVELOPMENTS-Cont'd.
Trees and shrubbery, regulation of
See: TREES AND SHRUBBERY
Zoning regulations ... . . . . . . . . . . . . .
See: ZONING
Section
39-1 et seq.
DISEASE CONTROL-Cont'd.
Inoperable vehicles as breeding
ground for mosquitoes, etc.
Inoperable vehicles on roadway ..
See: TRAFFIC
Nuisance animals, animals breeding
flies, etc. .....................
Nuisances ........................
See: NUISANCES
Rabies vaccination of cats and dogs
Sick or injured cats or dogs
Emergency treatment ...........
Solid waste disposal ..............
See: GARBAGE AND TRASH
DISMANTLED, DISCARDED AUTO-
MOBILES
Inoperable vehicles on roadway ....
See: TRAFFIC
Junkyards, etc. ...................
See: JUNK AND JUNK DEAL-
ERS
DISORDERLY CONDUCT
Cereal malt beverage premises
Entertainment in food establish-
ments, as to ..................
Generally ........................
Poolrooms, etc., in ................
Section
e
42-1 et seq.
38-81 et seq.
DIAMONDS
Precious metals dealers, etc.
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
DICE OR CARDS
Gambling prohibitions . . . . . . . . . . . . .
See: GAMBLING
7-31
24-1 et seq.
33-16 et seq.
7-54
7-3
34-16 et seq.
25-176 et seq.
DILAPIDATED STRUCTURES
Code for abatement of dangerous
buildings .....................
See: BUILDING CODE
Housing code requirements ........
See: HOUSING
8-331
38-81 et seq.
18-1 et seq.
33-36 et seq.
DISABLED PERSONS. See also:
HANDICAPPED PERSONS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
5-75
13-1 et seq.
6-77
25-81
6-157
e
DISTURBING THE PEACE
Generally ........................
DISAGREEABLE ODORS
Nuisances enumerated and prohibited
25-82
24-2
DITCHES
Excavations in streets ............
See: STREETS AND SIDE-
WALKS
Flood protection works ............
See: FLOOD PREVENTION AND
CONTROL
DOCTORS
Bullet wounds, knife wounds, etc.
Duty to report .................
City-county board of health . . . . . . . .
See: HEALTH AND SANITA-
TION
DODGERS
Handbill distribution ..............
See: ADVERTISING
DOG AND PONY SHOWS
Circus and tent show requirements .
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
DISASTERS
Civil emergencies ................
See: CIVIL EMERGENCIES AND
DISASTERS
35-201 et seq.
10-16 et seq.
15-16 et seq.
DISCRIMINA TION
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
13-1 et seq.
25-6
17-16 et seq.
DISEASE CONTROL
Animal bites, responsibility for re-
porting ......................
City-county board of health ........
See: HEALTH AND SANITA-
TION
Dead animals ....................
Animal care in general. See: ANI-
MALS AND FOWL
Diseased plants, trees, and shrubs . .
See: TREES AND SHRUBBERY
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
Food service provisions reserved ... Chap. 16(Notes)
7-58
17-16 et seq.
3-1 et seq.
7-2
6-16 et seq.
-
39-51 et seq.
DOGS. See also: ANIMALS AND
FOWL
Barking and howling
Nuisances enulperated and pro-
hibited .....................
10-39 et seq.
e
24-2
3595
SALINA CODE
DOOR-TO-DOOR SALESMEN
Peddlers, licensing of .............
See: PEDDLERS, CANVASSERS
AND SOLICITORS
DRAINAGE
Flood protection works ............
See: FLOOD PREVENTION AND
CONTROL
Housing code requirements ........
See: HOUSING
Mobile home parks ...............
See: MOBILE HOMES AND
TRAILERS
Oil, grease, etc., draining into sew-
ers, rivers, etc. ...............
See: WATER AND SEWERS
Plumbing code adopted .......... . .
See: PLUMBING CODE
Subdivision regulations . . . . . . . . . . . .
See: SUBDIVISIONS
DRAYS
Freight vehicles ..................
See: FREIGHT VEHICLES
DRESSMAKERS
Home occupations regulated
See: ZONING
Section
28-1 et seq.
15-16 et seq.
18-1 et seq.
22-19
41-73
8-176 et seq.
36-1 et seq.
40-16 et seq.
42-60
DRILLING
Oil and gas drilling, etc.
See: OIL AND GAS
DRIVE-IN RESTAURANTS
Food service provisions reserved ... Chap. 16(Notes)
26-1 tlt seq.
DRIVE-IN THEATERS
Licensing of amusements, generally 6-1
See: AMUSEMENTS AND EN-
TERTAINMENT
DRIVERS' LICENSES
Taxicab drivers license
See: TAXICABS
40-106 et seq.
DRIVEWAYS
Construction . . . . . . . . . . . . . . . . . . . . . . 35-121 et seq.
See: STREETS AND SIDE-
WALKS
DRUGS AND MEDICINES
Public intoxication ................ 25-83
DRUGSTORES
Food service provisions reserved . Chap. 16(Notes)
DUMBWAITERS AND HOISTS
Elevators, installation, etc. ........
See: ELEVATOR AND ELEVA-
TOR INSTALLATION
8-426 et seq.
EARTHQUAKES
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
EASEMENTS
Certain provisions saved from repeal
Defined for mobile home provisions .
See: MOBILE HOMES AND
TRAILERS
Subdivision regulations ...........
See: SUBDIVISIONS
EATING ESTABLISHMENTS
Entertainment in food establish-
ments ....................... 6-76 et seq.
See: FOOD AND FOOD SERV-
ICES
Food service provisions reserved ... Chap. 16(Notes)
DWELLINGS
Demolition, removal, or relocation of
buildings . . . . . . . . . . . . . . . . . . . . .
See: BUILDING CODE
Housing code requirements ........
See: HOUSING
Mobile homes. See: MOBILE
HOMES AND TRAILERS
One and two family dwelling code
adopted ......................
See: BUILDING CODE
Trees and shrubbery, regulation of . .
See: TREES AND SHRUBBERY
DYED OR COLORED ANIMALS
Selling ...........................
E
Section
8-351 et seq.
18-1 et seq.
8-51
39-1 et seq.
7-74
10-39 et seq.
1-5
22-1(1)
36-1 et seq.
ECONOMIC DEVELOPMENTS
Provisions reserved ............... Chap. 11 (Notes)
ELASTIC GUNS
Nonpowder propelled guns. . . . . . . . .
Weapons in general. See: FIRE-
ARMS AND WEAPONS
ELECTIONS
City to consist of one ward ........
Precincts
City divided into ...............
Territory outside city but in city
school districts .............
ELECTRIC FENCES
Fences, walls, hedges, etc. ........
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
ELECTRICAL BOARD OF EXAMIN-
ERS
Amendments, duties re ............
Appeals, procedure . . . . . . . . . . . . . . . .
3596
25-120
12-1
12-2
12-3
8-401 et seq.
8-99(c)
8-100
e
e
e
-
e
ELECTRICAL BOARD OF EXAMIN-
ERS-Cont'd.
Appointments ....................
Composition ......................
Created ..........................
Duties ...........................
Grievances, duties re ..............
Hardship cases, duties re ..........
Membership ......................
Quorum ..........................
Terms of members ................
ELECTRICAL CODE
Administration. See herein specific
subjects
Building official
Acting as inspector ............
See herein: Inspector
Condemnation
Unsafe articles and materials
Defective or dangerous conditions
Inspection, condemnation, correc-
tion of .....................
Division of electrical wiring
Elevator requirements .........
See: ELEVATOR AND ELEVA-
TOR INSTALLATIONS
Electrical board of examiners .. . . . .
See: ELECTRICAL BOARD OF
EXAMINERS
Electrical inspectors. See herein: In-
spector
Elevators, installation, etc. ........
See: ELEVATOR AND ELEVA-
TOR INSTALLATIONS
Enforcement. See herein specific sub-
jects
Fires
Removal of wires, turning off cur-
rent .. .. ..... ......
Housing code requirements
See: HOUSING
Inspections
Defective or dangerous conditions
Inspector
Building official acting as ......
Enforcement by
Fires
Removal of wires, turning off
current in case of .. . . . . . . .
General duties .... . . . . . . . . . . . . . .
Liabilities not affected ..........
Qualifications ..................
Questions, deciding .............
Wires, removal .................
Liabilities, construed ..............
Mobile home regulations ..........
See: MOBILE HOMES AND
TRAILERS
CODE INDEX
Section
8-97
8-97
8-96
8-99
8-99(a)
8-99(b)
8-97
8-98
8-97
8-78
8-83
8-84
8-428
8-96 et seq.
8-426 et seq.
8-82
18-1 et seq.
8-84
8-78
8-80
8-82
8-79
8-85
8-76
8-81
8-82
8-85
22-18
ELECTRICAL CODE-Cont'd.
National electrical code
Adopted .......................
National electrical safety code
Adopted .......................
Other technical codes. See: TECH-
NICAL CODES
Service entrances .................
Sign code ........................
See: SIGN CODE
Unsafe items and materials
Condemnation ...
Violations, generally ............
ELECTRICAL CONTRACTORS
Bond requirement ...... . . . . . . . . . . .
Exemptions from new contractors
fees . . . . . . .. . .
Insurance requirement ............
Licenses
Bonds . . . . . . . . . . . . . . . . .
Display of . . . . . . . . . .
Exemptions ....................
Fees. .. . " .... ..... . " . ........
Insurance ........ . . . . . . . . . .
Required .......................
Scope .. . . . . . . . . . . . . . . . .
Suspension, revocation ..........
Transfer of . . . . . . . . . . . . . . . . .
Requirements
Doing work without meeting re-
quirements . . . . . . . . .
ELECTRICAL MECHANICS
Apprentice electricians
Requirements ..................
Board of examiners
Examinations
Board to conduct, scope
Meetings, holding
Classes established
Examinations
Applications
Evidence to accompany .... ..
Board to conduct, scope ..
Reexamination after failure
Journeymen electricians
Requirements ..................
Licenses
Expiration .....................
Fees.......................... .
Issuance .......................
Renewal .......................
Suspension, revocation ..........
Master electricians
Generally ......................
Required, when ............
Nonresident electricians
Requirements . . . . . . . . . . . . . . . . . . .
3597
Section
8-66
8-67
8-68
8-381 et seq.
8-83
8-86
8-116
8-297
8-115
8-115
8-118
8-113
8-114
8-115
8-111
8-112
8-120
8-119
8-117
8-131(3)
8-133
8-136
8-134
8-131
8-135
8-136
8-137
8-131(2)
8-140
8-139
8-138
8-140
8-141
8-131(1)
8-132
8-131(4)
ELECTRICAL PERMITS AND IN-
SPECTIONS
Certificate of approval
Required before setting meter or
connecting current ..........
Connections
Prerequisite to connecting current
Inspections
Alterations and changes
Approval required . . . . . . .
Certificate of approval required,
when ................
Concealing work before
Electrical inspector to inspect
When inspections to be accom-
plished
Inspector
Right of entry .. . .
Meters
Prerequisites to setting
Permits
Fees ............
Failure to pay
Payment of .....
Issuance
Conditions to issuance
Not required, when .............
Record of . . . . . . . .' ..........
Required . . . . . . . . . . . . . . . .
ELECTRICITY
Franchises, Art. I of App. B
Mobile home park distribution sys-
tems, etc. . . . . . . . . . . . .
Power lines. See: POLES AND
WIRES
Public utility provisions
See: UTILITIES
ELECTRONIC GAMES
Arcades . . . . . . . . . . . . . . . . . . . . . . .
See: ARCADES
ELEVATOR CONTRACTORS
Licenses
Insurance, bond .....
Other cities with equal population,
issued by ..................
Reciprocity .............. . . . . . . .
Revocation .....................
ELEVATORS AND ELEVATOR IN-
STALLATIONS
Administrative authority
Defined ........................
Enforcement of provisions .......
Definitions .......................
Division of electrical wiring
Requirements .. . . . . . . . . . . . . . . . . .
Elevator, defined .................
Enforcement .....................
SALINA CODE
Section
8-163
8-163
8-162
8-158
8-163
8-161
8-157
8-159
8-160
8-163
8-154
8-155
8-155
8-156
8-152
8-153
8-151
22-23
31-1 et seq.
6-106 et seq.
8-436
8-437
8-437
8-438
8-426
8-427
8-426
8-428
8-426
8-427
ELEVATORS AND ELEVATOR IN-
ST ALLA TrONS-Cont'd.
Permits and inspections
Inspections
Permits . . . . . . . .
Release of responsibilities ........
EMBALMING ESTABLISHMENTS
Home occupations regulated .......
See: ZONING
EMBEZZLEMENT
Valuables of another
EMERGENCIES
Civil emergencies .................
See: CIVIL EMERGENCIES AND
DISASTERS
EMPLOYEES. See: OFFICERS AND
EMPLOYEES
EMPLOYMENT AGENCIES
Equal opportunity, affirmative ac-
tion policy . . . . . . . . . . . .
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
ENCLOSURES. See: FENCES,
WALLS, HEDGES, AND ENCLO-
SURES
ENCROACHMENTS
Street encroachments in general
See: STREETS AND SIDE-
WALKS
ENGINEERS
Home occupations regulated
See: ZONING
See: AMUSE-
ENTERTAIN-
ENTERTAINMENT.
MENTS AND
ME NT
ENVIRONMENTAL PROTECTION
Flood protection works ...........
See: FLOOD PREVENTION AND
CONTROL
EPIDEMICS
Diseases in general. See: DISEASE
CONTROL
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
EQUAL OPPORTUNITY AND AF-
FIRMATIVE ACTION
Affirmative action by contractors ..
See herein: Public Contracts
Chairman, defined ................
3598
Section
8-447
8-446
8-429
42-60
25-61
10-16 et seq.
13-1 et seq.
35-36 et seq.
42-60
15-16 et seq.
10-39 et seq.
13-42
13-2(b) (1)
e
e
e
-
e
EQUAL OPPORTUNITY AND AF-
FIRMATIVE ACTION-Cont'd.
City's commitment to principle of
nondiscrimination
Structure and responsibilities for
carrying out
Definitions ...................
Evaluation committee .........
Reports ......................
Training for upward mobility ..
Commission, defined ............,
Complainant, defined . . . . . . . . . . . . . .
Complaints, procedure for filing and
processing
False, misleading, incomplete com-
plaint, etc. .................
Filing of complaints ............
Procedure for processing com-
plaints ......... . . . . . . . . .
Time for filing complaint .......
Construction of provisions .........
Contractor, defined ......,........
Contracts
Defined ........................
Public contracts ................
See herein: Public Contracts
Declaration of policy ..............
Definitions .......................
Director, defined .................
Employee, defined ................
Employer, defined ................
Employment agency, defined . . . . . . .
Family, defined . . . . . . . . . . . . . . . . . . .
Financial institution
Defined ........................
Hotel, motel, restaurant
Defined ........................
Housing accommodations
Defined ........................
Human relations commission
Appointment ...................
Compensation . . . . . . . . . . . . . . . . . . .
Composition ....................
Created ........................
Officers .......................
Powers and dutiell ..............
Quorum ........................
Terms of office ................
Labor organization
Defined ........................
Motel. See herein: Hotel, Motel, Res-
taurant
Occupational qualifications
Defined ........................
Owner, defined.. . . . . . '" .. .... " .
Person aggrieved, defined .........
Person, defined ...................
Probable cause, defined ...........
Public accommodations, defined ....
CODE INDEX
Section
13-71
13-76
13-78
13-77
13-2(b) (2)
13-2(b) (3)
13-57
13-56
13-58
13-59
13-3
13-2(b) (5)
13-2(b) (4)
13-41 et seq.
13-1
13-2
13-2(b) (6)
13-2(b) (7)
13-2(b) (8)
13-2(b) (9)
13-2(b) (10)
13-2(b) (11)
13-2(b) (12)
13-2(b)(13)
18-17
13-19
13-17
18-16
13-20
13-22
13-21
13-18
13-2(b) (14)
13-2(b) (15)
13-2(b)(16)
13-2(b) (18)
13-2(b)(17)
13-2(b) (19)
13-2(b) (20)
EQUAL OPPORTUNITY AND AF-
F'IRMATIVE ACTION-Cont'd.
Public contracts
Affirmative action by contractors
required . . . . . . . . . . . .
Affirmative action plans ........
Exemptions ....................
Required contract provisions
Real estate broker, defined ........
Real estate salesman or agent
Defined . . . . . . . . . . . , . . . . . . . . .
Real property, defined ..
Respondent, defined ........
Restaurant. See herein: Hotel, Motel,
Restaurant
Subcontractor, defined . . . . . . . . .
To rent, defined . . . . . . . .
Unlawful discriminatory housing
practices . . . . . . . . 13-28
Unlawful employment practices .... 13-26
Defined,.....,............... . 13-2(b)(27), (28)
Unlawful public accommodation
practices .....................
Defined
ERADICATION OF VERMIN, ETC.
Animals creating fly breeding or rat
infested areas ....
Nuisances enumerated and prohibited
EROSION
Flood protection works ............
See: FLOOD PREVENTION AND
CONTROL
ESCALATORS
Elevators, installation, etc. ........
See: ELEVTORS AND ELEVA-
TOR INSTALLATIONS
ESCAPE
Defined ............,.............
Persons in custody generally. See:
PRISONS AND PRISONERS
ETHNIC GROUP RELATIONS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
EUTHANASIA
Humanely euthanize (Animals), de-
fined ........................
Euthanization of animals, etc. See:
ANIMALS AND FOWL
EXCAVATIONS
Demolition, removal, or relocation of
buildings ....................
See: BUILDING CODE
8599
Section
13-42
13-43
13-44
13-41
13-2(b) (21)
13-2(b) (22)
13-2(b) (23)
13-2(b) (24)
13-2(b) (25)
13-2(b) (26)
13-27
13-2(b) (29)
7-31
24-2
15-16 et seq.
8-426 et seq.
25-23
13-1 et seq.
7-1(15)
8-851 et seq.
EXCA V A TIONS-Cont'd.
Flood protection works . . . . . . . . . . . .
See: FLOOD PREVENTION AND
CONTROL
Oil and gas drilling, etc. ..........
See: OIL AND GAS
EXCRETA
Removal of animal feces
EXHIBITIONS
Circus and tent show requirements . .
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
EXPECTORA TING
Spitting in public places ..........
EXPENSES
Finances of city in general. See:
FINANCES
Indemnification and liability
See: INDEMNIFICATION
EXPLOSIONS
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
Gasoline sales on streets, prohibited
EXPLOSIVES AND BLASTING
AGENTS
Fireworks ........................
See: FIREWORKS
F
FAIR HOUSING
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
FALSE CALLS AND REPORTS
Police officers, giving to ..........
FALSE FIRE ALARMS
Turning in .......................
SALINA CODE
Section
15-16 et seq.
26-1 et seq.
7-56
6-16 et seq.
25-5
2-76 et seq.
10-39 et seq.
14-79
14-51 et seq.
13-1 et seq.
25-26
25-84
FARO BANK
Gambling prohibitions ............. 25-176 et seq.
See: GAMBLING
FAST FOOD SERVICE PLACES
Food service provisions reserved ... Chap. 16(Notes)
FECES
Removal of animal feces. . . . . . . . . . . 7-56
FENCES, WALLS, HEDGES AND
ENCLOSURES
Animal yard structures and pens
Proper maintenance ............ 7-58
FENCES, WALLS, HEDGES AND
ENCLOSURES-Cont'd.
Authority to remove structures to
check fire ...................
Barbed wire
Commercial and industrial fences
Electrical fences ..................
Entering enclosure to steal fruit ...
Fire hydrants, obstructing ........
Obscene writings, pictures on struc-
tures ........................
Oil and gas installations ..........
See: OIL AND GAS
Permits required. . . . . . . . . . . . . . . . . .
Public property
Erecting, maintaining on ........
Spite fences, etc.
Street, alley, etc.
Barbed wire .., . . . . . . . . . . . . . . .
Commercial and industrial fences
Dilapidated, dangerous, or unsight-
ly fences, removal ..........
Dwelling plots
Requirements for fences, etc. ..
Fences classified ...............
Hedges along ..................
Maintenance of fences ..........
Nuisances ......................
Yard requirements ..............
Zoning requirements ............
See also: ZONING
Subdivision regulations ...........
See: SUBDIVISIONS
Violations declared nuisances
Removal .......................
Yard housing for animals, locations
FERRIS WHEELS
Carnival regulations ..............
See : CARNIVALS, CIRCUSES
AND TENT SHOWS
FILLING STATIONS
Streets, sale of gasoline, etc., on
FINANCES
Bonds for insurance contractors, li-
censees, etc. .................
Certain provisions saved from repeal
Charter ordinances. See: CHARTER
ORDINANCES
Director of finance
Official bonds, amount ..........
Official bonds in general. See:
OFFICERS AND EMPLOY-
EES
Firemen's relief association ........
See: FIREMEN'S RELIEF ASSO-
CIATION
3600
Section
14-5
8-409
8-403
25-63
14-2
25-166
26-3 et seq.
8-401
8-404
8-402
8-408
8-409
8-410
8-407
8-406
8-405
8-410
8-411
8-407
8-407
36-1 et seq.
8-411
7-33
6-16 et seq.
14-79
2-3
1-5
2-63
14-17 et seq.
e
e
e
-
e
FINANCES-Cont'd.
Fixed asset records for buildings and
land
Charter ordinance No. 20
See: CHARTER ORDINANCES
Investment of temporary idle funds
Authorization ..................
Procedure ......................
Restrictions ....................
Official bonds ....................
Other matters regarding official
bonds. See: OFFICERS AND
EMPLOYEES
Treasurer of library board
See: LIBRARY BOARD
FINANCIAL INSTITUTIONS
Equal opportunity, affirmative ac-
tion policy ... . . . . . . . . . .
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
FINES, FORFEITURES AND PEN-
ALTIES
Certain provisions saved from repeal
Forfeiture of gambling device, pro-
cedure .......................
See: GAMBLING
General penalties ................
Specific penalties. See specific of-
fenses, crimes, misdemeanors,
etc., as indexed
Indemnification and liability ...
See: INDEMNIFICATION
Repeal of ordinances, effect . . . . .
FIRE, DAMAGED GOOD SALES
Going-out-of-business sales .......
See: GOING-OUT-OF-BUSINESS
SALES
FIRE DEPARTMENT
Authority to remove structures to
check fire ....................
Charge for fire protection on prop-
erty outside city ..............
Command at fires .. . . . . . . . . . . . . . . .
Contributions by officers and mem-
bers to retirement system
Charter ordinance No. 6
See: CHARTER ORDINANCES
Longevity pay
Charter ordinance No. 4
See: CHARTER ORDINANCES
Resisting or hindering firemen .....
Retirement pay to certain members
Charter ordinance Nos. 5, 15
See: CHARTER ORDINANCES
CODE INDEX
Section
2-161
2-162
2-162
2-61 et seq.
19-36 et seq.
13-1 et seq.
1-5
25-181
1-10
2-76 et seq.
1-7
32-16 et seq.
14-5
14-1
14-4
14-3
FIRE HAZARDS
Demolition, removal, or relocation of
buildings . . . . . . . . . . . . . . .
See: BUILDING CODE
Inoperable vehicles on roadway
See: TRAFFIC
FIRE HYDRANTS
Hydrant rental fee ................
Water and sewer installations.
See: WATER AND SEWERS
Obstructing ......................
FIRE PREVENTION CODE
Gasoline, sale on streets, etc. ......
Liquefied petroleum gases
Regulations adopted ............
Violations, penalties . . . . . . . . . . . . .
Miscellaneous hazards
Open fires . . . . . . . . . . . . . . . . . . . . . .
Pitch or tar
Location for boiling ..........
Streets, fires prohibited on ......
National fire code, adoption. . . . . . . .
Violations ........................
FIRE PROTECTION
Fire prohibited on streets .........
Gasoline sales on streets, etc. ......
Mobile home park distribution sys-
tems, etc. ....................
Open fires . . . . . . . . . . . . . . . . . . . . . . . .
FIREARMS AND WEAPONS
BB guns .........................
Brandishing . . . . . . . . . . . . . . . .
Bullet wounds, injuries, etc.
Physicians and hospitals to report
Carrying weapons concealed .......
Dangerous weapons
Hostile demonstrations with .....
Discharge of firearms .............
Knucks
Manufacture, dealing in, carrying,
display of . . . . . . . . . . . .
Merchant or private policemen's
rights . . . . . . . . . . . . . . . . . . . . . . . .
Nonpowder propelled guns ........
FIREMEN'S RELIEF ASSOCIATION
Bond of treasurer ................
Bylaws, regulations authorized ....
Composition ......................
Custody of funds .................
Disbursements, procedure for ......
Double benefits prohibited ........
Funds
Custody of .....................
Holding in trust ................
Investments of . . . . . . . . . . . . . . . . . .
Loans to city ...................
Purposes for which used . . . . . . . . .
Statutory limitation on use ......
3601
Section
8-351 et seq.
38-81 et seq.
41-89
14-2
14-79
14-66
14-67
14-77
14-76
14-78
14-41
14-42
14-78
14-79
22-23
14-77
25-121
25-118
25-6
25-116
25-118
25-117
25-119
30-21, 30-21)
25-120
14-21
14-19
14-17
14-21
14-22
14-27
14-21
14-25
14-24
14-25
14-25
14-23
FIREMEN'S RELIEF ASSOCIA-
TION-Cont'd.
Insurance, limitations on .........
Officers specified . . . . . . . . . . . . . .
Records . . . . . . . . . . . . . . . . .
Statutory limitation on use of funds
Treasurer, bond of . . . . . . . . .
FIRES
Burning of garbage, rubbish .....
Command at . . . . . . . . . . . . . . .
Emergency proclamation
See: CIVIL EMERGENCIES AND
DISASTERS
False fire alarms ...............
Removal of wires, turning off current
FIREWORKS
Dealing in, using, etc. ............
Defined . . . . . . . . . . . . . . . . . . . .
Exceptions to provisions ..........
Liability insurance required for dis-
play .........................
Manufacture . . . . . . . . . . . . . . . . . . . . . .
Nuisance
Declared; abatement .........
Storage, selling, dealing in .....
Unfired fireworks, disposal
Violations, seizure ............
FIRM
Person defined re
FLAMMABLES
Fire prevention code
See: FIRE PREVENTION CODE
Open fires . . . . . . . . . . . . . . . . . . . . . . . .
FLEA MARKETS
Temporary uses ...........
See: ZONING
FLOOD PLAINS
Subdivision regulations . . . . . . . . .
See: SUBDIVISIONS
Zoning district requirements
See: ZONING
FLOOD PREVENTION AND CON-
TROL
Flood protection works
Building permits
Withholding of grade sheet or
City engineer to review plans for
construction or excavation ...
Appeals from decisions of . . . . . .
Findings .......................
Grade sheet or building permit
Withholding ..................
Permit for construction or excava-
tion
Issuance or denial . . . . . . . . . . . . .
Restricted or conditional permit
SALINA CODE
Section
14-26
14-18
14-20
14-23
14-21
34-32
14-4
10-39 et seq.
25-84
8-82
14-53
14-51
14-56
14-54
14-52
14-58
14-53
14-55
14-57
1-2(16)
14-1 et seq.
14-77
42-59
36-1 et seq.
42-426 et seq.
15-20
15-17
15-21
15-16
15-20
15-18
15-19
FLOOD PREVENTION AND CON-
TROL--Cont'd.
General ordinances applicable
Lands included in corporate limits . .
Manager, duty. . . . . . . . .. . . . . . . . . . .
Police powers extended to system
Regulations, preparation ..........
Trespassing on, damaging, interfer-
ing with property .......
FLOODS
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
FLOORS
Spitting on floors in public places
FLOWERS, PLANTS, ETC.
Animals destroying in parks ......
FLUORIDATION
Water supply fluoridation authorized
FLY BREEDING AREAS
Animal nuisances .................
FOLLOWING. See: PRECEDING,
FOLLOWING
Section
15-3
15-2
15-5
15-1
15-5
15-4
10-39 et seq.
25-5
27-17
41-42
7-31
FOOD AND FOOD SERVICES
Entertainment in food establishments
Alcoholic liquor, serving .. . . . . . . .
Disorder, gambling . . . . . . . . . . . . . .
Gambling .............
Hours limited
Licenses
Applications . . . . . . . . . .
Approval .. . . . . . . . . . . . . .
Denial . . . . . . . . . . . . . . .
Fees ... .. .............
Issuance .. . . . . . . . . . . . . . . .
Required .....................
Revocation ...................
Suspension ...............
Sunday operations . . . . . . . . .
Private clubs (Liquor) ............
See: ALCOHOLIC BEVERAGES
Provisions reserved .............. Chap. 16(Notes)
6-77
6-77
6-77
6-76
6-87
6-89
6-89
6-88
6-90
6-86
6-92
6-91
6-76
5-116 et seq.
FORTUNE TELLERS
Licensing of amusements, generally 6-1
See: AMUSEMENTS AND EN-
TERTAINMENT
FOWL. See: ANIMALS AND FOWL
FRANCHISES
Certain provisions saved from repeal 1-5
Kansas power and light company
Electric franchises, Art. I of App.
B
Natural gas franchise, Art. II of
App. B
3602
e
e
e
-
e
FRANCHISES-Cont'd.
Oil and gas drilling, etc. ..........
See: OIL AND GAS
Salina cable TV system, Art. III of
App. B
Southwestern Bell Telephone Com-
pany, Art. IV of App. B
FRAUD
Library books or property, stealing
or taking . . . . . . . . . . . . . . . . . . . . .
Obtaining property by false pre-
tenses, etc. ...................
Theft in general. See: THEFT
FREEZER LOCKERS
Abandoned iceboxes, etc.
FREIGHT VEHICLES
Exemptions ......................
Licenses
Contents .......................
Display ........................
Fees.......................... .
Issuance .......................
Required .........,.......,.....
Revocation ...............,.....
Vehicles for hire generally. See: VE-
HICLES FOR HIRE
Violations ........................
FRUITS, VEGETABLES, PRODUCE,
ETC.
Peddlers, licensing of . . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERS
AND SOLICITORS
Stealing, entering enclosure, carry-
ing away ....................
FUEL
Liquefied petroleum gases ........
See: FIRE PREVENTION CODE
FUNERAL HOMES
Home occupations regulated
See: ZONING
FUNERAL PROCESSIONS
Traffic regulations . . . . . . . . . . . . . , . .
See: TRAFFIC
G
GAMBLING
Carnivals, etc. .............,......
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
Devices, tables, places, keeping ....
Food establishment entertainments,
etc., places of . . . . . . . . . . . . . . . . .
Leasing premises for .. . . . . . . . . . . . .
Lotteries .........................
Permitting on premises . . . . . . . . . . . .
CODE INDEX
Section
26-1 et seq.
19-2
25-62
25-101
40-16
40-28
40-29
40-27
40-28
40-26
40-30
40-17
28-1 et seq.
25-63
14-66 et seq.
42-60
38-101 et seq.
6-18
25-177
6-77
25-179
25-182
25-178
GAMBLING-Cont'd.
Places declared nuisances
Abatement .....................
Forfeiture of devices ............
Poolrooms, in .............. . . . . . . .
Prohibition, generally ............
Punchboards . . . . . . . . . . . . . . . . . . . . . .
Condemnation, destruction upon
conviction ..................
Seizure and confiscation .........
Slot machines ....................
Destruction . . . . . . . . . . . . . . . . . . . . .
Seizure and confiscation .........
Taxicabs used for illegal purposes
GAMEROOMS
Arcades ..........
See: ARCADES
GAMES OF CHANCE
Gambling prohibitions
See: GAMBLING
GARAGE SALES
Temporary uses
See: ZONING
GARBAGE AND TRASH
Additional regulations authorized,
when....................... .
Animal yards, structures, and pens
Proper maintenance of ..........
Burning of garbage ...............
Collection, frequency ..............
Commercial enterprises, storage by .
Containers
Cleaning .......................
Prevention of spillage ..........
Contracts for service to dwellings . . .
Debris, junk, discarded building ma-
terials
Demolition, removal, or relocation
of buildings ................
See: BUILDING CODE
Definitions .......................
Discontinuance of service
Delinquent bills .................
Draining, wrapping required, when .
Dwellings
Contracts for service to .........
Fire hydrants, creating obstruction to
Frequency of collection ...........
Housing code requirements ........
See: HOUSING
Landfills, solid waste disposal areas
See herein: Solid Waste Disposal
Areas
Licenses
Private haulers .................
See herein: Private Haulers
Manner of disposal to be approved ..
3603
Section
25-180
25-181
6-158
25-176
25-183
25-184
25-185
25-183
25-184
25-185
40-70
6-106 et seq.
25-176 et seq.
42-59
34-52
7-58
34-32
34-20
34-29
34-24
34-31
34-37
8-351 et seq.
34-16
34-36
34-30
34-37
14-2
34-20
18-1 et seq.
34-81 et seq.
34-61 et seq.
34-18
GARBAGE AND TRASH-Cont'd.
Nuisances enumerated and prohibited
Occupants of dwellings, premises,
etc.
General duties ..................
Person responsible fails to remove
from premises
Removal by city ................
Persons authorized to collect and dis-
pose of refuse ................
Private haulers
Licenses
Applications . . . . . . . . . . . . . . .
Approval .....................
Exemptions ..................
Fees .. .. .. .............. ...
Issuance, contents of licenses ..
Liability insurance ............
Registration decals for vehicles
Required .....................
Revocation ...................
Transfer of ..................
Standards for transportation and
vehicles ...................
Public right-of-way
Unlawful to store refuse, etc., on
Refuse collection and sanitary land-
fill
Rules and regulations ...........
Service charges ................
Regulations
Authority to adopt . . . . . . . . . . . . . .
Removal by city, when. . . . . . . . . . . .
Service charges and fees
Billing for, when bill due and pay-
able .......................
Delinquent bills .................
Discontinuance of service for de-
linquency ..................
Refuse collection and sanitary
landfill ....................
Rules and regulations ..........
Solid waste disposal area ........
Solid waste disposal area
Establishment ..................
Removal of objects . . . . . . . . . . . . . .
Rules and regulations ..........
Service fees ....................
Use restricted ..................
Spillage
Prevention of spillage from trash
containers ..................
Storage areas, cleanliness of .......
Storage facilities
Adequacy of . . . . . . . . . . . . . . . . . . . .
Vermin proof required ..........
Unoccupied premises, disposal from .
Unusual situations ................
Vehicle standards. . . . . . . . . . . . . . . . .
Section
24-2
34-17
34-21
34-19
34-62
34-62
34-61
34-65
34-64
34-63
34-66
34-61
34-68
34-67
34-51
34-26
34-34
34-34
34-38
34-21
34-35
34-36
34-36
34-34
34-34
34-85
34-81
34-84
34-83
34-85
34-82
34-31
34-28
34-27
34-25
34-22
34-33
34-51
SALINA CODE
GARBAGE AND TRASH-Cont'd.
Vehicles for private hauler ........
See herein: Private Haulers
Vehicles hauling garbage and trash.
See: GARBAGE AND TRASH
Vermin
Storage to be inaccessible to, ap-
proved .....................
GAS
Fire prevention code
See: FIRE PREVENTION CODE
Franchises, Art. II of App. B
Liquefied petroleum gases ........
See: FIRE PREVENTION CODE
Mobile home park distribution sys-
tems, etc. . . . . . . . . . . . . . . . . . .
Oil and gas mining, drilling, etc. ..
See: OIL AND GAS
Public utility provisions
See: UTILITIES
GAS ATTACK
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
GAS CODE
Mobile home regulations ..........
See: MOBILE HOMES AND
TRAILERS
Other technical codes. See: TECH-
NICAL CODES
GAS FITTERS. See also: PLUMBERS;
PLUMBING, ETC.
Bond requirements ................
Extension of plumbing license, etc.
Certificates of qualification
Applications ....................
Fee to accompany ............
Forfeiture of fees ..........
Bond and insurance .............
Examination required, nature. . . .
Renewal not subject to examina-
tion fee ..................
Issuance .......................
Fee......................... .
Issuance of license .............
Registration, fee ...............
Renewal .......................
Fee .........................
Required ....... . . . . . . . . . . . . .
Exemption from new contractor fees
Insurance requirement ............
Extension of plumbing license, etc.
Licenses
Bond and insurance .............
Certificate, renewal ............
See herein: Certificates of Quali-
fication
3604
Section
34-51 et seq.
34-51 et seq.
34-25
14-1 et seq.
14-66 et seq.
22-23
26-1 et seq.
31-1 et seq.
10-39 et seq.
22-18
8-268
8-269
8-257
8-258
8-259
8-268
8-260
8-266
8-261
8-265
8-263
8-262
8-264
8-265
8-256
8-297
8-268
8-269
8-268
8-264
e
e
e
e
e
GAS FITTERS-Cont'd.
Current license prerequisite to per-
mit ........................
Expiration, renewal .............
Extension of plumbing license,
bond and insurance . . . . . . . .
Issuance .....................
Permits
Current license prerequisite to
Plumbers' regulations .........
See: PLUMBERS
Registration of certificate, fee
GAS GUNS
N on powder propelled guns ...
Weapons in general. See: FIRE-
ARMS AND WEAPONS
GAS LINES
Service pipes, etc., ahead of paving
See: STREETS AND SIDE-
WALKS
GAS, SOOT OR CINDERS
Nuisances enumerated and prohibited
GASOLINE
Fire prevention code ...........
See: FIRE PREVENTION CODE
GEMS
Precious metals dealers, etc. ..
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
GENDER
Word usage for interpreting code
GOATS
Animal regulations . . . . . . . . . .
See: ANIMALS AND FOWL
GOING-OUT-OF-BUSINESS SALES
Goods which may be advertised ....
Licenses
Applications ... . . . . . . . . . . . . . . . . .
Fees.. .. ........ ...............
Required .....................
Time limitation . . . . . . . . . . . . . .
Waiting period .................
GOLD AND SILVER
Precious metals dealers, etc. ......
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
GRADE SHEET
Withholding relative to flood preven-
tion and control . . . . . . . . . . . . . . .
GRADES OF PUBLIC WAYS
Certain provisions saved from repeal
CODE INDEX
Section
8-267
8-264
8-269
8-263
8-267
8-201 et seq.
8-262
25-120
35-176 et seq.
24-2
14-1 et seq.
33-16 et seq.
1-2 (7)
7-1 et seq.
32-16
32-27
32-28
32-26
32-29
32-30
33-16 et seq.
15-20
1-5
GRAFFITI
Obscene writings, picture on struc-
tures . . . . . . . . . . . . . . . . . . . .
Obscenity regulations. See: INDE-
CENCY AND OBSCENITY
GRASS FIRES
Open fires ........
GRAVEYARDS. See: CEMETERIES
GREASE TRAPS
Plumbing code adopted
See: PLUMBING CODE
GREENS FUEL
Liquefied petroleum gases
See: FIRE PREVENTION CODE
GROOMING SHOPS (Animals)
Commercial animal establishment,
defined . . . . . . . . . . . . . . . . . . . .
GROUP DAY CARE CENTERS
Home occupations regulated
See: ZONING
GUARD-DOG SERVICE
Commercial animal establishment de-
fined
GUARDS
Merchant or private policemen
See: MERCHANT OR PRIVATE
POLICEMEN
GUEST TAX. See: TRANSIENT
GUEST TAX
GYPSUM HILL CEMETERY
Management ..
See: CEMETERIES
H
HANDBILLS
Advertising matter, distributing.
See: ADVERTISING
HANDICAPPED PERSONS
Deaf and blind persons
Animals trained to assist, etc.
Equal opportunity, affirmative ac-
tion policy . . . . . . . .
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
Impersonating ..
HARASSMENT
Telephone misuse
HA WKING
Peddlers, licensing of . . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERS
AND SOLICITORS
3605
Section
25-166
14-77
8-176 et seq.
14-66 et seq.
7-1(7)
42-60
7-1(7)
30-16 et seq.
9-1
3-1 et seq.
7-55
13-1 et seq.
38-25
25-43
28-1 et seq.
HEALTH AND SANITATION
Beer parlors, etc. .........
City-county board of health
Appointment, terms, etc. ..
Budget . . . . . . . . . . . . . . . . . . . . . . . . .
Expenditures
Officers
Organization
Powers and duties
Termination of ................
Demolition, removal, or relocation of
buildings
See: BUILDING CODE
Department of public health
J oint resolution, to be prescribed by
Other departments. See: DEPART-
MENTS AND OTHER AGEN-
CIES OF CITY
Food service provisions reserved
Health department, defined
Health officer, defined
Nuisances
See: NUISANCES
Persons owning animals, responsi-
bilities
Animals in general. See: ANI-
MALS AND FOWL
Solid waste disposal
See: GARBAGE AND TRASH
Water and sewer facilities
Approval for zoning purposes ...
Generally. See: WATER AND
SEWERS
HEARINGS
Board, committee hearings, etc. See
specific boards, committees, etc.
Housing board . . . . . . . . .
See: HOUSING
Zoning changes ..
See: ZONING
SALINA CODE
Section
5-77
17 -16
17-19
17-19
17-18
17-16
17-17
17 -20
8-351 et seq.
2-121
. . Chap. 16(Notes)
17-1
17-2
24-1 et seq.
7 -46 et seq.
34-16 et seq.
42-62
18-24
42-24
HEA TING
Housing code requirements ........ 18-1 et seq.
See: HOUSING
HEDGES. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
HEREDITAMENTS
Real property defined re .......... 1-2(20)
Property in general. See: PROP-
ERTY
HERITAGE CONSERVATION DIS-
TRICT
Zoning regulations .... . . . . . . . . . . . . 42-456 et seq.
See: ZONING
HIGHWAYS
Street defined re . . . . . . . . . . . . . . . . . . 1-2(23)
Public ways in general. See:
STREETS AND SIDEWALKS
HORNS AND SIGNALING DEVICES
Motor vehicles sounding ..........
See: TRAFFIC
HORSES
Animal regulations . . . . . . . . . . .
See: ANIMALS AND FOWL
HOSPITALS
Accident, knife or pistol wounds, etc.
Duty to report .................
Animal hospital, defined ..........
See: ANIMALS AND FOWL
City-county board of health .......
See: HEALTH AND SANITA-
TION
Home occupations regulated . . . . . . . .
See: ZONING
HOSTILE MILITARY, ETC., AC-
TIONS
Emergency proclamation ......
See: CIVIL EMERGENCIES AND
DISASTERS
HOTELS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
Food service provisions reserved ... Chap. 16(Notes)
Transient guest tax. . . . . . . . . . . . . . . 37-16 et seq.
See: TRANSIENT GUEST TAX
HISTORICAL AREAS
Heritage conservation districts ....
See: ZONING
HOBBY BREEDER
Defined . . . . . . . . . .
Breeding of animals in general.
See: ANIMALS AND FOWL
Home occupations regulated ......
See: ZONING
HOGS
Animal regulations . .
See: ANIMALS AND FOWL
HOISTS AND DUMBWAITERS
Elevators, installation, etc.
See: ELEVATORS AND ELEVA-
TOR INSTALLATIONS
HOLIDAYS
Observance . . . . . . . . . . . .
Parking meters not operated on
HOME CRAFTS
Home occupations regulated
See: ZONING
HONEYBEES
Keeping of bees
3606
Section
42-456 et seq.
7 -1 (11)
42-60
7-1 et seq.
8-426 et seq.
1-14
38-58
42-60
7-34
38-155
7-1 et seq.
25-6
7-1(2)
17-16 et seq.
42-60
10-39 et seq.
13-1 et seq.
e
e
e
e
e
BOUSE MOVING
Moving buildings through public
ways....................... .
See: STREETS AND SIDE-
WALKS
Removal or relocation of building
See: BUILDING CODE
BOUSE-TO-HOUSE SALESMEN
Peddlers, licensing of .............
See: PEDDLERS, CANVASSERS
AND SOLICITORS
HOUSE TRAILERS. See: MOBILE
HOMES AND TRAILERS
HOUSING
Access . . . . . . . . . . . . . . . . . . . . . .
Administration and enforcement
Inspection authorized ...........
Notification and right of entry. . .
Occupant to give owner access,
when............,........ .
Other administrative provisions.
See elsewhere herein specific
subjects
Responsibility for enforcement ...
Appeals. See herein: Housing Ad-
visory and Appeals Board
Artificial light and ventilation
Basements
Basement and cellar dwelling units
Defined ........................
Occupancy . . . . . . . . . . . . . . . . . . . . . .
Bathing facilities
Generally ......................
Bathrooms
Lighting of toilets and bathrooms
Building official
Defined ........................
Responsibility for enforcement
See also herein: Administration
and Enforcement
Service of complaint or order ....
Ceiling heights ...................
Cellar
Basement and cellar dwelling units
Defined ........................
Occupancy . . . . . . . . . . . . . . . . . . . . . .
Code for abatement of dangerous
buildings .....................
See: BUILDING CODE
Complaints, service ...............
Compliance ......................
Condemnation
Unfit dwellings .................
Corridor, lighting ................
Definitions .......................
Demolition
Order to repair, remove or de-
molish ....................
Procedure ......................
CODE INDEX
Section
35-61 et seq.
8-351 et seq.
28-1 et seq.
18-78
18-23
18-23(b)
18-23(c)
18-21
18-64
18-67
18-4(1)
18-62
18-69
18-76
18-4(2)
18-21
18-30
18-68(a)
18-67
18-4(3)
18-62
8-331
18-30
18-2
18-26
18-66(b)
18-4
18-27
18-28
HOUSING-Cont'd.
Doors and windows . . . . . . . . . . . . . . . .
Drainage of yards and courts, etc. ..
Driveway and sidewalk construction
Dry hopper sewers, etc. ...........
Dwelling, defined .................
Dwelling unit, defined ............
Dwellings
Use and occupancy. See herein
specific subjects
Electric lights
Installation, maintenance
Enforcement ..,..........
See herein: Administration and
Enforcement
Equal opportunity, affirmative ac-
tion policy . . . . . . . . .
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
Floor area and ceiling height
Floors, stairways, dnors, porches, etc.
Maintenance and repair . . . . . . . . . .
Furnace room, lighting ............
Garages, attached garages .,......
Garbage and trash receptacles .....
Garbage, defined .................
Habitable dwelling, defined ........
Habitable room, defined ...........
Hallways, ventilating .............
Heating facilities
Water heating facilities .........
Heating of dwellings ..............
Housing advisory and appeals board
Appeals from decisions .. . . . . . . . .
Decisions ......................
Evidence ,......................
Failure to appeal, effect ........
Form of appeal . . . . . . . . . . . . . . . . .
Generally . . . . , . . . . . . . . . . . . . . .
Hearing, scope of ..............
Conduct of hearing . . . . . . . . . . . .
Procedure for conduct . . . . . . . . .
Official notice . . . . . . . . . . . . . . . .
Procedure ......................
Right of appeal ................
Stay order .....................
Subpoenas .. . . . . . . . . . . . . . . . . . . . .
Infestation, defined . . . . . . . . . . . . . . . .
Inspections
Authorization ..................
Kitchen sinks. . . . . . . . . . . . . . . . . . . . .
Laundry rooms
Lighting .......................
Lavatory facilities ................
Leaking roofs . . . . . . . . . . . . . . . . . . . . .
Lighting
Babital rooms ..................
Maintenance and repair ...........
Means of access ..................
Mechanical ventilation ............
3607
Section
18-65
18-79
35-121 et seq.
18-75
18-4(4)
18-4(5)
18-66(c)
18-21 et seq.
13-1 et seq.
18-68
18-7
18-66(b)
18-80
18-77
18-4(6)
18-4(7)
18-4(8)
18-64( e)
18-72
18-63
18-47
18-46(e)
18-46 (d)
18-43
18-42(6)
18-41
18-44
18-46( d)
18-46
18-46(7)
18-42
18-42(a)
18-45
18-46( c)
18-4(9)
18-23
18-71
18-66(b}
18-73
18-7
18-66
18-7
18-78
18-64(c)
HOUSING-Cont'd.
Minimum housing code
Provisions cited ................
Multiple dwelling, defined .........
Natural light and ventilation. . . . . . .
N ondwelling areas
Attached garages and nondwelling
areas ......................
Nuisances
Violations declared .............
Numbering of buildings ...........
See: STREETS AND SIDE-
WALKS
Occupancy regulations ............
See also herein specific subjects
Occupant, defined ................
Operator, defined . . . . . . . . . . .
Order to vacate
Unfit dwellings . . . . . . . . . .
Owner, defined ...................
Owners, occupants, etc.
Responsibilities, generally
Placarding unfit dwellings ........
Plumbing
Defined ........................
Maintenance ................... .
Policy and purpose declared .......
Porch, lighting ...................
Privies . . . . . . . . . . . . . . . . . . . . . . . . . . .
See also herein: Toilets
Rain water leaking . . . . . . . . . . . . . . . .
Refuse, defined ..................
Removal
Order to repair, remove or demolish
Reoccupancy of unfit dwellings ....
Repair and maintenance ..........
Order to repair, remove or de-
molish .....................
Procedure for repairs or demolition
Rodents and pests
Infestation, defined .............
Roof, maintenance ................
Rooming house, defined ...........
Rooming unit, defined .............
Short title .. . . . . . . . . . . . . . . . . . . . . . .
Sidewalk construction .............
See: STREETS AND SIDE-
WALKS
Sleeping areas
Ventilation .....................
Supplied, defined . . . . . . . . . . . . . . . . . .
Temporary housing
D~n~ ........................
Tents, trailers, etc.
Temporary housing, defined . . . . . .
Toilets
Lighting of toilets and bathrooms
Providing ......................
Trash, combustible
Defined ........................
SALINA CODE
Section
18-1
18-4(10)
18-64
18-80
18-5
35-101 et seq.
18-61 et seq.
18-4(11)
18-4(12)
18-26(2)
18-4(13)
18-6
18-26(2)
18-4(14)
18-74
18-3
18-66(b)
18-75
18-7
18-4(15)
18-27
18-26(3)
18-7
18-27
18-28
18-4(9)
18-7
18-4(16)
18-4(17)
18-1
35-121 et seq.
18-64(f)
18-4(18)
18-4(19)
18-4(19)
18-76
18-70
18-4(20)
HOUSING-Cont'd.
Trash, noncombustible
Defined ........................
Unfit dwellings
Conditions making structures unfit
for human use, etc. .........
Designation, condemnation ......
Emergency abatement ..........
Use and occupancy regulations .., . .
Applicability ...................
Scope ..........................
See also herein specific subjects
Vent shaft, ventilation and light
Violations
Notice
Contents, service .............
Required .....................
Nuisance declared. . . . . . . . . . . . . . .
Water closets ....................
Water heating facilities ...........
Windows and doors ...............
Windows, skylights, chimneys, toi-
lets, etc.
Maintenance and repair ........
Words and phrases, meaning of ....
HUMAN RELATIONS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
HUMANE OFFICER
Defined ..........................
Animal shelter regulations, etc.
See: ANIMALS AND FOWL
HUMANELY EUTHANIZE
Defined ..........................
Disposition of animals in general.
See: ANIMALS AND FOWL
HYDROGEN BOMB ATTACKS
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
HYDROPHOBIA
Rabies vaccination of cats and dogs
Dogs and cats in general. See:
ANIMALS AND FOWL
I
ICE CREAM VENDORS
Peddlers, licensing of .............
See: PEDDLERS, CANVASSERS
AND SOLICITORS
ICE SKATING RINKS
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
3608
Section
18-4(21)
18-29
18-26
18-31
18-61 et seq.
18-61
18-61
18-64(d)
18-25
18-23
18-5
18-75
18-72
18-65
18-7
18-4(22)
13-1 et seq.
7-1(14)
7-1(15)
10-39 et seq.
7-54
28-1 et seq.
6-1
e
e
e
-
e
IMPERSONATION
Impersonating personnel of city
IMPROVEMENTS. See: PUBLIC
WORKS AND IMPROVEMENTS
INCAPACITATED PERSONS. See
also: HANDICAPPED PERSONS
Impersonating ...................
INCINERA TORS
Open fires
INDEBTEDNESS OF CITY
Certain provisions saved from repeal
INDECENCY AND OBSCENITY
Carnivals, circuses, tent shows, etc.
Lewd, indecent, obscene perform-
ances ................
Obscene material, pornography, etc.
Lewd, indecent shows, exhibitions
Obscene literature
Generally ..........
Indecent, immoral pictures, post
cards ..........
Magazines, books, periodicals,
etc.
Requiring purchase of ..
Obscene writings, pictures on
structures ........
Prohibited . . . . . . . . . . . . .
Publication, distribution
Requiring purchase of maga-
zines, etc.
Test for . . . . . . . . . . . .
Obscene writings, pictures on
walls, etc. ..............
Obscene telephone calls ..
Peeping toms . . . . . . . . . . . . .
Poolrooms, disorderly conduct in
Sex offenses
Bawdy houses .........
Houses of ill fame, frequenting
Indecent exposure
Lewd act, prostitution, perversion
Committing, offering to commit
Pimps and procurers ........
Prostitute, obtaining ........
Prostitution, fornication, concubin-
age
Procuring, inducing female per-
sons for ..... . . . . . . . . . . . . .
Street walking . . . . . . . . . . . . . . . . . .
Taxicabs used for immoral pur-
poses ....... . . . . . . . . . .
INDEMNIFICA TION
Bonds and insurance of contractors,
licensees, etc. ................
CODE INDEX
Section
25-27
38-25
14-77
1-5
6-19
25-161
25-162
25-165
25-164
25-166
25-162(a)
25-163
25-164
25-162(b)
25-166
25-43
25-136
6-157
25-146
25-149
25-148
25-147
25-150
25-149
25-151
25-152
40-69
2-3
3609
INDEMNIFICA TION-Cont'd.
Indemnification for liability
Authority ......................
Expense
Defined ......................
Requirements for payment . . . . .
Revocation of authorization " . .
Finding of facts ............
Investigations .... . . . . . . . . .
Majority approval of board re . . . .
INDIAN RACE
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
INDIVIDUALS
Applicable definitions
INFECTED TREES
Diseased trees and shrubs .........
See: TREES AND SHRUBBERY
INFECTIOUS DISEASES. See: DIS-
EASE CONTROL
INFLAMMABLES
Fire prevention code ..............
See: FIRE PREVENTION CODE
Open fires .........
INJURIES
Indemnification and liability
See: INDEMNIFICATION
INOCULATION
Rabies vaccination of dogs and cats .
INSECT CONTROL
Bees, keeping . . . . . . . . . . . . . . . . . . . . .
Garbage storage to be inaccessible
to vermin ...............
Housing code requirements
See: HOUSING
Nuisances enumerated and prohibited
Proper maintenance of animal yards,
etc. . . . . . . . . . . . . . . . .
See: ANIMALS AND FOWL
INSURANCE
Advertising sign business . . . . . . . . . .
Contractors, licensees, etc. .........
Elevator contractors ..............
Firemen's relief association provi-
sions, limitation ..............
Fireworks displays .. . . . . . . . . . . . . . .
Mechanical contractors ............
See: MECHANICAL CONTRAC-
TORS
Merchant police service business .. . .
See: MERCHANT OR PRIVATE
POLICE
Section
2-76
2-77
2-79
2-80
2-78
2-78
2-81
13-1 et seq.
42-616
39-51 et seq.
14-1 et seq.
14-77
2-76 et seq.
7-54
7-34
34-25
18-1 et seq.
24-2
7-58
8-385
2-3
8-436
14-26
14-54
8-295
34-41
INSURANCE-Cont'd.
Mobile home contractor's license re-
quirements ........
Oil and gas drilling, etc. .
See: OIL AND GAS
Plumbers . . . . . . . . . . . . . . . . . . . . .
Sign business . . . . . . . .
Tree trimmers and treaters
INSTITUTIONS
Loitering or trespassing on private
property . . . . . . . . .
INTERSECTIONS
Tree trimming regulations
See: TREES AND SHRUBBERY
INTERSTATE COMMERCE
City licenses do not affect
"IN THE CITY"
Defined . . . . . . . .
INTOXICA TION
Cereal malt beverage premises
Public intoxication . . . . . . . .
See: ALCOHOLIC BEVERAGES
INUNDATION
Flood protection works
See: FLOOD PREVENTION AND
CONTROL
INVESTIGATIVE PROCEEDINGS
Indemnification and liability
See: INDEMNIFICATION
INVESTMENTS
Firemen's relief association funds
See: FIREMEN'S RELIEF ASSO-
CIATION
Temporarily idle funds ............
See: FINANCES
IRRIGA TION
Flood protection works
See: FLOOD PREVENTION AND
CONTROL
ITINERANT MERCHANTS
Peddlers, licensing of . . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERS
AND SOLICITORS
J
JACKASSES
Animal regulations . . . . . . . . . . . . . . . .
See: ANIMALS AND FOWL
JAIL. See: PRISONS AND PRISON-
ERS
SALINA CODE
Section
22-60
26-1 et seq.
8-219
8-384
39-34
25-86
39-1 et seq.
20-20
1-2(8)
5-75
25-83
15-16 et seq.
2-76 et seq.
14-54
2-161 et seq.
15-16 et seq.
28-1 et seq.
7-1 et seq.
JEWELRY
Precious metals dealers, etc.
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
JOINT AUTHORITY
Construed . . . . . . . . . . . . . . . . .
JOINT CITY-COUNTY RESOLU-
TIONS OR ORDINANCES
Certain provisions saved from repeal
JOINT OWNER
Owner defined re
JOURNEYMEN ELECTRICIANS
Electrical mechanics ..............
See: ELECTRICAL MECHANICS
JUDGMENTS
Indemnification and liability .......
See: INDEMNIFICATION
JUKEBOXES
Music machines ..
See: MUSIC MACHINES
JUNK AND JUNK DEALERS
Automobile junk dealers, classifica-
tion . . . . . . . . . . . . . . . . . . . . . .
Automobile junk parts dealers, classi-
fication .....................
Inoperable vehicles on roadway
See: TRAFFIC
Junk buyers, classification
Junk collectors, classification
Junk dealer's classification ........
Junk, defined ....................
Licenses
Additional license for separate
places of business ..........
Applications .. . . . . . . . . . . . . . . . . . .
Submission, approval .........
Classification of licensees ......
Collector's license required for each
vehicle .....................
Fees ... .. . .. ...
Required .. . . . . . . . . . . . . . .
Scope . . . . . . . . . . . . . . . . .
Suspension, revocation ........
Nuisances enumerated and prohibited
Paper junk dealers, classification . . .
Reports to police . . . .. ............
Storage regulations ..............
Storing junk at unlicensed locations
Time articles must be kept ........
Wrecking yards
Classification of licensees .......
JURISDICTION
Police powers extended over airport
Police powers extended to city prop-
erty ...................
JUVENILES. See: MINORS
3610
Section
33-16 et seq.
1-2(9)
1-5
1-2(15)
8-131 et seq.
2-76 et seq.
6-131 et seq.
33-49(5)
33-49(6)
38-81 et seq.
33-49(2)
33-49(3)
33-49(1)
33-36
33-53
33-47
33-48
33-49
33-52
33-50
33-46
33-51
33-54
24-2
33-49( 4)
33-39
33-38
33-37
33-39
33-49
4-1
1-12
e
e
e
-
e
K
KANSAS STANDARD TRAFFIC OR-
DINANCE
Adoption ........................
See: TRAFFIC
KANSAS, STATE OF. See: STATE
KENNELS
Defined ..........................
Animal kennels, etc. See: ANI-
MALS AND FOWL
Home occupations regulated
See: ZONING
KENO
Gambling prohibitions
See: GAMBLING
K.S.A.
Kansas statutes abbreviations con-
strued ......................
L
LABOR RELATIONS
Equal opportunity, affirmative ac-
tion policy ............
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
LAKES
Nuisances enumerated and prohibited
LAND
Charter ordinance No. 20
See: CHARTER ORDINANCES
Flood protection works ............
See: FLOOD PREVENTION AND
CONTROL
Municipal property. See: PROP.
ERTY
Owner defined re .................
Real property defined re ..........
Property in general. See: PROP-
ERTY
Subdivision regulations ...........
See: SUBDIVISIONS
Tenant, occupant, etc., construed re
LANDMARKS
Heritage conservation district .....
See: ZONING
LANES
Street defined re .................
Public ways in general. See:
STREETS AND SIDEWALKS
LATIN AMERICANS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
CODE INDEX
Section
38-1
7 -1 (17)
42-60
25-176 et seq.
1-2(10)
13-1 et seq.
24-2
15-16 et seq.
1-2(15)
1-2(20)
36-1 et seq.
1-2(24)
42-456 et seq.
1-2(23)
13-1 et seq.
LAVATORY FACILITIES
Housing code requirements
See: HOUSING
LA W DEPARTMENT
City attorney and assistants
Duties of assistants ...... . . . . . . .
Duties of city attorney .........
Qualifications ..................
Other departments of city. See: DE-
P ARTMENTS AND OTHER
AGENCIES OF CITY
LA WSUlTS. See: SUITS AND PLEAS
LA WYERS
City attorney and assistants
See: CITY ATTORNEY
Home occupations regulated
See: ZONING
LEAFLETS, PAMPHLETS, ETC.
Advertising matter, distributing . . . .
See: ADVERTISING
LEASING, RENTALS, ETC.
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
LEGAL HOLIDAYS. See: HOLIDAYS
LIABILITY
Contractor's bonds, insurance, etc. . .
Indemnification ..................
See: INDEMNIFICATION
LIABILITY INSURANCE
Fireworks displays ...............
Oil and gas drilling, etc. ..........
See: OIL AND GAS
Private refuse haulers ............
See: GARBAGE AND TRASH
LIBRARY
Books
Damaging . . . . . . . . . . . . . . . . . . . . . .
Failing to return after notice ....
Stealing, taking ................
Damage to books or property ......
Loitering or trespassing on certain
grounds ......................
Use of library ....................
LIBRARY BOARD
Appointment .....................
Budgets and tax levies ............
Chairman, secretary, treasurer
Election of .....................
Compensation of members .........
Composition ......................
Corporate status, title, powers .....
Mayor as ex officio member, powers
3611
Section
18-1 et seq.
2-108
2-107
2-106
2-106 et seq.
42-60
3-1 et seq.
13-1 et seq.
2-3
2-76 et seq.
14-54
26-1 et seq.
34-63
19-4
19-3
19-2
19-4
25-86
19-1
19-22
19-38
19-32
19-29
19-21
19-30
19-24
SALINA CODE
Section
8-131 et seq.
LICENSES AND PERMITS-Cont'd.
Electrical mechanics ..............
See: ELECTRICAL MECHANICS
Elevator contractors ..............
See: ELEVATOR CONTRACTORS
Elevator permits and inspections ..
See: ELEVATORS AND ELEVA-
TOR INSTALLATIONS
Excavation permits ........
See: STREETS AND SIDE-
WALKS
Existing zoning permits
See: ZONING
Fees
Administrative provisions relative
to . . . . . . . .
Board of commissioners to deter-
mine, etc. ...........
Fees for permits when not obtained
in time . . . . . . . . . . .
Fence permits . . . . . . . . .
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
Gas fitters . . . . . . . . .
See: GAS FITTERS
Going-out-of-business sales ........
See: GOING-OUT-OF-BUSINESS
SALES
House moving, special permits, etc. .
See: STREETS AND SIDE-
WALKS
Jukeboxes
See: MUSIC MACHINES
Junk and junk dealers. . . . . . .
See: JUNK AND JUNK DEAL-
ERS
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
Loudspeakers . . . . . . . . . . . . . .
Mechanical contractors . . . . . . . . . .
See: MECHANICAL CONTRAC-
TORS
Mechanical permits and inspections
See: MECHANICAL CONTRAC-
TORS
Merchant or private policemen .....
See: MERCHANT OR PRIVATE
POLICEMEN
Mobile home contractors and crafts-
men .......................
See: MOBILE HOMES AND
TRAILERS
Moving buildings, special permits,
etc. . . . . . . . . . . . . .
See: BUILDING CODE. See also:
STREETS AND SIDEWALKS
Music machines . . . . . . . . . . . . . . . . . . .
See: MUSIC MACHINES
Section
LIBRARY BOARD-Cont'd.
Meetings
Date, place .....................
Organization of board. . . . . . . . . . .
Special meetings
Calling . . . . . . . . . . . . . . . . . . . . . . .
Notice .......................
Officers .. . . . . . . . . . . . . . . . . . . . . . . . .
Organization .....................
Other city officers
Board members holding .........
Powers and duties . . . . . . . . . . . . . . .
Real property
Approval of board dealings in
Residence of members
Resignation, removal, etc.
Filling vacancies . . . . . . . . . . . . . . . .
Terms on board . . . . . . . . . . . . . . . . . . .
Number limited . . . . . . . . . . . . . .
Treasurer
Bond of
Duties of
Vacancies, filling . . . . . . . . .
19-33
19-32
8-436 et seq.
8-446 et seq.
19-33
19-34
19-32
19-32
35-201 et seq.
19-25
19-35
42-4
19-31
19-26
2-2
19-27
19-23
19-28
2-2
1-13
8-401 et seq.
19-36
19-37
19-27
8-256 et seq.
LICENSES AND PERMITS
Air conditioning permits ..........
See: WATER AND SEWERS
Arcades .........................
See: ARCADES
Auction and auctioneers ...........
Bee keeping permits ..............
Billiards . . . . . . . . . . . . . . . . . . . . .
See: BILLIARDS AND POOL TA-
BLES
Bonds and insurance
Contractors, licensees, etc.
Bondsmen . . . . . . . . . . . . . . . . . . . . . . . .
See: BONDSMEN
Building permits and fees .........
See: BUILDINGS (Generally)
Carnivals, circuses and tent shows . .6-17, 6-31 et seq.
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
Cats and dogs, registration ........
See: ANIMALS AND FOWL
Cereal malt beverages, etc. ........
See: ALCOHOLIC BEVERAGES
Certificate of occupancy . . . . . . . . . . .
See: ZONING
Circus permits ................ . . . .
City manager
Annual review of all fees .... . .
Dances . . . . . . . . . . . . . . . . . . . . .
See: DANCING AND DANCE
HALLS
Delinquencies
Fee for permits when not obtained
in time ....................
Electrical contractors .............
See: ELECTRICAL CONTRAC-
TORS
32-16 et seq.
41-51 et seq.
6-116 et seq.
35-61 et seq.
7.5-1
7-34
6-166 et seq.
6-141 et seq.
33-46 et seq.
2-3
23-16 et seq.
6-1
8-1 et seq.
3-5
8-291 et seq.
7 -91 et seq.
8-311 et seq.
5-66 et seq.
42-5
30-16 et seq.
6-17
2-2(b)
6-56 et seq.
22-51 et seq.
35-61 et seq.
1-13
8-111 et seq.
6-141 et seq.
3612
e
e
e
-
e
LICENSES AND PERMITS-Cont'd.
Occupational licenses (Generally. See
also specific subjects)
Age of licensees ................
Applications . . . . . . . . . . . . . . . . . . . .
Beginning business between pay-
ing dates ..................
Compliance prerequisite to license
Contents .......................
Delinquency penalty ............
Duty to carry, exhibit license ....
Exemptions
Producers, growers, etc. ......
Veterans .....................
Exhibition of license ............
Duty to carry, exhibit license ..
Fees...... .. .................. .
Recovery by suit .. . . . . . . . . . . . .
When fees due . . . . . . . . . . .
Forfeiture . . . . . . . . . . . . . . . . . .
Inspections, regulated business
subject to ..................
Interstate commerce affected . .
Issuance. . . . . . . . . . . . . . . . .
Other regulations not affected
Posting of license .......
Producers, growers, exemptions
Refunds . . . . . . . . . . . . . . . . . . . . . .
Required; compliance ...........
Separate license required for each
place of business .........
Transferability ..........
Veterans' exemption ........
Violations
Not authorized
Penalties
Oil and gas drilling, etc.
See: OIL AND GAS
Parades and processions
See: TRAFFIC
Pawnbrokers
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
Plumbers' licenses and certificates
See: PLUMBERS
Poolrooms . . . . . . . . . . . .
See: BILLIARDS AND POOL TA-
BLES
Private clubs (Alcoholic Beverages)
See: ALCOHOLIC BEVERAGES
Private garbage and trash haulers . .
See: GARBAGE AND TRASH
Public dances ....................
See: DANCING AND DANCE
HALLS
Registration of cats and dogs .. . . . .
See: ANIMALS AND FOWL
Sandblasting permits . . . . . . . . . . . . .
See: SANDBLASTING
Section
20-3
20-2
20-9
20-25
20-6
20-10
20-15
20-21
20-22
20-12
20-15
20-4
20-11
20-7
20-19
20-13
20-20
20-5
20"23
20-12
20-21
20-17
20-1
20-18
20-16
20-22
20-24
20-26
26-16 et seq.
38-101
33-16 et seq.
8-201 et seq.
6-166 et seq.
5-116 et seq.
34-61 et seq.
6-56 et seq.
7-91 et seq.
8-486 et seq.
LICENSES AND PERMITS-Cont'd.
Secondhand dealers ...............
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
Sidewalk construction ............. 35-151 et seq.
See: STREETS AND SIDE-
WALKS
Sign business license .............. 8-383
Sign permits ..................... 8-382, 42-501
See: SIGN CODE. See also: ZON-
ING
Sound trucks ....................
Streets, various construction and oth-
er permit requirements. See:
STREETS AND SIDEWALKS
Subdivision regulations ...........
See: SUBDIVISIONS
Taxicab business license
See: TAXICABS
Taxicab drivers' licenses
See: TAXICABS
Tent shows . . . . .6-17, 6-31 et seq.
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
Tree trimmers and treaters
See: TREES AND SHRUBBERY
Water and sewers, various permit re-
quirements. See: WATER AND
SEWERS
Zoning, various permit requirements,
certificates, etc. See: ZONING
CODE INDEX
Section
33-16 et seq.
3-5
36-1 et seq.
40-81 et seq.
40-106 et seq.
39-31 et seq.
LIFE INSURANCE
Firemen's relief association limita-
tions re 14-26
LIGHT AND POWER COMPANY
Franchise, Arts I and II of App. B
LIQUEFIED PETROLEUM GASES
Generally
See: FIRE PREVENTION CODE
LIQUIDATION SALES
Going-out-of-business sales
See: GOING-OUT-OF-BUSINESS
SALES
LIQUOR
Alcoholic liquor regulations
See: ALCOHOLIC BEVERAGES
LITIGATION
Lawsuits. See: SUITS AND PLEAS
LITTERING
Nuisances enumerated and prohibited
Property, generally ...............
Solid waste in general ............
See: GARBAGE AND TRASH
3613
14-66 et seq.
32-16 et seq.
5-16 et seq.
24-2
25-57
34-1 et seq.
SALINA CODE
LOADING Section
Traffic regulations re heavy vehicles,
etc. See: TRAFFIC
Zoning requirements for off-street
parking and loading . . . . . . . . . . . 42-551 et seq.
See: ZONING
LOAFERS
Parental responsibility re minors 21-17
LOCAL IMPROVEMENTS. See: PUB-
LIC WORKS AND IMPROVE-
MENTS
LODGING HOUSES
Food service provisions reserved . Chap. 16(Notes)
LOITERING
Bondsmen loitering in courtroom or
police station ................
Cereal malt beverage premises
Parental responsibility for minors ..
Public or private school or institu-
tion, on grounds . . . . . . . . . .
LOTS
Subdivision regulations
See: SUBDIVISIONS
LOTTERIES
Prohibited . . . . . . . . . . . . . . . .
See: GAMBLING
LOUDSPEAKERS AND SOUND
TRUCKS
Licenses
Prohibited hours of use ...........
LOUNGES AND CLUBS
Alcoholic beverage regulations
See: ALCOHOLIC BEVERAGES
Entertainment in food establishments
See: FOOD AND FOOD SERV-
ICES
M
MAD DOGS
Rabies vaccination of dogs and cats
Dogs and cats in general. See:
ANIMALS AND FOWL
MAGAZINE SALESMEN
Peddlers, licensing of ..........
See: PEDDLERS, CANVASSERS
AND SOLICITORS
MAGAZINES
Obscene literature ..............
See: INDECENCY AND OB-
SCENITY
MAGIC SHOWS
Carnival shows ...................
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
23-19
5-73
21-17
25-86
36-1 et seq.
25-182
3-5
3-6
5-16 et seq.
6-76 et seq.
7-54
28-1 et seq.
25-162 et seq.
6-16 et seq.
MALICIOUS MISCHIEF
Committing ......................
See also: VANDALISM
MALT BEVERAGES
Cereal malt beverages ...........
See: ALCOHOLIC BEVERAGES
MANAGER. See: CITY MANAGER
MAPS. See: SURVEYS, MAPS AND
PLATS
MARBLE TABLES
Arcades . . . . . . .
See: ARCADES
MARRIED PERSONS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
MASTER ELECTRICIANS
Electrical mechanics
See: ELECTRICAL MECHANICS
MASTER STREET PLAN
Streets in general. See: STREETS
AND SIDEWALKS
Traffic regulations to conform ....
See: TRAFFIC
MAYOR
Elections
See: ELECTIONS
Ex officio member of library board
MECHANICAL CODE
Air condition system permits
See: WATER AND SEWERS
Elevators, installing, etc. ..........
See: ELEVATORS AND ELEVA-
TOR INSTALLATIONS
Mobile home regulations ..........
See: MOBILE HOMES AND
TRAILERS
Other technical codes. See: TECH-
NICAL CODES
Sign code . . . . . . . . . . . .
See: SIGN CODE
Uniform mechanical code
Adopted . . . . . . . . . . . . . . . . . . . . . . .
Amendments .................
MECHANICAL CONTRACTORS
Bonds
Exemptions ....................
Inspections. See herein: Permits and
Inspections
Insurance
Exemptions ....................
3614
Section
25-58
5-66 et seq.
6-106 et seq.
13-1 et seq.
8-131 et seq.
38-2
12-1 et seq.
19-24
41-51 et seq.
8-426 et seq.
22-18
8-381 et seq.
8-281
8-282
8-296
8-297
e
e
e
e
e
MECHANICAL CONTRACTORS-
Cont'd.
Licenses
Applications ........ . . . . . . . . . . . .
Bond required ..................
Classes of ......................
Exemptions ....................
Fees.......................... .
Insurance required ..............
Nevv contractors
Exemptions from fees .........
Required .......................
Permits and contracts
Permits required ...............
Records ........................
Permits and inspections
Building official to inspect ......-
Concealing vvork before inspection
Inspection and approval
Building official to inspect ....
Concealed vvork ..............
Required .....................
MECHANICS
Electrical mechanics ..............
See: ELECTRICAL MECHANICS
MEDICAL HOSPITALS
Home occupations regulated .......
See: ZONING
MEDICINE. See: DRUGS AND MEDI-
CINES
MERCHANDISE
Secondhand dealers ...............
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
MERCHANT OR PRIVATE POLICE-
MEN
Business address, change of .......
Definitions .......................
Firearms, use ....................
Dravving or discharging unlavvful,
vvhen ......................
License or permit
Application for license ..........
Approval or disapproval ......
Application for permit ..........
Approval or disapproval ......
Bonds .........................
Defined ........................
Expiration of permit . . . . . . . . . . . .
Identification cards .............
Insurance ......................
License fee .....................
Other licenses or permits, provi-
sions intended to be in addi-
tion to .. ..................
Permit fee . . . . . . . . . . . . . . . . . . . . . .
CODE INDEX
Section
8-294
8-296
8-292
8-297
8-293
8-295
8-297
8-291
8-311
8-312
8-313
8-315
8-313
8-315
8-314
8-131 et seq.
42-60
33-16 et seq.
30-24
30-16
30-21
30-25(3)
30-38
30-40
30-39
30-40
30-42
30-16(1), (4)
30-44
30-45
30-41
30-43
30-37
30-44
MERCHANT OR PRIVATE POLICE-
MEN-Cont'd.
Required .......................
Suspension or revocation ........
Term, duration of permit ........
Merchant police service, defined ...
Merchant policeman, defined .......
Permits. See herein: Licenses and
Permits
Personnel, changes in ............
Police in general. See: POLICE DE-
PARTMENT
Uniforms ........................
Unlavvful acts ....................
Vehicles
Change of . . . . . . . . . . . . . . . . . . . . . .
Markings on ...................
Radio equipment . . . . . . . . . . . . . . . .
Red lights and sirens, use . . . . . . . .
MERRY-GO-ROUNDS
Carnival regulations ..............
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
MEXICANS, LATINS, ETC.
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRM A TIVE AC-
TION
MICE HARBORAGE
Nuisances enumerated and prohibited
MICROWAVES
Radio interference ................
MILITARY ACTION
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
MIND READERS
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
MINIATURE POOL TABLES
Arcades . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ARCADES
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
MINING
Oil and gas drilling, etc. .. . . . . . . . . .
See: OIL AND GAS
MINISTERS
Home occupations regulated
See: ZONING
3615
Section
30-36
30-46
30-44
30-16(2)
30-16(3)
30-22
30-17
30-25
30-23
30-18
30-19
30-20
6-16 et seq.
13-1 et seq.
24-2
25-7
10-39 et seq.
1-6
6-106 et seq.
6-1
26-1 et seq.
42-60
MINORITY RELATIONS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
MINORS (Juveniles, chlidren, etc.)
Abandoned iceboxes, etc., accessible
to children ..................
Alcoholic liquor regulations .......
See: ALCOHOLIC BEVERAGES
Cereal malt beverages, etc. ........
See: ALCOHOLIC BEVERAGES
Curfew
Established ....................
Parental responsibility ..........
Nonpowder propelled guns ........
Weapons in general. See: FIRE-
ARMS AND WEAPONS
Pawnbrokers, secondhand dealers,
etc.
Dealing with children ...........
Poolrooms, in .. .................
See: BILLIARDS AND POOL TA-
BLES
Private clubs (Alcohol) ...........
See: ALCOHOLIC BEVERAGES
Traffic violations, parental responsi-
bility ........................
Other provisions relative to traffic
violations. See: TRAFFIC
MISDEMEANORS
State law provisions re
See: OFFENSES
MOBILE HOMES AND TRAILERS
Alteration of internal mechanical
system ......................
Buildings
New parks, etc. ................
Construction standards
New parkl:l or expansions .......
Definitions .......................
Drainage . . . . . . . . . . . . . . . . . . .
New parks, etc. ................
Easement, defined ................
Electrical distribution system ......
Alteration of ..................
New parks, mobile home service
lines .......................
Environmental standards ..........
Existing regulations, applicability . .
Fire protection
Mobile home parks . . . . . . . . . . . . . .
New parks or expansions. . . . . . . .
Future mobile homes, etc.
Applicability ...................
SALINA CODE
Section
18-1 et seq.
25-101
5-16 et seq.
5-66 et seq.
21-16
21-17
25-120
88-19
6-156
5-116 et seq.
88-8
25-1
22-18
22-86(c)
22-88
22-1
22-19(a)
22-86(b)
22-1(1)
22-23( c)
22-18
22-38(e)
22-19
22-16 et seq.
22-23(e)
22-38(c)
22-16 et seq.
MOBILE HOMES AND TRAILERS-
Cont'd.
Gas distribution system . . . . . . . . . . . .
Alteration of ...................
New parks, mobile service lines. .
General regulations ...............
Housing code requirements . . . . . . . . .
See: HOUSING
Inspections
Contractors or craftsmen .. . . . . . .
See herein: Mobile Home Con-
tractors and Craftsmen
Licenses
Mobile home contractors and
craftsmen ..................
See herein: Mobile Home Con-
tractors and Craftsmen
Licenses for mobile home parks
Fees.......................... .
Issuance, requirements ..........
Required . . . . . . . . . . . . . . . . . . . .
Revocation .....................
Lighting
New park streets, etc. ...........
Location of mobile home park .....
Mobile home contractors and crafts-
men
Apprentice mobile home craftsmen
Classification ................
Board of examiners
Created, membership ..........
Bond required ..................
Craftsmen, classes established ...
Inspections
Building official to inspect ....
Calls for ....................
Certificate of approval, when ..
Concealing work before
Inspection, approval required ..
Meters or connections
Certificate of approval re-
quired before setting .. . .
Permits. See also herein that
subject
Insurance required ..............
Journeyman mobile home crafts-
men
Classification ................
Licenses
Applications for craftsmen ....
Contractor's applications ......
Examination, fees, expiration of
licenses ..................
Issuance .....................
Required .....................
Suspension ...................
Master craftsmen
Classification ................
3616
Section
22-23(a)
22-18
22-88(e)
22-16 et seq.
18-1 et seq.
22-71 et seq.
22-51 et seq.
22-22(c)
22-22(b)
22-21(a)
22-22(d)
22-38(d)
22-16
22-54(8)
22-55
22-61
22-54
22-76
22-80
22-79
22-78
22-77
22-79
22-60
22-54(2)
22-52
22-53
22-52
22-58
22-51
22-59
22-54(1)
e
e
e
e
e
MOBILE HOMES AND TRAILERS-
Cont'd.
Master mobile home craftsman
Contractor required to employ
Meetings, board to hold .........
Nonresident mobile home craftsmen
Permits
Fees........................ .
Payment, failure to pay .....
Inspections. See also herein that
subject
Records ......................
Required .....................
When permit not required . . . . . .
Mobile home, defined .............
Mobile home owner
Responsibilities .................
Mobile home park or court
Defined ........................
Location .......................
Mobile home park owner
Responsibilities .................
Mobile home parks
Licenses. See herein: Licenses for
Mobile Home Parks
Service distribution systems ..
Mobile home space (Area unit)
Defined .......... . . . . . . . . .
Mobile home stand
Defined .......... . . . . . . . . .
New parks or expansions ........
Placement of mobile home .......
Mobile home zoning requirements.
See: ZONING
New parks or expansions
Addresses to be posted . . . . . . . . . .
Board of examiners
Examination conducted by, scope
Meetings ... . . . . . . . . . . . . . .
Construction standards ..........
Development requirements ......
Drainage, recreational areas, etc. .
Fire protection
Streets and roadways, arrange-
ment ....................
Lighting of streets . . . . . . . . . . . . . .
Mobile home service line ........
Mobile home stand construction ..
Park plan ....................
Proximity to lot line, other mobile
homes or buildings ..........
Roadways, construction standards
Size, marking, parking, etc. ......
Streets, construction standards ...
Zoning, compliance .............
Nuisances ........................
Park service distribution systems . . .
Parking
New parks, etc. ................
Section
22-62
22-56
22-63
22-74
22-75
22-73
22-71
22-67
22-1 (2)
22-21(b)
22-1(3)
22-16
22-21(a)
22-23
22-1( 4)
22-1 (5)
22-38(f)
22-17 (a)
22-38(g)
22-57
22-56
22-38
22-36
22-36(b)
22-38(c)
22-38(d)
22-38(e)
22-38(f)
22-37
22-36(c)
22-38
22-36(b)
22-38
22-36(a)
22-19(b)
22-23
22-36(b)
CODE INDEX
MOBILE HOMES AND TRAILERS-
Cont'd.
Permits
Contractors or craftsmen ........
See herein: Mobile Home Con-
tractors and Craftsmen
Placement . . . . . . . . . . . . . . . . . . . . . . . .
Plans
New park plan .................
Plumbing systems, alteration of
Recreational areas
New developments, new parks
Recreational space (open space)
Defined ........................
Recreational vehicle
Defined ........................
Responsibilities
Mobile home owner . . . . . . . . . . . . . .
Mobile home park owner ........
Roadway, defined ................
Sanitary sewer systems
Park service distribution systems .
Storm shelters . . . . . . . . . . . . . . . . . . . .
Streets and other public ways
Oonstruction standards for new
parks or expansions ........
Telephones
New parks
Tie-down and blocking
Placement of mobile home
Utilities
New parks, mobile home service
lines ................
Water distribution system ..
Zoning requirements, other. See:
ZONING
MOBS
Emergency resulting from mob ac-
tion . . . . . . . . . . . . . . .. . . . . . . . .
See: CIVIL EMERGENCIES AND
DISASTERS
Unlawful assemblies
Assemblies in general. See: AS-
SEMBLIES
MONEY OF CITY. See: FINANCES
MORALS
Offenses against public morals
See: INDECENCY AND OB-
SCENITY
MORTUARY ESTABLISHMENTS
Home occupations regulated ......
See: ZONING
MOTELS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
3617
Section
22-71 et seq.
22-17
22-37
22-18
22-36(b)
22-1(6)
22-1(7)
22-21(b)
22-21 (a)
22-1(8)
22-23(d)
22-20
22-38
22-38(e)
22-17
22-38(e)
22-23(b)
10-39
25-85
25-136 et seq.
42-60
13-1 et seq.
SALINA CODE
Section
MUNICIPAL EMPLOYEES. Sec: OF-
FICERS AND EMPLOYEES
MUNICIPAL PROPERTY. See: PROP-
ERTY
MUNICIPAL SEAL. See: SEAL
MUNICIPAL UTILITIES. See: UTILI-
TIES
MUNICIPALITIES. See: CITY
MUSIC
Entertainment in food establishments
See: FOOD AND FOOD SERV-
ICES
MUSIC MACHINES
Licenses
Contents .......................
Fees.......................... .
Required . . . . . . . . . . . . . . . . . . . . .
Transferability .................
Obscene, indecent words or music
MOTELS-Cont'd. Section
Food service provisions reserved . Chap. 16(Notes)
Transient guest tax .............. . 37-16 et seq.
See: TRANSIENT GUEST TAX
MOTOR BUSES. See: BUSES
MOTOR VEHICLES AND OTHER
VEHICLES
Accidents involving injury, etc.
Duty of physician or hospital to
report .....................
Alcoholic liquor, transporting ......
See: ALCOHOLIC BEVERAGES
Certain provisions saved from repeal
Dogs, cats or other animals
Leaving in overheated cars, etc. .'
Freight vehicles ..................
See: FREIGHT VEHICLES
Handbills or other advertising mat-
ter
Placing in or on motor vehicles ..
Inoperable vehicles on roadway ....
See: TRAFFIC
Private garbage and trash haulers. .
See: GARBAGE AND TRASH
Taking, using property of another
temporarily ..................
Taxicabs . . . . . . . . . . . . . . . . . . . . .
See: TAXICABS
Traffic regulations ...............
See: TRAFFIC
26-6
6-23(1)
6-76 et seq.
1-6
7-46(a) (3)
40-16 et seq.
6-143
6-142
6-141
6-144
6-131
3-1
38-81 et seq.
MUSIC TEACHERS
Home occupation regulated
See: ZONING
34-51 et seq.
42-60
25-66
40-46 et seq.
N
NARCOTICS. See: DRUGS AND
MEDICINES
NATIONAL ELECTRICAL CODE
Adopted .....................
See: ELECTRICAL CODE
NATIONAL FIRE CODE
Adoption .........................
See: FIRE PREVENTION CODE
NATIONAL ORIGIN, PERSONS OF
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
NATURAL GAS
Franchises, Art. II of App. B
38-1 et seq.
8-66 et seq.
MOVING BUILDINGS
Demolition, removal, or relocation of
building . . . . . . . . . . . . . . . . . . . . . .
See: BUILDING CODE
Public ways, through .. . . . . . . . . . . . .
See: STREETS AND SIDE-
WALKS
MOVING VANS
Freight vehicles .................
See: FREIGHT VEHICLES
MULES
Animal regulations ...............
See: ANIMALS AND FOWL
MUNICIPAL AIRPORT. See: AIR-
PORTS AND AIRCRAFT
MUNICIPAL COURT
Bondsmen .......................
See: BONDSMEN
Costs and fees
Charter ordinance No. 18
See: CHARTER ORDINANCES
Creation .........................
Loitering in courtroom
Bondsmen ......................
Spectator section of courtroom
Bondsmen sitting in ........ . . . . .
8-351 et seq.
14-41
35-61 et seq.
13-1 et seq.
40-16 et seq.
7-1 et seq.
NEGRO RACE
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
13-1 et seq.
23-16 et seq.
NOISES
Disturbing the peace .............
Loudspeakers and sound trucks
Hours of use ...................
License required ...............
23-1
26-82
23-19
3-6
3-6
23-21
3618
e
e
e
-
e
NOISES-Cont'd.
Nuisances enumerated and prohibited
Quiet zones, establishment ........
See: TRAFFIC
Traffic noise created by vehicles ...
See: TRAFFIC
NONPOWDER PROPELLED GUNS
Regulations governing ............
See: FIREARMS AND WEAP-
ONS
NORTH CENTRAL REGIONAL
PLANNING COMMISSION
Created ..........................
See: PLANNING
NOTES
Certain provisions saved from repeal
NOXIOUS FUMES
Nuisances enumerated and prohibited
NUCLEAR BOMB ATTACK
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
NUISANCES
Abatement by city ................
Assessment of city's costs ......
Animal feces, excreta, removal ....
Animal nuisance activities prohibited
Animals in general. See: ANI-
MALS AND FOWL
City health ordinances, etc. See:
HEALTH AND SANITATION
Defined ..........................
Fences, walls, hedges, etc. .........
See: FENCES, WALLS, HEDGES
AND ENCLOSURES
Fireworks ........................
See: FIREWORKS
Gambling places declared nuisances
See: GAMBLING
Housing code requirements ........
See: HOUSING
Illustrative enumeration ..........
Impounding, removing of nuisance
vehicles ......................
See: TRAFFIC
Inspections .......................
Mobile home parks . . . . . . . . . . . . . . . .
See: 'MOBILE HOMES AND
TRAILERS
Notice to abate ...................
Contents .......................
Service ........................
Prohibited . . . . . . . . . . . . . . . . . . . . . . . .
Radio interference ................
Removal of dead trees and limbs ...
See: TREES AND SHRUBBERY
Section
24-2
38-4
38-151 et seq.
25-120
29-36
1-5
24-2
10-39 et seq.
24-8
24-9
7-56
7-46
24-1
8-411
14-58
25-180
18-1 et seq.
24-2
38-43
24-4
22-19(b)
24-5
24-6
24-7
24-3
25-7
39-5
CODE INDEX
NUlSANCES-Cont'd.
Restrictions on owning animals
See: ANIMALS AND FOWL
Snow and ice on sidewalks ........
Solid waste disposal ..............
See: GARBAGE AND TRASH
NUMBER
Word usage for interpreting code. . 1-2(11)
Section
7-31
32-251
34-16 et seq.
NUMBER GAMES
Gambling prohibitions .. . . . . . . . . . . . 25-176 et seq.
See: GAMBLING
NUMBERING OF BUILDINGS
Procedure ........................ 35-101 et seq.
See: STREETS AND SIDE-
WALKS
NURSERY HOMES OR NURSERY
SCHOOLS
Home occupations regulated 42-60
See: ZONING
NURSES
Bullet wounds, knife wounds, etc.
Duty to report . . . . . . . . . . . . . . . . . .
City-county board of health . . . . . . . .
See: HEALTH AND SANITA-
TION
o
OATH, AFFIRMATION, SWEAR OR
SWORN
Oath, defined ....................
OBLIGATIONS OF CITY
Certain provisions saved from repeal
OBNOXIOUS ODORS AND CONDI-
TIONS
Nuisances enumerated and prohibited
OBSCENITY. See: INDECENCY AND
OBSCENITY
OBSTRUCTIONS
Fire hydrants ....................
Resisting or hindering firemen ....
Street obstructions in general .. . . . .
See: STREETS AND SIDE-
WALKS
Trains blocking streets ............
See: TRAFFIC
Water meters....................
OCCASIONAL SALES AND OCCU-
PATIONS
Temporary uses ..................
See: ZONING
OCCUPATIONAL LICENSES. See:
LICENSE AND PERMITS
3619
25-6
17-16 et seq.
1-2(12)
1-5
24-2
14-2
14-3
35-36 et seq.
38-116
41-37
42-59
ODORS
Animal yard structures and pens,
maintenance ..................
OFFENSES
Accidents
Duty to notify police, etc.
Physicians to report wounds, in-
juries ......................
Aiding and abetting ..............
Attempts to commit
Merger of attempt with completed
offenses . . . . . . . . . . . . . . . . . . . .
Prohibited, punishment ..........
Certain provisions saved from repeal
Compounding or concealing ........
Firearms, injuries, knife wounds, etc.
Physician or hospital to report . . .
Gambling ........................
See: GAMBLING
Government functions, affecting ...
Hospitals
Accident, wounds, etc., reporting .
Miscellaneous offenses and provi-
sions ........................
See also specific subjects
Persons, offenses against .........
Physicians
Duty to report wounds, injuries ..
Property, offenses against ........
Public morals, against ............
See: INDECENCY AND OB-
SCENITY
Public peace, offenses against . . . . . .
Public safety, against .............
Radio interference ................
Spitting in public places ..........
State law references to misdemean-
ors in references to offenses, etc.
Terms, construction ..............
Weapons. . . . . . . . .. . . .. .. .., . . . . . .
See: FIREARMS AND WEAP-
ONS
Wounds inflicted by dangerous weap-
ons
Physicians to report ............
OFFICERS AND EMPLOYEES
Administrative departments .......
See: DEPARTMENTS AND OTH-
ER AGENCIES OF CITY
Airport authority ................
See: AIRPORTS AND AIRCRAFT
Appointment, employment, etc.
Rules and regulations, establishing
Assaulting an officer .............
Board of commissioners ...........
See: BOARD OF COMMISSION-
ERS
Boards. See: BOARDS, COMMIT-
TEES AND COMMISSIONS
SALINA CODE
Section
7-58
25-6
25-6
25-2
25-4
25-3
1-5
25-22
25-6
25-176 et seq.
25-21 et seq.
25-6
25-1 et seq.
25-41 et seq.
25-6
25-56 et seq.
25-136 et seq.
25-81 et seq.
25-101 et seq.
25-7
25-5
25-1
25-1
25-116 et seq.
25-6
2-96 et seq.
4-16 et seq.
2-52
26-21
2-21 et seq.
OFFICERS AND EMPLOYEES-
Cont'd.
Bonds
Amount of bonds ...............
Approval of bonds ..............
Bond premiums, city to pay .....
Bonds to be conditioned as speci-
fied .......................
Bonds to be kept in force ... . . . . .
Effect of provisions on existing
bonds ......................
Filing .........................
Required before taking office ....
Special conditions ...............
Type of bonds ..................
Certain provisions saved from repeal
Charter ordinances ...............
City commission. See: BOARD OF
COMMISSIONERS
City manager
Adoption of city manager plan of
government ................
Civil emergencies and disasters ....
See: CIVIL EMERGENCIES AND
DISASTERS
Classified service created ..........
Code references to specific officers,
departments, boards, etc.
Rules of construction for interpret-
ing code . . . . . . . . . . . . . . . . . . . .
Compensation, salaries, classifica-
tion, etc.
Certain provisions saved from re-
peal .......................
Compensation of boards, etc. See
specific boards, commissions,
etc., as indexed
Library board members .........
Requirements pertaining to a par-
ticular officer. See that officer
as indexed
Rules and regulations adopted .,.
Creating positions or officers
Certain provisions saved from re-
peal .......................
Delegation of authority construed ..
Departments. See: DEPARTMENTS
AND OTHER AGENCIES OF
CITY
Director of finance. See: FINANCES
Director of utilities. See: UTILITIES
Elections ........................
See: ELECTIONS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
Firemen, hindering or obstructing
See: FIRE DEPARTMENT
3620
Section
2-63
2-64
2-66
2-62
2-65
2-67
2-64
2-61
2-63
2-64
1-5
App. A
2-36
10-16 et seq.
2-51
1-2
1-5
19-29
2-52
1-5
1-2(6)
12-1 et seq.
13-1 et seq.
14-3
e
e
e
e
e
OFFICERS AND EMPLOYEES-
Cont'd.
Firemen's relief association .....
See: FIREMEN'S RELIEF ASSO-
CIA TION
Health officer, defined ............
See: HEALTH AND SANITA-
TION
Holding city office
Limitation on library board mem-
bers .......................
Holidays .........................
Impersonating an officer
Indemnification and liability '"
See: INDEMNIFICATION
Joint authority construed. . . . . . . . . .
Library board treasurer ..........
See: LIBRARY BOARD
Manager. See: CITY MANAGER
Municipal court .................
See: MUNICIPAL COURT
Resisting an officer .............
Rules and regulations governing ..
Special fund for utility costs and
benefits
Charter ordinance Nos. 16, 17
See: CHARTER ORDINANCES
Succession
Civil emergency, certain provisions
re .........................
See: CIVIL EMERGENCIES
ANI> DISASTERS
OFF-STREET LOADING
Temporary uses .........
See: ZONING
OFF-STREET PARKING
Temporary uses
See: ZONING
OIL AND GAS (Mining, Drilling,
Boring, Etc.)
Conveyance of oil out of city ......
Fencing of excavations and slush
ponds . . . . . . . . . . . . . . . . . . .
Fencing of storage facilities ......
Fire prevention code ..............
See: FIRE PREVENTION CODE
Landowner's rights ...............
Permits
Applicant must have right to drill
Applications ...................
Bonds . . . . . . . . . . . . . . . . . . . . . . . . . .
Denial .....................
Deposits .......................
Drilling other than specified loca-
tion prohibited . . . . . . . . . . . . . .
Duration .......................
Issuance .......................
CODE INDEX
Section
14-17 et seq.
17-2
19-25
1-14
25-27
2-76 et seq.
1-2(9)
19-36 et seq.
23-1 et seq.
25-28
2-52
10-21
42-59
42-59
26-3
26-3
26-4
14-1 et seq.
26-1
26-23
26-17
26-18
26-21
26-18
26-22
26-24
26-20
OIL AND GAS-Cont'd.
Liability insurance ..............
Location to be specified in permit
Required .. . . . . . . . . . . . . . .
Revocation . . . . . . . . . . .
Termination . . . . . . . . .
Removal of equipment
Temporary storage of oil
OIL, GREASE, ETC.
Drainage into sewers, rivers, etc.
OLD GOLD AND SILVER
Precious metals dealers, etc.
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
ONE AND TWO F AMIL Y DWELL-
ING CODE
Adopted . . . . . . . . . . . . . . . . . .
See: BUILDING CODE
OPEN FIRES
Unlawful, when
OPERA HOUSES
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
OR, AND
Terms construed ......
ORDER TAKERS
Peddlers, licensing of .............
See: PEDDLERS, CANVASSERS
AND SOLICITORS
ORDINANCES. See: CODE OF ORDI-
NANCES
ORGANIZA TION
Person construed re
OUTDOOR ADVERTISING. See also:
SIGN CODE
Zoning requirements for signs. See:
ZONING
OUTDOOR FIRES
Open fires ..
OUTDOOR PRIVIES
Nuisances enumerated and pro-
hibited ......................
Obscene writings, pictures on struc-
tures ........................
OUTDOOR STORAGE OF EQUIP-
MENT, ETC.
Home occupations regulated
See: ZONING
OVERGROWTH
Nuisances enumerated and prohibited
3621
Section
26-19
26-22
26-16
26-26
26-25
26-2
26-3
41-73
33-16 et seq.
8-51
14-77
6-1
1-2(14)
28-1 et seq.
1-2(16)
14-77
24-2
25-166
42-60
24-2
OWNER
Defined
p
PAINTING
Sign code
See: SIGN CODE
PALMISTS
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
PAPER
Obscene literature
See: INDECENCY
SCENITY
PAPER JUNK DEALERS
Junkyards, etc. . . . . . . . . . . . .
See: JUNK AND JUNK DEAL-
ERS
AND
OB-
PARADES AND PROCESSIONS
Traffic regulations
See: TRAFFIC
PARKING
Certain provisions saved from repeal
Generally ........................
See: TRAFFIC
Temporary uses . . . . . . . . . . . .
Zoning requirements for off-street
parking . . . . . . . .
See: ZONING
PARKS AND RECREATION
Animals prohibited in parks
Subdivision regulations
See: SUBDIVISIONS
Sunset Park closing hours ........
PART OWNER
Owner defined re
PARTNERSHIP
Person defined re
PATROL SERVICE
Merchant or private policemen ....
See: MERCHANT OR PRIVATE
POLICEMEN
PAVING
Driveway and sidewalk construction
Excavations in streets ... . . . . . . . . . .
Service pipes and sewers ahead of
paving ......................
See: STREETS AND SIDE-
WALKS
SALINA CODE
Section
1-2(15)
8-381 et seq.
6-1
25-162 et seq.
33-36 et seq.
38-101 et seq.
1-5
38-41 et seq.
42-59
42-551 et seq.
27-17
36-1 et seq.
27-16
1-2(15)
1-2( 16)
30-16 et seq.
35-121 et seq.
35-201 et seq.
35-176 et seq.
PAWNBROKERS, SECONDHAND
DEALERS, ETC. (Precious Met-
als, Diamonds, Jewelry, Etc.)
Children, purchases from .........
Inspections
Merchandise . . . . . . . . . . . .
Records .......................
Licenses
Charter ordinance Nos. 11, 12, 19
See: CHARTER ORDINANCES
Forfeiture . . . . . . . . . . . . . . . . . . . . . .
Merchandise
Availability for inspection ..'
Three day display before sale
Minors, dealing with .........
Records and reports
Availability of records for inspec-
tion .... . . . . . . . . .. .. .. . . .
Police reports, etc. ..............
Stolen property, purchasing. . .
See also: THEFT
PEDDLERS, CANVASSERS AND SO-
LICITORS
Invitation required to enter residen-
tial premises .................
Licenses
Exemptions for producers, growers
Fees . .... .. ...............
Required . . . . . . . . . . . . . . . . . . . .
Sales from vehicles on streets
Veterans' license exemption .. . . . . . .
PEDESTRIANS
Sidewalk construction
Sidewalk defined re ..' . . . . . . . .
Sidewalks in general. See:
STREETS AND SIDEWALKS
Traffic in general. See: TRAF-
FIC
PEEPING TOMS
Persons peeping in windows of an-
other
PENALTIES. See: FINES, FORFEIT-
URES AND PENALTIES
PENDING PROCEEDINGS
Repeal of ordinances, effect
PENSIONS
Firemen's relief association .......
See: FIREMEN'S RELIEF ASSO-
CIATION
PERFORMANCE BONDS
Subdivision regulations ...........
See: SUBDIVISIONS
PERIODICALS
Obscene literature ...............
See: INDECENCY AND OB-
SCENITY
3622
Section
33-19
33-18
33-17
33-21
33-18
33-22
33-19
33-17
33-16
33-20
28-2
20-21
28-1(b)
28-1
28-3
20-22
35-121 et seq.
1-2(21)
25-136
1-7
14-17 et seq.
36-1 et seq.
25-162 et seq.
e
e
e
-
e
PERMITS. See: LICENSES AND
PERMITS
PERSON
Defined
PERSONAL PROPERTY
Defined . . . . . . . . . . . . . . . . . . .
Property in general. See: PROP-
ERTY
PERSONNEL
Municipal employees. See: OFFI-
CERS AND EMPLOYEES
PEST CONTROL
Animal nuisances ................
Garbage storage to be inaccessible
to vermin ....................
Housing code requirements ........
See: HOUSING
Nuisances enumerated and prohibited
Tree trimmers and treaters . . . . . . . .
See: TREES AND SHRUBBERY
Vehicles breeding flies, mosquitoes,
rats, etc.
Inoperable vehicles on roadway
See: TRAFFIC
PETROLEUM PIPE LINES
Service pipes, etc., ahead of paving
See: STREETS AND SIDE-
WALKS
PETROLEUM PRODUCTS
Fire prevention code .............
See: FIRE PREVENTION CODE
Liquefied petroleum gases .........
See: FIRE PREVENTION CODE
Oil and gas drilling, etc. ..........
See: OIL AND GAS
PET SHOPS
Commercial
defined
animal establishment,
Section
1-2(16)
1-2(17)
7-31
34-25
18-1 et seq.
24-2
39-21 et seq.
38-81 et seq.
35-176 et seq.
14-1 et seq.
14-66 et seq.
26-1 et seq.
7-1(7)
PHONOGRAPHS
Loudspeakers and sound trucks 3-5 et seq.
See: ADVERTISING
PHOTOGRAPHERS
Home occupations regulated 42-60
See: ZONING
Peddlers, licensing of ............. 28-1 et seq.
See: PEDDLERS, CANVASSERS
AND SOLICITORS
PHOTOGRAPHS
Obscene literature ................ 25-162 et seq.
See: INDECENCY AND OB-
SCENITY
CODE INDEX
PHRENOLOGISTS
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
PHYSICALLY HANDICAPPED PER-
SONS
Equal opportunity, affirmative ac-
tion policy . . . . . . . . . . . . . .
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
Impersonating ....................
PHYSICIANS
City-county board of health
See: HEALTH AND SANITA-
TION
Home occupations regulated
See: ZONING
Physicians to report wounds, etc. .
PIANOS, PIANO LAS, ETC.
Music machines ..................
See: MUSIC MACHINES
PICTURE SALESMEN
Peddlers, licensing of .............
See: PEDDLERS, CANVASSERS
AND SOLICITORS
PICTURES
Obscene literature ................
See: INDECENCY AND OB-
SCENITY
PIGEONS
Animal housing locations .........
Responsibility of persons owning ani-
mals ........................
Section
6-1
13-1 et seq.
38-25
17-16 et seq.
42-60
25-6
6-131 et seq.
28-1 et seq.
25-162 et seq.
7-33
7-46 et seq.
PIGS
Animal regulations ...............
See: ANIMALS AND FOWL
PINBALL MACHINES
Arcades .........................
See: ARCADES
PIPE LINES
Service pipes, etc., ahead of paving. 35-176 et seq.
See: STREETS AND SIDE-
WALKS
Tampering with gas meters, pipes,
etc. .......................... 31-1
See: UTILITIES
7-1 et seq.
6-106 et seq.
PISTOLS
Nonpowder propelled guns ........ 25-120
Weapons in general. See: FIRE-
ARMS AND WEAPONS
PIZZA HOUSES, SIMILAR PLACES
Food service provisions reserved ... Chap. 16(Notes)
3623
PLACES OF AMUSEMENT. See:
AMUSEMENTS AND ENTER-
TAINMENT
PLAN OF GOVERNMENT
City manager plan of government,
adoption .....................
PLANNED DEVELOPMENT DIS-
TRICTS
Requirements ....................
See: ZONING
PLANNING (See also: ZONING)
Amendments, fees ................
Annexation fees ..................
Appeals, fees ... . . . . . . . . . . . . . . . . . .
Application fees ..................
City planning commission
Application fees ................
Appointment ...................
Compensation . . . . . . . . . . . . . . . . . . .
Composition ....................
Created ........................
Powers and duties ..............
Residence requirement ..........
Terms of office . . . . . . . . . . . . . . . . .
Vacancies, filling . . . . . . . . . . . . .
Zoning amendments, duties .....
See: ZONING
Driveway and sidewalk construction
See: STREETS AND SIDE-
WALKS
Excavation plans and specifications
North central regional planning com-
mission
Compensation ..................
Created ........................
Functions, powers and duties ....
Meetings .......................
Membership ....................
Rules and regulations ...........
Separability ....................
Subdivision regulations ............
See: SUBDIVISIONS
Trees and shrubbery, regulation of
See: TREES AND SHRUBBERY
Variances, fees . . . . . . . . . . . . . . .
Zoning ordinance text amendment
Fees. . .. .................
PLANTS AND P ARKINGS
Rights of property owners . . . . . . . . .
See: TREES AND SHRUBBERY
PLA TINUM
Precious metals dealers, etc. .. . . . . .
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
PLATS. See: SURVEYS, MAPS AND
PLATS
SALINA CODE
Section
2.36
42-401 et seq.
29-1
29-1
29-1
29-1
29-22
29-17
29-20
29-17
29-16
29-21
29-17
29-18
29-19
42-25
35-121 et seq.
35-215
29-38
29-36
29-40
29-39
29-37
29-41
29-42
36-1 et seq.
39-1 et seq.
29-1
29-1
39-2
33-16 et seq.
PLEAS. See: SUITS AND PLEAS
PLUMBERS
Administrative authority
Duty to serve as secretary of
boards .....................
Apprentice plumber, defined ......
Board of appeals
Created ........................
Board of examiners
Appointment, term of ...........
Duties .........................
Membership, composition ........
Quorum ........................
Secretary, designation ..........
Bond and insurance ...............
Extension re gas fitters .........
Certificate of qualification
Applications
Fee to accompany .....
Bond requirement ..............
Misuse of ......................
Registration ...................
Renewal
Procedure, fee ................
Transfer of ....................
Certificate of registration
Expiration, renewal ............
Certification
Required; exceptions ............
Definitions . . . . . . . . . . . . . . . . . . . . .
Employing plumber or plumbing con-
tractor
Defined ........................
Gas fitters .......................
See: GAS FITTERS
Insurance required ................
Extension of requirement re gas
fitters .....................
Journeyman plumber
Defined ........................
Licenses
Expiration, renewal ............
Gas fitters, extension of plumbing
license re ..................
Registration prerequisite to doing
work ......................
Renewal
Deadline . . . . . . . . . . . . . . . . .
Procedure, fees ...............
Master plumber, defined ..........
Registration
Certificates. See herein: Certifi.
cate of Registration
License renewal. See herein: Li-
censes
PLUMBING CODE
Administrative authority, defined ..
Back water valves ................
3624
Section
8-204
8-201
8-226
8-205
8-207
8-203
8-206
8-204
8-218
8-269
8-208
8-218
8-217
8-213
8-215
8-217
8-214
8-202
8-201
8-201 (2)
8-256 et seq.
8-219
8-269
8-201(3)
8-214
8-269
8-213
8-216
8-215
8-201 (4)
8-177
8-188
e
e
e
-
e
PLUMBING CODE-Cont'd.
Brass tubular traps
Certificate of qualification
Board of examiners, duties ...
Fees.... " .. .... .............
Gas fitters examination required
Issuance ...................
Commercial dishwashing machine
Code amendment relative to
Drainage below curb
Examinations
Certificate of qualification. See
herein that subject
Exemptions
Forfeiture of fee for failure to ap-
pear.. .........
Gas fitters' examination
Floor drains ....................
Gas fitters
Examination of
Housing code requirements
See: HOUSING
Inspections
Exceptions to requirements of uni-
form plumbing code
Main sewer level
Drainage below ........
Mobile home regulations
See: MOBILE HOMES AND
TRAILERS
Other technical codes. See: TECH-
NICAL CODES
Potable water piping
Size of . . . . . . . . . . . . . . . .
Sandblasting ..................
See: SANDBLASTING
Sanitary tap fee
Slip joints
Trap installation
Uniform Plumbing code
ABS and PVC installation, amend-
ment re . . . . . . . . . . . .
Administrative authority defined .
Adopted . . . . . . . . . . .
Amendment re PVC installation,
etc. . . . . . . . . . . . . . . . . . . .
Commercial dish washing machine
Amendment of section pertain-
ing to .... ................
Exceptions to requirements ......
Valves and fittings. . . . . . . . . . . . . . . .
Back water valves . . . . . . . . . .
Water and sewers ................
See: WATER AND SEWERS
Water system property
Damaging, tampering with
PLUMBING CONTRACTORS
Bond requirement ............
Exemption from new contractor fees
CODE INDEX
Section
8-187
8-207
8-211
8-209
8-211
8-180
8-190
8-212
8-210
8-209
8-185
8-209
18-1 et seq.
8-181
8-190
22-18
8-184
8-476 et seq.
8-186
8-187
8-182, 8-183
8-177
8-176
8-182
8-180
8-181
8-189
8-188
41-1 et seq.
25-59
8-218
8-297
POISON
Exposing poison to animals
POKER
Gambling prohibitions
See: GAMBLING
POLES AND WIRES
Building moving operations
See: BUILDING CODE. See also:
STREETS AND SIDEWALKS
Electrical code adopted .. . . . . . . . . . .
See: ELECTRICAL CODE
Excavations in streets . . . . . . . .
See: STREETS AND SIDE-
WALKS
Painting of poles . . . . . . . . . . . . . . .
Poles prohibited in certain places
Posting on utility poles ...........
Public utilities in general .........
Trees and shrubbery, regulation of . .
See: TREES AND SHRUBBERY
Underground wires required where
poles prohibited ..............
Wires in streets prohibited ........
See: STREETS AND SIDE-
WALKS
POLICE DEPARTMENT
Animals, administrative duties ....
Assaulting an officer .............
Bail bondsmen, certain restrictions . .
See: BONDSMEN
Contributions by officers and mem-
bers to retirement system
Charter ordinance No. 6
See: CHARTER ORDINANCES
Escape . . . . . . . . . . . . . . . . . .
See: PRISONS AND PRISONERS
False calls and reports '"
Impersonating officers, etc.
Merchant or private policemen .....
See: MERCHANT OR PRIVATE
POLICEMEN
Resisting an officer ........
Retirement pay to certain members
Charter ordinance Nos. 5, 15
See: CHARTER ORDINANCES
POLICEMEN'S AND FIREMEN'S
PENSION FUNDS
Investment of money
Charter ordinance No. 7
See: CHARTER ORDINANCES
POLICE POWERS
Extended over airport ............
Extended to city property .........
Extended to flood control system ..
3625
Section
7-75
25-176 et seq.
35-63 et seq.
8-66 et seq.
35-201 et seq.
31-7
31-8
3-3
31-1 et seq.
39-1 et seq.
31-9
35-41 et seq.
7-17
25-21
23-17 et seq.
25-23 et seq.
25-26
25-27
30-16 et seq.
25-28
4-1
1-12
15-1
SALINA CODE
POLLUTION
Fluoridating water supply system
See: WATER AND SEWERS
Nuisances enumerated and prohibited
Oil, grease, etc., draining into sew-
ers, rivers, etc.. ..............
Section
41-42
24-2
41-73
PONIES
Animal regulations ...............
See: ANIMALS AND FOWL
PONY RIDES, ETC.
Circus and tent show requirements 6-16 et seq.
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
7-1 et seq.
POOL CAB SERVICE
Requirements 40-71 et seq.
See: TAXICABS
POOL TABLES. See: BILLIARDS
AND POOL TABLES
PORCH AND YARD SALES
Temporary uses . . . . . . . . . . . 42-59
See: ZONING
POST CARDS
Obscene literature 25-162 et seq.
See: INDECENCY AND OB-
SCENITY
POWER AND LIGHT COMPANY
Franchises, Arts I and II of App. B
POWER LINES AND WIRES. See:
POLES AND WIRES
PRECEDING, FOLLOWING
Terms construed ......... 1-2(18)
PRECINCTS
City divided into .... 12-2
See: ELECTIONS
PRECIOUS METALS
Dealers .......................... 33-16 et seq.
See: PAWNBROKERS, SECOND-
HAND DEAL.ERS, ETC.
PREJUDICE, DISCRIMINATION,
ETC.
Equal opportunity, affirmative ac-
tion policy ................... 13-1 et seq.
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
PRIESTS
Home occupations regulated ...... 42-60
See: ZONING
PRINTING
Writing, etc., construed re ........ 1-2(25)
PRISONS AND PRISONERS
Escape
Aiding . . . . . . . . . . . . . . . .
Defined . . . . . . . . . . . . . . . . . . .
Prohibited . . . . . . . . . . . . . . . . . . . .
General penalty, continuing violation,
etc. . . . . . . .. .. . . . .. . .. ..
Section
25-25
25-23
25-24
1-10
PRIVATE POLICEMEN. See: MER-
CHANT OR PRIVATE POLICE-
MEN
PRIVATE SCHOOLS
Loitering or trespassing on grounds
of ... . . . . . . . . . . . . . . 25-86
PRIVIES
Housing code requirements ........ 18-1 et seq.
See: HOUSING
Nuisances enumerated and prohibited 24-2
Obscene writings, pictures on struc-
tures ........................ 25-166
PRIVILEGES
Certain provisions saved from repeal 1-5
PRIZES
Offering animals as prizes or busi-
ness inducements ............. 7-73
PROCESSIONS
Parades and processions 38-101 et seq.
See: TRAFFIC
PRODUCE PEDDLERS
Peddlers, licensing of ............. 28-1 et seq.
See: PEDDLERS, CANVASSERS
AND SOLICITORS
PROFANITY
Poolroom, in ............... 6-157
PROFESSIONAL OFFICES
Home occupations regulated 42-60
See: ZONING
PROFESSIONS
Occupational licenses. See: LI-
CENSES AND PERMITS
PROMOTIONAL ACTIVITIES OF
RETAIL MERCHANTS
Temporary uses . . . . . . . . . . . . . . . . . . . 42-59
See: ZONING
PROPANE GAS
Liquefied petroleum gases ......... 14-66 et seq.
See: FIRE PREVENTION CODE
PROPERTY
Acquisition or disposition of real
property by library board ..... 19-31
Condemnation, acquisition, dedica-
tion, etc.
Certain provisions saved from re-
peal ....................... 1-5
3626
e
e
e
-
e
PROPERTY -Cont'd.
Confidence schemes, etc.
Obtaining property by false pre-
tenses .....................
Criminal trespass .................
Desecration of property. See: V AN-
DALISM
Embezzlement ....................
Encroachments on streets ........
See: STREETS AND SIDE-
WALKS
False pretenses
Obtaining property by .. _ . . . . . . .
Flood protection works . . . . . . . . . . . .
See: FLOOD PREVENTION AND
CONTROL
Fruit
Entering enclosure, carrying away
General definition for interpreting
code ..... ... " ...... ...
Library pro{lerty, damaging .......
See: LIBRARY
Littering .............. _ . . . . . . . . . .
Malicious mischief .... _ . . . . . . . . . . .
See also: VANDALISM
Personal property
Defined ........................
Planning ....................... "
See: PLANNING
I;'olice power extended to city prop-
erty .........................
Public or private property
Advertising matter, posting . . . . . .
Real property, defined ............
Shoplifting .......................
Stolen property, receiving .........
Subdivision regulations ...........
See: SUBDIVISIONS
Taking, using property of another
temporarily ..................
Theft ............................
Water system property, hydrants,
etc.
Damaging, tampering with. . . . . .
PROSECUTIONS
Compounding or concealing offense
Effect of repeal of ordinances .....
PROSTITUTION
Morals offenses in general. See: IN-
DECENCY AND OBSCENITY
Taxicabs, improper use ............
PUBLIC ACCOMMODATIONS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
CODE INDEX
Section
25-62
25-56
25-61
35-36 et seq.
25-62
15-16 et seq.
25-63
1-2(19)
19-4
25-57
25-58
1-2(17)
29-1 et seq.
1-12
3-3
1-2(20)
25-64
25-65
36-1 et seq.
25-66
25-60
25-59
25-22
1-7
40-69
13-1 et seq.
PUBLIC ASSEMBLIES. See: ASSEM-
BLIES
PUBLIC EMPLOYEES. See: OFFI-
CERS AND EMPLOYEES
PUBLIC HEALTH. See: HEALTH
AND SANITATION
PUBLIC HEARINGS
Board hearing, etc. See specific
boards, committees, officers, etc.
Zoning amendments . . . . . . . . . . . . . . .
See: ZONING
PUBLIC INDECENCY. See: INDE-
CENCY AND OBSCENITY
PUBLIC INTOXICATION
Generally ...................
Alcoholic beverage regulations.
See: ALCOHOLIC BEVER-
AGES
PUBLIC NUISANCES. See: NUI-
SANCES
PUBLIC PLACES
Curfew for minors ............
See: MINORS
Minors, parental responsibility for
actions . . . . . . . . . . . . . . . . . . . . . . .
PUBLIC RECORDS
Altering or tampering with code ...
Beer license application
Board journal to show action ....
Rules and regulations governing ap-
pointment, employment, etc.
Open to inspection, when ........
Seal of city described .............
PUBLIC SCHOOLS. See: SCHOOLS
PUBLIC STREETS
Streets defined re ................
Public ways in general. See:
STREETS AND SIDEWALKS
PUBLIC UTILITIES. See: UTILITIES
PUBLIC WORKS AND IMPROVE-
MENTS
Certain provisions saved from repeal
Driveway and sidewalk construction
See: STREETS AND SIDE-
WALKS
Excavations in streets ............
See: STREETS AND SIDE-
WALKS
General improvements
Charter ordinance No. 13
See: CHARTER ORDINANCES
3627
Section
42-24
25-83
21-16 et seq.
21-17
1-9
5-97
2-52
2-1
1-2(23)
1-5
35-121 et seq.
35-201 et seq.
SALINA CODE
PUBLIC WORKS AND IMPROVE-
MENTS-Cont'd. Section
Service pipes and sewers ahead of
paving ....................... 35-176 et seq.
See: STREETS AND SIDE-
WALKS
Subdivisions regulations ........... 36-1 et seq.
See: SUBDIVISIONS
PUBLICATIONS
Obscene literature ................ 25-162 et seq.
See: INDECENCY AND OB-
SCENITY
PUERTO RICAN AMERICANS
Equal opportunity, affirmative ac-
tion policy ................ 13-1 et seq.
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
PUNCHBOARDS
Prohibited, seizure
See: GAMBLING
PURCHASING
Bonds and insurance of contractors,
licensees, etc. ................
Certain provisions saved from repeal
PYROTECHNICS
Fireworks display ................
See: FIREWORKS
Q
QUIET ZONES
Establishment
QUITTING BUSINESS SALES
Going-out-of-business sales .......
See: GOING-OUT-OF-BUSINESS
SALES
R
RABBIS
Home occupations regulated
See: ZONING
RABBIT HUTCH
Animal housing locations
RABIES
Animal regulations . . . . . . . . .
See: ANIMALS AND FOWL
RACE RELATIONS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
25-183 et seq.
2-3
1-5
14-54
38-4
32-16 et seq.
42-60
7-33
7 -1 et seq.
13-1 et seq.
RADIOS
Loudspeakers and sound trucks
See: ADVERTISING
Radio interference ................
RAILROAD CROSSINGS
Construction . . . . . . . . . . . . . . . . . . . . . .
See: STREETS AND SIDE-
WALKS
Moving building across .....
Building moving in general. See:
BUILDING CODE. See also:
STREETS AND SIDEWALKS
Traffic regulations . . . . . . . . . . . . . . . .
See: TRAFFIC
RAIN STORMS
Flood protection works ...........
See: FLOOD PREVENTION AND
CONTROL
RAMPS OR RUNWAYS
Places prohibited .................
RANK GROWTH
Nuisances enumerated and prohibited
RATS AND RODENTS
Animal nuisances ................
Garbage storage to be inaccessible to
vermin .......................
Housing code requirements ........
See: HOUSING
Nuisances enumerated and prohibited
Proper maintenance of animal yards,
etc. ...........................
RAZING STRUCTURES
Authority to remove structures to
check fire ....................
REAL ESTATE AGENTS
Home occupations regulated
See: ZONING
REAL ESTATE OFFICES
Temporary uses ..............
See: ZONING
REAL ESTATE SALESMEN, ETC.
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
REAL PROPERTY. See: PROPERTY
RECORDS. See: PUBLIC RECORDS
RECREATION. See: PARKS AND
RECREA TION
3628
Section
3-5 et seq.
25-7
35-231 et seq.
35-71
38-116 et seq.
15-16 et seq.
35-1
24-2
7-31
34-25
18-1 et seq.
24-2
7-58
14-5
42-60
42-59
13-1 et seq.
e
e
e
-
e
RECREATIONAL VEHICLES
Defined ..........................
See: MOBILE HOMES AND
TRAILERS
REFRIGERA TORS
Abandoned iceboxes, etc., accessible
to children ...................
REFUSE
Solid waste disposal ...
See: GARBAGE AND TRASH
REGIONAL PLANNING COMMIS-
SION
Created .................
See: PLANNING
REGISTRATION
Cats and dogs ...................
See: ANIMALS AND FOWL
Plumbers, gas fitters, etc. See:
PLUMBERS
RELIGIOUS RELATIONS
Equal opportunity, affirmative ac-
tion policy . . . . . . . . . .
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
RENTAL AGENCIES
Equal opportunity, affirmative ac-
tion program .......... .....
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
RENTAL TABLE GAMES
Arcades
See: ARCADES
RENTALS
Home occupations regulated
See: ZONING
REPAIR SERVICE
Home occupations regulated
See: ZONING
REPEAL OF ORDINANCES
Certain provisions saved from repeal
Effect ...........................
General provisions for code and
interpretation. See: CODE OF
ORDINANCES
RESIDENCES
Library members .................
Mobile homes. See: MOBILE
HOMES AND TRAILERS
Proximity of dance halls to ........
Trees and shrubbery, regulation of
See: TREES AND SHRUBBERY
CODE INDEX
Section
22-1(7)
25-101
34-16 et seq.
29-36 et seq.
7-91 et seq.
13-1 et seq.
13-1 et seq.
6-106 et seq.
42-60
42-60
1-5
1-7
19-26
6-47
39-1 et seq.
RESIDENTIAL UNITS
Housing code requirements
See: HOUSING
RESOLUTIONS
Board of commissioners to determine
fees, etc., by .................
Certain provisions saved from repeal
Section
18-1 et seq.
2-2
1-5
RESTAURANTS
Entertainment in food establishments 6-76 et seq.
See: FOOD AND FOOD SERV-
ICES
Equal opportunity, affirmative ac-
tion policy . . . . . . . . 13-1 et seq.
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
Food service provisions reserved ... Chap. 16(Notes)
Home occupations regulated ....... 42-60
See: ZONING
Private clubs (alcoholic beverages) 5-116 et seq.
See: ALCOHOLIC BEVERAGES
Temporary uses .. . . . . . . . . . . . . . 42-59
See: ZONING
Transient guest tax 37-16 et seq.
See: TRANSIENT GUEST TAX
REST ROOMS
Obscene writings, pictures on struc-
tures
RETIREMENTS
Firemen's relief association
See: FIREMEN'S RELIEF ASSO-
CIATION
REVENUE OF CITY. See: FI-
NANCES
REW ARDS
Offering animals as prizes or busi-
ness inducements
RIDING STABLES
Commercial animal establishment,
defined . . . . . . . . . . .
RIGHT-OF-WAY
Nuisances enumerated and prohibited
RIGHTS
Certain provisions saved from repeal
RINKS, SKATING
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
RIOTS
Emergency proclamation .........
See: CIVIL EMERGENCIES AND
DISASTERS
Unlawful assemblies .............
3629
25-166
14-17 et seq.
7-73
7 -1 (7)
24-2
1-5
6-1
10-39 et seq.
25-85
RIVERS
Oil, grease, etc., draining into
ROADS
Street defined re
Public ways in general. See:
STREETS AND SIDEWALKS
RODENT CONTROL. See: RATS AND
RODENTS
ROLLER SKATING RINKS
Licensing of amusements, generally
See: AM.USEMENTS AND EN-
TERTAINMENT
ROULETTE
Gambling prohibitions
See: GAMBLING
RUBBER GUNS
Nonpowder propelled guns
See: FIREARMS AND WEAP-
ONS
RUBBISH FIRES
Open fires
RUMMAGE SALES
Temporary uses
See: ZONING
s
SAFETY CODE
National electrical safety code
adopted
See: ELECTRICAL CODE
SALES
Auctions of new goods
Going-out-of-business sales ...
See: GOING-OUT-OF-BUSINESS
SALES
SALESMEN'S OFFICES
Home occupations regulated
See: ZONING
SALES REPRESENTATIVES
Home occupations regulated .....
See: ZONING
SALINA BICENTENNIAL CENTER
Alcoholic liquor, consumption in
SALINA CABLE TV SYSTEM
Franchises, Art. III of App. B
SALINA, CITY. See: CITY
SALINE COUNTY. See: COUNTY
SALINA CODE
Section
41-73
1-2(23)
6-1
25-176 et seq.
25-120
14-77
42-59
8-67
32-1
32-16 et seq.
42-60
42-60
5-25
SALOONS AND BARS
Alcoholic beverage regulations
See: ALCOHOLIC BEVERAGES
Entertainment in food establishments
See: FOOD AND FOOD SERV-
ICES
Open saloons prohibited .......
SALT
Pavement, pouring or placing on
SANDBLASTING
Building official
Authority to stop work .
Definitions ..
Dry sandblasting
Defined
Precautions ....................
Permits
Applications . . . . . . . . . .
Defined .......... . . . . . . . . . . . .
Fees ...... .. .. ...
Issuance . . . . . . . . . . . .
Required . . . . . . . . . . . . . . . . . . . . .
Precautions required ..
Wet sandblasting
Defined ............
Precautions ..
SANITARY SEWERS
Mobile home park distribution sys-
tems, etc. ....................
SANITATION. See: HEALTH AND
SANITATION
SCHOOL DIS'l'RICTS
Precincts outside of city, etc.
See: ELECTIONS
SCHOOLS
Loitering or trespassing on grounds
Obedience to school crossing guards
Traffic in general. See: TRAFFIC
SCULPTORS
Home occupations regulated
See: ZONING
SEAL
Seal of city described . .
SEAMSTRESS
Home occupations regulated
See: ZONING
SECONDHAND DEALERS
Junk and junk dealers. . . . . . . . . . . . .
See: JUNK AND JUNK DEAL-
ERS
Pawnbrokers, secondhand dealers,
etc.
3630
Section
5-16 et seq.
6-76 et seq.
5-26
35-2
8-478
8-476
8-476(1)
8-477 (b)
8-487
8-476(2)
8-488
8-489
8-486
4-477
8-476( 4)
8-477 (a)
22-23
12-3
25-86
38-26
42-60
2-1
42-60
33-36 et seq.
33-16 et seq.
e
e
e
-
e
SECONDHAND DEALERS-Cont'd.
Precious metal dealers ...........
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
Temporary uses ..................
See: ZONING
SECURITY GUARDS
Merchant or private policemen
See: MERCHANT OR PRIVATE
POLICEMEN
SEEING-EYE DOGS
Animals in public buildings
SENIOR CITIZENS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
SETBACK LINES
Fence construction ................
See: FENCES, WALLS, HEDGES
AND ENCLOSURES
Subdivision regulations .. . . .
See: SUBDIVISIONS
Zoning, bulk requirements
See: ZONING
SEVERABILITY
Invalid parts of code
SEX RELATIONS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMATIVE AC-
TION
SHEEP
Animal regulations ...............
See: ANIMALS AND FOWL
SHELTERS
Animal shelter, defined . . . . . . . . . . . .
Animal regulations. See: ANI-
MALS AND FOWL
SHOPLIFTING
Committing ......................
Theft in general. See: THEFT
SHOPPING CENTERS
Planned development districts, etc.
Zoning, other district require-
ments, etc. See: ZONING
SHOW BILLS, BOOKLETS, ETC.
Advertising matter, distributing
See: ADVERTISING
CODE INDEX
Section
33-16 et seq.
42-59
30-16 et seq.
7-55
13-1 et seq.
8-401 et seq.
36-1 et seq.
42-76 et seq.
1-11
13-1 et seq.
7-1 et seq.
7-1(3)
25-64
42-401 et seq.
3-1 et seq.
SHOWS
Carnival shows
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
SHRUBBERY. See: TREES AND
SHRUBBERY
SHUFFLEBOARD
Arcades 6-106 et seq.
See: ARCADES
Licensing of amusements, generally 6-1
See: AMUSEMENTS AND EN-
TERTAINMENT
Section
6-16 et seq.
SIDEWALKS. See: STREETS AND
SIDEWALKS
SIGNALING DEVICES AND HORNS
Motor vehicles sounding .......... 38-155 et seq.
See: TRAFFIC
SIGN CODE
Bond and insurance for sign busi-
ness . . . . . . . . . . . . . .. . .. ...
Person advertising their own busi-
nesses .....................
License for sign business ....... . . .
Bond and insurance ............
Other technical codes. See: TECH-
NICAL CODES
Permits required .. . . . . . . . . . . . . . . . .
Sandblasting .....................
See: SANDBLASTING
Uniform sign code, adopted .......
Zoning requirements for signs
See: ZONING
SILVER AND GOLD
Precious metals dealers, etc. ......
See: PAWNBROKERS, SECOND-
HAND DEALERS, ETC.
SINGING AND DANCING ACTS
Carnival shows ...................
See: CARNIVALS, CIRCUSl!lS
AND TENT SHOWS
SKATING RINKS
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
SKILL GAMES
Gambling prohibitions ............
See: GAMBLING
SLINGS, SLINGSHOTS, SIMILAR
DEVICES
Nonpowder propelled guns. . . . . . . . .
See: FIREARMS AND WEAP-
ONS
3631
8-384
8-385
8-383
8-384
8-382
8-476 et seq.
8-381
42-501 et seq.
33-16 et seq.
6-16 et seq.
6-1
25-176 et seq.
25-120
SLOT MACHINES
Prohibited, seizure
See: GAMBLING
SLUGS
Depositing in parking meters . . . .
SLUM AREAS
Housing code requirements
See: HOUSING
SMOKING
Buses, on ..
SNAKE HARBORAGE
Nuisances enumerated and prohibited
SOUND TRUCKS. See: LOUDSPEAK-
ERS AND SOUND TRUCKS
SOUTHWESTERN BELL TELE-
PHONE COMPANY
Franchises, Art. IV of App. B
SPANISH AMERICANS
Equal opportunity, affirmative ac-
tion policy ...................
See: EQUAL OPPORTUNITY
AND AFFIRMA TIVE AC-
TION
SPECIAL ASSESSMENTS
Certain provisions saved from repeal
SPECIAL DISTRICTS
Certain provisions saved from repeal
SPECIAL TAXES
Certain provisions saved from repeal
SPITE FENCES
Erection .........................
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
SPITTING
Public places .....................
SPRING GUNS
N on powder propelled guns . . . . . . . . .
Weapons in general. See: FIRE-
ARMS AND WEAPONS
SPRING STEEL TRAPS
Use for trapping animals .......
STABLES
Home occupations regulated .......
See: ZONING
Proper maintenance of animal enclo-
sures ........................
STAGNANT WATER
Nuisances enumerated and prohibited
SALINA CODE
Section
25-183 et seq.
38-67
18-1 et seq.
40-2
24-2
13-1 et seq.
1-5
1-5
1-5
8-402
25-5
25-120
7-76
42-60
7-58
24-2
STANDARD TRAFFIC ORDINANCE
Adoption .........................
See: TRAFFIC
STA TE
Defined ..........................
STA TIC ELECTRICITY
Radio interference
STATUTES
K.S.A., construed
STEALING
Embezzlement ....................
Inoperable vehicles on roadway ....
See: TRAFFIC
Library books ....................
Stolen property, receiving .........
Theft in general. See: THEFT
Taking, using property of another
temporarily ..................
STEEL CONSTRUCTION
Sandblasting .....................
See: SANDBLASTING
STENCHES AND ODORS
Nuisances enumerated and prohibited
STORM PROTECTION
Mobile home parks ...............
See: MOBILE HOMES AND
TRAILERS
STORM SEWERS
Subdivision regulations
See: SUBDIVISIONS
STORMS
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
BLASTING
STREAMS
Nuisances enumerated and prohibited
STREETS AND SIDEWALKS
Approaches to be paved ..........
Areaways
Protection of ...................
Assessments
Service pipes and sewers, etc.
See herein: Service Pipes and
Sewers
Barricades, warning devices
Removal, interfering with
U sing sidewalk or paving pro-
tected by ..................
Basements
Permit required for certain struc-
tures ......................
Protection of stairways, etc. ., . . . .
3632
Section
38-1
1-2(22)
25-7
1-2(10)
25-61
38-81 et seq.
19-2
25-65
25-66
8-476 et seq.
24-2
22-20
36-1 et seq.
10-39 et seq.
24-2
35-128
35-7
35-176 et seq.
35-4
35-5
35-6
25-7
e
e
e
e
e
STREETS AND SIDEW ALKS-Cont'd.
Bench marks
Established ....................
Bonds
Excavation bonds .............
See herein: Excavations
Buildings
Moving buildings ...............
See herein: Moving Buildings
Numbering. See herein: Number-
ing of Buildings
Bulkheads
Permits required for certain con-
struction ...............
Cellars
Permits required for certain con-
struction .............
Protection of stairways, etc.
City engineer
Excavation regulations. See here-
in: Excavations
Construction in or under, etc.
Permit required for certain work
Curbs
Ramps or runways attached to
Curfew for minors ...............
See: MINORS
Demolition, removal, or relocation of
buildings ....................
See: BUILDING CODE
Driveways and sidewalks (Construc-
tion and Repair)
Approaches
Distance between .............
Location of driveway approach
Where driveway approaches pro-
hibited . . . . . . . . . . . . . .
Width of driveway approaches
Compliance with provisions ......
Contractors
Defined ....................
Exemption for contractors with
city. . . . . . . . . . . . . .. . . . . . . .
Corner, defined .................
Curb parking space
Defined .... . . . . . . . . . . . . . .
Curb return, defined ............
Definitions .....................
Disapproval, correction of work ..
Driveway approach, defined .....
Driveway, defined ..............
Injury or damage
Nonliability of city; protection
of public ................
Inspection of work ..............
Licenses
Revocation ...................
Violations ..................
Location of sidewalk ............
CODE INDEX
Section
35-21
35-202
35-61 et seq.
35-6
35-6
35-7
35-6
35-1
21-16 et seq.
8-351 et seq.
35-133
35-131
35-129
35-132
35-127
35-121(1)
35-136
35-121(2)
35-121(3)
35-121(4)
35-121
35-139
35-121 (6)
35-121(5)
35-135
35-139
35-139
35-140
35-134
STREETS AND SIDEW ALKS-Cont'd.
Maintenance required ...........
Nonliability of city re injury or
damage ....................
Notice of completion of work ....
Outside sidewalk line
Defined ......................
Parcel of land, defined ..........
Paving, approaches .............
Permits
Bond requirements ............
Fees.... .... .... .............
Form, contents . . . . . . . . . . . . . . . .
Issuance .....................
License and bond prerequisite to
Licensing requirements ........
Persons required to obtain ....
Required .....................
Revocation ...................
Term, duration ...............
Plans and specifications
Adopted, filing, amendments ..
Compliance ..................
Procedure for sidewalks
. Generally ....................
Petition of property owners ...
Protection of public .............
Removal and reconstruction .....
Rules, regulations authorized ....
Supervision of work ............
Violations ........ . . . . . . . .
Encroachments. See herein: Obstruc-
tion and Encroachments
Excavations
Barricades, warning lanterns, etc.,
maintenance ....
Responsibility of permittee
City engineer, obedience to ....
Condition of restored surface ..
Disposition of money received ...
Filling, repair to be done by city
Costs, charging ..............
Jurisdiction ....................
Notice when ready for refilling. .
Part of street or sidewalk
Duty to keep available for use . .
Paving. See herein that subject
Permits
Bond required, amount, terms "
Cancellation of bond ........
Required .....................
For street construction ......
Plans, specifications ............
Procedure for refilling ..........
Public service corporations
Special provision for ..........
Responsibility of permittee ......
Safety precautions required .....
Liability of permittees ........
3633
Section
35-126
35-135
35-139
35-121(7)
35-121(8)
35-128
35-158
35-152
35-153
35-155
35-156
35-157
35-154
35-151
35-160
35-159
35-124
35-125
35-137
35-138
35-135
35-126
35-122
35-122
35-140
35-208
35-209
35-216
35-212
35-211
35-204
35-205
35-208
35-207
35-214
35-202
35-203
35-201
35-6
35-216
35-205
35-206
35-209
35-210
35-210
STREETS AND SIDEW ALKS-Cont'd.
Service pipes and sewers ........
See herein: Service Pipes and
Sewers, Etc.
Street department to assume juris-
diction .....................
Order for refilling to
Violations . . . . . . . . . . . . . . . . . .
Workmen, qualifications ........
Fences, walls, hedges, etc. . . . . . . . . . .
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
Fires prohibited on streets ........
Flood protection works ............
See: FLOOD PREVENTION AND
CONTROL
Gasoline sales restrictions ........
Handbills, circulars, posters, cards,
etc.
Throwing, scattering on public or
private property . . . . . . . . .
House moving. See herein: Building
Moving
House numbering. See herein: Num-
bering of Buildings
Intersections
Obstructions to visibility. See here-
in: Obstructions and En-
croachments
Tree trimming regulations ..
See: TREES AND SHRUB-
BERY
Licenses
Sidewalk and driveway construc-
tion . . . . . . . . .. . . . . . .. . . . .
See herein: Driveways and Side-
walks
Master street plan
Traffic regulations to conform
See: TRAFFIC
Minors, parental responsibility re
Moving buildings
Building left in street
Precautions required ..........
Building left in street at night
Precautions required ..........
Building standing more than one
hour...................... .
Curb line, extending over .. . . . . . .
Height of building .............
Notice to building official required
Permits
Applications ..................
Approval by building official
Bonds .......................
Duration .....................
Fees........................ .
SALINA CODE
Section
35-176 et seq.
35-208
35-207
35-217
35-213
8-401 et seq.
14-78
15-16 et seq.
14-79
3-2 et seq.
39-1 et seq.
35-151 et seq.
38-2
21-17
35-65
35-66
35-70
35-67
35-62
35-61
35-82
35-83
35-86
35-87
35-85
STREETS AND SIDEW ALKS-Cont'd.
Issuance .....................
Required .....................
Route
Approval by fire chief, city
engineer ...............
Planking required; exceptions
Railroad tracks, crossing ........
Special permits to move on certain
streets, etc. ................
Trimming of trees ..............
Violations ......................
Wires, removal .................
Nuisances enumerated and prohibited
Numbering of buildings
Assignment of numbers ........
Compliance required ............
Duty to display numbers ........
Even and odd numbers .........
Size of figures .................
Starting points ................
Obstructions and encroachments
Building construction, in course of
Moving buildings ...............
See herein: Moving Buildings
Notice and removal .............
Prohibited . . . . . . . . . . . . . . . . . . . . . .
Temporary while receiving, ship-
ping merchandise ...........
Use of public property for aes-
thetic purposes
Abutting property owners, by . .
Visibility at intersections
Exceptions ...................
Notice, removal by property
owner ...................
Preexisting violations not ex-
cepted ...................
Prohibited . . . . . . . . . . . . . . . . . . . .
Removal by city ..............
Wires in streets
Duty to remove .. . . . . . . . . . . . . .
Nuisance declared, abatement ..
Prohibited .... . . . . . . . . . . . . . . . .
Oil, grease, etc., draining into sewers,
rivers, etc. ...................
Parking regulations ...............
See: TRAFFIC
Pavement
Driving rod or stake through
Paving
Service pipes and sewers ahead of
paving .....................
See herein: Service Pipes and
Sewers, Etc.
Peddler's vehicles restricted .......
3634
Section
35-87
35-81
35-84
35-68
35-71
35-64
35-69
35-72
35-63
24-2
35-105
35-101
35-106
35-103
35-104
35-102
35-39
35-61 et seq.
35-37
35-36
35-38
35-40
35-52
35-54
35-53
35-51
35-55
35-42
35-42
35-41
41-73
38-41 et seq.
35~3
35-176 et seq.
28-3
e
e
e
e
e
STREETS AND SIDEW ALKS-Cont'd.
Permits
Driveway and sidewalk construc-
tion .......................
See herein: Driveways and Side-
walks
Excavations ....................
See herein: Excavations
Public intoxication ...............
Railroad crossings
Duty to construct. . . . . . . . . . . . . . .
Waiver of construction require-
ments .. . . . . . . . . . . . . . . . . . . . .
Ramps or runways prohibited .....
Refuse and refuse containers
Storage on public right-of-way ..
See: GARBAGE AND TRASH
Rod or stake
Driving through pavement ......
Salt water prohibited on pavement . .
Service pipes and sewers ahead of
paving
Assessments of costs ...........
Certification, collection of as-
sessments ................
Compliance with ordinances, speci-
fications ...................
Construction after expiration of
deadline . . . . . . . . . . . . . . . . . . . .
Duty to lay water pipes, etc. ....
Excavation regulations. See here-
in: Excavations
Laying by city .................
Notice by city required ..........
Sidewalks. See also herein: Drive-
ways and Sidewalks
Defined ........................
Trimming of trees near sidewalks
See: TREES AND SHRUB-
BERY
Snow and ice on sidewalks
Duty to remove ................
Failure to remove ..............
Nuisance declared ..............
Removal by city and assessment of
costs . . . . . . . . . . . . . . . . . . . . . . .
Sound trucks, loudspeakers ........
See: ADVERTISING
Spitting in public places ... . . . . . . . .
Stairways or railings
Permits required for certain con-
struction ...................
Protection of ...................
Stake. See herein: Rod or Stake
Street, defined ...................
Subdivision regulations ...........
See: SUBDIVISIONS
Traffic regulations . . . . . . . . . . . . . . . .
See: TRAFFIC
CODE INDEX
Section
85-151 et seq.
85-201 et seq.
25-88
85-231
85-232
85-1
84-26
35-8
85-2
85-178
85-179
35-181
85-180
85-176
25-178
85-177
1-2(21)
89-4
85-252
85-258
85-251
85-254
8-5 et seq.
25-5
85-6
85-7
1-2(28)
86-1 et seq.
88-1 et seq.
STREETS AND SIDEW ALKS-Cont'd.
Tree trimming, etc. ...............
See: TREES AND SHRUBBERY
Trees and shrubbery
Obstructions to visibility ........
See herein: Obstructions and
Encroachments
Trucks, heavy vehicles ............
See: TRAFFIC
Vacation of public ways
Certain provisions saved from re-
peal .......................
Vehicle size, weight, and loads
See: TRAFFIC
Visibility at intersections
Obstructions. See herein: Obstruc-
tions and Encroachments
SUBDIVISIONS
Access to arterials ................
Amendments .....................
Application and interpretations ....
Application procedure and approval
process
C.ompliance . . . . . . . . . . . . . . . . . . . . .
Official submission dates ........
Preliminary plats
Generally ....................
See also herein: Plats and Plat-
ting
Submission schedule ............
Authority ........................
Block corners, monuments ........
Blocks, requirements ..............
Bonds
Performance bonds . . . . . . . . . . . . . .
Character of land ................
Compliance required ..............
Conditions .......................
Conflicting provisions .............
Dead-end streets . . . . . . . . . . . . . . . . . .
Definitions .......................
Design .... . . . . . . . . . . . . . . . . . . . . . . .
See also herein specific subjects
Standards ......................
Drainage and storm sewers ........
Drainage easements ..............
Driveway and sidewalk construction
See also: STREETS AND SIDE-
WALKS
Easements
Dedication of drainage easements
Enforcement .....................
Excavations in streets ............
See: STREETS AND SIDE-
WALKS
Exceptions. See herein: Variations
and Exceptions
Flood plain areas ................
3635
Section
39-1 et seq.
85-51 et seq.
88-131 et seq.
1-5
88-131 et seq.
86-74(a) (4)
86-7
86-5
86-26
86-27
86-86 et seq.
86-28
86-8
86-71 (d)
86-74 (a) (8)
86-73
86-71 (e)
86-26
86-8
86-5
86-74(a) (7)
86-2
86-71 et seq.
86-74(b)
86-75
86-75(d)
85-121 et seq.
86-75(d)
86-11
85-201 et seq.
86-75(c)
SUBDIVISIONS-Cont'd.
Flood protection works ...........
See: FLOOD PREVENTION AND
CONTROL
Historic spots, trees, shrubbery, etc.
Preservation of natural features,
etc. ........................
Improvements
Generally ......................
See also herein specific subjects
Interpretation ....................
Intersections
Design standards ...............
Lots and lot improvements .. . . . . . . .
Access from arterial streets .....
Dimensions . . . . . . . . . . . . .
Double frontage lots ............
Drainage ......................
Fencing ........................
Lot arrangement ...............
Lot splits ......................
Water bodies and watercourses
Mobile homes and trailers .........
See: MOBILE HOMES AND
TRAILERS
Monuments
Installation ....................
Name of subdivision ..............
Natural features and amenities, pres-
ervation .....................
Oil and gas drilling, etc. ..........
See: OIL AND GAS
Pedestrian access to sidewalks .....
Performance bonds ...............
Planning . . . . . . . . . . . . . . . .
See: PLANNING
Plats and platting
Final plats
Application procedure and re-
quirements ...............
Board of commissioners, review
by .......................
Documents to be submitted, re-
quirements ...............
Notification process . . . . . . . . . . .
Planning staff review .........
Recording of plats ............
Review by planning commission
Submission and review ........
Vested rights .........
Municipal boundaries, plats strad-
dling . . . . . . . . . . . . . . . . . . . .
Preliminary plats
Application procedure and re-
quirements ...............
Documents to be submitted, re-
quirements ...............
Notification process ...........
Planning staff and planning
commission review ........
SALINA CODE
Section
15-16 et seq.
36-80
36-71 et seq.
36-5
36-74(b) (3)
36-72
36-72(d)
36-72(c)
36-72(d)
36-72(e)
36-72(f)
36-72(b)
36-72(a)
36-72(g)
22-1 et seq.
36-71 (d)
36-71(f)
36-80
26-1 et seq.
36-77 (b)
36-73
.29-1 et seq.
36-51
36-55
36-92
36-53
36-52
36-58
36-54
36-56
36-57
36-71 (c)
36-36
36-91
36-39
36-38
SUBDIVISIONS-Cont'd.
Preliminary approval .........
Effective period of .. . . . . . . . .
Review by appropriate agencies
Zoning regulations ............
Vacation of plats ...............
Policy and purposes ..............
Proposed names ..................
Public uses .......................
Railroads and limited access high-
ways..... ..............
Reservations and designs .........
See herein specific subjects
Restrictive covenants .............
Rules and regulations
Plats to comply with all ordi-
nances, etc. ................
Saving provision . . . . . . . . . . . . . .
Septic tanks, individual sewer sys-
tems .......................
Sewers
Water and sewer facilities ......
Sidewalk construction .............
See: STREETS AND SIDE-
WALKS
Sidewalks
Required improvements .. . . . . . . . .
Storm sewers and drainage ........
Streets
Dedication .....................
General requirements . . . . . . . . . . . .
Street dedications and reservations
Title .... . . . . . . . . . . . . . . . . . . . . . . . . .
Topography and arrangement of
streets .......................
Utilities
Easements, etc. ................
Variations and exceptions .........
Violations and penalties ...........
Water and sewer facilities ........
Wells and central water systems ..
Zoning ..........................
Subdividing required prior to zon-
ing ........ ...
See: ZONING
SUITS AND PLEAS
Indemnification and liability
See: INDEMNIFICATION
Recovery of license fee by suit ....
Repeal of ordinances, effect .......
SUNDAYS
Computation of time re . . . . . . . . . . . .
Food establishments, entertainment,
etc., in ......................
SURGEONS
Bullet wounds, knife wounds, etc.
Duty to report . . . . . . . . . . . . . . . . . .
3636
Section
36-40
36-41
36-37
36-42
36-9
36-4
36-71 (f)
36-79
36-74(b)(2)
36-71 et seq.
36-71(b)
36-71(a)
36-6
36-76
36-76
35-121 et seq.
36-77
36-75
36-74(a) (7)
36-74(a)
36-74(c)
36-1
36-74(a) (2)
36-78
36-10
36-11
36-76
36-76
42-1 et seq.
42-8
2-76 et seq.
20-11
1-7
1-2
6-76
25-6
e
e
e
-
e
SURGEONS-Cont'd.
City-county board of health . . . . . . . .
See: HEALTH AND SANITA-
TION
SURVEYS, MAPS AND PLATS
Bench marks established ..........
Certain provisions saved from repeal
Flood prevention and control map
Lands included in corporate limits
Mobile home park map required . . . .
Numbering of buildings ..........
See: STREETS AND SIDE-
WALKS
Planning regulations
See: PLANNING
Subdivision regulations ...........
See: SUBDIVISIONS
Zoning maps, boundaries, etc. .....
See: ZONING
SWEAR OR SWORN. See: OATH,
AFFIRMATION, SWEAR OR
SWORN
SWINE
Animal regulations ..............
See: ANIMALS AND FOWL
T
TABLE GAMES
Arcades . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ARCADES
Gambling prohibitions . . . . . . . . . .
See: GAMBLING
TAILORS
Home occupations regulated
See: ZONING
TAXA TAlON
Certain provisions saved from repeal
Charter ordinances .............
Library board levies . . . . . . . . . . . .
Limitations on tax levies
Charter ordinance Nos. 1, 3, 9
See: CHARTER ORDINANCES
Occupational license taxes. See: LI-
CENSES AND PERMITS
Transient guest tax ..............
See: TRANSIENT GUEST TAX
TAXICABS
Arrangements considered single firm
or owner ....................
Business licenses
Applications ...................
Approval ....................
Signing, identification of inter-
ested parties .............
Drivers' licenses. See also herein
that subject
CODE INDEX
Section
17-16 et seq.
35-21
1-5
15-2
22-21(a) (5)
35-101 et seq.
29-1 et seq.
36-1 et seq.
42-40 et seq.
7-1 et seq.
6-106 et seq.
25-176 et seq.
42-60
1-5
App. A
19-38
37-16 et seq.
40-53
40-82
40-87
40-86
T AXICABS-Cont'd.
Fees
Generally ....................
Inspection fees . . . . . . . . . . . .
Identification requirements
Inspection of vehicles . . . . . . . . . . . .
Inspection fees . . . . . . . . . . . . . . . .
Insurance required ..............
Issuance . . . . . . . . . . . . . . . . .
Maintenance of vehicles . . . . . . . . . .
Register .......................
Required .......................
Residence requirement of licensee
Revocation, suspension
Unfit vehicles
Title certificate required
Transfer of ..........
Vehicle covered ................
Charging for certain time prohibited
hibited . . . . . . . . . . . .
Cruising
Prohibited, when . . . . . . . . .
Definitions
Drivers' licenses
Ability to drive, examination re
Age, residence of applicant
Applications . . . . . . . . . .
Approval .........
City geography, knowledge of
Criminal record of applicant, report
Licensing of person with crimi-
nal record . . . . . . . . . .
Examinations re . . . . . . . . . .
Fees. . . . . " . " .. . . .. . .. . . .. ..
Identification badge
Investigation re . . . . . . . . . . . . .
Issuance . . . . . . . . . . . . . . . .
Other requirements. See herein:
Business Licenses
Renewal . . . . . . . . . . . . . . . . . . . . .
Required
Revocation or suspension
License to be taken up, reports
Traffic law, knowledge of
Fares. See also herein: Rates
Refusing to pay
Violation of ..............
Funerals, weddings, etc.
Exemptions for vehicles used at . .
Illegal purposes, use of vehicle for .
Immoral purposes
Use, permitting use for .........
Inspection of vehicles ..........
See also herein: Business Licenses
Insurance required ................
Licenses, business. See herein: Busi-
ness Licenses
Licenses, driver. See herein: Drivers'
Licenses
3637
Section
40-95
40-90
40-86
40-89
40-90
40-88
40-91
40-89
40-92
40-81
40-83
40-96
40-89
40-84
40-94
40-85
40-65
40-65
40-54
40-46
40-112
40-109
40-107
40-113
40-112
40-110
40-111
40-112
40-108
40-114
40-110
40-113
40-115
40-106
40-116
40-117
40-112
40-67
40-59
40-48
40-70
40-69
40-89
40-88
T AXICABS-Cont'd.
Liquor, transporting
Operator
Scope of terms
Owner
Scope of terms
Passengers
Cruising, soliciting for
Intermediate pick up of
Number limited ........
Refusing to pay fare
Pool cab service
Availability of service ........
Defined . . . . . . . . . . .
Provisions applicable to service
Rates of fare . . . . . . . . . . . .
Who may operate ...............
Prostitution, other sexual offenders,
etc.
Using, permitting cab for
Rates. See also herein: Fares
Filing and posting in cabs
Soliciting
Soliciting passengers prohibited
Speedometer
Required to be lighted
Streets
Defined . . . . . . . .
Telephones prohibited on
Taximeters
Charging for certain time pro-
hibited ..' ........
Connection to drive wheel pro-
hibited . . . . . . . . . . . . . . . . . .
Defined ... . . . . . . . .
Fares. See also herein: Rates
Incorrect, unapproved taximeter,
ue ......................
Inspection, testing .............
Lighting required ..............
~aintenance . . . . . . . .
Rates, filing . . . . . . . . . . . . . . . . . . . .
Rates. See also herein: Fares
Required . . . . . . . . . . . . . . .
Signals . . . . . . . . . . . .
Violation of fares ..............
Telephones
Prohibited on streets ............
Unfit vehicles
Revocation, suspension of license
See herein: Business Licenses
Vehicle license
Identification requirements
Vehicle driver, signature, etc.
Inspections
Vehicle driver's license ........
Vehicle driver's license to be posted
Vehicles for hire, generally. See: VE-
HICLES FOR HIRE
SALINA CODE
Section
40-70
40-47
40-47
40-54
40-58
40-68
40-67
40-71 (d)
40-71(b)
40-71 ( e)
40-71 (c)
40-71(a)
40-69
40-57
40-54
40-62
40-46(1)
40-55
40-65
40-61
40-46(3)
40-61
40-66
40-62
40-63
40-57
40-56
40-64
40-59
40-55
40-89
40-93
40-93
40-93
TECHNICAL CODES
Building code ..................
See: BUILDING CODE
Electrical code .....
See: ELECTRICAL CODE
Gas code . . . . . . . . . .
See: GAS CODE
~echanical code .................
See: ~ECHANICAL CODE
Plumbing code . . . . . . . .
See: PLU~BING CODE
Sign code adopted ...............
See: SIGN CODE
TELEPHONE POLES. See: POLES
AND WIRES
TELEPHONES
Bail bondsmen telephone numbers, as
to . . . . . . . . . . ..,
Franchises, Art. IV of App. B
Harassment by telephone .........
New mobile home parks, etc.
Taxicab restrictions ..........
TELEVISION
Franchises, Art. III of App. B
Radio interference ................
Tampering with cable TV . . . . . . . . .
TE~PORARY IDLE FUNDS
Investment . . . . . . . . . . . . . . . . . .
See: FINANCES
TENANT IN CO~~ON, ETC.
Owner defined re . . . . . . . . . . . . . .
TENANT, OCCUPANT
Terms construed
TENE~ENTS
Real property defined re ..........
Property in general. See: PROP-
ERTY
TENT SHOWS. See: CARNIVALS,
CIRCUSES AND TENT SHOWS
TENTS, TRAILERS, ETC.
Housing code requirements ........
See: HOUSING
~obile homes . . . . . . . . . . . . . . . . . . . . .
See: ~OBILE HO~ES AND
TRAILERS
TERRITORIAL APPLICATION
Zoning provisions ................
See: ZONING
THEATERS
Carnival shows ...................
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
3638
Section
8-36 et seq.
8-66 et seq.
8-246 et seq.
8-281 et seq.
8-176 et seq.
8-381
23-43
25-43
22-38( e)
40-55
25-7
31-5
2-161 et seq.
1-2(15)
1-2(24)
1-2(20)
18-1 et seq.
22-1 et seq.
42-3
6-16 et seq.
e
e
e
-
e
THEATERS-Cont'd.
Licensing of amusements, generally
See: AMUSEMENTS AND EN-
TERTAINMENT
Spitting in public places ..........
THEFT. See also: STEALING
Inoperable vehicles on roadway ....
See: TRAFFIC
Library books, stealing ...........
Property of another ..............
Theft of gas or electric current
THREA TS
Telephone harassment ............
TIME
Computation of time for interpreting
code .........................
TOBACCO
Smoking on buses ..............
TOILET FACILITIES
Housing code requirements ........
See: HOUSING
Obscene writings, pictures on struc-
tures ........................
TORNADOS
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
TOURISTS
Transient guest tax ...............
See: TRANSIENT GUEST TAX
TRADES
Occupational licenses. See: LI-
CENSES AND PERMITS
TRAFFIC
Abandoned vehicles
Inoperable vehicles .............
See herein: Inoperable Vehicles
Animals involved in accidents
Report of motor vehicles striking
animals ....................
Animals left in cars ..............
Bicycles
Business districts, riding on side-
walks in . . . . . . . . . . . . . . . . . . . .
Duties when riding on sidewalk "
Vehicles used by children in vio-
lations, commandeering .....
Blind or incapacitated persons
Impersonating ..................
Buildings
Demolition, removal, or relocation
of buildings ................
See: BUILDING CODE
Careless driving ..................
CODE INDEX
Section
6-1
25-5
38-81 et seq.
19-2
25-60
31-2
25-43
1-2( 4)
40-2
18-1 et seq.
25-166
10-39 et seq.
37-16 et seq.
38-81 et seq.
7-72
7-46(a) (3)
38-23
38-24
38-6
38-25
8-351 et seq.
38-21
TRAFFIC-Cont'd.
Certain provisions saved from re-
peal .........................
Children. See herein: Minors
Curb
Parking. See herein: Parking,
Stopping, and Standing
Demolition, removal, or relocation of
buildings . . . . . . . . . . . . . . .
See: BUILDING CODE
Disabled vehicles
Inoperable vehicles . . . . . . . . . . . . . .
See herein: Inoperable Vehicles
Dogs and cats
Leaving unattended animals in hot
cars .......................
Drivers' licenses
Taxicab regulations .........
See: TAXICABS
Freight vehicle regulations .....
See: FREIGHT VEHICLES
Funeral processions. See herein: Pa-
rades and Processions
Handbills and other advertising mat-
ter
Attaching to motor vehicles
Heavy vehicles. See herein: Size,
Weight, and Load
House moving
Demolition, removal, or relocation
of buildings ...............
See: BUILDING CODE
Impersonation
Blind or handicapped persons
Inoperable vehicles
Administrative procedure .......
Blight, unsightly conditions, etc.,
causing ....................
Breeding ground for flies, mos-
quitoes, rats, and other vermin
Findings relative to abandoned
vehicles ..................
Broken glass, sharp protrusions,
insecure mounting, etc. ......
C-1 zoning district, vehicles in "
Definitions .....................
Findings of governing body .....
Fire hazard, constituting ........
Penalties .......................
Pilfering, theft, etc.
Findings of governing body .. . .
Presumptions that vehicle is in-
operable ...................
Prohibitions ....................
Screening ......................
Temporary disabled vehicles ....
Intersections
Certain provisions saved from re-
peal.......................
3639
Section
1-5
8-351 et seq.
38-81 et seq.
7-46(a) (3)
40-106 et seq.
40-16 et seq.
3-1
8-351 et seq.
38-25
38-87
38-81
38-81
38-81
38-85
38-82
38-81
38-81(4)
38-88
38-81
38-86
38-83
38-85
38-84
1-5
TRAFFIC-Cont'd.
Railroad crossings. See herein that
subject
Tree trimming regulations. See:
TREES AND SHRUBBERY
Licenses
Nonissuance to children requested,
when..................... .
Restricted licenses
Applications referred to police
chief, action on ..........
Taxicab regulations ............
See: TAXICABS
Load. See herein: Size, Weight, and
Load
Loading zones
Zoning requirements for off-street
loading, etc. . . . . . . . . . .
See: ZONING
Minors
Bicycles, etc., used by children in
violations
Police to take up . . . . . . . . . .
Parental responsibility for viola-
tions ......................
Moving vehicles
Boarding or alighting from .. . . . .
Mufflers or sound dissipative devices
on vehicles ...................
See herein: Noise
Municipal lots
Parking of vehicles in .......... .
See herein: Parking Meters
Noise
Definitions .....................
Exempt vehicles ................
Horns and signaling devices .....
Mufflers or sound dissipative de-
vices
Adequate devices required .....
Noises in general. See: NOISE
Operating noise limits ..........
Prohibitions ....................
Quiet zones ....................
Standing motor vehicles .........
Train whistles
Sounding at certain intersections
unlawful .................
Nuisance vehicles
Impounding, removal ............
Nuisances in general. See: NUI-
SANCES
Obstructions
Trains blocking streets ..........
See herein: Railroad Crossings
One way streets
Certain provisions saved from re-
peal .......................
SALINA CODE
Section
38-5
38-6
40-81 et seq.
42-551 et seq.
38-9
38-8
38-22
38-154
38-65
38-151
38-157
38-155
38-154
38-153
38-152
38-4
38-156
38-118
38-43
38-116
1-5
TRAFFIC-Cont'd.
Parades and processions
Drivers in processions, duties
Driving through ................
Funeral processions
Pennant or escort required ....
Permits required ...............
Parking meters
Coin deposits
Depositing slugs .............
Duty to deposit coin, activate
meter ...................
Curb
Front wheel to be against . . . . . .
Damaging, defacing meters ......
Definitions .....................
Front wheel to be against curb ..
Holidays, no operation on .......
Improper parking, penalties .....
Installation ....................
Location, construction of ........
Maintaining, procuring
Duties of manager. . . . . . . . . . . .
Manager, duties ................
Municipal lots
Length of vehicles in ..........
Overtime parking ...............
Parking, stopping, and standing.
See also herein that subject
Permitting vehicle to park over-
time .....................
Parking meter zones
Defined ......................
Establishment ................
Parking spaces (stalls)
Duty to park in ..............
Improper parking, penalties . . . .
Markings ....................
Penalty . . . . . . . . . . . .
Payment in lieu of . . . . . . . . . . . .
Provisions declared supplemental
Receipts, purpose of ............
Slugs, depositing . . . . . . . . . . . . . . . .
Stalls. See herein: Parking Spaces
Temporary suspension of use of
meters . . . . . . . . . . . . . . . . .
Vehicle, defined. . . . . . . . . . . . . . . . .
Violations
Notice .......................
Payment in lieu of penalty ....
Penalty ......................
Police to report ...............
Parking, stopping, or standing
Arterial streets
Nighttime parking ............
Certain provisions saved from re-
peal .......................
Curb
Front wheel to be against. . . . .
3640
Section
38-103
38-104
38-102
38-101
38-67
38-62
38-61
38-68
38-51
38-41.3, 38-61
38-58
38-60
38-55
38-57
38-56
38-55 et seq.
38-65
38-63
38-64
38-51(2)
38-54
38-59
38-60
38-55
38-71
38-70
38-53
38-52
38-67
38-68
38-51(3)
38-70
38-70
38-71
38-69
38-41
1-5
38-41.3, 38-61
e
e
e
-
e
TRAFFIC-Cont'd.
Handbills, other advertising mat-
ter, distributing ............
Impounding of vehicles
Nuisance vehicles, removal ....
Inoperable vehicles ............
See herein: Inoperable Vehicles
Nighttime parking on certain
streets ....................
Nuisance vehicles
Impounding, removal ..........
Overtime parking ...............
Parking meters. See also herein
that subject
Private property
Parking on without permISSIon
Standing motor vehicles creating
noise ......................
Streets in residential areas
Parking certain vehicles in
Violations ......................
Zoning requirements for off-street
parking and loading
See: ZONING
Processions. See herein: Parades and
Processions
Property owners
Provisions not to interfere with
Quiet zones ......................
Noise. See also herein that subject
Railroad crossings
Backing trains, cars across ......
Construction and maintenance . . .
See: STREETS AND SIDE-
WALKS
Other provisions relative to rail-
road crossings. See: RAIL-
ROAD CROSSINGS
Trains blocking streets .........
Whistles
Unlawful to sound at certain in-
tersections . . . . . . . . . . . . .
Real property owners
Provisions not to interfere with
Reckless driving
Careless driving ................
Regulations
Conformance to street plan. . . . . .
School crossing guards
Obedience required ..............
Sidewalks
Bicycles. See herein that subject
Size, weight, and load
Compliance required ............
Exemptions ....................
Gross weight ...................
Height and length of vehicles and
loads ......................
CODE INDEX
Section
3-1
38-43
38-81 et seq.
38-41
38-43
38-41. 7
38-42
38-156
38-41
38-44
42-551 et seq.
38-7
38-4
38-117
35-231 et seq.
38-116
38-118
38-7
38-21
38-2
38-26
38-131
38-182
38-137
38-135
3641
TRAFFIC-Cont'd.
Passenger vehicles
Projecting loads on . . . . . . . . . . . .
Through truck traffic prohibited
on certain streets ...........
Vehicle weight laws
Enforcement .................
Wheel and single axle load limits .
Width of vehicles and loads on ..
Snow and ice on sidewalk . . . . . . . . . .
See: STREETS AND SIDE-
WALKS
Standard traffic ordinance
Adoption .......................
Standing. See herein: Parking, Stop-
ping, and Standing
Stop intersections
Certain provisions saved from re-
peal.... ...................
Streets
Manager may designate streets for
other purposes . . . . . . . . . . . . . .
Taxicab regulations ...............
See: TAXICABS
Temporary closing of streets
Authority of manager ..........
Through streets
Certain provisions saved from re-
peal .......................
Tires and wheels on vehicles
Front wheel turned to curb on
parking . . . . . . . . . . . . . . .
Size, weight, and load require-
ments ......................
See herein: Size, Weight, and
Load
Traffic-control signs, signals and de-
vices
Certain provisions saved from re-
peal .......................
Trains. See herein: Railroad Cross-
ings
Tree trimming regulations ........
See: TREES AND SHRUBBERY
Trucks
Size, weight, and load ...........
See herein: Size, Weight and
Load
Unattended vehicles
Inoperable vehicles . . . . . . . . . . . . . .
See herein: Inoperable Vehicles
Vehicles for hire . . . . . . . . . . . . . . . . . .
See: VEHICLES FOR HIRE
Violations
Criminal violations .............
Nuisance declared, abatement. . . .
Parental responsibility re children
Parking violations ..............
Police to take up bicycles, etc.
used by children ............
Section
38-134
38-139
38-138
38-136
38-133
35-251 et seq.
38-1
1-5
38-3
40-46 et seq.
38-3
1-5
38-41.3, 38-61
38-133
1-5
39-1 et seq.
38-131 et seq.
38-81 et seq.
40-1 et seq.
39-8
39-9
38-8
38-44
38-9
TRAFFIC-Cont'd.
Weight of vehicles. See herein: Size,
Weight, and Load
White walking cane
Misuse ........................
TRAILER RENTAL
Home occupations regulated . . . . . . . .
See: ZONING
TRAILERS. See: MOBILE HOMES
AND TRAILERS
TRAINED ANIMALS
Circus and tent show requirements
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
Dogs trained to assist blind or deaf
persons exempt from certain
provisions ....................
TRAINS
Railroad crossings. See: STREETS
AND SIDEWALKS. See also:
TRAFFIC
Traffic regulations . . . . . . . . . . . . . . . .
See: TRAFFIC
TRANSIENT GUEST TAX
Collection of ....................
Convention and tourism committee
Tax levied .......................
TRANSIENT MERCHANTS
Peddlers, licensing of .............
See: PEDDLERS, CANVASSERS
AND SOLICITORS
TRAPPING
Humane live animal trap, defined
Spring steel traps restricted ......
Other provisions regarding care of
animals. See: ANIMALS AND
FOWL
TRASH FIRES
Open fires .....................
TREASURER. See also: CITY TREAS-
URER
Library board ....................
TREES AND SHRUBBERY
Animals destroying property in parks
Authority to regulate planting, main-
tenance, etc. ..................
Criminal violations . . . . . . . . . . . . . . . .
Dead trees and limbs, removal . . . . . .
Diseased trees and shrubs
Infection, powers of city re .....
Notice requiring cutting or re-
moval .....................
Failure to comply with .. . . . . . .
SALINA CODE
Section
38-25
42-60
6-16 et seq.
7-55
38-116 et seq.
37-17
37-18
37-16
28-1 et seq.
7-1(13)
7-76
14-77
19-37
27-17
39-1
39-8
89-5
39-53
39-51
39-52
TREES AND SHRUBBERY-Cont'd.
Fences, walls, hedges, etc. .........
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
Franchise rights and regulations .,.
Injury, cutting, destroying ........
Notice requiring trimming or re-
moval .......................
Failure to comply with ..........
Plants and parkings
Rights of property owners ......
Right of city to maintain construed
Street obstructions and encroach-
ments . . . . . . . . . . . . . . . . . . . . . . . .
See: STREETS AND SIDE-
WALKS
Subdivision regulations .. . . . . . . . . . .
See: SUBDIVISIONS
Treaters and trimmers
Definitions .....................
Exemptions ....................
Licenses
Applications ..................
Bonds . . . . . . . . . . . . . . . . . . . . . .
Denial or revocation ..........
Fees .....................
Insurance ....................
Required .....................
Transfer of ..................
Pests, defined ..................
Trimming of trees for building mov-
ing operations ...............
Building moving in general. See:
BUILDINGS. See also:
STREETS AND SIDEWALKS
Trimming of trees on or near streets
Duty of owner, occupant, etc. ....
Utility company's right to trim
trees, branches ........
'l'RENCHES
Excavations in streets ............
See: STREETS AND SIDE-
WALKS
Flood protection works ......
See: FLOOD PREVENTION AND
CONTROL
TRESPASSING
Apples, pears, peaches, plums,
grapes, etc.
Stealing fruit ..................
Criminal trespass ................
Other offenses relative to property.
See: PROPERTY
Flood protection works property ...
School or institutions .............
TRUCKS
Freight vehicles ..................
See: FREIGHT VEHICLES
3642
Section
8-401 et seq.
App. B
39-3
39-6
39-7
39-2
39-10
35-36 et seq.
36-1 et seq.
39-21
89-22
39-32
39-34
39-35
39-33
39-34
39-31
39-36
39-21(2)
35-69
39-4
31-10
35-201 et seq.
15-16 et seq.
25-63
25-66
15-4
25-86
40-16 et seq.
e
e
e
e
e
TRUST FUNDS
Firemen's relief association funds
See: FIREMEN'S RELIEF ASSO-
CIATION
TV GAMES
Arcades .. . . . . . . . . . . . . . . . . . . . . . . . .
See: ARCADES
TYPEWRITING
Writing, etc., construed re
U
UNDERBRUSH
Nuisances enumerated and prohibited
UNDERGROUND UTILITIES
Franchise rights and regulations
UNFIT DWELLINGS
Housing code requirements
See: HOUSING
UNIFORM CODES
Building code ....................
See: BUILDING CODE
UNIFORM MECHANICAL CODE
Adopted and amended ............
See: MECHANICAL CODE
UNIFORM PLUMBING CODE
Adopted .........................
See: PLUMBING CODE
UNIFORM SIGN CODE
Adopted . . . . . . . . . . . . . . . . . . . . . . . . . .
See: SIGN CODE
UNSAFE STRUCTURES
Code for abatement of dangerous
buildings .....................
See: BUILDING CODE
URBAN RENEWAL
Charter ordinance No. 2
See: CHARTER ORDINANCES
Housing code requirements ........
See: HOUSING
USED CARS
Junkyards, etc. ...................
See: JUNK AND JUNK DEAL-
ERS
UTILITIES
Cable TV, tampering with .........
Director of utilities
Official bonds, amount ..........
Official bonds in general. See:
OFFICERS AND EMPLOY-
EEs
Electric, gas meters, wires, pipes, etc.
Tampering with ................
CODE INDEX
Section
14-25
6-106 et seq.
1-2(25)
24-2
App. B
18-1 et seq.
8-36 et seq.
8-281 et seq.
8-176
8-381
8-331
18-1 et seq.
33-36 et seq.
31-5
2-63
31-1
UTILITIES-Cont'd.
Electrical code adopted ...........
See: ELECTRICAL CODE
Electricity
Discontinuing if fraudulently taken
Excavations in streets . . . . . . . . . . . . .
See: STREETS AND SIDE-
WALKS
Fires
Removal of wires, turning off cur-
rent .......................
Flood protection works ............
See: FLOOD PREVENTION AND
CONTROL
Franchises, Arts. I and II of App. B
Fraud
Discontinuance of service ........
Gas service
Discontinuing when fraudulently
taken ......................
Housing code requirements ........
See: HOUSING
Inspections
Company's right of entry . . . . . . . .
Meters
Bypassing . . . . . . . . . . . . . . . . . . . . . .
Tampering with ................
Unlawful device as prima facie evi-
dence against consumer .....
Mobile home regulations ..........
'See: MOBILE HOMES AND
TRAILERS
Poles
Painting .......................
Certain district, prohibited ....
Underground wires required where
poles prohibited ............
Right of entry ...................
Service pipes, etc., ahead of paving
See: STREETS AND SIDE-
WALKS
Solid waste removal ...............
See: GARBAGE AND TRASH
Special fund for utility costs and
employee benefits
Charter ordinance Nos. 16, 17
See: CHARTER ORDINANCES
Subdivision regulations .. . . . . . . . . . .
See: SUBDIVISIONS
Taking gas or current not passing
through meter ................
Trees and shrubbery, regulations ..
See: TREES AND SHRUBBERY
Trimming of trees, branches .......
Underground wires, required, where
Unlawful device as prima facie evi-
dence against consumer .......
Water and sewers ................
See: WATER AND SEWERS
3643
Section
8-66 et seq.
31-6
35-201 et seq.
8-82
15-16 et seq.
31-6
31-6
18-1 et seq.
31-4
31-2
31-1
31-3
22-16 et seq.
31-7
31-8
31-9
31-4
35-176 et seq.
34-16 et seq.
36-1 et seq.
31-2
39-1 et seq.
31-10
31-9
31-3
41-1 et seq.
/
/
UTILITY POLES. See: POLES AND
WIRES
v
VACANT LOTS
Open fires . . . . . . . . . . . . . . . . . . . . . . . .
VACCINATION
Dogs and cats, rabies shots for ....
VANDALISM
Altering or tampering with code ..
Injury, damage to trees ...........
See: TREES AND SHRUBBERY
Lawfully posted adertising, damag-
ing ..........................
Library books or property, damaging
Malicious mischief ................
Parking meters
Damaging, defacing ............
Tampering with electrical, gas me-
ters, etc. .....................
Trespassing on, damaging, interfer-
ing with property
Flood control property ..........
Water meters, consumer responsible
for damage . . . . . . . . . . . . . . . . . . .
See: WATER AND SEWERS
Water system property, hydrants,
etc.
Damaging, tampering with, etc.
VANS
Freight vehicles .................
See: FREIGHT VEHICLES
VARIANCES
Existing zoning permits
See: ZONING
VAULTS
Nuisances enumerated and prohibited
VEGETABLE AND FRUIT PED-
DLERS
Peddlers, licensing of .............
See: PEDDLERS, CANVASSERS
AND SOLICITORS
VEGETATION
Nuisances enumerated and prohibited
Trees and shrubbery ..............
See: TREES AND SHRUBBERY
VEHICLES
Generally. See: MOTOR VEHICLES
AND OTHER VEHICLES
Traffic regulations . . . . . . . . . . . . . . . .
See: TRAFFIC
VEHICLES FOR HIRE
Articles left in vehicles
Disposition of ..................
SALINA CODE
Section
14-77
7-54
1-9
39-3
3-4
19-4
25-58
38-66
31-1
15-4
41-38
25-59
40-16 et seq.
42-4
24-2
28-1 et seq.
24-2
39-1 et seq.
38-1 et seq.
40-1
VEHICLES FOR HIRE-Cont'd.
Buses
Smoking, lighting matches, light-
ers, etc., on ................
Freight vehicles ..................
See: FREIGHT VEHICLES
Manager
Appointment, name to be filed
Requirements for vehicles .........
Taxicabs .........................
See: TAXICABS
Unfit vehicle, operating. . . . . . . . . . . .
Unlicensed, improperly licensed ve-
hicles
Driving, use of .................
VENDORS
Peddlers, licensing of . . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERS
AND SOLICITORS
VERMIN
Garbage and rubbish containers to be
inaccessible ..................
Nuisances enumerated and prohibited
Proper maintenance of animal yards,
etc. ..........................
VETERANS
License exemptions ...............
VETERINARIANS
City-county board of health . . . . . . . .
See: HEALTH AND SANITA-
TION
Rabies vaccination of dogs and cats
Animals in general. See: ANI-
MALS AND FOWL
VIADUCTS
Street defined re .................
Public ways in general. See:
STREETS AND SIDEWALKS
VIBRATIONS
Nuisances enumerated and prohibited
VIDEO GAMES
Arcades . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ARCADES
VIOLA TIONS
Continuing .......................
General penalty ..................
Specific penalties. See specific
crimes, offenses, misdemeanors,
etc., as indexed
VOTING PRECINCTS. See: ELEC-
TIONS
VULGARITY. See: INDECENCY
AND OBSCENITY
3644
Section
40-2
40-16
40-52
40-51
40-46 et seq.
40-50
40-49
28-1 et seq.
34-25
24-2
7-58
20-22
17-16 et seq.
7-54
1-2(23)
24-2
6-106 et seq.
1-10
1-10
e
e
e
-
e
W
WAGERING. See: GAMBLING
WALLS. See also: FENCES, WALLS,
HEDGES, AND ENCLOSURES
Obscene writings, pictures on struc-
tures . . . . . . . . . . . . . . . . . . . . . . . . .
WANDERERS
Parental responsibility re minors
WAR EMERGENCIES
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
WAR VETERANS. See: VETERANS
WARDS
City to consist of one ward ........
Election procedures, etc. See:
ELECTIONS
WASTE
Solid waste collection and disposal
See: GARBAGE AND TRASH
WATER AND SEWERS
Cost records required .............
Director of utilities
Authorized persons right of entry
Flood protection works ...... . . . . . .
See: FLOOD PREVENTION AND
CONTROL
Fluoridation
Authorization ..................
Health department approval .......
Zoning requirements for utilities,
etc. See: ZONING
Housing code requirements
See: HOUSING
Meters, facilities, etc.
Charges. See herein: Rates and
Charges
Installation. See herein: Water
Supply and Distribution
Tampering with . . . . . . . . . . .
Water meters. See also herein:
Water Supply and Distribution
Mobile home park distribution sys-
tems, etc. ....................
Mobile home systems . . . . . . . . . . . . . .
See: MOBILE HOMES AND
TRAILERS
Nuisances enumerated and prohibited
Petty cash fund ..................
Plumbing code ...................
See: PLUMBING CODE
Public utilities, generally .........
See: UTILITIES
CODE INDEX
Section
25-166
21-17
10-39 et seq.
12-1
34-16 et seq.
41-3
41-7
15-16 et seq.
41-42
42-62
18-1 et seq.
41-8
22-18, 22-23
22-18
24-2
41-4
8-176
31-1 et seq.
WATER AND SEWERS-Cont'd.
Rates and charges
Adoption by resolution ........
Billing and collection ............
Charge for water used by city ...
Charge when meter fails to regis-
ter ........................
Corrections ....................
Covenant not to decrease rates
Delivery of bill
Department not responsible .. .
Duplicate bills .,..
Free service prohibited .........
Hydrant rental . . . . . . . . . . . . . . . .
Installation charges. See herein:
Water Supply and Distribu-
tion
Meters
Combined reading of multiple
meters . . . . . . . . . . . . .
Nonpayment of bill
Disconnecting service for .
Payment of bill
Regulations to secure authorized
Permit fees. See herein: Sewers
and Sewage Disposal, Etc.
Reduction in sewer charge
Water not discharged into sew-
ers .........
Refunds . . . . . . . . . . . . . . . . . .
Revenue bonds, etc.
Covenant not to decrease rates
Service not furnished until bill paid
Regulations declared contractual ...
Violators, discontinuing service for
Revenue
Deposit, use of
Right of entry .. . . . . . . . . . . . . .
Service pipes, etc., ahead of paving
See: STREETS AND SIDE-
WALKS
Sewers and sewage disposal
Application for service when dty
water not used .............
Oil, grease, draining into sewers,
rivers, etc. . . . . . . . . . . . . .
Permits
Sewer connection permits and
fees .....................
Work not requiring ..........
Rates and charges. See also herein
that subject
Sewer connections ..............
Permits and fees ............
Subdivision regulations . . . . .
See: SUBDIVISIONS
Systems combined . . . . . . . . . .
Trees and shrubbery, regulation of
See: TREES AND SHRUBBERY
3645
Section
41-86
41-93
41-87
41-88
41-95
41-91
41-94
41-94
41-92
41-89
41-98
41-93
41-97
41-90
41-95
41-91
41-96
41-6
41-6
41-2
41-7
35-176 et seq.
41-72
41-73
41-71.1
41-71.2
41-71
41-71.1
36-1 et seq.
41-1
39-1 et seq.
WATER AND SEWERS-Cont'd.
Uniform plumbing code adopted
See: PLUMBING CODE
Utilities, generally ...............
See: UTILITIES
Violators
Discontinuance of service
Water conservation
Air conditioners
Definitions . . . . . . . . . . . . . . . .
Notice and inspection . . . . . . . . .
Permit to install, fees
Permits
Violators not to receive
Persons authorized to install
Surcharge ..................
Types of . . . . . . . .
Back siphonage, prevention of
Definitions ...........
Irrigation
Priorities established ..........
Sanitary use, priority
Violators
Permits denied
Waste prohibited
Other regulations. See herein:
Water Supply and Distribu-
tion
Water meters. See herein: Meters,
Facilities
Water supply and distribution
Abandoned service lines
Capping or plugging required
Apartment house
Consumer defined re ..
Definition re
Applications for service
Building, multiple business
Consumer defined re .....
Building, one business
Consumer defined re ....
Charges and taps ..............
Conservation of water. See herein:
Water Conservation
Consumer, defined .............
Consumer furnishing water to
others . . . . . . . . . . . . . . . . . . .
Deposits
Accounts ....................
Application to payment of bills
Basis of deposits . . . . . . . . . . . . . .
Forfeiture of unclaimed deposits
Interest on deposits ...........
Refunds ." . . . . . . . . . . . . . . . . . . .
Required .....................
Dirt, rubbish, etc.
Prohibited in meter or service
box..................... .
Dwelling, one family
Consumer defined re ..........
SALINA CODE
Section
8-176 et seq.
31-1 et seq.
41-6
41-51
41-54
41-53
41-55
41-54
41-56
41-52
41-57
41-51
41-58
41-58
41-55
41-59
41-31
41-20(a) (6)
41-20(a) (1)
41-21
41-20( 4)
41-20(a) (3)
41-28
41-20
41-40
41-23
41-25
41-25
41-27
41-24
41-26
41-22
41-36
41-20(a) (2)
WATER AND SEWERS-Cont'd.
Dwelling, two family
Consumer defined re ..........
Fluoridizing water supply system au-
thorized . . . . . . . . . . . . . . . . . .
Frost protection ................
Hot water or steam
Damage to meter .............
Improper thawing of ice
Damaging meters .............
Interrupted service ..............
Leaks, prevention, protection ....
Liability
City not liable for interrupted
service . . . . . . . . . .
Lineal feet, defined .........
Meters
Accessibility . . . . . . . . . . . . . . . .
Cosumer responsible for damage
to ......... .............
Department to furnish, install . .
Dirt, rubbish in meter box or
service box .. . . . . . . . . . . . . .
Hot water steam, etc. damaging
Improper thawing, damaging
meter . . . . . . . . . . . . . . . . . .
Installations . . . . . . . . . . . .
Location . . . . . . . . . . . . . . .
Other requirements for meters.
See elsewhere herein: Me-
ters, Facilities
Required ..' . . . . . . . . . . . . . . .
Separate meter for each con-
sumer . . . . . . . .
Obstructing
Payment of bills
Application of deposits to
Plumbing, etc.
Maintenance . . . . . . . . . . . . . .
Rates and charges. See also here-
in that subject
Repairs
Right to cut off water, etc.
Taps and charges ..............
Unlawful use of water ..........
Wasting water .................
Water conservation. See also
herein that subject
Water system property, hydrants,
etc.
Damaging, tampering with ......
Zoning approval ..................
See: ZONING
WATERCOURSES
Flood prevention works . . . . . . . . . . . .
See: FLOOD PREVENTION AND
CONTROL
Nuisances enumerated and prohibited
Oil, grease, etc., draining into .....
3646
Section
41-20(b) (5)
41-42
41-29
41-39
41-39
41-30
41-29
41-30
41-28(a)
41-37
41-38
41-33
41-36
41-39
41-39
41-34
41-35
41-32
41-40
41-37
41-25
41-29
41-30
41-28
41-41
41-29
25-59
42-62
15-16 et seq.
24-2
41-73
e
e
e
-
e
WEAPONS. See: FIREARMS AND
WEAPONS
WEEDS AND BRUSH
Nuisances enumerated and prohibited
Open fires .......................
CODE INDEX
Section
24-2
14-77
WELLS OR CISTERNS
Demolition, removal, or relocation
of buildings ..................
See: BUILDING CODE
Nuisances enumerated and prohibited
Oil and gas drilling, etc. ..........
See: OIL AND GAS
WHEEL OF FORTUNE
Gambling prohibitions ............ 25-176 et seq.
See: GAMBLING
WHITE WALKING CANE
Impersonating blind, etc. persons
WILD ANIMAL EXHIBITIONS
Circus and tent show requirements .
See: CARNIVALS, CIRCUSES
AND TENT SHOWS
WILD ANIMALS
Defined ..........................
Animals in general. See: ANI-
MALS AND FOWL
WIND STORMS
Emergency proclamation ..........
See: CIVIL EMERGENCIES AND
DISASTERS
WINDOWS
Window peepers
Peeping toms
WINE
Alcoholic liquor regulations ........
See: ALCOHOLIC BEVERAGES
WRECKED, DISMANTLED VEHI-
CLES
Inoperable vehicles on roadway
See: TRAFFIC
WRECKING YARDS
Junkyards, etc. ...................
See: JUNK AND JUNK DEAL-
ERS
WRITING, WRITTEN
Terms construed ..................
WRITS, WARRANTS AND OTHER
PROCESSES
Housing advisory and appeals board
Subpoenas, etc. .................
See: HOUSING
Nuisance abatement procedures
See: NUISANCES
8-351 et seq.
24-2
26-1 et seq.
38-25
6-16 et seq.
7-1(27)
10-39 etseq.
25-136
5-16 et seq.
38-81 et seq.
33-36 et seq.
1-2(25)
18-46
24-5 et seq.
WRITS, WARRANTS AND OTHER
PROCESSES-Cont'd.
Procedure for forfeiture of gambling
devices ......................
See: GAMBLING
Resisting an officer ...............
Unlawful acts of merchant or private
policemen ....................
X
X-RA Y MACHINES
Radio interference
Y
YARD SALES
Temporary uses
See: ZONING
YARDS AND OPEN SPACES
Animal yard structures and pens
Proper maintenance ............
Location of yard housing for animals
See: ANIMALS AND FOWL
Zoning requirements in general
See: ZONING
Z
ZONING
A-I Agricultural District
Animal limitations ..............
Bulk regulations ................
Catteries locations ..............
Kennels, etc., in general. See:
ANIMALS AND FOWL
Conditional uses ................
Design .........................
Kennels for animals . . . . . . . . . . . . .
Animals in general. See: ANI-
MALS AND FOWL
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
Accessory
Defined ........................
Administrative provisions .........
Fees.. ...... ...... .............
Other provisions re administration,
etc. See herein specific sub-
jects
Violations and penalties ........
Advertising signs. See also herein:
Signs
Defined ........................
Agencies
Applicable definitions :..........
Agricultural uses, defined .........
Airport, defined ..................
Airport zoning ...................
See also: AIRPORTS AND AIR-
CRAFT
3647
Section
25-181
25-28
30-25
25-7
42-59
7-58
7-33
42-76 et seq.
7-32
42-115
7-1(5)
42-113
42-111
7-1(17)
42-114
42-112
42-617
42-596 et seq.
42-598
42-599
42-618
42-616
42-619
42-620
4-46 et seq.
SALINA CODE
Section
ZONING-Cont'd.
Nonconformities. See herein: Non-
conforming Uses, Bulk and
Signs
Bulk, nonconforming, defined ......
Bulk regulations
Basic requirements .............
Defined ........................
District requirements. See herein
specific districts
Intersection visibility obstructions
Lot size requirements ...........
Nonconformities. See herein: Non-
conforming Uses, Bulk and
Signs
Obstructions
Visibility at intersections .....
Permitted obstructions and re-
quired yards ........ . . . . . . . .
Public utility facilities ..........
Yard requirements for open land .
Restrictions on allocations and
disposition ...............
Bulletin board sign
Defined . . . . . . . . . . . . . . . . . . . . .
Business and professional office
Defined ........................
C-1 Restricted Business District
Bulk regulations ................
Conditional uses ................
Design . . . . . . . . . . . . . . . . . . . . .
Inoperable vehicles, screening ....
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
Use limitations ................
C-2 Neighborhood Shopping District
Bulk regulations ................
Conditional uses ................
Design ........................
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
Use limitations .................
C-3 Shopping Center District
Bulk regulations ................
Conditional uses ................
Design .........................
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
Use limitations .................
C-4 Central Business District
Bulk regulations ................
Conditional uses ................
Design .........................
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
Use limitations ................
Section
ZONING-Cont'd.
Alcoholic beverage premises
Cereal malt beverages premises
See: ALCOHOLIC BEVER-
AGES
Alley, defined ...................
Alteration, defined ...............
Amendments
Adoption .......................
Amendments to text ............
Applications
Form of application ..........
Public hearings ..............
Authority ......................
Board of commissioners, action by
Construction, etc., other require-
ments. See herein: Provisions
District changes
Amendments to change zoning
districts ..................
Fees... ... . ............... .....
Findings of fact ................
Initiation of ....................
Planning commission recommenda-
tions . . . . . . . . . . . . . . . . . . . . . . .
Protests .......................
Public hearings .................
Animal hospital, defined ..........
Annexed land ....................
Planning application fees .. . . . . . .
Apartment, defined ...............
Apparel stores, defined ...........
Appeals. See herein: Board of Zon-
ing Appeals
Appliance repairs, defined .........
Applicant, defined ................
Application
Territorial application ..........
Area, defined .. . . . . . . . . . . . . .
Associations
Applicable definitions ...........
Automobile accessory store
Defined ........................
Automobile sales, defined . . . . . . . . . .
Awning, defined. . . . . . .. . . . . . .....
Awning sign, defined. . . . . . . . . . . . . .
Banks and financial institutions
D~n~ ........................
Beverage distributors, defined
Billboards. See herein: Signs
Blocks, defined ...................
Board of zoning appeals
Additional powers and duties ....
Appeals .......................
Authorization ..................
Building, principal, defined ........
Buildings
Code. See: BUILDING CODE
Defined ................... . 42-616(b)(5), 42-637
5-95
42-639
42-621
42-622
42-76
42-640
42-26(a)
42-25(b)
42-81
42-80
42-23
42-24
42-21
42-26
42-81
42-79
42-80
42-77
42-25(c)
42-598
42-25
42-22
42-78
42-641
42-25
42-26(b)
42-24
42-623
42-7
29-1(a)
42-624
42-625
42-642
42-255
42-253
42-251
38-85
42-254
42-252
42-627
42-628
42-256
42-270
42-268
42-266
42-269
42-267
42-3
42-629
42-616
42-630
42-631
42-632
42-633
42-271
42-285
42-283
42-281
42-284
42-282
42-634
42-635
42-636
42-286
42-597 (b)
42-597(c)
42-597 (a)
42-638
42-305
42-303
42-301
42-304
42-302
42-306
3648
e
e
e
e
e
ZONING-Cont'd.
C-5 Service Commercial District
Bulk regulations ................
Conditional uses ................
Design .........................
Lot size requirements ...........
Permitted use ..................
Signs. See herein that subject
Use limitations .................
C-6 Heavy Commercial District
Bulk regulations ................
Conditional uses ................
Design .........................
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
Use limitations ................
Campground, defined .............
Camping trailer, defined ..........
Canopy, defined ..................
Canopy sign, defined ..............
Capacity in persons, defined ......
Car wash, defined ................
Cereal malt beverage premises .....
See: ALCOHOLIC BEVERAGES
Certain provisions saved from repeal
Certificate of occupancy
Generally ......................
Certificates
Administrative provisions .......
Fees.. .. ...... .. ...............
Sign permits . . . . . . . . . . . . . . . . . . . .
See herein: Signs
Change in use ....................
Changes
Amendments .................
See herein: Amendments
City, defined ...................
City planning commission .......
See: PLANNING
Commercial district, defined .......
Common open space
Defined ........................
Completely enclosed building
Defined ........................
Conditional use permits ...........
Applications to board of zoning
apppeals ...................
Flood plain district .............
See herein: Flood Plain Zoning
District
Planning and zoning application
requests ...................
Conditional uses
District requirements. See herein
specific districts
Status of conditional uses when
nonconforming .............
CODE INDEX
Section
42-320
42-318
42-316
42-319
42-317
42-321
42-335
42-333
42-331
42-334
42-332
42-336
42-643
42-644
42-645
42-646
42-647
42-648
5-95
1-5
42-5
42-596 et seq.
42-598
42-502
42-6
42-21 et seq.
42-616 (b) (6)
29-16 et seq.
42-649
42-650
42-651
42-598
42-597
42-434 et seq.
29-1
42-580
ZONING-Cont'd.
Conservation
Heritage conservation district . . . .
See herein: Heritage Conserva-
tion District
Construction sign, defined .........
Corner lot, defined ................
Corners. See herein: Intersections
Corporations
Applicable definitions ...........
Dance halls
Proximity to residences .........
Day care home, defined . . . . . . . . . . . .
Density, defined ..................
Design
District requirements. See herein
specific districts
Developer, defined ................
Developments
Planned development districts ...
See herein: Planned Develop-
ment Districts
Districts
Boundaries
District boundaries on zoning
map.................. ...
Establishment of . . . . . . . . . . . . . . . .
Flood plain zoning district . . . . . . .
See herein: Flood Plain Zoning
District
General bulk regulations ........
Heritage conservation district . . . .
See herein: Heritage Conserva-
tion District
Listing, designations ............
Maps. See herein: Zoning Map
Planned development district ....
See herein: Planned Develop-
ment Districts
Sign regulations. See herein: Signs
Specific requirements. See herein
specific districts
Dog kennel, defined ..............
Drainage
Flood plain zoning district ......
See herein: Flood Plain Zoning
District
Drive-in establishment, defined ....
Dry cleaning plant, defined ........
Dry cleaning (self-service)
Defined ........................
Dwelling, attached, defined ........
Dwelling, defined .................
Dwelling, detached, defined .......
Dwelling, multiple-family, defined .
Dwelling, single-family, defined. . . .
Dwelling, two-family, defined ......
Dwelling unit, defined .............
Easement, defined . . . . . . . . . . . . . . . . .
3649
Section
42-456 et seq.
42-652
42-653
42-616
6-47
42-654
42-655
42-656
42-401 et seq.
42-42
42-40
42-426 et seq.
42-76 et seq.
42-456 et seq.
42-40
42-401 et seq.
42-657
42-426 et seq.
42-658
42-660
42-659
42-662
42-661
42-663
42-664
42-665
42-666
42-667
42-668
ZONING-Cont'd.
Enforcement officer
Exceptions
Planning and zoning application
requests, etc. ...............
Family care facility, defined ......
Family, defined. . . . . . . . . . . . . . . . . . .
Fees ..... ....... .........
Fence, defined ....................
Fences, wal1s, hedges, etc. .........
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
Final plat, defined ................
Flexible zoning, defined ...........
Flood fringes, defined ...........
Flood plain, defined ...............
Flood plain zoning district
Amendments ...................
Conditional use permits
Granting, factors and conditions,
etc. ......................
Standards for issuance ........
Conditional uses ................
Engineering criteria, adoption
Establishment ..................
General provisions ..............
Liability, disclaimer ............
Nonconforming uses ............
Permitted uses .................
Purpose . . . . . . . . . . . . . . . . . . . .
Statutory authorization .........
Variances ......................
Violations ......................
Warning and disclaimer of liability
Floodway, defined ........ . . . . . . .
Floor area, defined ...............
Food stores, defined ..............
Fraternal and/or service clubs
Defined . . . . . . . . . . . . . . . . . .
Front lot line, defined ............
Front yard, defined ...............
Frontage, defined ................
Garage, defined ..................
Garage sale, defined ..............
Garden stores, defined ............
Gasoline service station, defined . . . .
General use regulations . . . . . . . . . . . .
See also herein: Uses
Governing bodies
Applicable definitions ...........
Ground sign, defined ..............
Group care facility, defined .,. . . . . .
Group day care center, defined .... .
Health regulations
General bulk regulations ........
District requirements. See here-
in specific districts
Hearings
Board of zoning appeals ........
SALINA CODE
Section
42-596
29-1
42-670
42-669
42-598
42-671
8-401 et seq.
42-672
42-673
42-674
42-675
42-438
42-435
42-434
42-433
42-431
42-430
42-429
42-428
42-437
42-432
42-427
42-426
42-436
42-439
42-428
42-676
42-677
42-678
42-679
42-680
42-681
42-682
42-683
42-684
42-685
42-686
42-56 et seq.
42-616
42-687
42-688
42-689
42-76 et seq.
42-597
ZONING-Cont'd.
Hedges
Fences, walls, hedges, etc.
See: FENCES, WALLS,
HEDGES, AND ENCLO-
SURES
Height, maximum, defined ........
Heritage commission
Compensation . . . . . . . .
Created ........................
Expenses . . . . . . . . . . . . . . . . . . . . . . .
Financial support ...............
Membership ....................
Minutes ........................
Officers . . . . . . . . . . . .
Purposes .......................
Quorum ........................
Terms of office . . . . . . . . . . . . .
Vacancies ......................
Voting .........................
Heritage Conservation District
Certificate of appropriateness re-
view...................... .
Heritage conservation plan ......
Landmarks
Demolition or removal of herit-
age landmark ............
Permitted uses .................
Public hearings .................
Purpose . . . . . . . . . . . . . . . . . . . . .
Hobby breeder, defined ............
Home occupations
Defined . . . . . . . . . .
Generally . . . . . . . . . .
Hotel, defined . . . . . . . . . . .
1-1 Industrial Park District
Bulk regulations .........
Conditional uses ................
Design . . . . . . . . . . . . . . .
Lot size requirements ...........
Permitted uses . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations .................
1-2 Light Industrial District
Bulk regulations ................
Conditional uses ................
Design .........................
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
Use limitations .................
1-3 Heavy Industrial District
Bulk regulations ................
Conditional uses ................
Design ........................
Lot size requirements ...........
Permitted uses . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations .................
3650
Section
8-401 et seq.
42-690
42-474
42-471
42-474
42-478
42-472
42-477
42-475
42-471
42-477
42-473
42-476
42-477
42-460
42-458
42-461
42-457
42-459
42-456
42-691
42-692
42-60
42-693
42-350
42-348
42-346
42-349
42-347
42-351
42-365
42-363
42-361
42-364
42-362
42-366
42-385
42-383
42-381
42-384
42-382
42-386
e
e
e
-
e
ZONING-Cont'd.
Identification sign, defined ........
Industrial district, defined .........
Inundated areas
Flood plain zoning districts .....
See herein: Flood Plain Zoning
District
Intent and purpose ...............
Intersections
Obstructing visibility, generally ..
Junkyard, defined. . . . . . . . . . . . . . . . .
Kennels
Zoning restrictions .............
See: ANIMALS AND FOWL
L-2 Light Inudstrial District
Animal kennels .................
Kennels in general. See: ANI-
MALS AND FOWL
Catteries, locations .............
Cats, etc., in general. See: ANI-
MALS AND FOWL
Owning of animals, limitations on
numbers .............:.....
L-3 Heavy Industrial District
Catterie operations .............
Kennels, catteries, etc., in gen-
eral. See: ANIMALS AND
FOWL
Dog kennels, etc. . . . . . . . . . . . . . . . .
Dogs, kennels, etc., in general.
See: ANIMALS AND
FOWL
Limitation on numbers of animals
owned .....................
Landscaping, defined ..............
Laundry, defined .................
Laundry (self-service), defined ....
Liability disclaimer
Flood plain zoning district ......
Loading. See herein: Off-Street
Loading
Lodging house, defined ............
Lot area, defined .................
Lot, corner, defined ..............
Lot coverage, defined .............
Lot depth, defined ................
Lot line, defined ..................
Lot line, front, defined ...........
Lot line, rear, defined ............
Lot line, side, defined .............
Lot of record, defined .............
Lot size requirements
Defined ........................
District requirements. See herein
specific districts
Lot width, defined ................
Lot, zoning, defined ..............
CODE INDEX
Section
42-694
42-695
42-426 et seq.
42-2
42-81
42-696
7-1(17)
7-1(17)
7-1(5)
7-32
7-1(5)
7-1(17)
7-32
42-697
42-698
42-699
42-428
42-700
42-701
42-702
42-703
42-704
42-705
42-706
42-707
42-708
42-709
42-710
42-711
42-712
3651
ZONING-Cont'd.
Lots
Public utility facilities
Lot size requirements and bulk
regulations ...............
Marquee sign, defined ............
May, construed ...................
MH Mobile Home Park District
Compliance ....................
Design ........................
Signs. See herein that subject
Unused mobile home park. . . . . . .
MH-P Mobile home parks
Compliance ..................
Conditional uses ..............
Permitted uses ...............
Unused mobile home park .....
Use regulations ............
MH-S Mobile home subdivisions
Bulk regulations ..............
Conditional uses ..............
Lot size requirements .........
Permitted uses ...............
Use regulations ..............
Mil).i-warehouse, defined ..........
Mobile home court, defined ........
Mobile home, defined ..............
Mobile home park, defined ........
Mobile home space, defined ........
Mobile homes and trailers ........
See also: MOBILE HOMES AND
TRAILERS
Mobile sign, defined ..............
Motor freight terminal, defined ....
Motor home, defined ..............
Nameplate sign, defined. . . . . . . . . . .
New construction .................
Nonconforming lot of record
Defined ........................
Nonconforming structure, defined ..
Nonconforming use
Defined ........................
Nonconforming uses, bulk and signs
Applicability ...................
Flood plain nonconformities . . . . . .
Nonconforming lots of record. . . .
Nonconforming signs ...........
Nonconforming structures ......
Nonconforming uses ............
Status of conditional uses .. . . . . . .
Nonconformity, defined ...........
North central regional planning com-
mission ......................
See: PLANNING
Nursing or convalescent home
Defined ........................
Section
42-80
42-713
42-616(b)(2)
42-225
42-216
42-226
42-225
42-223
42-222
42-226
42-224
42-221
42-218
42-220
42-217
42-219
42-714
42-716
42-715
42-717
42-718
22-1 et seq.
42-719
42-720
42-721
42-722
42-6
42-723
42-724
42-725
42-576
42-437
42-577
42-581
42-578
42-579
42-580
42-726
29-36 et seq.
42-727
ZONING-Cont'd.
Obstructions
Intersection visibility ...........
Occupancy certificates
Administrative provisions .......
Occupancy permit, defined ........
Occupied or used
Terms defined .................
Office, defined . . . . . . . . . . . . . . . . . . . .
Official map. See herein: Zoning
Map
Off-premise sign, defined .........
Off-street loading
Applicability ...................
Off-street loading berth require-
ments ....... . . . . . . . . . . . . . . .
Standards for required off-street
loading ....................
Off-street parking
Applicability ...................
Off-street parking space require-
ments . . . . . . . . . . . . . . . . . . . . . .
Standards .....................
Oil and gas drilling, etc. ..........
See: OIL AND GAS
Open land, yard requirements . . . . . .
Outdoor advertising signs. See here-
in: Signs
Outdoor storage, defined ..........
Package liquor store
Defined ........................
Parking
Off-street parking ..............
See herein: Off-Street Parking
Parking garage, defined ..........
Parking lot, defined ..............
Parking space, defined ............
Partnerships
Applicable definitions ..........
Penalties. See herein: Violations
and Penalties
Permits
Administrative provisions
Existing permits . . . . . . . . . . . . . . . .
Fees ... .....................
Sign permits ..................
See herein: Signs
Permitted uses
District requirements. See herein
specific districts
Person, construed .................
Petitions, fees ....................
Pharmacies, defined . . . . . . . . . . . . . . .
Planned development districts
Amendments ...................
Approval, securing .... . . . . . . . . . .
Establishment
Procedure for obtaining approval
SALINA CODE
Section
42-81
42-596 et seq.
42-728
42-616(b) (4)
42-729
42-730
42-561
42-563
42-562
42-551
42-553
42-552
26-1 et seq.
42-77
42-728
42-732
42-551 et seq.
42-733
42-734
42-735
42-616
42-596 et seq.
42-4
42-598
42-502
42-616(b)(3)
42-598
42-736
42-407
42-404
42-404
ZONING-Cont'd.
Final development plan
Application for approval
Recording ....................
General provisions ..............
Preliminary development plan
Procedure for securing approval
Status after approval .........
Purpose ........................
Recording ......................
Standards and criteria for planned
developments ...............
Planning commission .............
Defined ........................
See also: PLANNING
Pole sign, defined ................
Preliminary plat, defined ..........
Principal structure, defined ........
Principal use, defined .............
Private club, defined ..............
Projecting sign, defined ...........
Provisions
Amendments ...................
See herein: Amendments
Conflicts .......................
Definitions for interpretation ....
See also herein specific terms as
defined
Intent . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation ..................
Private provisions, conflicts ... . . .
Public provisions, conflicts .. . . . . .
Purpose ........................
Reservations and repeals ........
Savings provisions ..............
Separability ....................
Territorial application ..........
Title ..........................
Public open space, defined ........
Public sewer and water system
Defined ........................
Public utility facilities
Lot size, bulk regulations .......
R Single-Family Residential District
Bulk regulations ................
Conditional uses ................
Design .........................
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
R-1 Single-Family Residential Dis-
trict
Bulk regulations ...............
Conditional uses ................
Design ........................
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
3652
Section
42-406
42-408
42-402
42-404
42-405
42-401
42-408
42-403
29-1 et seq.
42-737
42-738
42-739
42-740
42-741
42-742
42-743
42-21 et seq.
42-600(b)
42-616 et seq.
42-2
42-600(a)
42-600(b)(2)
42-600(b) (1)
42-2
42-602
42-601
42-600(c)
42-3
42-1
42-744
42-745
42-80
42-145
42-143
42-141
42-144
42-142
42-160
42-158
42-156
42-159
42-157
e
e
e
e
e
ZONING-Cont'd.
R-2 Multiple-Family Residential Dis-
trict
Bulk regulations ................
Conditional uses ................
Design .........................
Lot size requirements ...........
Permitted uses. . . . . . . . . . . . . . . . . .
Signs. See herein that subject
R-2.5 Multiple-Family Residential
District
Bulk regulations ................
Conditional uses ................
Design .........................
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
R-3 Multiple-Family Residential
District
Bulk regulations ................
Conditional uses ................
Design .........................
Lot size requirements ...........
Permitted uses. . . . . . . . . . . . . . .
Signs. See herein that subject
Railroad right-of-way
Defined ........................
Real estate sign
Defined .....................
Rear lot line, defined . . . . . . . . . . . . . .
Rear yard, defined ................
Reconstruction . . . . . . . . . . . . . . . . . . . .
Recreational vehicle, defined ......
Regulatory flood, defined .........
Remodeling, defined ............
Repeals. See herein: Provisions
Residences
Proximity of dance halls ...
Residential building, defined ...
Residential zoning districts
Catteries restrictions ........
Animals in general. See: ANI-
MALS AND FOWL
Defined ........................
Dog and cat kennels ............
See: ANIMALS AND FOWL
Restaurant, defined ...............
Retail sales, defined ..............
Rezoning
Certain provisions saved from re-
peal .......................
Riding stables, defined ............
Right-of-way, defined .............
Roof sign, defined ................
RS Single-Family Residential Sub-
urban District
Bulk regulations ................
Conditional uses ................
Design .........................
CODE INDEX
Section
42-175
42-173
42-171
42-174
42-172
42-190
42-188
42-186
42-189
42-187
42-205
42-203
42-201
42-204
42-202
42-746
42-747
42-748
42-749
42-6
42-750
42-751
42-752
6-47
42-753
7-1(5)
42-754
7-1(17)
42-755
42-756
1-5
42-757
42-758
42-759
42-130
42-128
42-126
3653
ZONING-Cont'd.
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
Screening, defined ...............
Separability. See herein: Provisions
Setback, defined . . . . . . . . . . . . . . . .
Sewers. See herein: Water and Sew-
ers
Shall, construed ..
Side lot line, defined
Side yard, defined
Sidewalk construction
See: STREETS AND SIDE-
WALKS
Sign, advertising, defined
Sign, animal hospital, defined
Sign, awning, canopy and marquee
Defined . . . . . . . . . . . . . . . . .
Sign, bulletin board, defined
Sign, business, defined
Sign, canopy, defined
Sign, construction, defined
Sign, defined ...
Sign, ground, defined . . . . . . . . . .
Sign, identification, defined
Sign, marquee, defined
Sign, mobile, defined .....
Sign, nameplate, defined
Sign, off-premise, defined. . . . . . . .
Sign, pole, defined ..
Sign, projecting, defined
Sign, real estate, defined
Sign, roof, defined
Sign, wall, defined
Signs
A-I Agricultural District
C-l Restricted Business District
C-2 Neighborhood Shopping Dis-
trict .......................
C-3 Commercial District ........
C-4 Commercial District ........
C-5 Commercial District ........
C-6 Commercial District
Certificates. See herein: Permits
Classification of signs
Functional types ......... '"
Structural types ..............
District requirements . . . . . . . . . . . .
See also herein specific districts
Exemptions, generally ..........
Zoning certificate requirements .
I-I Industrial Park District . . . . .
1-2 Industrial District ...........
1-3 Industrial District ..........
MH Residential District ........
Nonconforming signs ...........
Section
42-129
42-127
42-760
42-761
42-616(b) (2)
42-762
42-763
35-121 et seq.
42-765
42-782
42-766
42-767
42-768
42-769
42-770
42-764
42-771
42-772
42-773
42-774
42-775
42-776
42-777
42-778
42-779
42-780
42-781
42-516
42-519
42-520
42-521
42-521
42-522
42-522
42-506
42-507
42-516 et seq.
42-504
42-505
42-523
42-524
42-524
42-517
42-581
ZONING-Cont'd.
Permits
Exemptions
Required
R District
R-l District
R-2 District
R-2.5 District
R-3 District
RS Residential District
Sign standards
U University District
Zoning certificates
See herein: Permits
Structure
Defined
Structures, nonconforming
Nonconforming uses, bulk and
signs
See herein: Nonconforming
Uses, Bulk and Signs
Subdividing required prior to zoning
Subdivision, defined .............
Subdivision regulations
Defined
See: SUBDIVISIONS
Tavern, defined ........
Temporary use, defined
Temporary uses. See herein: Uses
Tenses of terms
Construed for interpreting provi-
SALINA CODE
Section
42-501
42-505
42-502
42-517
42-517
42-517
42-517
42-517
42-517
42-503
42-518
42-502
. 42-616(b) (5), 42-783
sions
Terms defined
See herein specific terms
Territorial application
Annexed land ..........
Title of provIsIOns ..............
Topper, defined .........
Trailer, defined
Travel trailer, defined
Trees and shrubbery
Intersection visibility, obstructing
Regulations of . . . . . . . . . . . . .
See: TREES AND SHRUB-
BERY
Truck camper, defined .....
U University District
Bulk regulations ..............
Conditional uses ..............
Design ......................
Lot size requirements ...........
Permitted uses .................
Signs. See herein that subject
Undue restriction of the regulatory
flood
Defined .......................
Use regulations, defined ..........
Used or occupied
Terms defined ................
42-576 et seq.
42-8
42-784
42-785
42-786
42-787
42-616(b)
42-616 et seq.
42-3
42-7
42-1
42-788
42-789
42-790
42-81
39-1 et seq.
42-791
42-240
42-238
42-236
42-239
42-237
42-792
42-794
42-616(b)(4)
ZONING-Cont'd.
Uses
Accessory uses
District requirements. See here-
in specific districts
Generally . . . . . . . . . . . . . . . . . .
Limitations on use ............
Bulk regulations for accessory
structures .. . . . . . . . . . . . .
Change in use, reconstruction, etc.
Conditional uses
District requirements. See here-
in specific districts
Generally . . . . . . . . .
Defined . . . . . . . . . . .
District requirements. See herein
specific districts
Home occupations ..............
Limitations on use
Accessory structures and uses . .
Nonconforming uses, bulk and
signs . . . . . . . .
See herein: Nonconforming
Uses, Bulk and Signs
Number of structures and uses
Zoning lot and access to lot, as to
Permitted uses
Accessory uses ...........
District requirements. See here-
in specific districts
Generally . . . . . . . . . . . . .
Sewer and water facilities
Temporary uses ................
Utilities. See herein: Public Utility
Facilities
Variances
Fees
Flood plain district
Planning, application fees ..
Violations and penalties
Visibility at intersections. See here-
in: Intersections
Vision clearance area
Defined
Wall sign, defined
Walls
Fences, walls, hedges, etc.
See: FENCES, WALLS,
HEDGES, AND ENCLO-
SURES
Water and sewers
Approval
Water covered land
Flood plain zoning district ......
See herein: Flood Plain Zoning
District
Wholesale sales, defined ..........
Width, lot, defined ................
3654
Section
42-58
42-58( 3)
42-58(2)
42-6
42-57
42-793
42-60
42-58( 3)
42-576 et seq.
42-61
22-58(1)
42-56
42-62
42-59
42-598
42-436
29-1(a)
42-599
42-795
42-796
8-401 et seq.
42-62
42-426 et seq.
42-797
42-798
e
e
e
-
e
ZONING-Cont'd.
Wind energy conversion system
(WECS)
Defined .................
Words and phrases
Definitions for interpreting pro-
visions .....................
See also herein specific terms
as defined
Yard, defined ................
Yard, front, defined ...........
Yard, rear, defined. . . . . . . . . . . . .
Yard, side, defined ................
Yards and open spaces
Fences, walls, hedges, etc. .......
See: FENCES, WALLS,
HEDGES, AND ENCLO-
SURES
Obstructions permitted in required
yards ......................
Restrictions on allocation and dis-
position of required yards, etc.
CODE INDEX
Section
42-799
42-616 et seq.
42-800
42-801
42-802
42-803
8-401 et seq.
42-79
42-80
3655
ZONING-Cont'd.
YMCA, YWCA, Boy Scouts, Girl
Scouts, Campfire Girls, and oth-
er similar groups
Defined . . . . . . . . . . . . . . . .
Zoning appeals. See herein: Board
of Zoning Appeals
Zoning certificates
Administrative provisions
Fees . .... .. .... .. ...........
Sign permits ...................
See herin: Signs
Zoning lot, defined
Zoning map
Certain provisions saved from re-
peal ......... . . . . . . . .. . .
District boundaries on ..........
Generally ......................
Zoning permits. See herein: Permits
Zoning regulations, defined ....
Section
42-804
42-596 et seq.
42-598
42-502
42-805
1-5
42-42
42-41
42-806