City of Salina Code 1966
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SALINA CODE
CONTAINING
GENERAL ORDINANCES
of the
CITY OF
SALINA, KANSAS
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ADOPTED, NOVEMBER 21,1966
EFFECTIVE, JANUARY 1, 1967
PUBLISHED BY ORDER OF THE BOARD OF COMMISSIONERS
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TALLAHASSEE, FLORIDA
MUNICIPAL CODE CORPORATION
1966
Copyright 1966
Municipal Code Corporation
Tallahassee, Florida
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OFFICIALS
of the
CITY OF SALINA, KANSAS
AT THE TIME OF THIS CODIFICATION
G. N. WADDELL
Mayor
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RALPH EXLINE
CARL RUNDQUIST
ROBERT M. STARK
CHARLES CASEBEER
Commissioners
NORRIS D. OLSON
City Manager
L. O. BENGTSON
City Attorney
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H. E. PETERSON
City Clerk
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PREFACE
This Code constitutes a complete codification of the ordi-
nances of a general and permanent nature enacted by the
board of commissioners, and is the first such codification for
Salina since 1960.
As expressed in the Adopting Ordinance, this Code super-
sedes all general and permanent ordinances not included here-
in or expressly saved from repeal by the Adopting Ordinance.
The Code contains only ordinances of a general and perma-
nent nature prescribed for and affecting the public as a whole.
Special ordinances or ordinances dealing with only a portion
of the inhabitants of the City, rather than all of them, or re-
lating to special purposes, such as ordinances levying special
assessments, providing for bond issues, paving, vacating and
opening specified streets, etc., are not included herein. For a
more specific enumeration of the type of ordinances which
are not included herein, see Section 3 of the Adopting Ordi-
nance.
The chapters of the Code have been conveniently arranged
in alphabetical order and the various sections within each
chapter have been catchlined to facilitate usage. Appropriate
footnotes which tie related sections of the Code together and
which refer to relevant state laws have been included. Also,
the source of each section is included in the history note ap-
pearing 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.
The numbering system used in this Code is the same system
used in many state and municipal codes. Each section number
consists of two component parts separated by a dash, the
figure before the dash referring to the chapter number and
the figure after the dash referring to the position of the sec-
tion within the chapter. Thus, the first section of Chapter 1
is numbered 1-1 and the fourteenth section of Chapter 20 is
20-14. Under this system, each section is identified with its
chapter, and, at the same time, new sections, or even whole
chapters can be inserted in their proper places, simply by
using the decimal system for amendments. By way of illus-
tration: If new material consisting of three sections that
Supp. No. 21
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would logically come between sections 4-4 and 4-5 is desired
to be added, such new sections would be numbered 4-4.1, 4-4.2
and 4-4.3, respectively. New chapters may be included by the
addition of a letter after the preceding chapter number,
for example, if the new material is to be included between
Chapters 12 and 13, it will be designated as Chapter 12A, 12B,
12C, etc. Care should be taken that the alphabetical arrange-
ment of chapters is maintained when including new chapters.
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 assigned to the article or
division.
A special feature of this Code is the looseleaf system of
binding and supplemental servicing for the Code. With this
looseleaf system, the Code will be kept up-to-date periodically.
Upon the final passage of amendatory ordinances, they will be
properly edited and the page or pages affected will be re-
printed. These new pages will be distributed to the holders
of the Codes with instructions for the manner of inserting the
new pages and deleting the obsolete pages.
The successful maintenance of this Code up-to-date at all
times will depend largely upon the holders of the volume. As
revised sheets are received, it will become the responsibility of
the holder to have the amendments inserted according to the
attached instructions. It is strongly recommended by the pub-
lishers that all such amendments be inserted immediately upon
receipt to avoid misplacing them and, in addition, that all de-
leted pages be saved and filed for historical reference pur-
poses.
The general index of the Code 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 in
language generally used by city 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 interested.
The publication of this Code was under the direct super-
vision of George R. Langford, President, and C. Julian Man-
Supp. No. 21
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son, Editor, of the Municipal Code Corporation. Credit is
gratefully given to Fred L. Sheppard, who prepared the index,
and to the other members of the publisher's staff for their
sincere interest and able asistance throughout the project.
The publishers are most grateful to Mr. L. O. Bengtson,
City Attorney, Mr. Norris Olson, City Manager, Mr. H. E.
Peterson, City Clerk, and other city officials for their super-
vision, cooperation and interest during the progress of the
work on this Code.
This Code is presented for the use and benefit of the
citizens of the City of Salina, Kansas.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
November, 1966
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ORDINANCE NO. 6944
An Ordinance Adopting and Enacting a New Code of Ordi-
nances for the City of Salina, Kansas; Establishing the
Same; Pr01Jiding for the Repeal of Certain Ordinances Not
Included Therein; Providing for the Effective Date Thereof
and a Penalty for the Violation Thereof; and Providing for
the Manner of Amending Such Code.
Be It Ordained by the Governing Body of the City of Salina,
Kansas:
Section 1. The Code of Ordinances, consisting of Chapters
1 through 35, 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, as authorized by
Ordinance No. 6915, is hereby adopted and enacted as the
"Salina Code," and the same shall be treated and considered
as a new and comprehensive ordinance which shall supersede
all other general and permanent ordinances passed by the
Board of Commissioners on or before June 20, 1966, to the
extent provided in Section 2 hereof.
Section 2. All provisions of such Code shall be in full force
and effect from and after the 1st day of January, 1967, and all
ordinances of a general and permanent nature enacted by the
Board of Commissioners on or before the 20th day of June,
1966, and not included in such Code or recognized and con-
tinued in force by reference therein, are hereby repealed from
and after the 1st day of January, 1967, except as otherwise
provided in section 3 hereof.
Section 3. The repeal provided for in section 2 hereof shall
not affect any of the following:
(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 such 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 in-
debtedness, or the cancellation of same;
(3) Any contract or obligation of the city;
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(4) Any ordinance relating to the purchase, condemnation,
acquisition or dedication of property for public use;
(5) Any ordinance dedicating, establishing, opening, re-
opening, naming, renaming, widening, narrowing or
vacating any street, boulevard, 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 otherwise re-
lating to any public improvement;
(8) Any ordinance creating districts for public improve-
ments of any kind or nature;
(9) Any ordinance establishing or changing the limits of
the city or pertaining to annexations, additions or ex-
clusions;
(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, privilege, easement
or franchise to any person, firm or corporation;
(13) Ordinances prescribing traffic regulations for specific
streets or areas, such as, but not limited to, ordinances
designating one-way streets, through streets, stop in-
tersections or intersections where traffic is to be con-
trolled by signals, and ordinances prohibiting, restrict-
ing, limiting or otherwise regulating the stopping,
standing or parking of vehicles on specific streets or
in specific areas;
(14) Ordinances creating positions or offices and prescrib-
ing salaries, not inconsistent herewith;
(15) Charter ordinances;
(16) Any ordinance approving, dedicating, accepting, desig-
nating, redesignating or vacating any plat;
(17) Ordinance No. 6613, Zoning, and amendments thereto
and ordinances amending the zoning map or zoning or
rezoning specific property;
(18) Any joint city-county resolution or ordinance;
(19) The repeal provided for by section 2 hereof shall not be
construed to revive any ordinance or part thereof that
has been repealed by a subsequent ordinance repealed
by this ordinance.
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Section 4. Wherever in such 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 gen-
eral penalty to an article or chapter is prescribed, the viola-
tion of any such provision of such Code shall 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. Each day any violation of said Code continues shall
constitute offense.
Section 5. Any and all additions and amendments to such
Code, when passed in such form as to indicate the intention of
the Board of Commissioners to make the same a part thereof,
shall be deemed to be incorporated in such Code so that refer-
ence to the "Salina Code" shall be understood and intended to
include such additions and amendments.
Section 6. 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 section 1-8 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. One (1) copy of such Code shall be kept on file
in the office of the city clerk with the ordinance books of the
city, and such copy shall constitute an ordinance book, as
provided in section 12-3015 of the Kansas Statutes Annotated.
It shall be the duty of the city clerk, or someone authorized by
him, to maintain such copy by inserting in their designated
places all amendments and ordinances which indicate the in-
tention of the Board of Commissioners to make the same a
part of such Code, when the same have been printed or re-
printed in page form, and by extracting from such copy all
provisions which are repealed by the Board of Commissioners.
This copy of such Code shall be available to all persons desir-
ing to examine the same.
Section 8. It shall be unlawful for any person to change or
amend, by additions or deletions, any part or portion of such
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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 of Salina to be mis-
represented thereby. Any person violating this section shall be
punished as provided in section 4 of this ordinance.
Section 9. All ordinances or parts of ordinances in conflict
herewith are, to the extent of such conflict, hereby repealed.
Section 10. This .ordinance shall be in effect on and after
the 1st day of January, 1967, and shall be published once in
the official city newspaper following its adoption and passage.
ADOPTED AND PASSED by the Board of Commissioners
of the City of Salina, Kansas, this 21st day of November, 1966.
/s/ G. N. WADDELL
Mayor
(SEAL)
ATTEST:
/ s/ H. E. PETERSON
City Clerk
CERTIFICATE OF CITY CLERK
STATE OF KANSAS
SALINE COUNTY
I, H. E. PETERSON, City Clerk of the City of Salina,
Kansas, do hereby certify that the ordinances codified and
published in the "Salina Code," consisting of Chapters 1 to
35 both inclusive, are the ordinances authorized to be codified
and published by the Board of Commissioners of said city by
Ordinance No. 6915, published in the Salina Journal on the
29th day of April, 1966.
I FURTHER CERTIFY that this volume constitutes a true
and correct copy of the "Salina Code," as adopted by Ordi-
nance No. 6944, passed and adopted by the Board of Com-
missioners on the 21st day of Nov., 1966, and published in said
official city newspaper on the 25th day of November, 1966.
I FURTHER CERTIFY that all ordinances first published
herein, which were passed to take effect upon their publica-
tion in the "Salina Code," will take effect and be in force from
and after the 1st day of January, 1967.
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IN WITNESS WHEREOF, I have hereunto set my hand
and affixed the official seal of said city at my office in Salina,
Kansas, this 25th day of November, 1966.
/ s/ H. E. PETERSON
City Clerk
(SEAL)
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TABLE OF CONTENTS
Page
List of Officials ----u--m--m---h-________m___________m______hm__h_______ iii
Preface
. -- - - -- -- - - -- ---- ----- - - -- ---- - -- ---- - --- --". - - ----.- -- -- ---- ----------- - -- --- - - - -- -- - ---
v
Adopting Ordinance
- - - - ----- --- ---- -- -- ------- -- - - ------- ---- - - -- - -- -.- - -- -- - -- -- -- --- - - -
ix
CODE OF ORDINANCES
Chapter
1. General Provisions _____m________________________________________________ 1
2. Administration ---m--------m---_____________________________m____h____ 31
Art. I. In General ----------------------------------_____n____mn 31
Art. II. Board of Commissioners m_m___n_____m____ 35
Art. III. Officers and Employees Generally ____ 37
Art. IV. City Manager ----____________________________________ 44
Art. V. Administrative Departments _____n_____n__ 46
Div. 1. Generally -m----_______________n_____n_________ 46
Div. 2. Department of Law m________n___________ 49
Div. 3. Department of Service m__n_n_____n_ 51
Div. 4. Department of Public Health 53
Div. 5. Department of Safety ____________________ 53
Div. 6. Department of Finance --___m______n 54
Div. 7. Department of Water and Sewer-
age -----------------n--_______________________n____ 60
Art. VI. Investment of Temporary Idle Funds 62
Art. VII. Salina Arts. Commission -___n_n__________ 65
Art. VIII. Reserved -----------------n--___n_nm_______h_ 67
3. Advertising --------n-----------------------_________m______n___n_____ 89
4. Air Pollution ----_________h__________________ -nh-______________h_h________ 117
5. Airport ----n-------h------n-----____n_________nh____n_____n___n___n_______ 117
6. Alcoholic Beverages -nh----------___h_____________m_____________n__ 175
Art. 1. Alcoholic Liquor --------------------h____________n_ 175
Art. II. Cereal Malt Beverages m-h___n_u_______h____ 185
Art. III. Class B Clubs __n_______n__________________________ 197
7. Amusements and Recreation -------------------_nn___________n__ 227
Art. 1. Reserved --m------------m______m_n____________m_____ 227
Supp. No. 25
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SALINA CODE
Chapter Page
Art. II. Carnivals, Circuses and Tent Shows ---- 227
Art. III. Public Dances ________________________________________ 230
Art. IV. Billiards, Pool and Shuffleboard -------- 237
Art. V. Entertainment in Food Establishments 243
Art. VI. Arcades ________________~________________________________n_ 245
Art. VII. Music Machines ___________________________________ 246
8. Animals and Fowl ________________________________________________________ 273
Art. I. In General __________m___________________________________ 273
Art. II. Dogs ________________________________~_________________________ 280
9. Buildings and Structural Appurtenances ------------------ 313
Art. I. In General _____n___________________________________________ 313
Art. II. Building Code __________________________________________ 314.6
Art. III. Awnings, Canopies and Marquees ___m__ 318
Art. IV. Signs ____________________________________________________~___ 323
Art. V. TV and Radio Towers and Antennae ---- 328
Art. VI. Electrical Code ____m_______________________________ 328
Div. 1. Generally ________m_______________________________ 328
Div. 2. Contractors ____n____________n_______m________ 333
Div. 3. Electrical Mechanics _____________________ 334.2
Div. 4. Permits and Inspections ________________ 341
Div. 5. Standards n________________n________m_________ 346
Art. VII. Plumbing Code ______________n______________________ 347
Di v. 1. Generally ____m___________________________________ 347
Div. 2. Plumbers __________________________________________ 352.1
Div. 3. Appeals ____________________________________________ 357
Div. 4. Standards ________m_________________________m_ 359
Art. VIII. Gas Code ________n______n______________m_________ 362
Div. 1. Generally __________________________________________ 362
Div. 2. Gas Fitters _______________________n_____________ 362
Div. 3. Standards _______________________________________ 365
Art. IX. Demolition, Removal or Relocation of
Buildings n_________________________m_________________ 368
Art. X. Fences, Walls and Hedges ______________________ 416
Art. XI. Sandblasting _______m________m____________________ 419
Art. XII. Elevators and Elevator Installation -- 422
Art. XIII. Screening Standards ________________________ 427
Supp. No. 25
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TABLE, OF CONTENTS-Cont'd.
Chapter
Art. XIV. Mobile Home Contractors and
Craftsm en ____h___ _____ --______h______m__________
Art. XV. Mechanical Code m---____h_______________m___
Art. XVI. One and Two Family Dwelling Code
Art. XVII. Code for Abatement of Dangerous
B uil dings ____ h--m_m______m____________m__
Page
427
437
440
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10. Cemeteries -------______________ _m -----------______m____h__ ______h_______ 447
457
473
11A. Equal Opportunity and Affirmative Action ___________ 493
Art. 1. In General -----------------------------_____u__u_______ 493
Art. II. Human Relations Commission ______m__ 498
Art. III. Human Relations Department ___________ 502
Art. IV. Unlawful Employment Practices _______ 504
Art. V. Unlawful Public Accommodation Prac-
ti ces ---u-h--------______h___________________mm___ __ ____ 507
Art. VI. Unlawful Housing Practices _ -_____u_____ 508
Art. VII. Public Contracts ------------___u___m___________ 510
Art. VIII. Procedures for Filing and Process-
ing Complaints -----------------------___________u 510.3
Art. IX. Miscellaneous Provisions --______m___________ 510.7
Art. X. The Organizational Structure and Re-
sponsibilities for Carrying Out the
City's Commitment to the Principle of
Nondiscrimination in City Employment 510.8
101;2. Civil Disobedience -----___m_____uuh_________________________________
11. Elections _m________________ -------------________h_________________________
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12. Fire Protection and Prevention ______________________________ 511
Art. I. In General_uh_____m___m_h_________________________ 511
Art. II. Fire Department -----------u____________h_________ 512
Art. III. Firemen's Relief Association -________h___ 515
Art. IV. Dangerous Structures ___m___________________ 519
Art. V. Fire Prevention --------------------------_______m____ 523
Div. 1. Generally ------m_____________________m________ 523
Div. 2. Fireworks _____m________________________________ 529
Div. 3. Dry Cleaning Plants_________m________ 532
Div. 4. Liquefied Petroleum Gases m____m__ 532
Div. 5. Miscellaneous Hazards ___________________ 533
Supp. No. 25
xvii
SALIN A CODE
Chapter Page
13. Flood Control ._________ __m_m___m____n____________ 559
Art. I. In General _m____n_____ __________________________ 559
Art. II. Flood Protection Works ______n ------------- 560
14. Food and Food Handlers ___m____n___________________________m____ 585
Art. I. In General ________________m_____________________n___m 585
Art. II. Establishments ________________md___________________ 585
Div. 1. Generally ________________________________________ 585
Div. 2. Sanitation Requirements -------------- 591
Art. III. Milk and Milk Products----- ------------- 595
Div. 1. Generally _______m____________________n_____ 595
Div. 2. Permits _______________________d_________________ 602
Art. IV. Vending Machines ______________________________ 604
Div. 1. Generally ________ __n________________c___________ 604
Div. 2. Sanitation Requirements - - _____n____ 612
15. Health and Sanitation ____________m__nn____ ---------- un_un 649
Art. I. In General _________________ ______________________________ 649
Art. II. Unhealthful Structures _____________ 654
Art. III. Weeds and Obnoxious Growths _______n___ 656
16. Housing ______on ____ _____________ _________m____________m________ 663
Art. 1. In General _____n______m_________________u_______n____ 663
Art. II. Administration and Enforcement ____n_ 668
Div. 1. Generally __________________________________________ 668
Div. 2. Appeals _____n__________n______________m_n_ 677
Art. III. Use and Occupancy Regulations n_____ 683
161/2. Reserved __ __ _____________________m___________________m______ 695
17. Industrial Development _______n______________________mn_________ 727
18. Junk and Junk Dealers_______~____________n_________________________ 753
19. Library ___________________________d____________________________________n------ 783
Art. I. In General ________n___________________________________ 783
Art. II. Offenses ___________________________________________________ 788
20. Licenses ______________________n____m_u____________d__________________d__-- 815
Art. I. In General ___d__________d__________________________ 815
Art. II. Fees Established ____________________________________ 821
Art. III. Going Out of Business License ____d______ 826
Supp. No. 25
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TABLE OF CONTENTS-Cont'd.
Chapter
Page
21. Mobile Homes and Mobile Home Parks _____________________ 851
Art. I. Definitions _____________________________________ 851
Art. II. General Regulations Applicable to All
Existing and Future Mobile Homes and
Mobile Home Owners ____m____________________ 852
Art. III. New Parks or Park Expansion __m____ 859
Art. IV. Penalty provisions m________nn____m____m_ 862
22. Motor Vehicles and Traffic ___________________________ 883
Art. I. In General _________________________________ 883
Art. II. Drivers' and Vehicle Licenses ____________ 894
Art. III. Signs, Signals and Markings Gen-
erally __________________________________________ 896
Art. IV. Operation _________________________________ 902.1
Art. V. Stopping, Standing and Parking Gen-
erally ____________________________________ 922
Art. VI. Parking Meters ___________________________ 931
Art. VII. Riding Vehicles ___________ 988
Art. VIII. Pedestrians ___________________________ 940
Art. IX. Parades and Processions ____________ 948
Art. X. Trains and Railroads _________________ 944
Art. XI. Accidents _____________--- 947
Art. XII. Vehicle Equipment and Condition --- 950
Art. XIII. Size, Weight and Load __ 969
Art. XIV. Violations and Penalties ________________ 974
22A. Neighborhood Centers ---------------------------------------
Art. I. Neighborhood Centers Board ______________ 989
28. Offenses-Miscellaneous ___ - 1008
Art. I. In General ____________ 1008
Art. II. Offenses Against Property ___ 1004
Art. III. Offenses Mfecting Administration
of Justice 1009
Art. IV. Offenses Against Morals and De-
cency 1012.1
Art. V. Offenses Against Peace and Order __ 1022
Art. VI. Weapons ---- 1024
Art. VII. Miscellaneous Offenses _ 1026
Art. VIII. Inoperable Vehic1es ___ 1084
SALINA CODE
Chap~r Page
24. Oil and Gas --------- 1059
25. Parks and Swimming Pools ----__________m______________m________ 1089
Art. I. In General -_____________________________ 1089
Art. II. Municipal Swimming Pools m_____m______m 1090
Art. III. Private Swimming Pools _m__________________ 1091
Art. IV. Salina Park Advisory Board _______nn 1095
26. Pawnbrokers and Secondhand Dealers ____m_______________ 1119
27. Planning -m-______________________________m___ 1145
Art. I. In General ___m__________m________________________m__ 1145
Art. II. Comprehensive Plan _________________m_______ 1146
Art. III. Plats and Subdivisions __________________________ 1152
Div. 1. Generally ____________________m_________________ 1152
Div. 2. Plats -----____m________m___O___________m_______ 1155
Art. IV. Setback Lines _________h______mn__n____________ 1157
Art. V. North Central Regional Planning Com-
mission ------___________________ 1159
28. Police ---------------------------______________________ 1185
Art. I. In General -----______________________________ 1185
Art. II. Benefit Fund ------------___m_____________________m 1191
Art. III. Merchant or Private Policemen __m_____ 1192
29. Police Court --------------________________________ 1221
Art. I. In General -__________________ 1221
Art. II. Bondsmen __m_____m____________________m___ 1226
80. Public Utilities ----------__________ _____ 1249
81. Refuse ------------------- ___________ 1277
Art. I. Reserved ----______ _______ 1277
Art. II. City Collection Service ______mm________________ 1277
Art. III. Refuse and Sanitation - ---________________ 1280
Art. IV. Private Haulers -_________________ 1285
Art. V. Solid Waste Disposal Area _______ 1289
82. Streets and Sidewalks ---________________ 1315
Art. I. In General 1315
Art. II. Bench Marks and Grades ___________________ 1319
Art. III. Obstructions and Encroachments ______ 1321
Supp. No. 24
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TABLE OF CONTENTS-Cont'd.
Chapter Page
Art. IV. Obstructing Visibility at Intersec-
tions - 1828
Art. V. Moving: Buildings _______________ 1825
Art. VI. Numbering Buildings ___________ lSS8
Art. VII. Driveways and Recessed Parking
Areas -------____________ 1334
Div. 1. Generally _________________________ 1384
Div. 2. Construction Requirements ______ 1341
Div. 3. Width and Location ________________ 1842
Art. VIII. Surfacing and Resurfacing Road-
ways ---------------_________u 1344
Div. 1. Generally --____________________ 1344
Div. 2. Construction Requirements ____n 1348
Art. IX. Concrete Work in Streets and Public
Grounds -----____ _ 1349
Art. X. Service Pipes and Sewers Ahead of
Paving ---------______________________ 1355
Art. XI. Excavations ----- _ 1857
Art. XII. Railroad Crossings ________________________ 1364
Div. 1. Generally --______________ 1864
Div. 2. Street Lights ----__________________ 1365
Art. XIII. Snow and Ice on Sidewalks _______ 1867
32A. Taxation ----------___________________________ 1379
Art. I. In General ___________________________ 1379
Art. II. Transient Guest Tax _______ 1879
88. Trees and Shrubs -----_________ 1398
Art. I. In General -- 1898
Art. II. Trimmers and Treaters __ 1897
Art. III. Diseased Trees and Shrubs __n__m_______ 1400
84. Vehicles for Hire ------_____ 1427
Art. I. In General _ 1427
Art. II. Freight Vehicles _______________ 1429
Art. III. Taxicabs -------_________________________________ 1481
Div. 1. Generally ____ 1481
Div. 2. Drivers ___ 1448
Supp. No. 26
xxi
SALINA CODE
Chapter
Page
85. Water and Sewers _____m______________________________________m_ -- 1479
Art. I. In General ____________________________________________ 1479
Art. II. Water ___m______________m__m_______________m_m____ 1483
Art. III. Rates _____________________________________________ 1489
Art. IV. Water Conservation ____m_______m_m______1502.01
36. Zoning Rt;gulations _______________n___________________________ 1505
Art. I. Genera: Provisions _______________m_____________ 1505
Art. II. Amendments __m_m_______________m_n________ 1508
Art. III. Distr~cts, Maps and Boundades ____m__ 1513
Art. IV. General Use Regulations m_m_______________ 1515
Art. V. General Bulk Regulations __ ________m___m 1522
Art. VI. District Regulations ________m_____m_____ 1527
Art. VII. Planned Development Districts ______ 1586.5
Art. VIII. Flood Plain Zoning District _________1586.22
Art. VIllA. Heritage Conservation District 1586.31
Art. IX. Signs ___mm___mm_m_________________m 1586.32.8
Art. X. Off-Street Parking and Loading _____ 1586.43
Art. XI. Nonconforming Uses, Bulk and
8igns __________m____ .- 1586.54
Art. XII. Administrative Provh,ions m_m______1586.62
Art. XIII. Definitions __m_______________m___________ 1586.71
Appendix
A. Reserved ________mm_______m mmm_______mm _____________ 1586.151
AI. Airport Zon:ng _____ _______ 1587
B. Subdhision Regulations ___________________________m___ 1607
Bl. Metropolitan Planning Commission (Amended
Agreement) ____m______m__m_____________________________________ 1633
C. City-County Emergency Preparedness Board -------- 1655
D. City-County Health Department ________________________m 1687
Art. I. Joint DepartmeIl.t _______________________ 1687
Art. II. Financial Agreement _______________________ 1691
E. Franchises ______________________ __________ 1717
Art. I. Gas and Electr!city __________. __________________ 1717
Art. II. Motor Buses _________________ 1720.1
Art. III. Television Antenna _____________________ 1727
Art. IV. Telephone _ .1732.1
Supp. No. 26 xxii
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TABLE OF CONTENTS-Cont'd.
Appendix
F. Charter Ordinances -
Code Comparative Table
Code Index -------------
Page
_ 1759
1815
__ 1835
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Supp. No. 26
xxiii
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SALINA 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 1960, ~ 1-101)
Sec. 1-2. Definitions and rules of construction.
In the construction of this Code and of all ordinances, the
following definitions and rules of construction shall be ob-
served, unless they are inconsistent with the manifest intent
of the board of commissioners or the context clearly requires
otherwise:
Sec. 1-2(1). Board of commissioners; city commission; com-
mission. The phrases "board of commissioners," "city com-
mission," or "commission" mean the Board of Commissioners
of the City of Salina, Kansas.
Sec. 1-2(2). Bond. When a bond is required, an undertaking
in writing shall be sufficient.
Sec. 1-2(3). City. The words "the city" mean the City of
Salina, in the County of Saline, State of Kansas.
Sec. 1-2(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.
Sec. 1-2(5). County. The words "the county" mean the Coun-
ty of Sruline, State of Kansas.
Sec. 1-2(6). Delegation of authority. Whenever a pro-
vision appears requiring or authorizing the head of a depart-
ment or other officer of the city to do some act or perform
some duty, it shall be construed to authoriz.e such department
head or officer to de'Signate, delegate and authorize subor-
dinates to do the required act or perform the required duty
unless the terms of the provision designates otherwise.
1
~ 1-2
SALINA CODE
~ 1-2
Sec. 1-2(7). Gender. Words importing the masculine gender
include the feminine and neuter.
Sec. 1-2(8). In the city. The words "in the city" mean and
include any territory within the corporate limits of the City
of Salina, Kansas, and the police jurisdiction thereof, and any
other territory over which regulatory power has been con-
ferred on the city by law, except as otherwise specified.
Sec. 1-2(9). Joint authority. All words giving a joint au-
thority to three (3) or more persons or officers shall be con-
strued as giving such authority to a majority of such persons
or officers.
Sec. 1-2(10). Number. Words used in the singular include
the plural and words used in the plural include the singular.
Sec. 1-2(11). Oath. The word "oath" includes an affirmation
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 "affirm" and "affirmed."
Sec. 1-2(12). Or, and. The word "or" may be read as "and"
and the word "and" as "or," where the sense requires it.
Sec. 1-2(13). Owner. The word "owner" applied to a bui,lding
or land, shall include not only the owner of the whole, but any
part owner, joint owner, tenant in common or joint tenant
of the whole or a part of such building or land.
Sec. 1-2(14). Person. The word "person" includes a firm,
partnership, association of persons, corporation, organization or
any other group acting as a unit, as well as an individual.
Sec. 1-2(15). Personal property. The words "personal prop-
erty" include every species of property, except real property.
Sec. 1-2(16). Preceding, following. The words "preceding"
and "following" means next before and next after, respec-
tively.
Sec. 1-2(17). Property. The word "property" includes real,
personal and mixed property.
Sec. 1-2(18). Real property. The words "real property" in-
clude lands, tenements and hereditaments.
2
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~ 1-2
GENERAL PROVISIONS
~ 1-4
Sec. 1-2(19). 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.
Sec. 1-2(20). State. The words "the state" mean the State
of Kansa's.
Sec. 1-2(21). Stree't. The word "street" means and includes
public streets, avenues, boulevards, highways, roads, alleys,
lanes, viaducts, bridges and the approaches thereto and all
other public thoroughfares in the city.
Sec. 1-2(22). 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.
Sec. 1-2(23). Writing, written. The words "writing" and
"written" include typewriting, printing on paper and any
other mode of representing words and letters. (Code 1960,
S 1-102)
Sec. 1-3. Parenthetical and reference matter.
The matter in parentheses at the ends of sections is for
information only and is not a part of the Code. Citations to
the 1960 Code (Code 1960) 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. Reference matter not in
parentheses is for information only and is not a part of this
Code. (Code 1960, S 1-103)
Sec. 1-4. Catchlines of sections.
The catch lines or headings of the sections of this Code
printed in boldface type are intended as mere words to indi-
cate the contents of the sections and shall not be deemed or
taken to be titles of 'Such sections, nor ag 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 1960, S 1-104)
3
~ 1-5
SALINA CODE
~ 1-6
Sec. 1-5. Amendments to Code; effect of new ordinances;
amendatory language.
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 chapters,
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 ordinances as numbered and printed or omitted,
in the case of repeal, shall be prima facie evidence of 'Such
subsequent ordinances until such time that this Code and sub-
sequent ordinances numbered or omitted are re-adopted as
a new Code of Ordinances.
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____u____u___ of the Salina Code, is hereby amended
to read as follows: . . ." The new provisions shall then be
set out in full.
In the event 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 chapter) to be numbered ________________, which 'Said
section (or article or chapter) reads as follows: . . ." The
new provisions shall then be set out in full.
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 1960, S 1-105)
Sec. 1-6. Effect of repeal of ordinances.
The repeal of an ordinance shall not revive any ordinances
in force before or at the time the ordinance repealed took
effect.
The repeal of an ordinance shall not affect any punishment
or penalty incurred before the repeal took dfect, nor any suit,
prosecution or proceeding pending at the time of the repeal,
for an offense committed under the ordinance repealed.
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~ 1-7
GENERAL PROVISIONS
~ 1-10
Sec. 1-7. Altering Code.
It shall be unlawful for any person, firm or corporation in
the city to change or amend by additions or deletions, any
part or portion 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 of
Salina to be misrepresented thereby.
Sec. 1-8. General penalty; continuing violations.
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 un-
lawful, and no specific penalty is prescribed or no general
penalty 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 hundred dollars ($500.00), or by im-
prisonment 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 1960, ~ 1-107)
Cross references-For police court, see Ch. 29; working of prisoners
authorized, credit against fine and costs, ~ 29-7.
Sec. 1-9. 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 circumstances, is declared to be un-
constitutional or invalid or unenforceable, such decision shall
not affect the validity of the remaining portions of this Code.
(Code 1960, ~ 1-106)
Sec. 1-10. 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.
Cross references-Police power extended over airport, ~ 5-4; police
power extended to flood control system, ~ 13-1 et seq.
Supp. No.8
5
S 1-11
SALINA CODE
S 1-11
Sec. 1-11. Fee for permits when not obtained in time.
Where any permit is required by this Code as a conditiol1
precedent to doing any work or beginning any undertaking,
and such work or undertaking is begun prior to obtaining
said 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 requirements of this Code,
nor shall it bar criminal prosecution.
Supp. No.3
[The next page is 31]
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Chapter 2
ADMINISTRATION *
Art. I. In General, l'ls 2-1-2-19
Art. II. Board of Commissioners, l'll'l 2-20-2-41
Art. III. Officers and Employees Generally, l'll'l 2-42-2-74
Art. IV. City Manager, l'll'l2-75-2-90
Art. V. Administrative Departments, l'll'l 2-91-2-186
Div. 1. Generally, SS 2-91-2-102
Div. 2. Department of Law, SS 2-103-2-114
Div. 3. Department of Service, SS 2-115-2-124
Div. 4. Department of Public Health, SS 2-125-2-130
Div. 5. Department of Safety, SS 2-131-2-139
Div. 6. Department of Finance, SS 2-140-2-170
Div. 7. Department of Water and Sewerage, !i!i 2-171-2-186
Art. VI. Investment of Temporary Idle Funds, l'll'l 2-187-2-195
Art. VII. Salina Arts Commission, l'll'l2-196-2-205
Art. VIII. Reserved.
ARTICLE I. IN GENERAL
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Sec. 2-1. Seal described.
The seal of the city shall be as herein described: Two con-
centric circles between which are the words "Seal of the City
of Salina, Kansas," and within the inner circle of which are
the word "Organized" and the numeral "1870." (Code 1960,
~ 2-701)
State law reference-For authority to have, use and alter a seal, see
K.S.A. 12-101.
Sec. 2-2. Certain old records may be destroyed.
The officials, officers and employees of the city charged
with the custody or having in their custody the following
records, documents or other papers may, subject to the pro-
visions of section 2-4, destroy the same after they have been
on file for the period stated:
Sec. 2-2 (1 ). Claims (and the purchase orders thereto at-
tached) presented and allowed by the board of com-
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*Cross references-For elections, see Ch. 11; parking advisory board,
S 25-50 et seq.
Supp. No. 25
31
~ 2-2
SALINA CODE
~ 2-2
mISSIOners or the board, commIssIOn, department, bu-
reau or officer authorized to allow such claims, fifteen
(15) years.
Sec. 2-2(2). Warrants or warrant checks, whether originals
or duplicates, that have been stamped or marked paid
as provided, by law, seven (7) years.
Sec. 2-2(3). Duplicate of receipts or stubs of receipts is-
sued, seven (7) years.
Sec. 2-2(4). Duplicates of utility bills sent to customers,
seven (7) years.
Sec. 2-2 (5). Bookkeeping or accounting records of utility
customers' accounts, fifteen (15) years, except that
the period for the records of deposits to guarantee the
payment of bills or the return of meters shall begin
when the account is closed or the customer ceases to
receive service.
Sec. 2-2 (6). Duplicates or stubs of licenses issued for li-
cense fees or occupation taxes, seven (7) years.
Sec. 2-2 (7). Registration lists, five (5) years.
Sec. 2-2(8). Poll books, five (5) years.
Sec. 2-2(9), Appointment of judges and clerks of election
boards, five (5) years.
Sec. 2-2(10). Used ballots, one year, unless a contest is
pending.
Sec. 2-2 (11). Bonds of officials, officers or employees, fif-
teen (15) years, the period to begin at the date of the
termination of the term of employment.
Sec. 2-2(12). Insurance policies, five (5) years, the period
beginning at the expiration of the policy unless a rate
case is pending.
Sec. 2-2(13). Canceled checks, seven (7) years.
Sec. 2-2(14). Requisition and duplicate purchase orders,
seven (7) years.
Supp. No. 25
32
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~ 2-2
ADMINISTRATION
~ 2-3
Sec. 2-2(15). Bonds and coupons stamped paid or canceled
and returned by the state fiscal agent, seven (7) years,
the period beginning at the date of maturity of the
bond or coupon. (Code 1960, ~ 2-801)
State law reference-For similar provisions, see K.S.A. 12-120.
Sec. 2-3. Certain records not affected by authority to destroy.
Nothing in the preceding section shall be deemed to apply
to records, documents or papers not specifically mentioned,
nor to authorize the destruction of records, documents or
papers which in their nature should be preserved permanently,
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32.1
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~ 2-3
ADMINISTRATION
~ 2-6
nor to prohibit destruction of records, documents or papers
obviously of only temporary value after a reasonable time.
(Code 1960, ~ 2-802)
State law reference-For similar provisions, see K.S.A. 12-121.
Sec. 2-4. Commissioners to review destruction of records;
minutes required.
Before destroying any records, papers or documents spe-
cifically mentioned herein, the official, officer or employee
in charge with the custody of the same, shall present the
question of the advisability of ordering such destruction to
the board of commissioners for its action thereon. The city
clerk shall keep suitable minutes of any such matter before
the commission describing as near as may be the records,
documents and papers to be destroyed and a minute of the
final destruction of the same. (Code 1960, ~ 2-803)
Sec. 2-5. Photographing of records authorized.
The board of commissioners may cause any or all records,
documents or papers to be photographed, microphotographed
or reproduced on film. Such photographic film shall comply
with the minimum standards of quality approved for per-
manent photographic records by the national bureau of stand-
ards and the device used to reproduce such records on such
film shall be one which accurately reproduces the original
thereof in all details. (Code 1960, ~ 2-804)
State law reference-For similar provisions, see K.S.A. 12-122.
Sec. 2-6. Storage or destruction of records which have been
photographed.
Whenever such photographs, microphotographs or repro-
ductions on film shall be placed in conveniently accessible
files and provisions made for preserving, examining and using
the same, the custodial officer may with the approval of the
board of commissioners, cause the originals from which the
photographs or microphotographs have been made or any
&upp. No.7
33
S 2-6
SALINA CODE
~ 2-19
part thereof to be deposited in a safe place if the same are of
permanent value or destroyed if not of permanent value.
(Code 1960, ~ 2-805)
State law reference-For similar provisions, see K.S.A. 12-12,1.
Sec. 2-7. Bonds of contractors, licensees, etc.-Surety.
All bonds for the use, benefit or protection of the city re-
quired to b€ taken by the statutes of the state and by the
ordinances of the city or by resolution of the- board of com-
missions from any person to secure the faithful performanc~\
of any contract with the city, or to indemnify the city against
loss, damage or liability growing out of any contract with the
city, or out of the issuance of any license or permit by the
city where a bond is required, shall be signed and executed
as surety by some surety company admitted to do business
in the State of Kansas. (Code 1960, ~ 7-101; Ord. No. 8017,
~ 1, 4-14-69)
Cross references-Bond or insurance for sign business, S 9-69; bond
or insurance for persons advertising their own businesses, S 9-70; bond
of electrical contractors, S 9-135; bonds for plumbers, S 9-239; bond of
gas fitters, S 9-291; bonds for house movers, S 9-327; bond required
for fireworks display, S 12-122; bond for private policemen, S 28-56; bond
required to move buildings, S 32-77; bond required to construct drive-
ways and recessed parking areas, S 32-125; bond required to surface
or resurface roadways, S 32-174; bond required to do concrete work in
streets and public grounds, S 32-212, et seq.; bond required to make ex-
cavations, S 32-250; bond for tree trimmers and treaters, S 33-27.
Sec. .2-8. Same-Principal and surety to sign; to be made to
city.
All bonds provided for in the preceding section shall be
signed and executed by the party or parties from whom such
bonds are required in addition to the sureties on said bonds,
and except where otherwise provided by law the said bonds
shall be made to the city. (Code 1960, ~ 7-102)
Sec. 2-9. Same-Approval by city attorney.
Except where otherwise expressly provided to the contrary,
all bonds herein provided for shall be submitted to and ap-
proved by the city attorney. (Code 1960, ~ 7-103)
Sees. 2-10-2-19. Reserved.
Supp. No.7
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~ 2-20
ADMINISTRATION
~ 2-23
Article II. Board of Commissioners
Sec. 2-20. Membership, how referred to.
The board of commissioners shall consist of the number of
commissioners provided by statute and they shall be elected
as provided by law, and shall be referred to in this Code as
the "commission," "governing body," "governing board" and
"board of commissioners." (Code 1960, ~ 2~101)
State law reference-Number of commissioners, K.S.A. 12-1006.
Sec. 2-21. Distinction in titles, duties.
No distinction shall be made in title or duties among the
commissioners, except as the board shall organize itself for
business. (Code 1960, ~ 2-103)
State law reference-For similar provisions, see K.S.A. 12-1006.
Sec. 2-22. Organization, officers of commission.
At the third meeting of the board of commissioners in
April of each year the board of commissioners shall reorganize
and choose its chairman who shall have the title of mayor to
the end that the city shall have an official head on formal
occasions. At said meeting the board of commissioners shall
also choose a vice-chairman who shall serve as acting mayor
in the absence of the mayor. (Code 1960, ~ 2-104)
State law reference-Annual Eelection of chairmen, required, K.S.A.
12-1007.
Sec. 2-23. Frequency, time of meetings; calling special meet-
ings.
The commission shall meet at least once a week or oftener
if the public business requires, the day and hour of such
regular meetings to be specified in the resolution relating to
the order of business. A call signed by a majority of the com-
mission shall be sufficient warrant for a special meeting. The
commission shall, by resolution, adopt a form of call. (Code
1960, ~ 2-106)
State law reference-For similal' provisions, see K.S.A. 12-1009.
Supp. No. 14
35
~ 2-24
SALINA CODE
~ 2-27
Sec. 2-24. Meetings to be publie.
(a) All regular and special meetings of the board of com-
missioners shall be open to the public and the news media.
The commissioners may meet in executive sessions closed to
the public and news media for the purpose of discussing per-
sonnel matters and appointments to boards and committees,
acquisition of or the use and development of land or property,
and matters concerning litigation or threatened litigation.
(b) Any final action taken by the commission shall be in
public meeting.
(c) Executive sessions shall be held at such time and place
as may be announced by the presiding officer, subject to an
approval of the majority of the commission. (Code 1960, ~
2-106; Ord. No. 8184, ~~ 1--4, 2-8-72)
Amendment note-Ord. No. 8184, ~~ 1-3, enacted a new ~ 2-24. Sec.
4 of Ord. No. 8184 repealed former ~ 2-24 pertaining to the same
subject matter.
State law reference-For similar provisions, see K.S.A. 12-1009.
Sec. 2-25. Order of business.
The commission shall determine its own order of business
by resolution. (Code 1960, ~ 2-105)
State law reference-Commission to determine order of business,
K.S.A. 12-1007.
Sec. 2-26. General powers.
All powers exercised by cities of the first class, or which
shall hereafter be conferred upon them, shall be exercised
by the commission, insofar as they do not conflict with the
provisions of the statutes relating to the city manager plan
of government. (Code 1960, ~ 2-102)
State law reference-For similar provisions, see K.S.A. 12-1010.
Sec. 2-27. Duty; to pass necessary ordinances.
The commission shall pass all ordinances needful for the
welfare of the city. (Code 1960, ~ 2-107)
State law reference-For similar provisions, see K.S.A. 12-1010.
Supp. No. 14
36
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~ 2-28
ADMINISTRATION
~ 2-29
Sec. 2-28. Duty to provide for offices and salaries.
The commission shall provide for such offices as shall be
necessary to carry out the provisions of the statute relating
to the city manager plan of government and determine salaries
for the same. (Code 1960, ~ 2-108)
State law reference-For similar provasions, see K.S.A. 12-1010.
Sec. 2-29. Duty to appoint, supervise manager.
The commission shall appoint a manager as herein pro-
vided, and shall be responsible for his efficient administration
of the city's busines. (Code 1960, ~ ~ 2-109)
State law reference-For similar provisions, see K.S.A. 12-1010.
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~ 2-30
ADMINISTRA TION
~ 2-44
Sec. 2-30. Duty to create departments.
Administration departments shall be created by the com-
mission as the public business may demand. (Code 1960,
S 2-111)
State law reference--For similar provisions, see K.S.A. 12-1015
Sec. 2-31. Interference with departments.
No member of the city commission shall directly interfere
with the conduct of any department, except at the express
direction of the commission. (Code 1960, S 2-110)
State law reference-For similar provisions, see K.S.A. 12-1014.
Sees. 2-32-2-41. Reserved.
Article III. Officers and Employees Generally
Sec. 2-42. Creation of other offices not limited.
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Nothing herein shall be construed as limiting the number
of offices and positions that may be created. Other offices
and positions may be created by other ordinances. (Code 1960,
S 2-402)
Sec. 2-43. Holding more than one office permitted.
The manager may appoint one person to hold and perform
the duties of more than one office. Provided, that one person
may not hold offices which are incompatible or when such
dual holding is prohibited by law. (Code 1960, S 2-403)
Sec. 2-44. Manager may appoint, remove assistants and em-
ployees.
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The manager shall have power to appoint such assistants
and employees in and for the various departments as may be
necessary to the efficient operation of the city's business and
may remove such assistants and employees at his pleasure.
(Code 1960, S 2-404)
State law reference--Manager to appoint and remove officers and em-
ployees, K.S.A. 12-1014.
37
~ 2-45
SALINA CODE
~ 2-48
Sec. 2-45. Citizenship and residence.
All employees of the city shall be citizens of the United
States or shall have declared before a competent court their
intention of becoming citizens of the United States, and shall
reside in the city limits, with the exception that such persons
heretofore employed now residing outside the city limits may
continue to reside at such present address. Provided, that a
presently employed city employee who shall move to a point
outside of the existing city limits shall be dismissed from the
service of the city. (Code 1960, S 2-906)
Sec. 2-46. Oath required.
All officers of the city, whether elected or appointed, either
under the laws of the State of Kansas or ordinances of the
city, shall, before entering upon the duties of their respective
offices, take and subscribe an oath (or affirmation) as
follows:
"I do solemnly swear (or affirm, as the case may be)
that I will support the constitution of the United States and
the constitution of the State of Kansas and faithfully dis-
charge the duties of ________m______________ (here enter name of
office). So help me God." (Code 1960, S 2-501)
State law references-Form of oath prescribed, K.S.A. 54-106; loyalty
oath required, K.S.A. 21-305.
Sec. 2-47. Form, filing of oath.
All officers and employees required by law to take and
subscribe or file any oath or affirmation shall be supplied
the necessary forms for the purpose at the expense of the city
and upon taking and subscribing or signing any such oath or
affirmation, the same shall be deposited with the city clerk.
Provided, that the oath of the city clerk shall be filed with
the city treasurer. (Code 1960, S 2-502)
Sec. 2-48. Bonds to be given before taking office.
No person shall perform any of the duties of the office or
employment to which he is appointed without first having
given the bond as required and after its approval, and the
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~ 2-48
ADMINISTRATION
~ 2-50
giving of a bond, if a bond is required, shall be considered as
one of the qualifications necessary to be met in qualifying
for office. (Code 1960, ~ 2-603)
Sec. 2-49. Bonds to be conditioned as specified.
The bonds of officers, deputies, assistants and employees
required to give bond shall be conditioned as required by
statute or as otherwise required 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 1960, ~ 2-601)
Sec. 2-50. Amount of bonds; special conditions.
The following officers and employees shall give bond in the
following amounts and conditioned as stated:
Sec. 2-50 (1) . City manager ----------------------------------------$5,000.00
Sec. 2-50(2). Superintendent of department of
wa terwo r ks -------------------____________________ _____________________ 5,000.00
Sec. 2-50(3). Where one person is city manager
and ex officio superintendent of waterworks
department, one bond in the sum of ________________ 5,000.00
Sec. 2-50 ( 4). Director of finance ______________________________ 5,000.00
Sec. 2-50 ( 5). City Clerk --________ _________________________________ 5,000.00
Sec. 2-50(6). In the event one person holds the
offices of director of finance and city clerk,
only one bond shall be required in the sum of 5,000.00
Sec. 2-50(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 public moneys entrusted to his care, and
save the city free and harmless from all loss caused by
neglect of duty or malfeasance in office. The board of
commissioners shall require the treasurer to give a new
bond whenever, in its opinion, the existing bond is in-
Supp. No. 21
39
~ 2-50
SALINA CODE
~ 2-54
sufficient; and whenever such new bond is required,
he shall perform no official act until such bond shall
be given and approved in the manner aforesaid.
Sec. 2-50(8). Cashier of the water and sewerage depart-
ment, five thousand dollars ($5,000.00). Such bond
will be conditioned for the faithful performance of
his duties and for a true and faithful accounting for
all moneys that may come into his hand by reason of
his position. (Code 1960, ~ 2-607)
Cross references-Bond of treasurer of firemen's relief association,
~ 12-43; for bond of library board treasurer, see ~ 19-16.
Sec. 2-51. Type of bonds; approval, filing.
The bonds shall be surety company bonds unless 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 1960, ~ 2-602)
Sec. 2-52. 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 1960, ~ 2-604)
Sec. 2-53. 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 1960, ~ 2-605)'
State law reference-City to pay bond premiums, K.S.A. 78-111.
Sec. 2-54. Affect of provisions on existing bonds.
No bond of any officer or employee in force at the time
this Code shall take effect shall be affected. Provided, that
if a bond in a greater amount is required, the officer or em-
ployee is hereby ordered to increase the amount of bond to
meet the amount required. (Code 1960, ~ 2-606)
Supp. No. 21
40
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~ 2-54.1
ADMINISTRA TION
~ 2-54.1
Sec. 2-54.1.
Security indemnification and payment of certain
expenses incurred in adjusting, settling or defend-
ing claims brought against public officials and
employees for actions in discharging city duties
or performing city employment.
Sec. 2-54.1 (1). The city, in the discretion of the governing
body, may post security, indemnify and pay on behalf of each
person and the heirs and representatives of such person who
is or was an elected official, officer, employee or lawfully ap-
pointed 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, ad-
ministrative or investigative, or threat thereof, or in connec-
tion with an appeal relating thereto, in which such person
may become involved as a party or otherwise, 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 expense incurred by any insurance company under the
company's contractual obligation to the city.
Sec. 2-54.1 (2). As used in this section, the term "expense"
includes counsel fees, and other disbursements made or to be
made in the defense of such person and the payment of judge-
ments, fines, penalties or amounts paid in settlement by or
on behalf of such person.
Sec. 2-54.1.(3). The governing body, prior to obligating the
city for such expense shall make or cause to be made, an in-
vestigation of the facts relating to the claim, action or pro-
ceeding against such person. Thereafter, the governing body,
by resolution, shall make findings of fact, a determination as
to whether or not assistance will be provided, the type thereof
and the estimated amount of expense.
Sec. 2-54.1 (4). In making its findings of fact and deter-
mination the governing body shall not authorize the payment
of such expense unless it finds all of the following:
(a) The claim, action or proceeding arose out of and in the
line of duty or employment of such person.
Supp. No. 21
40.1
~ 2-54.1
SALINA CODE
~ 2-55
(b) The city has a direct interest in the matter as opposed
to a collateral interest.
(c) The officer or employee acted in good faith and had
reasonable cause to believe his conduct was lawful.
(d) That it would be in the interests of the city to authorize
the payment of such expense.
Sec. 2-54.1 (5). The governing body shall have the right to
terminate and revoke by resolution at any time any previous
resolution authorizing the payment of expense without further
liability or obligation to any such officer or employee, or third
parties contracting with such officer or employee.
Sec. 2-54.'1 (6). All findings and determination required
by this section shall be made by a majority of all of the elected
city commissioners. (Ord. No. 8476, ~~ 1-6,3-22-76)
Editor's note-Ord. No. 8476, .~~ 1-6, being nonamendatory of this
Code, has been included herein as ~ 2-54.1 at the discretion of the editors.
Sec. 2-55. Hours of work.
The work hours of all employees will be established by each
department with the approval of the city manager. Em-
Supp. No. 21
40.2
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~ 2-55
ADMINISTRATION
~ 2-57
ployees paid by the month will not be allowed additional pay
or additional leave for overtime work except upon specific
approval of the city manager. (Code 1960, ~ 2-901)
Sec. 2-56. Maintenance of personnel records.
Personnel records for city employees will be maintained in
the city clerk's office for all city employees. All transfer,
promotion, dismissal or resignment and new employee's appli-
cations and appointments shall be turned in immediately to
the city clerk's office. (Code 1960, ~ 2-901)
Sec. 2-57. Vacations.
Sec. 2-57(1). All regular full time employees of the city who
are paid on a monthly rate who have worked for the city one
year or more shall be entitled to two (2) calendar weeks
vacation with pay during each calendar year. Employees with
the city for fifteen (15) years or more shall be entitled to
three (3) calendar weeks of vacation with pay during each
calendar year.
Sec. 2-57(2). All regular full time employees of the city
who are paid on an hourly rate and who have worked for the
city one year or more shall be entitled to one calendar week
of vacation with pay during each calendar year. When such
employee has worked for the city five (5) years, he shall be
entitled to two (2) calendar weeks vacation with pay during
each calendar year.
Sec. 2-57(3). Regular full time employees who have been
with the city service one year or more are entitled to vacation
pay when leaving the service. This vacation pay is computed
as follows:
(a) For employees entitled to two (2) weeks regular vaca-
tion a year, one day's pay for each full month of service
during the calendar year in which separation took place.
(b) For employees entitled to one (1) week's regular vaca-
tion a year, one-half day's pay for each full month of
Supp. No. 12
41
~ 2-57
SALINA CODE
~ 2-59
service during the calendar year in which separation
took place. This vacation payor separation will not
be paid if current vacation leave has been used.
Sec. 2-57(4). All vacation leaves must be approved by the
department head and city manager. (Code 1960, S 2-902;
Ord. No. 6763, S 1, 1-13-64)
Sec. 2-58. Holidays.
The legal holidays to be observed by the City of Salina,
Kansas, shall be those which have been designated by the State
Legislature of Kansas in K.S.A. 1970 Supp. 35-107 as legal
public holidays. (Code 1960, S 2-903; Ord. No. 8143, S 1,
2-1-71)
Amendment note-Ord. No. 8143, ~ 1, amended ~ 2-58 to read as set
out. Formerly the holidays were enumerated.
Sec. 2-59. Sick leave.
Sec. 2-59(1). Entitlement. All regular full time employees
of the city shall be allowed sick leave with pay which shall
accrue at the rate of one day of leave for each calendar month
of the employee's service, and the leave may be accumulated
up to a maximum of ninety (90) days. Sick leave used shall
be deducted from the accrued leave. An employee eligible for
sick leave with pay shall be granted such leave for:
(a) Personal illness or physical incapacity;
(b) Enforced quarantine of the employee;
(c) Sickness in the immediate family when the leave is
approved by the department head or the city manager;
(d) Death of a member of the immediate family.
Supp. No. 12
42
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~ 2-59
ADMINISTRATION
S 2-62
Sec. 2-59(2). Six month's employment 'required. No employee
shall be allowed to use any sick leave until he has been em-
ployed by the city for six (6) months. Provided however, that
such sick leave shall accumulate during the first six month's
employment.
Sec. 2-59(3). Notice; doctor's certificate. In case of sick-
ness, the employee must notify his department head or city
office each day he cannot report for work. If the absence is
more than three (3) days, a certificate from a doctor stating
that the employee is unable to work must be obtained and filed
with the employee's department head. (Code 1960, S 2-904)
Sec. 2-60. Emergency leave.
In case of death in his immediate family, a regular full time
employee paid on a monthly or an annual basis may be granted
leave of absence with pay for a period not to exceed three (3)
days., "Immediate family" is defined as husband, wife, child,
brother, sister, parent or grandparent. (Code 1960, S 2-905)
Sec. 2-61. 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 attorney and as-
sistant city attorneys, the police judge, the city manager and
the city manager's secretary, and persons employed under
established civil service systems, shall be appointed, employed
and paid under the provisions of the rules and regulations
which may be adopted as provided in section 2-62.
Sec. 2-62. Same-Rules, regulations governing.
Rules and regulations governing appointment and employ-
ment to positions in the classified service together with sal-
ary ranges shall be adopted and amended by resolution of the
board of commissioners 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.
43
~ 2-63
SALINA CODE
~ 2-76
Sec. 2-63. Payroll deductions.
Sec. 2-63(1). Authorized. The city treasurer is hereby au-
thorized to make deductions from the compensation of any
officer or employee for insurance, the purchase of savings
bonds, community chest contributions, or any other purpose,
when requested in writing by the officer or employee. Such
request shall continue in force until revoked in writing by the
officer or employee.
Sec. 2-63(2). Certification. The city treasurer shall at the
close of the calendar year certify in writing to each officer or
employee from whose compensation deductions were made
during the year the amount deducted during the year.
Sec. 2..63(3) Records. Appropriate records showing such
deductions shall be kept by the city treasurer. (Ord. No. 6574,
~ 1, 10-31-61)
Sees. 2-64-2-74. Reserved.
Article IV. City Manager~
Sec. 2-75. Appointment, term, qualifications.
The commission shall, whenever by virtue of a vacancy in
said office it becomes necessary, appoint a manager who shall
be responsible for the administration of all of the affairs of
the city, and hold office at the pleasure of the board. The
manager 'Shall be chosen solely on the basis of administrative
ability and the choice shall be not limited by any residence
qualifications. (Code 1960, ~ 2-202)
State law reference-For similar provisions, see K.S.A. 12-1011.
12-1012.
Sec. 2-76. Commission to fix salary and bond.
The manager shall receive a salary to be fixed by the com-
mission and shall give bond for the faithful performance of his
duties in such amount as may be provided by ordi.nance. (Code
1960, ~ 2-203)
State law reference-For similar provisions, see K.S.A. 12-1013.
*State law ~eference-For manager plan generally, see K.S.A. Ch. 12.
Art. 10.
44
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* 2-77
ADMINISTRA TION
~ 2-78
Sec. 2-77. General duties.
Sec. 2-77(1). The manager shall be responsible for the ad-
ministration of all of the affairs of the city.
Sec. 2-77(2). He 'shall see that the laws and ordinances are
enforced.
Sec. 2-77(3). He shaH appoint and remove all heads of de-
partments and' all subordinate officers and employees of the
city. All such appointments shall be made upon merit and fit-
ness.
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Sec. 2-77(4). The manager shall have the option to require
the appointment of a civil service commission as established
by the provisions of K.S.A. 13-2201. The hoard of commission-
ers at the request of the manager, shall appoint civil service
commissioners as i'S now or may hereafter be provided for
by law for cities of the State of Kansas.
Sec. 2-77 (5). He shall be responsible for the discipline of all
appointive officers and may, without notice, cause the affairs
of any department or the conduct of any officer or employee
to be examined.
Sec. 2-77(6). He shall prepare and submit the annual budget
to the board of commissioners and also keep the board of com-
missioners fully advised as to the financial condition and' needs
of the city.
Sec. 2-77(7). He may make recommendations to the com-
missioners on all matters concerning the welfare of the city,
and shall have a seat, but no vote, in all of the public meetings
of the board of commissioners.
Sec. 2-77(8). He shall perform such other and further duties
as may be required by law or ordinance. (Code 1960, ~ 2-204)
State law reference-For similar provisions, see K.S.A. 12-1014.
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Sec. 2-78. Duty to administer city business.
The administration of the city's business shall be in the
hands of the manager. (Code 1960, ~ 2-201)
State law reference-For similar provisions, see K.S.A. 12-1011.
45
~ 2-79
SALINA CODE
~ 2-92
Sec. 2-79. Duty to countersign warrants and checks.
He shall countersign all warrants and combined warrant-
checks issued by the director of finance. (Code 1960, S 2-205)
State law reference--Manager to countersign warrants and checks,
K.S.A. 12-1016.
Sec. 2-80. Manager may act as any officer.
The city manager may perform the duties of any officer
whose office he is qualified to fill and in such cases the ap-
pointment or employment of such officer may be dispensed
with. (Code 1960, S 2-401)
Sees. 2-81-2-90. Reserved.
Article V. Administrative Departments~
DIVISION 1. GENERALLY
Sec. 2-91. Created.
There are hereby created for the city, the following admin-
istrative departments:
Department of Law;
Department of Service;
Department of Public Health;
Department of Safety;
Department of Finance;
Department of Water and Sewerage. (Code 1960, S 2-301;
Ord. No.6591,S 1, 1-2-62)
State law reference--Creation of administrative departments, see
K.S.A. 12-1015.
Sec. 2-92. Supervision and personnel, generally; appointment
of personnel; general duties.
The affairs of the various administrative departments 'Shall
be administered by the following officers and employees, func-
tional departments or boards, and the officers and employees
thereof or by such other officers and employees, functional
*State law reference--For creation of administrative departments,
K.S.A. 12-1015.
46
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~ 2-92
ADMINISTRATION
~ 2-94
departments or boards as may be required by law or other
ordinances. All heads of departments, other officers, em-
ployees and members of boards shall be appointed by the city
manager, unless otherwise provided by law, and shall hold
office at his pleasure unless otherwise provided by law: Pro-
vided, that the manager need not appoint or employ any offi-
cer or employee herein provided for, when the business of the
city shall not require it. The duties of such officers and em-
ployees, departments or boards shall be as herein provided
or as provided by other ordinances of the city and by the laws
of the State of Kansas. (Code 1960, 9 2-302; Ord. No. 6591,
S 2, 1-2-62)
Sec. 2-93. Manager may appoint director of administrative
department.
The manager may appoint a director to be in general charge
of an administrative department. (Code 1960, S 2-302; Ord.
No. 6591, 9 2, 1-2-62)
Sec. 2-94. Composition and personnel specified.
The administrative departments shall consist of the officers,
functional departments, boards and employees authorized here-
in and such other officers, functional departments, boards and
employees as shall be attached to said administrative depart-
ments by other ordinances.
Sec. 2-94(1). Department of Law:
(a) City attorney.
(b) Assistant city attorneys.
(c) Police judge.
Sec. 2-94(2). Department of Service:
(a) City engineer, inspectors, rodmen, instrument men and
other necessary employees.
(b) Street department:
(1) Superintendent of streets.
(2 ) Vehicle drivers, teamsters, street and other neces-
'Saryemployees.
47
~ 2-94
SALINA CODE
~ 2-94
(c) Park department:
(1) Superintendent of parks.
(2) Necessary employees.
(d) Refuse department.
Sec. 2-94(3). Department of Public Health:
(a) City-county health department.
Sec. 2-94 (4). Department of Safety:
(a) Police department:
(1) Chief of police.
(2) An assistant chief and necessary officers and em-
employees.
(b) Fire department:
(1) Fire chief or chief of the fire department.
(2) Necessary assistant chiefs, officers and employees.
(c) Building department:
(1) Building official and necessary assistants and em-
ployees. The building official shall have general
supervision of all inspectors and employees of the
building department.
(2) Plumbing inspector and necessary assistants and
employees.
(3) Electrical inspector and necessary assistants and
employees.
(4) Gas fitting inspector and necessary assistants and
employees.
Sec. 2-91,,(5). Department of Finance:
(a) Director of finance.
(b) City clerk.
(c) City treasurer.
Personnel director.
Purchasing agent.
(d) Necessary clerks and employees.
Sec. 2-94(6). Department of Water and Sewerage:
(a) Director of utilities.
(b) Superintendent of water system.
(c) Office manager.
(d) Superintendent of sewage disposal.
(e) Superintendent of sanitary sewer collection system.
(Code 1960, ~ 2-302; Ord. No. 6591, ~ 2, 1-2.62)
48
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~ 2-95
ADMINlSTRA TION
~ 2-103
Sec. 2-95. Duties generally.
The duties of the officers, boards and employees shall be
as provided by this Code, other ordinances and the laws of
the State of Kansas and as specified by the directors of de-
partments, department heads and the city manager. (Ord.
No. 6591, ~ 2, 1-2-62)
Sec. 2-96. Additional departments.
The commission may create and establish additional de-
partments and offices as may be necessary for the purpose
of a more efficient administration and as business may de-
mand. When other departments and offices are created and
established, the officers in charge shall be appointed by and
serve at the pleasure of the city manager, and the duties to
be performed and compensation shall be defined and fixed by
ordinance. (Code 1960, ~ 2-309)
Sec. 2-97. Additional departmental employees.
The city manager is hereby authorized to employ such ad-
ditional employees for the various departments of the city,
as now exist or are hereinafter created, as may be necessary
for the efficient operation of such departments, and whenever
it is necessary to employ any person in any department whose
wages are not specifically fixed by ordinance, including all
common labor, the wages of any such employee shall be such
as may be fixed by the city manager and as may be allowed
and paid from time to time by the board of commissioners.
(Code 1960, ~ 2-406)
Sees. 2-98-2-102. Reserved.
DIVISION 2. DEPARTMENT OF LAW
Sec. 2-103. Purpose.
The department of law is created for the administration of
the legal affairs of the city. (Code 1960, ~ 2-303)
49
~ 2-104
SALINA CODE
~ 2-107
Sec. 2-104. Qualifications of city attorney.
No person shall be eligible to the offi.ce of city attorney
who is not by profession an attorney at law admitted to prac-
tice before the Supreme Court of the State of Kansas. (Code
1960, ~ 2-303; Ord. No. 6603, 2-27-62)
Sec. 2-105. 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 depart-
ments; shall draft all ordinances, contracts, agreements, etc.;
attend all meetings 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 professional services incident to his office; provided,
that business and court cases outside of Saline County and
cases in the District Court of Saline County except on appeal
from the police court in which the city is the appellant, shall
not be considered as duties herein insofar as regular salary
is concerned but the compensation for such duties shall be as
determined by resolution or ordinance from time to time.
(Code 1960, ~ 2-303; Ord. No. 6603, 2-27-62)
State law reference-For duties of city attorney, see K.S.A. 13-2105.
Sec. 2-106. Qualifications of assistant city attorneys.
Assistant city attorneys shall be attorneys admitted to prac-
tice before the Supreme Court of the State of Kansas. (Code
1960, ~ 2-303)
Sec. 2-107. 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 du-
ties of the city attorney. (Code 1960, S 2-303)
50
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~ 2-108
ADMINISTRATION
!:l 2-116
Sec. 2-108. City attorney to assign assistants' duties and sal-
ary classifications.
The city attorney shall assign the duties to the assistant
city attorneys and shall designate their classification for sal-
ary purposes. (Code 1960, S 2-303)
Sec. 2-109. Powers, duties of police judge.
The police judge shall possess and exercise all the power
and perform all the duties as conferred and defined by law.
(Code 1960, S 2-303)
Cross reference-For police court, generally, see Ch. 29.
Secs. 2-110-2-114. Reserved.
DIVISION 3. DEPARTMENT OF SERVICE
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Sec. 2-115. Purpose.
The department of service is created for the administration
of affairs relative to public improvements, streets, alleys,
storm sewers, parks and refuse. (Code 1960, S 2-304; Ord.
No. 6592, S 1, 1-2-62)
Sec. 2-116. Qualifications, duties of city engineer.
e
The city engineer shall be a professional engineer as pro-
vided by K.S.A. Chapter 26a. He shall prepare plans, specifi-
cations and estimates for and superintend the construction of
all public improvements, and do all surveying and engineering,
except when specifically otherwise provided by contract, reso-
lution or ordinance. He shall keep the manager and the com-
mission informed as to the progre'ss of any improvement, and
shall keep the manager and commission advised upon engi-
neering problems confronting the city; advise the manager
and commission regarding the use of streets by utilities; and
perform such other duties as may be designated by the city
manager. (Code 1960, S 2-304; Ord. No. 6592, ~ 1, 1-2-62)
51
~ 2-117
SALINA CODE
~ 2-124
Sec. 2-117. Duties of superintendent of streets.
The superintendent of streets shall have charge of and di-
rect the work of all laborers, equipment and use of material
engaged in working on the streets and alleys of the city and
all such employees shall be under the immediate direction of
said superintendent. It shall be his general duty to keep the
streets, alleys, sidewalks, bridges, viaducts, gutters, storm
water sewers and culverts clean and in good repair. He shall
keep a complete and accurate account of all laborers, equip-
ment and material employed or used in his department, and
an itemized statement of the cost thereof, each month, and
shall each month present to the city manager an accurate re-
port showing the information as required by the city manager
and preserve an itemized statement of the property in his
possession belonging to the city. (Code 1960, S 2-304; Ord.
No. 6592, S 1, 1-2-62)
Cross reference-For streets and sidewalks generally, see Ch. 32.
Sec. 2-118. Duties of superintendent of parks.
The superintendent of parks shall have general supervision
over the parks, parkways and boulevards belonging to the city,
and shall supervise and direct all employees for such purposes.
(Code 1960, S 2-304; Ord. No. 6592, S 1, 1-2-62)
Cross reference-For parks generally, see Ch. 25.
Sec. 2-119. Appointment, duties of superintendent of refuse.
There shall be appointed by the city manager a superin-
tendent of refuse, who shall have the duty to administer and
enforce the collection of refuse, supervise the operation of all
city sanitary landfills and investigate and inspect all licensed
refuse collectors and their equipment to determine if said
collector and equipment comply with all ordinances pertain-
ing thereto. (Code 1960, S 2-304; Ord. No. 6592, S 1, 1-2-62)
Cross reference-For refuse generally, see Ch. 31.
Sees. 2-120-2-124. Reserved.
52
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~ 2-125
ADMINISTRA TION
~ 2-134
DIVISION 4. DEPARTMENT OF PUBLIC HEALTH*
Sec. 2-125. To be as prescribed by joint resolution.
The City of Salina and the County of Saline having estab-
lished 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 1960, ~ 2-305)
Cross reference-For joint resolution establishing city-county board
of health, see Appendix D to this Code.
Sees. 2-126-2-130. Reserved.
DIVISION 5. DEPARTMENT OF SAFETY
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Sec. 2-131. Purpose.
The department of safety is created for the protection of
the lives and property of the citizens of the city and of strang-
ers who may be sojourning therein. (Code 1960, S 2-306)
Sec. 2-132. Supervision, duties of police department.
The police department shall be under the supervision of the
chief of police, and shall perform such duties as are im.posed
upon it by law and ordinance. (Code 1960, S 2-306)
Cross reference-For police department generally, see Ch. 28.
Sec. 2-133. Supervision, duties of fire department.
The fire department shall be under the supervision of the
fire chief, and shall perform such duties af are imposed upon
it by law and ordinance. (Code 1960, S 2-306)
Cross reference--For fire department generally, see Ch. 12.
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Sec. 2-134. Duties of building department inspectors.
The building department inspectors shall perform such
duties as are imposed upon them by ordinance and required
by the city manager. (Code 1960, S 2-306)
Cross references-For buildings generally, see Ch. 9; for building
official, see ~ 9-20; for electrical inspector generally, see ~ 9-108 et seq.;
for administration of gas code generally, see ~ 9-265 et seq.; for plumb-
ing inspector generally, see ~ 9-202 et seq.
*Cross reference--For health and sanitation generally, see Ch. 15 of
this Code.
53
~ 2-135
SALINA CODE
~ 2-143
Sees. 2-135-2-139. Reserved.
DIVISION 6. DEPARTMENT OF FINANCE
Sec. 2-140. Purpose.
The department of finance is created for the purpose of
having general control over the financial affairs of the city.
(Code 1960, S 2-307)
Sec. 2-141. Supervision by director; issuance of warrants,
checks.
The director of finance shall be in charge of the department
of finance. He shall issue all warrants, or combined warrant-
checks, when appropriations have been made by the board of
commissioners. (Code 1960, S 2-307)
Sec. 2-142. Clerk and director to pay over moneys received;
duties to surrender effects of office.
It shall be the duty of the city clerk or director of finance
to pay over all moneys that may come into their hands as such
clerk or director of finance as required by law or ordinance,
and shall deliver to their successors in office all the books,
records, papers and other things belonging to their office.
(Code 1960, S 2-307)
Sec. 2-143. General duties of clerk; authority to administer
oaths; admissibility of records.
The city clerk shall attend all meetings of the board of com-
missioners, keep a true record of its proceedings, and also keep
a record of all his official acts, and when necessary shall
attest them. He shall also keep and preserve in his office the
corporate seal of the city, all records, public papers and docu-
ments of the city not belonging to any other officer. He shall
be authorized to administer oaths; and the copies of all papers
filed in his office, and transcript from the records of the pro-
ceedings of the commission, including ordinances duly certi-
fied by him under the corporate seal of the city, shall be taken
as evidence in all courts of the state without further proof.
(Code 1960, S 2-307)
54
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S 2-144
ADMINISTRA TION
~ 2-148
Sec. 2-144. Clerk to register voters.
The city clerk shall register all voters in the city as provided
by law. (Code 1960, S 2-307)
Sec. 2-145. Clerk to collect fees, pay to treasury.
The city clerk shall collect and pay all fees pertaining to his
office, or which are required to be paid to him as city clerk,
as provided in any of the ordinances of the city, into the city
treasury, taking the treasurer's receipt therefor. (Code 1960,
S 2-307)
Sec. 2-146. Clerk to mark repealed ordinances; index to ordi-
nances.
Whenever any ordinance or section thereof shall be repealed,
it shall be the duty of the city clerk to write or stamp on the
face of the record of said ordinance or section thereof, in the
original ordinance books of the city, and upon the face of
the original ordinance or section thereof on file in his office,
the word "Repealed" together with a notation of the number
and date of passage of the ordinance repealing such ordinance
or section. The city clerk shall keep both a numerical and an
alphabetical index of all ordinances passed by the board of
commissioners and shall note thereon the repeal of any such
ordinance or section thereof. (Code 1960, S 2-307)
Sec. 2-147. Clerk to mark papers filed with him.
Whenever any paper of any kind entitled or required to be
filed with the city clerk, is presented to him for filing, the
clerk shall, at the time of the reception thereof write or stamp
thereon the word "Filed" together with the date of reception
and the name of the clerk. (Code 1960, S 2-307)
Sec. 2-148. Clerk to keep accounts.
The city clerk shall keep the proper account books belong-
ing to his office, and keep a special and distinct account of
moneys or other property received by the treasurer, number
all orders issued on the treasury for the payment of money
55
~ 2-148
SALINA CODE
~ 2-153
and keep a record of the date of the issue of said order, the
name of the person to whom i'Ssued, the amount and number of
the same, and the date of the cancellation or payment of the
same. (Code 1960, 9 2-307)
Sec. 2-149. Clerk to keep ordinance books and records, attest
ordinances.
The city clerk shall keep an ordinance book to be furnished
by the city, in which he shall enter at length, in a plain and
distinct handwriting or typewriting, every ordinance enacted
for the city immediately after its passage, and he shall ap-
pend thereto a note stating the date of its passage, the page
of the journal containing the record of the final vote on its
pa'Ssage, and also the name of the newspaper in which said
ordinance was published, and the date of such publication
and affix the seal of the city thereto, and in connection with
the mayor attest the same. (Code 1960, 9 2-307)
Sec. 2-150. Clerk to keep records of orders and drafts.
The city clerk shall keep an accurate record of all orders
and drafts in a book to be provided for that purpose. (Code
1960, 9 2-307)
Sec. 2-151. Clerk to keep records of special meetings.
In case of special meetings, the call and the object, as well
as the action of the board thereon, shall he entered upon the
journal by the city clerk. (Code 1960, S 2-307)
Sec. 2-152. Clerk to record appointments.
The city clerk 'Shall enter every appointment of office and
the date thereof on the journal. (Code 1960, S 2-307)
Sec. 2-153. Duties of clerk as custodian of records.
The city clerk shall be the custodian of all city records ex-
cept such as are required to be kept by other officers, and
shall file all papers and records, which shall at all reasonable
times be open to public inspection. (Code 1960, 9 2-307)
56
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~ 2-154
ADMINISTRA TION
~ 2-158
Sec. 2-154. Clerk to keep bond record.
He shall keep a full and accurate account of all bonds issued
by the city, recording them in a book by date, number, amount
of each, to whom payable, where payable, date of maturity and
when cancelled. (Code 1960, S 2-307)
Sec. 2-155. Clerl{ to record and certify special assessments
and taxes.
The city clerk shall keep a record of special assessments and
certify the same and all taxes to the county clerk in the man-
ner provided by law. (Code 1960, S 2-307)
Sec. 2-156. Other duties of clerk.
The city clerk shall perform such other and further duties
as may be prescribed by state law or ordinances of the city
or as may be directed at any time by the city manager. (Code
1960, S 2-307)
Sec. 2-157. Clerk may delegate duties.
All acts required to be performed by the clerk hereunder
or by any other ordinance shall be performed by the clerk
or by his deputy or assistant under his direction. (Code 1960,
S 2-307)
Sec. 2-158. General duties of treasurer; procedure for re-
ceipts and disbursements.
The city treasurer shall receive and keep all money belong-
ing to the city, and payout the same on w~rrants or warrant-
checks issued by the director of finance and countersigned
by the city manager. All moneys belonging to such city and
received by any officer or agent thereof, from collections,
fines, or any other source whatsoever, shall be by him de-
posited with the city treasurer daily. For all moneys received
the city treasurer shall give duplicate receipts in all cases, one
to the party paying the said money into the treasury and one
to the director of finance. All persons charged with the coIIec-
tion of any money under ordinances of the city or so provided
57
~ 2-158
SALINA CODE
~ 2-160
by law, shall promptly pay the same over to the treasurer,
under such penalty as may be prescribed by ordinance. The
party paying shall then hold said original receipt. The city
treasurer shall keep the accounts of the city in such a way
that a full statement of the city finances may be made each
month. Said treasurer shall render a full and correct itemized
statement of all receipts and payments to the board of com-
missioners at their first regular meeting in each month and
at such other times as may be required by said board or the
city manager. The city treasurer shall make deposits daily of
all such sums of money as shall be received by him from all
sources of revenue whatsoever to his credit as treasurer of
such city, in one or more banks, as provided by ordinance.
No funds shall be paid out by said treasurer except by check
or draft upon such bank or banks, and all checks or drafts
drawn by said treasurer on such bank or banks shall be coun-
tersigned by the director of finance who shall keep an account
record of each check or draft so countersigned by him; pro-
vided, that a combination warrant and check may be used as
authorized by K.S.A. 10-801. Said treasurer shall also keep
a separate account of each fund, and shall credit each account
with the funds received therefor, and charge each account
with the amount legally paid out therefrom; and no money
shall be paid out of anyone fund for any object or purpose
other than that for which the fund was created. (Code 1960,
9 2-307)
Sec. 2-159. Treasurer to use designated depositories.
After the board of commissioners has properly designated a
depository or depositories, and such depositories have qualified
by giving the security required by statute, the city treasurer
shall deposit daily all money coming into his hands as treas-
urer in such depositories 'so long as such depositories are quali-
fied and shall payout money only in the manner provided by
law. (Code 1960, 9 2-307)
Sec. 2-160. System for treasurer's records; who may inspect.
The city treasurer shall keep his books and accounts in a
regular system as required by statute, and such books and ac-
58
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~ 2-160
ADMINISTRA TION
~ 2-163
counts shall at all reasonable times be open to the inspection
of the city manager, mayor, city clerk, city attorney or any
commissioner. (Code 1960, S 2-307)
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Sec. 2-161. Duties of treasurer under cash basis act.
The city treasurer shall not knowingly pay any order, war-
rant, check or other evidence of indebtedness out of the treas-
ury of the city in excess of the amount of funds actually on
hand in the treasury at the time for such purpose, unless other-
wise provided in the "cash basis act" (K.S.A. Art. 11, Ch. 10).
He shall keep a record of the amount of money on hand in the
treasury, which record shall show at all times the amount of
money in each particular fund, and each order, warrant, check
or other evidence of indebtedness, drawn on the treasury and
paid, giving the date of payment. He shall, upon the request of
any member of the board of commissioners or at the request
of any taxpayer of the city or at the request of any person
desiring to contract with the city or who has a claim against
the city, exhibit such record to such person or give such
person a statement in writing, showing the balances on hand
in each of the funds of the city. (Code 1960, S 2-307)
Sec. 2-162. Expenditures to be as budgeted.
No claim, warrant, or certificate of indebtedness in any
form shall be allowed, issued, approved, attested, registered
or paid for any other purposes than that for which the tax
levy is made, and no part of any fund shall be diverted in any
manner whether before or after the distribution of taxes by
the county treasurer to any other purpose than that for which
the levy was made except as provided by law. (Code 1960,
S 2-307)
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Sec. 2-163. Quarterly financial reports required of treasurer.
The treasurer shall publish or cause to be published in the
official city paper within twenty (20) days after the quarter
ending in March, June, September and December of each year,
a statement showing the total amount received into each fund
and the total amount expended from each fund, and the cash
59
~ 2-163
SALINA CODE
~ 2-172
balances of each fund at the beginning and close of each quar-
ter; provided, that such quarterly statement shall show the
amount of outstanding registered warrants, temporary notes,
bonds and all other obligations and liabilities of the city. (Code
1960, S 2-307)
State law reference-For similar provisions, see K.S.A. 12-1608.
Sec. 2-164. Treasurer to deliver paid warrants, bonds, etc., to
clerk.
The treasurer shall on the first Monday of each month de-
posit in the office of the clerk all warrants, orders, coupons,
bonds and scrip that have been paid and received by him and
take the clerk's receipt. (Code 1960, S 2-307)
Sec. 2-165. Treasurer to deliver effects of office to successor.
The treasurer shall deliver over to his successors in office
or to any person authorized by law or ordinance to receive
the same, all moneys, books, papers and other things pertain-
ing to his office. (Code 1960, S 2-307)
Secs. 2-166-2-170. Reserved.
DIVISION 7. DEPARTMENT OF WATER AND SEWERAGE*
Sec. 2-171. Created; purpose.
The department of water and sewerage is created for the
administration of affairs relative to the operation of the city
water system, sewage disposal system and sanitary sewage
collection system. (Code 1960, S 2-308; Ord. No. 6593, S 1,
1-2-62)
Sec. 2-172. Duties of director of utilities.
The director of utilities, under the supervision of the city
manager, shall be responsible for and have general supervision
*CrOS8 reference-For water and sewers generally, see Ch. 35.
State law reference-For combined water and sewerage systems, see
K.S.A. 12-856 et seq.
60
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~ 2-172
~ 2-174
ADMINISTRATION
over the water system and sewerage system of the city, and
all property connected therewith. He shall be responsible for
seeing that accurate daily records are kept by all departments
under his supervision and shall submit monthly and annual
reports concerning the operation of these departments to the
city manager. He shall see that all equipment of said water
system and sewerage system is maintained in a good condition
and be responsible for the safe and efficient operation of the
same. He shall have the immediate control and management
of and generally supervise the superintendent of the water
system, the office manager of the department of water and
sewerage, the superintendent of sewage disposal and super-
intendent of the sanitary sewage collection system. (Ord.
No. 6593, ~ 2, 1-2-62)
Sec. 2-173. Duties of superintendent of water system.
The superintendent of the water system, under the direction
of the director of utilities, shall be responsible for the manage-
ment, control and operation of the city water system. He shall
make periodic inspections of the water system equipment and
see that the same is maintained in a good state of repair. He
shall be responsible for the supply, treatment and distribution
of water throughout the water system and shall have the im-
mediate control and management of all the employees in said
system. He shall keep daily records of the operation of said
system and make monthly and annual reports to the director of
utilities. (Ord. No. 6593, ~ 3, 1-2-62)
Sec. 2-174. Duties of office manager.
The office manager of the department of water and sewer-
age, under the direction of the director of utilities, shall be
responsible for the collection of all revenue due to the depart-
ment of water and sewerage and generally supervise and man-
age all office personnel in the customer accounting department.
He shall keep accurate daily records of the operations of the
department and submit monthly and annual reports to the
director of utilities. (Ord. No. 6593, ~ 4, 1-2-62)
61
~ 2-175
SALINA CODE
~ 2-187
Sec. 2-175. Duties of superintendent of sewage disposal.
The superintendent of sewage disposal, under the direction
of the director of utilities, shall be responsible for the opera-
tion, management and control of the sewage treatment plant
of the city, and shall supervise the work of all employees of
said plant. He shall be responsible for all property and equip-
ment of the Salina sewage treatment plant and shall regularly
inspect the same and see that it is maintaIned in a good state
of repair. He shall be responsible for the proper treatment
and disposal of sewage. He shall keep accurate daily records
and make monthly and annual reports of the operations there-
of to the director of utilities. (Ord. No. 6593, S 5, 1-2-62)
Sec. 2-176. Duties of superintendent of sanitary sewage col-
lection system.
The superintendent of the sanitary sewage collection system,
under the direction of the director of utilities, shall be re-
sponsible for the operation, management and control of all
city-owned sanitary sewer mains and laterals, sewage pump
stations and all property connected therewith, and shall have
the immediate supervision of the employees of said system. He
shall make regular inspections of all equipment of the sanitary
sewage collection system and see that it is kept in a good
state of repair. He shall be responsible for the cleaning of all
sanitary sewer mains and laterals. He shall keep accurate daily
records of the operations of this system and make regular
monthly and annual reports to the director of utilities. (Ord.
No. 6593, S 6, 1-2-62)
Sees. 2-177-2-186. Reserved.
Article VI. Investment of Temporary Idle Funds
Sec. 2-187. Authorized.
Temporary idle moneys of the city not currently needed
may, in accordance with the procedure hereinafter prescribed,
be invested in :
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~ 2-187
ADMINISTRA TION
~ 2-189
Sec. 2-187(1). Direct abligations to the United States Gav-
ernment, which mature within one year from date pur-
chased and which a,re guaranteed as to principal by the
United States Government; or
Sec. 2-187(2). Temporary notes af the city, issued pursuant
to K.S.A. 10-123. The provisions hereof shall not ap-
ply to any funds of the city, the investment of which
is expressly authorized or limited or prahibited by the
statutes of the State of Kansas; 0'1",
Sec. 2-187 (3). In interest bearing certificates of deposits of
the depository banks af the city; 0'1"
Sec. 2-187(4). In interest bearing accounts with federally
insured savings and laan associations located within
the city; 0'1"
Sec. 2-187(5). No-fund warrants of the city, or the Salina
airport issued pursuant to an order af the board af
tax appeals of the state. (Ord. Na. 6893, S 1, 11-29-65)
Sec. 2-188. Procedure and restrictions.
The city manage1r and city clerk shall periadically repart
ta the gaverning body as to the amount available for invest-
ment and the periad of time such amounts will be available
for investment, and shall submit such recommendations as are
deemed necessary for the efficient and safe management of
the city finances. The' recommendations, of the city manager
and city clerk shall provide for an investment program which
shall so limit the amount invested and schedule the! maturities
of investment so that the city will at all times have sufficient
maney available an demand deposit t0' assure prompt pay-
ment of all oity obligations. The gove1rning body shall deter-
mine by resolution the amaunt, method and terms of any in-
vestment and the type of investment made, subject to the
provisions of this article. (Ord. No. 6893, S 2, 11-29.65)
Sec. 2-189. Custody and safe keeping of securities.
Securities purchased pursuant to this article shall be under
the joint care af the city clerk, city treasurer and city man-
ager and shall be held in the custody of a state 0'1" national
bank 0'1" trust company, 0'1" shall be kept by such officers in a
Supp. No.2
63
~ 2-189
SALINA CODE
~ 2-195
safety deposit box af the city in a bank or trust company. Se-
curities in an original or receipt farm may be held in the
custody Qif a bank 0'1" trust company, shall be held in the name
of the city and their redemption, transfer 011" withdrawal shall
be permitted only upO'n the written instruction af at least two
(2) such city officers. Securities not held in custody af a
oo.nk 0'1" trust camp,any shall be personally deposited by such
afficers in a safety deposit bax in the name of the cIty in a
bank or trust company, access to which shall be permitted
only in the personal presence and under the' signature of at
least twO' (2) such officers. (Ord. NO'. 6893, S 3, 11-29-65)
Sec. 2-190. Sale or transfer of securities.
If, in order to' maintain sufficient money O'n demand deposit
in any fund, as prO'vided in sectiQin 2-188, it becomes neces-
sary to transfer 0'1" sell any securities Qif such fund, any two
(2) or mO're O'f the O'fficers specified in section 2-189, may
transfer said securities to' any ather fund 0'1" funds, in which
there are temporary idle mQineys, 011" shall sell such securities
and for such purpose they shall have autharity to' maintain
all necessary written directiQins, endQirsements or assignments
for and on behalf O'f the city. Any such transfers 0'1" sales shall
be reported in writing to' the governing body at its next regu-
lar meeting. (Ord. NO'. 6893, S 4, 11-29-65)
Sec. 2-191. Use of earnings from investments.
The interest or athe,r earnings from investments, made pur-
suant to this article shall bel credited pro rata to the fund or
funds from which the investments were made and shall be
used, insofar as possible, to relieve the ad valarem tax levies
of the city. (Ord. No. 6893, S 5, 11-29-65)
Sec. 2-192. Clerk to keep records.
The eity clerk shall maintain a complete and detailed rec-
ord at all times, of all investments made pursuant to' this, ar-
ticle. (Ord. NQi. 6893, S 5, 11-29-65)
Secs. 2-193-2-195. Reserved.
SuPp. No. ~
64
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~ 2-196 ADMINISTRATION A 2-199
ARTICLE VII. SALINA ARTS COMMISSION*
Sec. 2-196. Commission established.
There is hereby established a Salina Arts Commission to
promote and encourage public programs to further the devel-
opment and public awareness of and interest in the city in
connection with the artistic and cultural development of the
city. (Ord. No. 8547, ~ 1, 3-7-77)
Sec. 2-197. Membership; appointment; term.
The said 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. The initial appointments to the
commission shall be for one, two (2) and three (3) year terms
and thereafter 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. (Ord. No. 8547, ~ 1, 3-7-77)
Sec. 2-198. Organization.
The commission shall annually organize and select the offi-
cers 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 governin~
body of the city. (Ord. No. 8547, ~ 1, 3-7-77)
Sec. 2-199. Duties and powers.
The commission shall have the following duties and powers:
(a) To hold regular public meetings and keep a written
record of its proceedings which shall be public records.
*Editor's note-Ord. No. 8547, ~ 1, enacted March 7, 1977, amended
Art. VII to read as herein set out. Formerly Art. VII pertained to thp cul-
tural arts commission, and was derived from Ord. No. 6946, ~~ 1-5,
adopted Dec. 19, 1966, and Ord. No. 8059, ~ 1, adopted Dec. 22, 1969.
Supp. No. 22
65
~ 2-199
SALINA CODE
~ 2-200
(b) To annually review the financial needs of the programs
for the development of the fine and performing arts
and submit a proposed budget therefor to the city com-
mission; to make expenditures in accordance with the
annual budget adopted by the city.
(c) To make application and solicitation for and accept
grants, gifts, and donations of money, property, or per-
sonal services from individuals, groups, organizations,
and the like or from any agency of the city, county,
state or federal government granted or given for a pur-
pose consistent with the purposes of this commission
and to expend all funds so received.
(d) To initiate, sponsor or conduct, alone or in cooperation
with other public or private agencies, public programs to
further the development and public awareness of, and
interest in the fine and performing arts.
(e) To advise and assist the city in connection with such
other artistic activities as may be referred to it by
the city.
(f) To utilize the services of the director of arts as its
executive secretary and such other staff as may be
made available to it.
(g) To serve as a clearing house for scheduling exhibits,
concerts, recitals, lectures and other cultural events that
may occur in the community.
(h) To generally stimulate. facilitate, coordinate and coop-
erate with existing organizations for the development
of the arts and historical tradition of the city and to
initiate programs and proposals of encouragement for
promotion development of the arts, culture, heritage,
beauty and tradition of the city. (Ord. No. 8547, ~ 1,
3-7-77)
See. 2-200. Director of arts.
There is hereby created the position of director of arts of
the City of Salina, to be appointed by and directly responsible
Supp. No. 22
66
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~ 2-200
ADMINISTRA TION
~ 2-205
to the city manager. The salary of the director of arts shall
be fixed by the governing body. (Ord. No. 8547, 9 1, 3-7-77)
Sees. 2-201-2-205. Reserved.
ARTICLE VIII. RESERVED*
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*Editor's note-Ord. No. 8730, ~ 1, adopted Aug. 13, 1979, repealed
Art. VIII, ~~ 2-206-2-216, pertaining to the bicentennial center author-
ity, derived from Ord. No. 8623, ~ 1, enacted March 6, 1978.
[The next page is 89]
Supp. No. 25
67
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Chapter 3
ADVERTISING~'
Sec. 3-1. Distributing matter in or attaching to motor ve-
hicles.
It shall be unlawful for any person, as principal or agent,
to place or cause to be placed, any handbills, circulars, cards,
posters, leaflets, pamphlets, booklets, showbills or other adver-
tising 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 con-
strued to prevent the officers 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 advertis-
ing done in public conveyances. (Ord. No. 6891, 9 1, 11-15-65)
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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, circulars, 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 requested such delivery.
(Ord. No. 6891, 9 2, 11-15-65)
Sec. 3-3. Posting on utility poles, public or private property.
Sec. 3-3(1). Offenses. Any person who shall put up, attach
or post any signs, bills, dodgers, adverti'Sements or notices of
any kind or character, of any material whatsoever, upon any
telephone, telegraph, electric light pole, or upon any pole erect-
ed for the purpose of carrying the wires of any public utility,
or upon any lamppost, hitching post, hydrant, drinking foun-
tain, sidewalk, bridge or fence or building any of which may
be located or situated in any street or alley or other public
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*Cross references-For signs, see ~ 9-63 et seq.; for license fee for
street advertising, see ~ 20-66.
89
~ 3-3
SALINA CODE
~ 3-5
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 consent of the owner thereof, shall be
guilty of a misdemeanor.
Sec. 3-3(2). Removal. Any sign, bill, dodger, advertisement
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.
Sec. 3-3(3). Exceptions. This section shall not apply to notices
posted by order of the city-county health department in the dis-
charge of any official duty nor to the posting of legal advertise-
ments at places required or designated by law or by ordinance.
(Code 1960, ~ 23-413)
Sec. 3-4. Damaging, defacing lawfully posted advertising.
Any person who shall tear down, deface, mutilate, obscure
or otherwise injure any written or printed posted or handbill
or other advertisement which shall have been lawfully posted,
nailed or otherwise posted for a lawful purpose within the city,
shall be guilty of a misdemeanor. (Code 1960, ~ 23-414)
Sec. 3-5. Loudspeakers and sound trucks-License required.
There is hereby levied a license fee upon every person, who
shall, within the city, conduct, pursue, carry un 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 op-
erated on the streets of said city or from any stationary loca-
tion on private property by which the sound of such adver-
tisement or announcements, either in the form of music, voice
or otherwise by any of the means aforesaid, is projected into
any public street, for the purpose of calling attention to per-
sons in such public street or elsewhere the advertisement or
announcement projected from or by means of any such de-
vice. (Code 1960, ~ 16-601)
Cross reference-For licenses generally, see Ch. 20.
90
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~ 3-6
ADVERTISING
* 3-7
Sec. 3-6. Same--License fee; operating without license.
The license fee levied and provided for under the provisions
of the preceding section shall be in the sum of five dollars
($5.00) per day for each loudspeaker, radio or phonograph
device from which advertisement or announcement is project-
ed, and it shall be unlawful for any person to use any such
device within the city and upon the publie streets thereof or
adjacent to any such public street until such person shall have
applied to the city clerk for such license, and shall pay the
license fee provided for herein and shalI have received a li-
cense from the city clerk to conduct, pursue, carryon or op-
erate within the city, for the time for which such license fee is
paid, such calling, trade or occupation. (Code 1960, S 16-602;
Ord. No. 8375, ~ 1, 11-25-74)
Sec. 3-7. Same-Prohibited hours.
It shall be unlawful for any person to use 01' operate any
such 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 pro-
visions of this article shalI be deemed to permit the use thereof
during any of the time when such use is prohibited by the pro-
visions of this section. (Code 1960, ~ 16-603)
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[The next page is 117 J
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Chapter 4
AIR POLLUTION
Sec. 4-1. Definitions.
As used in this chapter:
Board shall mean the board of appeals hereinafter created.
Building official shall mean the building official of the city.
Cinde1's, dust, fly ash, noxious acids, fumes and gases, shaill
be considered to be all matter other than denRe smoke, in-
cluding coke, cinders, dust and soot formed as a result of the
combustion of fuel, which are carried in the gas stream so as
to reach the external air and which have not been completely
consumed by the combustion process.
Dense smoke shall mean that smoke which has a density of
No. 2 or greater as established by the Ringlemann Chart,
hereinafter referred to and adopted.
Person, firm or corporation shall mean any individual, part-
nership, firms, associations, companies, corporations, syndi-
cates or other groups or groups of organized or unorganized
individuals who may employ, own, use or operate any fuel-
consuming device.
Ringlemann Chart shall be that standard published by the
United States Bureau of Mines to determine the density of
smoke, as hereinafter adopted by reference in section 4-2.
(Code 1960, S 18-201)
Sec. 4-2. Ringlemann Chart adopted; use.
Sec. 4-2(1). Adopted. The standard by which the density
of smoke is to be measured will be the Ring!emann Chart,
published by the United States Bureau of Mines, which is
hereby made a part of this chapter by reference.
Sec. 4-2(2). Use. Use of the chart will be made by placing
it at such distance from the observer so that the squares
appear as even 'Shades of coloring, or when no white spaces
117
~ 4-2
SALIN A CODE
~ 4-3
between the lines are visible. Comparison of the smoke under
observation with the various shades of the chart will then
indicate the density of the smoke. Observation distances shall
be not less than one hundred (100) feet nor more than one-
quarter (%) mile from the 'Smoke observed. (Code 1960,
S 18-213)
Sec. 4-3. Duties of building official.
The duties of the building official shall be:
Sec. 4-3(1). To investigate all complaints of violations of
this chapter and to institute necessary proceedings in
case of violations;
Sec. 4-3(2). To investigate and make recommendations
from time to time to the board of commissioners with
respect to needed revisions in this chapter or any
other ordinance pertaining to smoke control and air
pollution;
Sec. 4-3(3). To make yearly inspections of all fuel-con-
suming devices within the city to determine whether
compliance is being had with the provisions of this
chapter as more specifically required in section 4-9;
Sec. 4-3 (4). To prepare and disseminate appropriate edu-
cational and informative literature to the public for
the purpose of advising them of the purposes and neces-
sity for thei smoke prevention campaign;
Sec. 4-3(5). To cooperate fully with all civic or other or-
ganizations which may be or become interested in the
smoke prevention campaign;
Sec. 4-3(6). T'o promulgate and publish rules and regula-
tions under which this chapter will be administered,
providing in detail and with clarity the necessary
information by which the public is to be guided. Copies
of the Ringlemann Chart shall be made available to
the public without charge. The rules and regulations
herein prescribed to be adopted shall be prepared only
after a thorough consideration of the air pollution
problem as it exists in the city;
Sec. 4-3 (7). To issue all permits required under the terms
of this chapter, and to notify all parties concerned of
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AIR POLLUTION
~ 4-5
any decision he may render and to provide such parties
with an opportunity to have a full hearing as herein-
after set forth in section 14-13;
Sec. 4-3(8). To do any and all other acts which may be
necessary for the successful prosecution of the purposes
of this chapter, and such other acts as may be spe-
cifically enumerated herein as his duties. (Code 1930,
~ 18-205)
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Sec. 4-4. Emission of dense smoke prohibited; abatement au-
thorized.
It shall be unlawful for any person to permit the emission
of any smoke from any source whatever of a density equal to
or greater than that density prescribed as No. 2 on the
Ringlemann Chart, published by the United States Bureau of
Mines, the standards of which are hereby fully adopted by
the enactment of this chapter and adopted by reference in
section 4-2. The emission of such dense smoke is declared to
be a public nuisance and may be summarily abated by the
building official, or by anyone whom he may designate for
such purpose; provided, that this section shall not be ap-
plicable to the circumstances set forth in section 4-5. (Code
1960, ~ 18-202)
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Sec. 4-5. Exceptions to dense smoke prohibitions.
The provisions of section 4-4 of this article shall not be
applicable:
Sec. 4-5(1). Residences. To private residences in which no
more than two (2) families are or can be housed. To
all larger dwellings, of whatever type, this article shall
be fully effective and applicable.
Sec. 4-5(2). Rekindling fires. When a fire box, boiler, loco-
motive or other fuel-consuming device is being cleaned
out and a new fire is being built therein, in which event
a smoke of a density greater than that described as No.
2 of the Ringlemann Chart shall be permitted for a
period of not to exceed six (6) minutes in any single
period of sixty (60) minutes. (Code 1960, ~ 18-203)
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~ 4-6
SALINA CODE
~ 4-7
Sec. 4.6. Escape of soot, cinders, noxious acids, fumes, gases
prohibited; abatement authorized.
It shall be unlawful for any person to permit or cause the
escape of such quantities of soot, cinders, noxious acids, fumes
and gases in such place or manner as to be detrimental to
any person or to the public or to endanger the health, comfort
and safety of any such person or of the public, or in such
manner as to cause or have a tendency to cause injury or
damage to property or busine'Ss. The escape of such matter
is declared to be a public nuisance and may be summarily
abated by the building official, or by anyone whom he may
designate for such purpose. (Code 1960, S 18-204)
Sec. 4-7. Use of smokeless solid fuel.
It shall be unlawful for any person to use or consume in
any solid fuel-burning equipment any solid fuel which does
not meet the standards of a smokeless solid fuel as set forth
in this section. Smokeless fuel, for the purpose of the enforce-
ment of this chapter, shall be considered a fuel, the volatile
content of which is twenty per cent (20%) or less on a dry
basis: Provided, that if a fuel contains volatile matter in excess
of twenty per cent (20%) on a dry basis, it shall be acceptable
under the terms of this chapter provided that it meets the
same standards in regard to smoke production as that of a
fuel containing less than twenty per cent (200/0) volatile
matter on a dry basi'S, and subject to the following conditions
in order to ascertain whether or not such standards are met:
Sec. 4-7 (1). Complete plans and specifications for the use
of such fuel must be submitted to the building official,
together with any additional information he may rea-
sonably require regarding the product;
Sec. 4-7(2). An adequate supply of the finished product
must be made available to the building official to
conduct whatever tests he deems necessary to establish
its value as a smokeless solid fuel;
Sec. 4-7(3). Any person whose product is submitted to 'Such
tests must pay in advance all expenses necessary to
the attendant tests;
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AIR POLLUTION
S 4-8
Sec. 4-7 (4). The building official shall be authorized to
publish a list of brands or trade name'S of smokeless
solid fuels as defined under this section, and to compile
and publish from time to time statistics in reference
to the supply, prevailing prices and other pertinent
facts for the guidance of the pubIlc;
Sec. 4-7(5). Provided, that solid fuel having a volatile
content in excess of twenty per cent (20<;10) on a dry
basis but not meeting the conditions hereinabove
enumerated can be used or consumed upon issuance of
a permit of approval by the building official only in
heating devices equipped with appliances which are so
constructed as to insure the complete combustion of
all fuel used and further designed to prevent any and
all air pollution prohibited by this chapter, and which
devices have been previously approved by the building
official. (Code 1960, S 18-206)
Sec. 4-8. Construction, reconstruction, addition, alteration, re-
pair of devices.
No new fuel-burning plants nor reconstruction, repair, ad-
dition or alteration to any existing fuel-hurning plants for
producing power and heat, or either of them, not refuse-
burning equipment, nor any stack or furnace connected with
such fuel or refuse-burning equipment, shall be installed,
erected, reconstructed, repaired, added to or altered in the
city until plans and specifications of the same have been filed
by the owner, contractor, installer or other person in the
office of the building official a'S being so designed that same
can be managed and operated to conform to the provisions
of this chapter, and a permit issued by the building official
for such installation, erection, reconstruction, repair, addition
to or alteration. The building official shall, by appropriate
rules and regulations, require such information on the plans
and specifications of the foregoing as will enable him to make
a determination of whether such construction, reconstruction,
repair, addition or alteration work will conform to the re-
quirements of this chapter or be in violation hereof. If it
appears that such proposed work will not be inconsistent
121
~ 4-8
SALINA CODE
~ 4-11
with the purposes of this chapter, the bllilding official shall
issue the permit; otherwise it shall be denied. Compliance
with this 'Section shall not be deemed to he compliance with
other city requirements with respect to the construction or
repair of buildings. (Code 1960, S 18-207)
Sec. 4-9. Annual inspection, certification of devices.
It shall be the duty of the building official to make an
annual inspection of each fuel-consuming device in operation
within the city to which this chapter applies and to issue a
certificate of inspection to the owner of each such device so
inspected providing it meets the 'Standards established in this
chapter. Such certificate shall be authorization for the con-
tinued operation of fuel-consuming device~. Failure to possess
a proper certificate of inspection shall be considered to be a
violation of this chapter. (Code 1930, S 18-208)
Sec. 4-10. Grace period authorized.
Whenever it has been adequately demonstrated to the build-
ing official that compliance with the terms of this chapter
cannot be effectively and immediately made, the building
official shall have the authority to grant a temporary permit
for the continued operation of such noncomplying equipment,
but only in the event that the party has taken all necessary
steps to secure compliance with this chapter. Such temporary
permit shall be issued for no longer a period than six (6)
months, at the expiration of which period of time, the party
holding such permit shall be deemed to be in violation of the
provisions of this chapter. The fees established in section
4-11 shall not be applicable to the permits authorized by this
section. (Code 1960, S 18-212)
Sec. 4-11. Permit and inspection fees.
The fees to be charged by the building official for the va-
rious permits required herein shall be three dollars ($3.00)
each, with the exception of annual inspection fees, which shall
122
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AIR POLLUTION
be, for the initial inspection, five dollars ($5.00) and for all
subsequent inspections, three dollars ($3.00). (Code 1960,
S 18-214)
Cross reference--Fee for pennits when not obtained on time, ~ 1-11.
Sec. 4-12. Interfering with enforcement.
Any person interfering in any manner or impeding the
performance of duty of the building official shall be deemed
guilty of a misdemeanor. This section shall likewise apply
to the performance of duty of those employees and representa-
tives of the building official. (Code 1960, S 18-211)
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Sec. 4-13. Hearings by building official required.
Any person aggrieved by any ruling rendered by the build-
ing official shall have the right to require the building official
to conduct a full and complete hearing prior to actual and
final decision. Such hearing shall afford the person aggrieved
with a full opportunity to present any evidence which he may
desire to support his position. It shall be the duty of the
building official to promptly notify all parties concerned of
his ruling in such hearings. (Code 1960, S 18-209)
Sec. 4-14. Board of appeals designated; duties, procedures.
The building board of appeals shall act as the board of
appeals under this chapter. The board of appeals may pre-
pare such rules and regulations as may be deemed necessary
for them in the discharge of their duties. They shall decide
all appeals properly before them, and shall either affirm,
modify or overrule the decision of the building official which
they may be called upon to review. On all appeals taken to
the board, appropriate hearings shall be held after due notice
thereof to the parties concerned. All pertinent papers in the
files of the building official shall be made available to the
board in each case. (Code 1960, S 18-210)
Cross reference--For building board of appeals, see ~ 9-1.
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~ 4-14
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Chapter 5
AIRPORT
Sec. 5-1. Authority 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." (Ord. No. 6854, ~ 1, 4-26-65)
Sec. 5-2. Board of directors to manage authority.
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.
( Ord. No. 6854, ~ 2, 4-26-65)
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Sec. 5.3. 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. (Ord. No. 6854, ~ 3,
4-26-65 )
Sec. 5-4. Police power extended over airport.
Sec.5-J,.(1). The police power of the city is hereby extended
to include all territory of the municipal airport.
Sec. 5-1,.(2). The lands included in the municipal airport
shall be deemed to be a part of the corporate limits of the city.
Sec. 5-J,.(3). All general ordinances of the city are hereby
declared to be applicable to the airport. (Code 1960, ~ 3-102)
Cross reference-Police power extended to city property. ~ 1-10.
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Sec. 5-5. Rules and regulations--Adoption and promulgation.
The Salina 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 regulations and amendments thereof, after
SUPp. No.6
149
S 5-5
SALINA CODE
S 5-9
approval by the board of commissioners, shall be filed in the
offices of the city clerk, airport manager and airport author-
ity. (Ord. No. 6991, S 1, 6-5-67)
Amendment note-Ord. No. 6991, ~ 1, amended this Code by adding
~~ 5-5 and 5-6.
Sec. 5.6. Same-Violation.
Any person violating any of the rules and regulations adopt-
ed in accordance with section 5-5 shall be guilty of a misde-
meanor. (Ord. No. 6991, S 1, 6-5-67)
Note-See amendment note following ~ 5-5.
Sec. 5.7. Airport zoning commission-Created.
There is hereby created a commission to be known as the
Salina airport zoning commission. (Ord. No. 7033, S 1,
12-18-67)
Amendment note-Ord. No. 7033, ~ 1, amended this Code by adding
~~ 5-7-5-9.
Sec. 5-8. Same-Number of commissioners; qualifications.
The Salina airport zoning commission shall consist of all
of the members of the city planning commission of the City of
Salina, Kansas, as created in accordance with section 27-1
to section 27-12 of the Salina Code; and that appointment by
the board of commissioners to said city planning commission
shall automatically constitute appointment to the Salina air-
port zoning commission for the same term as provided for
in Article I of Chapter 27 of the Salina Code. (Ord. No. 7033,
S 1, 12-18-67)
Amendment note-See amendment note following ~ 5-7.
Sec. 5-9. Same-Duties.
The Salina airport zoning commission herein created shall
have such powers and duties as specified and provided for
in the Airport Zoning Act of the State of Kansas the same
being Article 7 of Chapter 3 of the Kansas Statutes Annotated
and amendments thereto. (Ord. No. 7033, S 1, 12-18-67)
Amendment note-See amendment note following ~ 5-7.
State law reference-Authority to adopt airport zoning regulations,
K.S.A. 3-701-3-713.
[The next page is 1751
Supp. No.6
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Chapter 6
ALCOHOLIC BEVERAGES*
Art. I. Alcoholic Liquor, ~~ 6-1-6-34
Art. IL Cereal Malt Beverages, ~~ 6-35-6-78
Art. III. Class B Clubs, ~~ 6-79-6-88
Article I. Alcoholic Liquor
Sec. 6-1. 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.
Sec. 6-1 (1). Alcohol means the product of distillation of
any fermented liquid, whether rectified or diluted', whatever
may be the origin thereof, and includes synthetic ethyl alcohol,
but does not include denatured alcohol or wood alcohol.
Sec. 6-1(2). Alcoholic liquor includes the four (4) varieties
of liquor as defined herein, namely alcohol, spirits, wine and
beer, and every liquid or solid, patented or not, containing
alcohol, spirits, wine or beer, and' capable of being consumed
as a beverage by a human being, but shall not include any
beer or cereal malt beverage containing not more than three
and two-tenths per cent (3.2%) of alcohol by weight.
Sec. 6-1 (3). Beer, when its meaning is not enlarged, modi-
fied or limited by other words, means a beverage, containing
more than three and two-tenths per cent (3.2%) of alcohol
by weight, obtained by alcohol fermentation of an infusion or
concoction of barley, or other grain, malt and hops in water,
and includes, among other things, beer, ale, stout, lager beer,
porter and the like having such alcoholic content.
Sec. 6-1 (.4). Distributor means the person, as hereinafter
defined, importing or causing to be imported into the state,
*Cross references-Permitting alcoholic beverages in pool and billiard
halls prohibited, ~ 7-75; driving while intoxicated, ~ 22-67; drunkenness
prohibited, ~ 23-110; warrants to search for alcoholic beverages, ~ 29-8;
using taxicabs to transport liquor, ~ 34-81.
State law reference--F'or intoxicating liquors and beverages generally,
see K.S.A. Ch. 41.
175
~ 6-1
SALINA CODE
~ 6-1
or purchasing or causing to be purchased within the state,
alcoholic liquor for sale of resale to retailers under the pro-
visions of the Kansas Liquor Control Act, being KS.A.
Chapter 41, Articles 1 through 11.
Sec. 6-1 (5). Manufactur(') means to distill, rectify, ferment,
brew, make, mix, concoct, process, blend, bottle or fill an
original package with any alcoholic liquor, or with beer re-
gardless of its alcoholic content, and includes blending.
Sec. 6-1 (6). Manufacturer means every brewer, fermenter,
distiller, rectifier, wine maker, blender, processor, bottler or
person who fills or refiUs an original package and others
engaged in brewing, fermenting, distilling, rectifying or bot-
tling alcoholic liquors as above defined or beer regardless of
its alcoholic content, under the provisions of the Kansas
Liquor Control Act, being KS.A. Chapter 41, Articles 1
through 11.
Sec. 6-1 (7). N onbeverage user means every manufacturer
of any of the products set forth in KS.A. 41-501, when the
'Same contains alcohol or wine, and all laboratories using
alcohol for nonbeverage purposes.
Sec. 6-1 (8). Original package means any bottle, flask, jug,
can, cask, barrel, keg, hogshead or other receptacle or con-
tainer whatsoever, used, ,corked or capped, sealed and labeled
by the manufacturer of alcoholic 1iquor, to contain and to
convey any alcoholic liquor.
Sec. 6-1 (9). Person includes any natural person, corpora-
tion, partnership or association.
Sec. 6-1 (10). Reta'iler means a person licensed under the
provisions of the Kansas Liquor Control Act, being K.S.A.
Chapter 41, Articles 1 through 11, who sells, or offers for
sale, alcoholic liquors for use and consumption and not for
resale in any form.
Sec. 6-1 (11). Sale means any transfer, exchange or barter
in any manner or by any means whatsoever for a considera-
tion, and includes and means all sales made by any person,
whether principal, proprietor, agent, servant or employee.
176
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ALCOHOLIC BEVERAGES
Sec. 6-1 (12). Sell at retail and sale at retail refer to and
mean sales for use or consumption and not for resale in any
form.
Sec. 6-1 (13). Spirits means any beverage which contains
alcohol obtained by distillation, mixed with water or other
substances in solution, and includes brandy, rum, whi'Skey,
gin, or other spirito us liquors, and such liquors when rectified,
blended or otherwise mixed with alcohol or other substances.
Sec. 6-1 (14). To sell includes to solicit or receive an order
for, to keep or expose for sale and to keep with intent to sell.
Sec. 6-1 (15). Wine means any alcoholic beverage obtained
by the normal alcoholic fermentation of the juice of sound,
ripe grapes, fruits or berries, or other agricultural products,
including such beverages containing added alcohol or spirits,
as above defined, or containing sugar added for the purpose
of correcting natural deficiencies. (Code 1960, ~ 6-101)
State law reference-For similar provisions, see K.S.A. 41-102.
Sec. 6-2. Manufacturers to be licensed by state; exception.
No person shall manufacture, make, brew or distill any
alcoholic liquor within the corporate limits of the city unless
such person shall be licensed therefor under the provisions of
the Kansas Liquor Control Act, being K.S.A. Chapter 41,
Articles 1 through 11: Provided that nothing contained herein
shall apply to or prevent:
Sec. 6-2(1). The making of wine, cider or beer by a person
from fruits, vegetables or grains, or the products
thereof by simple fermentation and without distillation,
if it is made 'Solely for the purpose of use by the maker
and his family.
Sec. 6-2(2). Any drug store employing a licensed pharma-
cist from possessing and using alcoholic liquor in the
compounding of prescriptions of duly licensed physi-
cians.
Sec. 6-2(3). The manufacture of denatured alcoholic prod-
ucts in accordance with acts of congres''3 and regula-
tions promulgated thereunder.
177
~ 6-2
~ 6-2
SALINA CODE
~ 6-6
Sec. 6-2 ( 4). The making of wine intended for use and used
by any church or religious organization for sacra-
mental purposes. (Code 1960, S 6-102)
Sec. 6-3. 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 per cent (3.29'0) of alcohol
by weight) for consumption off the premises (sales in the
original 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 1960, S 6-103)
State law referenc_For authority to levy retailer's license tax, see
K.S.A. 41-310.
Sec. 6-4. State retailer's license required.
No alcoholic liquor shall be sold at retail by any person
within the corporate limits of the city unless such persons
shall be licensed therefor under the provisions of the Kansas
Liquor Control Act, being KS.A. Chapter 41, Articles 1 through
11. (Code 1960, S 6-106)
Sec. 6-5. State retailer's license prerequisite to city license.
A holder of a license for the retail sale of alcoholic 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 6-3 and the
tax shall be received and receipt issued for the period covered
by the state license by the city clerk. (Code 1960, S 6-104)
Sec. 6-6. Penalty for failure to have city retailer's license.
Any person, copartnership or association having a state
license to retail alcoholic liquor by the package who shall fail
to pay the license tax levied by section 0-3 and within the
time prescribed shall, upon conviction thereof, be fined not
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ALCOHOLIC BEVERAGES
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 1960, S 6-105)
Sec. 6-7. Days, hours when retail sale prohibited.
No person shall sell at retail any alcoholic liquor within the
corporate limits of the city:
Sec. 6-7(1). On the day of any national, state, county or
city election, inclUding primary elections, during the
hours the polls are open;
Sec. 6-7(2). On the first day of the week, commonly called
:sunday;
Sec. 6-7(3). On Decoration or Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas
Day;
Sec. 6-7(.4-). Before 9 :00 a.m. or after 10 :00 p.m. on any
day when sale is permitted. (Code 1960, ~ 6-106; Ord.
No. 8345, ~ 1, 4-8-74)
State law reference-For similar provisions, see K.S.A. 41-712.
Sec. 6-8. Mixing drinks on retailer's premises prohibited.
It shall be unlawful for a retailer of alcoholic liquor to
permit any person to mix drinks on or in the licensed prem-
ises. (Code 1960, S 6-107)
State law reference-For similar provisions, see K.S.A. 41-713.
Sec. 6-9. Retailer employing minors prohibited.
It shaH be unlawful for a retailer of alcoholic liquor to
employ any person under the age of twenty-one (21) years
in connection with the operation of such retail establishment.
(Code 1960, S 6-107)
State law reference-For similar provisions, see K.S.A. 41-713.
See. 6-10. Retailer employing felon prohibited.
It shall be unlawful for a retailer of alcoholic liquor to
employ any person in connection with the operation of such
retail establishment who has been adjudged guilty of a felony.
(Code 1960, S 6-107)
State law reference-For similar provisions. see K.S.A. 41-713.
Supp. No. 18
179
~ 6-<10
~ 6-11
SALINA CODE
~ 6-15
See. 6-11. Entertainment in retail premises prohibited.
it shall be unlawful for a retailer of alcoholic liquor, other
than a duly licensed club, to furnish any entertainment in
his premises or permit any pinball machine or game of skill
or chance to be located in or on such premises. (Code 1960,
S 6-1(7)
Sec. 6-12. Minors misrepresenting age.
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. (Code 1960,
S 6-10~)
State law reference-For similar proviaiona, see K.S.A. 41-715.
Sec. 6-12.1. Sale to minors prohibited.
No person shall knowingly or unlmowingly sell, give away,
or dispose of, exchange or deliver, or permit the sale, gift
or procuring any alcoholic liquors for or to any minor. (Ord.
No. 6953, ~ 1, 1-30-67)
Amendment note-Ord. No. 6953, ~ 1, adopted Jan. 30, 1967, amended
this Code by addilng ~ 6-12.1.
See. 6-13. Purchases by minors prohibited.
No minor shall attempt to purchase or purchase alcoholic
liquor from any person. (Code 1960, ~ 6-108)
State law reference-For similar proviaiOOl8, see K.S.A. 41-'2115.
See. 6-14. p~ion by minors prohibited.
No minor shall possess alcoholic liquor. (Code 1960, ~ 6-108)
Sec. 6-15. Furnishing to incapacitated persons.
No person shall lmowingly sell, give away, dispose of, ex-
change or deliver, or permit the sale, gift or procuring of
any alcoholic liquor to or for any person who is an incapaci-
tated person, or any person who is physically or mentally
incapacitated by the consumption of such liquor. (Code 1960,
~ 6-10~)
State law reference-For similar provisions, see K.S.A. 41-715.
Supp. No. 18
180
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~ 6-16
ALCOHOLIC BEVERAGES
* 6-16
Sec. 6-16. Penalty for violating sections 6-12 through 6-15.
Any person violating any of the provisions of sections 6-12
through 6-15 shall be punished by a fine of not more than one
hundred dollars ($100.00), or by iimprisonment for not to
exceed thirty (30) days, or by both such fine and imprison-
ment. (Code 1960, S 6-108)
State law reference-For similar provisions, see K.S.A. 41-715.
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Supp. N'l. 2
180.1
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~ 6-17
ALCOHOLIC BEVERAGES
Sec. 6-17. Sale to be only in original packages.
No person, except a manufacturer, distributor or whole-
saler, 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
bottles, cask or other containers containing alcoholic liquor,
except in original packages. (Code 1960, S 6-109)
State law reference-For similar provisions, see KS.A. 41-718.
Sec. 6-18. Distributor's license tax levied.
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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 prem-
ises 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 said tax shall be paid
within ten (10) days after the issuance of any license unto
any such distributor, or any renewal of a license issued unto
such distributor by the state director of alcoholic beverage
control. (Code 1960, S 6-110)
State law reference--For state license tax, see KS.A. 41-310.
Sec. 6-19. State distributor's license prerequisite to city li-
cense.
The holder of a license as an alcoholic liquor distributor
issued by the state director of alcoholic beverage control shall
present such license when applying to pay the license tax
levied in section 6-18 and the tax shall be received and a
receipt i'ssued for the period covered by the state license.
(Code 1960, S 6-111)
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Sec. 6-20. Penalty for violations by distributors.
Any firm, copartnership, association or corporation having
a state license as an alcoholic liquor distributor. which shall
fail to pay a license tax herein levied and within the time
prescribed hereunder, or who shall violate any other provision
of this article shall, upon conviction thereof, be fined not more
181
~ 6-20
~ 6-20
SALIN A CODE
~ 6-21
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
authorized by law. (Code 1960, 9 6-112)
Sec. 6-21. Possession, transportation regulated.
Subject to the limitations hereinafter provided, the pos-
session and transportation of alcoholic liquor for personal
use only shall be legal:
Sec. 6-21 (1). Transporting. It shall be unlawful for any
person to transport in any vehicle upon a public high-
way, street or alley, within the corporate limits of the
city, any alcoholic liquor, except in the original package
or container which shall not have been opened and the
seal upon which shall not have been broken 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 vehicle while
it is in motion. Any person violating this section shall
be deemed guilty of a misdemeanor, and upon con-
viction thereof, shall be punished by a fine of not
more than two hundred dollars ($200.00), or by im-
prisonment for not more than six (6) months or by
both such fine and imprisonment.
Sec. 6-21 (2). Possessing. It shall be unlawful for any person
to have in his possession any cask or package of alco-
holic liquor without having thereon each mark and
stamp required by the Kansas Liquor Control Act,
being KS.A. Chapter 41, Articles 1 through 11: Pro-
vided, that nothing herein contained shall apply to
the possession and transportation of alcoholic liquors
by any manufacturer, wholesaler, distributor, retailer,
nonbeverage user or common carrier operating pur-
suant to the provisions of the Kansas Liquor Control
Act, being KS.A. Chapter 41, Articles 1 through 11,
or to the possession and transportation of wine im-
182
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~ 6-21
ALCOHOLIC BEVERAGES
ported solely for use by any church or religious organi-
zation for sacramental purposes and uses. (Code 1960,
S 6-113)
State law reference-Similar provisions, K.S.A. 41-804 and 41-407.
Sec. 6-22. Consuming in public places.
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Within the corporate limits of the city, it shall be unlawful
for any person to drink or consume alcoholic liquor Upon the
public streets, alleys, roads or highways, or in beer parlors,
taverns, pool halls, or places to which the general public ha~
access, whether or not an admission or other fee is charged 01'
collected, or upon property owned by the state or other gov-
ernmental subdivision thereof, or inside vehicles while upon
the public streets, alleys, roads or highways; provided how-
ever, the limitation aforesaid shall not apply to real property
leased by the city to others under the provisions of Sections
12-1740 to 12-1749, inclusive of the Kansas Statutes Anno-
tated. (Code 1960, S 6-114; Ord. No. 7049, S 1,3-18-68)
Amendment note-Ord. No. 7047, ~ 1, amended ~ 6-22 by add inS! the
proviso concerning real property leased by the city and by deletinS! the
penalty provision providinS! a fine of between $50.00 and $200.00 or
imprisonment for not more than 6 months, or both, for vio1ations.
State law reference-Similar provisions. K.S.A. 41-719.
Sec. 6-23. Open saloons prohibited.
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It shall be unlawful for any person to own, maintain, oper-
ate 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 plac~, public
or private, where alcoholic liquor is sold or offered for sale
or kept for sale by the drink or in any quantity of l~ss than
one-half (1;2) pint, or sold, offered for sale, or kept for
'Sale for consumption on the premises where sold. Any person
violating the provisions of this section shall be dee.med 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 1960, S 6-115)
State law reference-Similar provisions. K.S.A. 41-803.
suPp. No.6
183
~ 6-23
~ 6-24
SALINA CODE
~ 6-24
Sec. 6-24. Exceptions.
Sec. 6-24(1). Nothing contained in this article shall prevent:
(a) The making of wine, cider or beer by a person from
fruits, vegetables or grains, or the product thereof,
by a simple fermentation and without distillation, if
it is made solely for the use of the maker and his
family.
(b) Any duly licensed practicing physician or dentist from
possessing or using alcoholic liquor in the strict practice
of his profession.
(c) Any hospital of other institution caring for the sick
and diseased persons, from possessing and using alco-
holic liquor for the treatment of bona fide patients of
such hospital or institution.
(d) Any drugstore employing a licensed pharmacist from
possessing and using alcoholic liquor in the compound-
ing of prescriptions of duly licensed physicians.
(e) The possession and dispensation of wine by an author-
ized representative of any church for the purpose of
conducting any bona fide rite or religious ceremony
conducted by such church.
(f) The possession and transportation of alcoholic liquor
for the personal use of the possessor, his family and
guests except that the provisions of section 6-21 of
this article shall be applicable to all persons.
Sec. 6-24(2). None of the provisions of this article shall
apply:
(a) To flavoring extracts, syrups, or medicinal, mechanical,
scientific, culinary or toilet preparations, or food
products unfit for beverage purposes, but the pro-
visions of this article shall not be construed to exclude
or not apply to alcoholic liquor used in the manufacture,
preparation or compounding of such preparations and
products.
(b) To wine intended for use and used by any church or
religious organization for sacramental purposes.
Supp. No.6
184
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~ u-24
ALCOHOLIC BEVERAGES
~ 6-35
(c) To the manufacture of denatured alcohol produced in
accordance with acts of congress and regulations pro-
mulgated thereunder. (Code 1960, ~ 6-116)
State law reference-For similar provisions, see K.S.A. 41-104, 41-105.
Sec. 6-25. Consuming in the Salina Bicentennial Center.
It shall be lawful to drink, or consume, alcoholic liquor
within the confines of the Salina Bicentennial Center. (Ord.
No. 8679, ~ 1, 12-11-78)
Sec. 6-26. Salina Bicentennial Authority to adopt rules.
The Salina Bicentennial Authority is hereby authorized to
adopt rules and regulations pertaining to the drinking or con-
sumption of alcoholic liquor within the Salina Bicentennial
Center. (Ord. No. 8679, ~ 2, 12-11-78)
Sees. 6-27-6-34. Reserved.
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ARTICLE II. CEREAL MALT BEVERAGES
Sec. 6-35. Definitions.
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As used in this article, the words and phrases herein de-
fined shall have the following meanings unless the context
otherwise requires:
Sec. 6-35(1). Cereal malt beverages shall include any fer-
mented but undistiIIed liquor brewed or made from
malt or from a mixture of malt and/or malt substitute
but shall not include any such liquor which contains
more than three and two-tenths per cent (3.2%) of
alcohol by weight.
Sec. 6-3.5(2). General retailer is a licensee who has a license
to retail cereal malt beverages in bottles, original and
unbroken cases, and from kegs or in kegs lots.
Sec. 6-35(3). Licensee is a person who has a license as
herein required.
Sec. 6-35 (4). Pe'rson shall include individuals, firms, co-
partnerships, corporations and associations.
Supp. No: 24 185
~ 6-35
SALINA CODE
~ 6-37
Sec. 6-35 (5). Place of business shall mean any place at
which cereal malt beverages are sold.
Sec. 6-35(6). Retailer for consumption off premises is a
licensee who has a license to sell at retail cereal malt
beverages in original and unopened containers and not
for consumption on the premises.
Sec. 6-35 (7). Sale at J'etail and retail sale mean sales for
use or consumption and not for resale in any form.
Sec. 6-35(8). Wholesale?' or dist1'ib1do'/' shall mean indi-
viduals, firms, copartnerships, corporations and asso-
ciations which sell or offer for sale any beverage re-
ferred to in this article, to persons, copartnerships,
corporations and associations authorized by this article
to sell cereal malt beverages at retail. (Code 1960,
~ 6-201)
State law reference-For similar provisions. see K.S.A. 41-2701.
Sec. 6-36. Retailers to be licensed; scope of licenses.
No person shall sell any cereal malt beverage at retail with-
out 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
retailer for consumption off the premises as designated in
this article shall not sell any such beverage in any other
manner, and a person having only a license to sell cereal malt
beverages as a general retailer shall not sell any such beverage
in any other manner than that covered by such license: Pro-
vided, that a general retailer may also secure a license as a
retailer for consumption off the premises on complying with
the requirements of this article and securing an additional
license as a retailer for consumption off the premises. (Code
1960, ~ 6-202)
Sec. 6-37. Retail license fee established.
There are hereby prescribed retail license fees as follows:
Sec. 6-37 (1). General retailer for each place of business,
one hundred fifty-five dollars ($155.00) per calendar
year.
Supp. No. 24
186
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~ 6-37
ALCOHOLIC BEVERAGES
~ 6-38
Sec. 6-97(2). Retailer for cOfI,8umption off the premises for
each place of business, eighty dollars ($80.00) per cal-
endar year. (Code 1960, ~ 6-203; Ord. No. 7022, ~ 1,
11-27-67; Ord. No. 8426, ~ 1,4-14-75)
State law reference-For state license fees. see K.S.A. 41-2'702.
Sec. 6-38. Partial fees prohibited; retail license for part of
year.
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 hereunder is made and the licensee shall only
be authorized to operate under the license for the remainder
of the calendar year in which the licenHe is issued. (Code
1960, S 6-203)
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Supp. No. 24
, 186.1
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~ 6-39
ALCOHOLIC BEVERAGES
~ 6-40
Sec. 6-39. Application for retail license required.
Any person desiring a retail license shall make application
to the board of commissioners of the city and accompany the
application with the required license fee for each place of
business for which the person desires the license. The appli-
cation shall be verified, and upon a form prepared by the
Attorney General of the State of Kansas, and shall contain
such information as the board of commissioners of the city
may require which shall include the following:
Sec. 6-39(1). The name and residence of the applicant and
how long he has resided within the State of Kansas;
Sec. 6-39(2). The particular place for which a license is
desired;
Sec. 6-39(3). The name of the owner of the premises upon
which the place of business is located;
Sec. 6-39(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
turpitude, or been adjudged guilty of drunkenness, or
driving a motor vehicle while under the influence of
intoxicating liquor or the violation of any other intoxi-
cating liquor law of any state or of the United States.
Each such application, in case the applicant is a corpora-
tion, shall be accompanied by affidavits executed by each
officer, director, and stockholder owning in the aggregate
more than twenty-five per cent (25%) of the corporation's
stock, and of the manager of such business, containing the
same information as hereinabove required of an individual
applicant, and in case the applicant is a partnership, firm
or association, the application shall be accompanied by affi-
davits duly executed by each member of such firm, copartner-
ship or association, and of the manager of such business,
containing the same information. (Code 1960, ~ 6-204)
Sec. 6-40. Examination, investigation of application for retail
license.
If the application for a retail license is in proper form and
accompanied by cash in the amount of the license fee and
Supp. No.8
187
~ 6-40
SALINA CODE
~ 6-42
the required affidavits, the board of commISSIOners of the
city shall examine the application and affidavits, and after
such examination, the board of commissioners of the city shall
refer such application to the chief of police for further investi-
refer such application to the chief of police for further investi-
gation and report if they deem such additional investigation
necessary. (Code 1960, ~ 6-205)
Sec. 6-41. Issuance of retail license.
If the board of commissioners with or without such investi-
gation of the chief of police shall find the applicant to be
qualified as provided by law, the board of commissioners shall
authorize a license to the applicant and direct the city clerk
to issue a retail license to the applicant. (Code 1960, ~ 6-205)
State law reference-Similar provisions, K.S.A. 41-2703.
Sec. 6-42. Persons not entitled to retail license.
No retail license required by this article shall be issued to:
Sec. 6-42(1). A person who is not a resident of the city and
who has not been a resident in good faith of the State
of Kansas for at least one (1) year prior to said
application and a resident of Saline County for at least
six (6) months prior to said application.
Sec. 6-42(2). A person who is not of good character and
reputation in the community in which he resides;
Sec. 6-42(3). A person who is not a citizen of the United
States;
Sec. 6-42(4). A person who within two (2) years imme-
diately preceding the date of making application has
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 violation of any other intoxi-
cating liquor law of any state or of the United States;
Sec. 6-42(5). A copartnership, unless one of the copartners
is a resident of the city, and unless all the members of
such copartnership shall otherwise be qualified to ob-
tain a license;
SUPl>. No.8
188
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A 6-42
ALCOHOLIC BEVERAGEs
A 6-45
Sec. 6-J,.2(6). A corporation, if any manager, officer or di-
rector thereof or any stockholder owning in the aggre-
gate more than twenty-five per cent (25 %) of the
stock of such corporation, would be inelegible to receive
a license hereunder for any reason other than non-
residence within the city;
Sec. 6-J,.2(7). A person whose place of business is conducted
by a manager or agent unless said manager or agent
possesses the same qualifications required by the li-
censee. (Code 1960, ~ 6-205; Ord. No. 8048, ~~ 1, 2,
10-6-69)
State law reference-For similar provisions, see K.S.A. 41-2703.
Sec. 6-43. Retail license 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 1960, ~ 6-205)
Sec. 6-44. 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 1960, ~ 6-206)
Sec. 6-45. Transferability of retail license.
Sec. 6 -J,.5 (a). The retail license required by this article
shaH not be transferable under any circumstances from one
person to another or from or to :lny firm, copartnership,
corporation or association.
Sec. 6-J,.5 (b). The retail license required by this article
shall apply only to the premises described in the application
and in the Ucense 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 location to
another until the city clerk shall upon being authorized
Supp. No. 16
189
f 6-45
SALINA CODE
fi 6-47
by the board of commissioners endorse upon the license
permission to transfer the same to another location, but in
order to obtain 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 respects with the requirements of this act. No such
removal shaH be made by any licensee until his said license
has been endorsed to that effect by the city clerk.
Sec. 6-45 (c). A retail license to sell cereal malt beverages
shall be purely a personal privilege, expiring on the 31~t day
of December in the year issued, unless sooner suspended or
revoked, as in this act provided, and shall not constitute
property, nor shan it be subject to attachment, garnishment,
or execution, nor shall it be alienable or transferable, volun-
tarily or involuntarily, except as stated in (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.
Sec. 6-45 (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 1960, ~ 6-206; Ord.
No. 8258. S 1, 11-13-72)
Sec. 6-46. 'Retail license to be posted.
The retail license required by this article shall be kept
posted in a conspicuous place in the place of business. (Code
1960, ~ 6-206)
Sec. 6-47. 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
Supp. No. 16
190
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f 6-47
ALCOHOLIC BEVERAGES
~ 6-52
calendar year for which it is issued, and that it is subject
to revocation in the manner provided by law and by this
article. (Code 1960, ~ 6-206)
Sec. 6-48. Hours, days sales and COIlSumption prohibited.
No cereal malt beverages may be sold, or may be consumed
in any place 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 including primary
elections, during the hours the polls are open, within the
political area in which such election is held. (Code 1960,
~ 6-207; Ord. No. 6694, ~ I, 3-26-63)
State laW' reference-Similar provisions, K.S.A. 41-2704.
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Sec. 6-49. Consuming in public streets.
Within the corporate limits of the ci'ty, it shall be unlawful
to drink or consume cereal malt beverages upon the public
streets, alleys, roadways or highways, or inside any vehicle
while upon the public streets, alleys, roads, or highways.
(Ord. No. 7046, ~ 1, 3-18-68)
Sec. 6-50. Reserved.
Editor's note-Ord. No. 8439, ~ 1, enacted June 16, 1975, repealed
~ 6-50 relative to private rooms and closed booths in places of business
selling cereal malt beverages for consumption on the premises. Said
section was derived from Code 1960, ~ 6-207; Ord. No. 6695, ~ 1, adopted
March 26, 1963; and Ord. No. 8138, ~ 1, adopted Jan. 18, 1971.
Sec. 6-51. Place of business to be open to public and police.
A place of business in which cereal malt beverages are sold
shall be open to the public and to the police at all times during
business hours; provided that a premises licensed as a club
under a license issued by the state director of alcoholic bev-
erage control need only be open to the police. (Code 1960, ~
6-207; Ord. No. 6694, ~ 1,3-26-63; Ord. No. 8139, ~ 1, 1-18-71)
State law reference-Similar provisions, K.S.A. 41-2704.
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Sec. 6-52. Possessing alcoholic liquor in premises.
No person shall have any alcoholic liquor in his possession
while in a place of business where cereal malt beverages are
Supp. No. 24 191
~ 6-52
SALINA CODE
~ 6-56
sold unless the premises are currently licensed as a club.
(Code 1960, ~ 207; Ord. No. 6694, ~ 1, 3-26-63)
State law reference-Similar provisions. K.S.A. 41-2704.
Sec. 6-53. 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 1960,
~ 6-207; Ord. No. 6694, ~ 1, 3-26-63)
State law reference-Similar provisions, K.S.A. 41-2704.
Sec. 6-54. Misrepresenting age.
No person under the age of eighteen (18) years shall repre-
sent 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 1960, ~ 6-207; Ord. No. 6694, ~ 1, 3-26-63)
State law reference-Similar provisions. K.S.A. 41-2704.
Sec. 6-55. Loitering by persons under eighteen.
No person under the age of eighteen (18) years shall enter
into or loiter about any place of business 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 of Salina, Kansas, for the current
year, or the Salina Bicentennial Center. (Code 1960, ~ 6-207;
Ord. No. 6694, ~ 1, 3-26-63; Ord. No. 8153, ~~ 1, 2, 3-29-71;
Ord. No. 8713, ~ 1,5-14-79)
Sec. 6-56. Revocation of licenses authorized; notice; grounds.
The board of commissioners of the city, upon five (5) days'
notice to persons holding any such license, shall revoke such
licenses for anyone of the following reasons:
Sec. 6-56(1). If a licensee has fraudulently obtained the
license by giving false information in the application
therefor.
Supp. No. 24 192
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~ 6-56
ALCOHOLIC BEVERAGES
~ 6-56
Sec. 6-56(2). If the licensee has violated any of the pro-
visions of K.S.A. Chapter 41, Article 27, or of this
article or any other ordinance of the city prescribing
rules or regulations relating to cereal malt beverages
as herein defined.
Sec. 6-56(3). If the licensee has become ineligible to obtain
a license.
Sec. 6-56 ( 4). Drunkenness of the person holding such li-
cense or permitting an intoxicated person to remain
in such place.
Sec. 6-56(5). The sale of cereal malt beverages to those
under the age of eighteen (18) years.
Sec. 6-56 (6). The nonpayment of any license fees.
Sec. 6-56(7). For permitting any gambling in or upon
such premises.
Sec. 6-56(8). For permitting any person to mix drinks with
materials purchased in said place of business or
brought in for this purpose, provided that this pro-
vision shall not apply if such place of business or prem-
ises are also currently licensed as a club.
Sec. 6-56(9). For the employment of persons under eighteen
(18) years of age in dispensing cereal malt beverages.
Sec. 6-56(10). For the employment of persons who have been
adjudged guilty of felony or of any violation of the
intoxicating liquor law.
Sec. 6-56(11). For purchasing or displaying a federal retail
liquor tax stamp, expiring after June 30, 1937, issued
by the United States Treasury Department, except
where issued for industrial, mechanical, scientific and
medicinal purposes.
Sec. 6-56(12). If any licensee whose principal business is
the sale of cereal malt beverages or "tap beer" shall
permit any person or persons under the age of eighteen
(18) years to enter into or loiter about his place of
business: Provided, that said licensee shall cause a
sign to be displayed at all times in a prominent place
at or near the entrance to his place of business 'Stating
Supp. No. 20
193
~ 6-56
SALINA CODE
~ 6-60
that no person under the age of eighteen (18) years
shall be permitted on said premises.
Sec. 6-56(19). For the sale or possession of or for per-
mitting any person to use or consume upon or in said
premises alcoholic liquor as defined by the laws of the
State of Kansas relating thereto, provided that this
provision shall not apply if such place of business or
premises are also currently licensed as a club. (Code
1960, ~ 6-209)
State law referen~For similar provisiona, see K.S.A. 41-2708.
Sec. 6-57. Committing act that is grounds for revocation pro-
hibited.
It is hereby made unlawful for any person to commit any
act which is made a cause for the revocation of any license.
(Code 1960, A 6-209)
Sec. 6-58. Appeal from revocation.
Within twenty (20) days after the order of the board re-
voking any license, the licensee may appeal to the district
court of the county in the manner as now provided by law
in appeals from the probate court: Provided, that any appeal
taken from an order revoking any such license shall not sus-
pend the order of revocation during the pendency of the
appeal. (Code 1960, ~ 6-209)
State law reference-For simliar provisiona, see K.S.A. 41-2708.
Sec. 6-59. Re-liceBSing after revocation.
In case of the revocation of the license of any licensee, no
new license shall be issued to such person or persons 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 district
court of the county on appeal. (Code 1960, ~ 6-208)
State law reference-For simliar provisions, see K.S.A. 41-2708.
Sec. 6-60. Samples for analysis.
Every licensee shall, upon demand of any police officer or
any other officer of the city, furnish to any such officer
Supp. No. 20
194
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ALCOHOLIC BEVERAGES
~ 6-62
~ 6-60
without compensation at least two (2) samples of each and
every kind of character 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 1960,
~ 6-210)
Sees. 6-61-6-61.1. Reserved.
Editor'. note--Sections 6-61 and 6-61.1, relative to location and visi-
bility of premises and dancing in places of business where cereal malt
beverages are sold, were repealed by Ord. No. 8439, ~ 1, enacted June
16, 1975. Said sections were derived from Code 1960, ~ 6-211; Ord. No.
8140, ~ 1, adopted Jan. 18, 1971; and Ord. No. 8141, ~ 1, adopted Jan.
18, 1971.
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Sec. 6-62. Inspection of premises.
All premises where any business is conducted under any
license issued pursuant to this article shall be open for in-
spection 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
pertaining to the same which may be required by any such
officer. (Code 1960, ~ 6-212)
.
Supp. No. 20
194.1
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~ 6-63
ALCOHOLIC BEVERAGES
~ 6-66
Sec. 6-63. Intoxication and disorderly conduct.
No licensee shall sell or use or give away or permit the
sale or use or giving away within or npon 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 permit
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 said premises, at any time, shall be
deemed to be conclusive evidence that such intoxicated person
is there, or that such disorderly conduct exists, with the per-
mission of such licensee. (Code 1960, S 6-214)
Cross reference-Disorderly conduct generally, ~ 23-107.
Sec. 6-64. License application constitutes acceptance of reg-
ulations.
Every person shall by his application for a license under
this article and by the acceptance thereof when issued, be
deemed to have specifically 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 manner of sale of any such bever-
ages. (Code 1960, S 6-215)
Sec. 6-65. Licensee responsible for acts of employees.
Every person to whom any license is issued under this ar-
ticle shall be responsible for the ads 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 act of the licensee for all of the
purposes of this article. (Code 1960, S 6-216)
Sec. 6-66. General cleanliness and sanitation.
Every place of business licensed unded this article and all
equipment used in connection with the sale of cereal malt
beverages and all persons employed in such places of business
195
~ 6-66
SALINA CODE
~ 6-67
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 disease. (Code 1960, S 6-217)
Sec. 6-67. Relationship of retailer to manufacturer, distribu-
tor, wholesaler.
No manufacturer, distributor, agent or wholesaler shall,
directly or indirectly, sell, supply, furnish, give or pay for,
or loan or lease, any furnishings, fixture or equipment on the
premises of a place of business of a licensee authorized under
this article to sell cereal malt beverages at retail, nor shall
he, directly or indirectly, pay for any such license, or advance,
furnish, lend or give money for payment of such license, or
purchase or become the owner of any note, mortgage or other
evidence of indebtedness of such licensee or any form of se-
curity therefor, nor shall such manufacturer, distributor or
wholesaler, directly or indirectly, be interested in the owner-
ship, conduct or operation of the business of any such licensee
nor shall any manufacturer, distributor or wholesaler be in-
terested, directly or indirectly, or as owner or part owner of
said premises or as lessee or lessor thereof, in any premises
upon which cereal malt beverages are sold at retail. No manu-
facturer, distributor or wholesaler, shall, directly or indirectly,
or through a subsidiary or affiliate, or by any officer, director,
or member or firm of such manufacturer, distributor or whole-
saler, furnish, give, lend or rent any interior decorations other
than signs, costing in the aggregate more than one hundred
dollars ($100.00) in anyone calendar year for use in or about
or in connection with anyone establishment on which prod-
ucts of the manufacturer, distributor or wholesaler are 'Sold.
No person engaged in the business of manufacturing, dis-
tribution 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.
Any licensee who shall permit or assent, or be a party in any
way to any violation or infring2ment of the provisions of this
section shall be deemed guilty of a violation of this article.
196
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~ 6-67
ALCOHOLIC BEVERAGES
~ 6-80
No wholesaler or distributor shall sell any cereal malt bev-
erage to any person who has not secured a license as provided
for in the article. (Code 1960, S 6-218)
State law reference--For similar provisions, see K.S.A. 41-2705.
Sec. 6-68. Wholesalers, distributors to be licensed by state.
It shall be unlawful for any wholesaler and/or distributor,
his or its agents or employees, to sell and'jor deliver cereal
malt beverages within this city to persons authorized under
this article to sell the same within the city unless 'Such whole-
saler and/or distributor has first secured a license from the
director of revenue of the State of Kansas authorizing such
sales. (Code 1960, S 6-219)
Sees. 6-69-6-78. Reserved.
Article III. Class B Clubs"F
Sec. 6-79. License required.
It shall be unlawful for any individual, firm, copartner-
ship, corporation or association, either ad principal, officer,
agent, servant or employee, to conduct, pursue, carryon and
operate in the city a class B club as defined by the laws of
the State of Kansas without having first paid to the city clerk
the license fee hereinafter provided and having procured a li-
cense from the governing body of the city. (Code 1960, S 6-301;
Ord. No. 6871, 8-9-65)
State law reference--Class B clubs defined, K.S.A. 41-2601(a) (3).
Sec. 6-80. License tax levied; when must be paid.
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 or the state li-
cense; provided, however, that any class B club in existence
*State law reference-Licensing and regulation of clubs, K.S.A. Ch.
41, Art. 26.
197
~ 6-80
SALINA CODE
!i 6-84
on August 12, 1965, shall have ten (10) days from said date
to secure license hereunder. (Code 1960, S 6-302; Ord. No.
6871, 8-9-65)
Sec. 6.81. Applicant to have state license.
A holder of a license for a class B cluh in the city issued
by the state director of alcoholic beverage control shall pre-
sent such license when applying to pay the license tax levied
in section 6-80 and the tax shall be received and receipt issued
for the period covered by the state license by the city clerk.
(Code 1960, S 6-303; Ord. No. 6871, 8-9-65)
Sec. 6-82. Application for license required.
Any person desiring a license hereunder shall make appli-
cation to the board of commissioners of the city and accompany
the application with the required license fee for each place
of business for which the person desires the license. The ap-
plication shall be on such form and contain such information
as requested by the board of commissioners. All applicants
must have first secured the required licem,e from the State of
Kansas. (Ord. No. 6871, 8-9-65)
Sec. 6-83. Journal to show action on application.
The journal of the board of commissioners shall show the
action taken on all applications for licenses hereunder. (Code
1960, S 6-305; Ord. No. 6871, 8-9-65)
Sec. 6-84. Transferability of licenses.
The license issued under this article 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 of the city and upon such conditions as the
board of commissioners may prescribe. (Code 1960, S 6-305;
Ord. No. 6871, 8-9-65)
198
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~ 6-85
ALCOHOLIC BEVERAGES
Sec. 6.85. License to be posted.
A license issued under this article shall be kept posted in
a conspicuous place in the place of business. (Code 1960, S 6-
305; Ord. No. 6871, 8-9-65)
Sec. 6-86. Contents of license.
The license issued under this article shall state the name of
the license, the location of the place of business for which the
license is issued, the period for which it is issued, and that it
is subject to revocation in the manner provided by law and by
this article. (Ord. No. 6871, 8-9-65)
Sec. 6-87. Revocation of license authorized; grounds.
The board of commissioners of the city, upon five (5) days
notice to persons holding any such license, shall revoke such
license for anyone of the following reasons:
Sec. 6-87(1). If a licensee has fraUdUlently obtained a license
by giving false information therefor;
Sec. 6-87(2). If 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 class B clubs;
Sec. 6-87(3). If the licensee has become ineligible to obtain
a license;
Sec. 6-87(4). Nonpayment of license fee. (Code 1960, S 6-
306; Ord. No. 6871, 8-9-65)
Sec. 6-88. Violation, penalty.
Any firm, copartnership, association or corporation having
a state license for class B club within the city who shall fail
to pay a license tax herein levied and within the time pre-
scribed or who shall violate any of the provisions of this
article shall, upon conviction thereof, be fined not more than
one hundred dollars ($100.00) for each day's violation: Pro-
vided, that nothing herein shall be construed to prohibit the
city from collecting the license tax by any procedure author-
ized by law. (Ord. No. 6871, 8-9-65)
[The next page is 225 J
199
~ 6-88
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Chapter 7
AMUSEMENTS AND RECREATION*
Art. I. Reserved, ~~ 7-1-7-17
Art. II. Carnivals, Circuses and Tent Shows, ~~ 7-18-7-35
Art. III. Public Dances, ~~ 7-36-7-67
Art. IV. Billiards, Pool and Shuffleboard, ~~ 7-68-7-90
Art. V. Entertainment in Food Establishments, ~~ 7-91-7-107
Art. VI. Arcades, ~S 7-108-7-125
Art. VII. Music Machines, ~~ 7-126-7-130
ARTICLE I. RESERVEDt
Sees. 7-1-7-17. Reserved.
ARTICLE II. CARNIVALS, CIRCUSES AND TENT SHOWS
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See. 7-18. Definitions.
For the purpose of this article:
Sec. 7-18(1). Carnivals shall be deemed to include attrac-
tions or amusements in which merry-go-rounds, ferris wheels,
riding devices and other amusement devices of a similar na-
ture are usedJ and shall also include" whether operated in con-
nection 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 public, commonly operated
and known as carnivals, or as parts thereof, whether adver-
tised as such or otherwise.
Sec. 7-18(2). Circus shall be deemed to mean that kind of a
show or exhibition ordinarily known and advertised as a cir-
cus, including the exhibition of wild animals, trained animal
acts, and performances by acrobats, aerial performers, trained
*Cross references-For license fee for pinball, marble games, and
amusement devices generally, see S 20-58; for parks and swimming pools,
see Ch. 25.
tEditor's note-Article I, SS 7-1-7-7, relative to the creation, organi-
zation and functions of the board of public welfare, the issuance, denial
and revocation of permits for certain places of amusement or recreation,
and entering places of amusement without paying, was repealed by Ord.
No. 8723, S 1, adopted July 9, 1979. Said article was derived from Code
1960, SS 4-101-4-104, and Code 1960, S 23-1134.
Supp. No. 25
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~ 7-18
SALIN A CODE
~ 7-20
animals, clowns, etc., and including side shows and exhibitions
ordinarily shown in connection with and as a part of circuses,
and the term "circus" shall also include menageries, wildwest
shows, dog and pony shows and other similar exhibitions,
whether operated alone or in connection with circuses having
the other features hereinabove mentioned, or similar thereto,
and the term "circus" shall also include any street parade
shown or operated in the city and the unloading and/or mov-
ing of circus equipment, exhibits and paraphernalia in the
city and along or over the streets thereof, in connection with
a circus which is shown outside the city.
Sec. 7-18(3). Tent shows shall be deemed to include the-
atrical, 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: Provided, that this article shall not apply
to entertainments, 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
benefit of charity or for the benefit of such church, school,
lodge or organization, and where no part of such proceeds
goes to any private individual or corporation, except in pay-
ment of labor actually performed or for property or materials
actually furnished for use in connection with such perform-
ance, concert or entertainment. (Code 1960, S 4-201)
Sec. 7-19. 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 hav-
ing made application and securing a permit from the board
of public welfare of the city and without first having complied
with all the rules and regulations of such board of public wel-
fare. (Code 1960,94-203)
Sec. 7-20. License required.
No person shall engage in, pursue, conduct or carryon in
the city the calling, trade or occupation of conducting or op-
Supp. No. 25
228
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~ 7-20
AMUSEMENTS AND RECREATION
erating a circus, carnival or tent show as in this article defined
without first having paid to the city clerk the license fee as
herein provided for, and without first having secured from the
city clerk a license to conduct or operate the same. (Code 1960,
~ 4-204)
Cross reference-For licenses generally, see Ch. 20.
Sec. 7-21. Application for license required.
Before any license shall be issued, 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 cir-
cus, carnival or tent show for which a license is desired; the
name of the owner thereof; the name under which the same
is operated, conducted or shown; the permanent address or
residence of such owner; the location of the place where the
same is to be shown or operated and the date or dates upon
which the same is to be shown or operatl:!d; together with a
statement that the applicant will abide by and perform aU
of the provisions of this article and. of all other ordinances
of the city and all regulations of the board of public welfare
relating thereto. Such application shall be aceompanied by
the original or duplicate of the permit issued to such applicant
by the board of public welfare. (Code 1960, ~ 4-205)
Sec. 7-22. License fees.
A license fee is hereby levied upon every person engaging
in the pursuit or occupation of operating or conducting any
circus, carnival or tent show as herein defined within the city,
which license fee shall be paid to the city clerk at the time
the application provided for is filed, in the following amount:
Sec. 7-22(1). Circuses. For every day upon which any circus
is operated within the city, the sum of one hundred
dollars ($100.00) ;
Sec. 7-22(2). Carnivals. For every day upon which any car-
nival is operated within the city, the sum of thirty-
five dollars ($35.00): Provided, that if only riding
devices are operated in connection with such carnival,
the license fee shall be thirteen dollars ($13.00) per
day;
Supp. No. 19
229
~ 7-22
~ 7 -22
SALINA CODE
~ 7-36
Sec. 7-22(3). Tent shows. For every day upon which any
tent show is operated within the city, the sum of thirty-
three dollars ($33.00): Provided, that the license fee
for one or more weeks shall be eighty dollars ($80.00)
per week. (Code 1960, ~ 4-206; Ord. No. 8376, ~ 1,
11-25-74)
Sec. 7-23. License fee cumulative; license not transferable.
Every license tax herein provided for Hhall be paid by the
person actually operating the circus, 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 an\' license fee
provided for by this article, and no license issued hereunder
shall be assignable or transferable. (Code 1960, ~ 4-207)
Sec. 7-24. Gamhling 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 possession, upon the premises oc-
cupied by any circus, carnival or tent show within the city.
any gambling device or game of chance. (Code 1960. ~ 4-202)
Sec. 7-25. Lewd. indecent. obscene performances.
No lewd, indecent or ObHcene performance shall be given
or shown in connection with any circus, tent show or carnival
as herein defined. and any perHon who shall show or permit
the showing of, or who shall engage in, any such performance.
shall be deemed guilty of a violation of the provisionH of this
Code. (Code 1960, ~ 4-208)
Sees. 7-26-7-35. Reserved.
ARTICLE III. PUBLIC DANCES
Sec. 7 -3ft Defined.
The term "public dance" as m;ed in this article and in other
ordinances of the city shall mean any dance to \vhich the publiL-
is invited or to which any :lllmission fee iH charged under any
form or guise whatsoever, whether paid at the door, on tIlt'
floor, or in the form of a :mbscription or whether paid before
Supp. No. 19
230
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~ 7-36
AMUSEMENTS AND RECREATION
~ 7-37
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or after said dance, under guise of dues or assessments, and
where admission is secured by invitation or otherwi'Se, except
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 auditorium, 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 club, society or other organization, having a per-
manent membership, and which only the regular bona fide
members of such club, society or organization and not to ex-
ceed 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 1960, ~ 4-301)
Sec. 7-37. Showing and certificate required if dance not pub-
lic.
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Any dance which is given by any club, society or organiza-
tion or by five (5) or more individuals is hereby defined to
be a public dance until the person or persons in charge thereof
shall appear before the board of public welfare and make a
satisfactory showing to such board that the dance to be given
is not a public dance as herein defined, in which case said
board may issue to such person or persons or to such society,
club or organization a certificate to the effect that no permit
is required for the holding of such dance: Provided, however,
that such certificate may be revoked at any time by the board
of public welfare, and any person or persons securing such a
certificate for himself or themselves or for any such club,
society or organization who shall, by virtue of 'Such certificate,
give a dance, which shall be determined by the board of public
welfare to be a public dance as herein dt:fined, or shall, by
virtue thereof, give any dance to which admission is charged
in any guise or form, shall be deemed guilty of a misdemeanor.
(Code 1960, ~ 4-302)
231
~ 7-38
SALINA CODE
~ 7-41
Sec. 7-38. Certain sponsored dances declared public.
No dance shall be deemed to be a club, society or organiza-
tion dance so as to eliminate the necessity of 'Securing a per-
mit therefor under the provisions of this article, when only
the members who atten~ :ouch dance are required to pay an
admission or floor fee or charge, whether the same is collected
in advance at the door, on the floor or at any time thereafter,
it being the intent of this article to designate as a club, society
or organization dance only 'Such dance or dances as may be
given by such club, society or organization and paid for out of
the funds in the treasury of such organization and to which
fund all members are required to contribute equally, whether
or not such members attend any dance or dances. The board
of public welfare, before issuing any certificate under the
provisions of this article, may require any person or persons
applying therefor, on behalf of any 'Such club, society or or-
ganization, to furnish satisfactory evidence of the nature
thereof. (Code 1960, ~ 4-303)
Sec. 7-39. Board of public welfare to supervise dances.
In addition to any and all other duties now and hereafter
provided by ordinance, it shall be the duty of the board of
public welfare to have supervision of all dances as herein de-
fined in the city. (Code 1960, 9 4-304)
Sec. 7-40. Notice required prior to holding dance.
Before any public dance shall be held or before any dance
shall be held by any person or persons, club, society or organi-
zation, the person or persons giving or holding the same or
in charge thereof shall notify the chairman of the board of
public welfare of the proposed time and place thereof. (Code
1960, 9 4-304)
Sec. 7-41. Issuance of certificate or permit; fee.
It the board of public welfare shall decide that the proposed
dance is not a public dance, it shall issue 'a. certificate as pro-
vided in section 7-37, but if it shall decide that the dance is
a public dance, it may, if it deems the applicant or applicants
232
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~ 7-41
AMUSEMENTS AND RECREATION
~ 7-44
for such permit to be of a good moral character and entitled
to receive the same, issue a permit for such dance upon the
payment to it of a sum adequate to cover the expense of a
supervisor to attend such dance if the board of public welfare
deems such supervisor necessary, and in no event less than ten
dollars ($10.00), and the board on issuing such permits shall
notify the city clerk, who shall issue no license until such
permit is granted. (Code 1960, S 4-304)
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Sec. 7-42. Notice required of person in charge of premises;
permitting illegal dances.
Every owner, lessee or person in charge of any dance hall
in the city, or of any other room or place in the city where
any dance shall be held, shall notify the chairman of the board
of public welfare and' the chief of police not later than 12 :00
noon of the day on which any dance is to be held in such dance
hall or other place of the time, place and name of the person
or persons, club, society or organization proposing to use such
hall or other place for any such dance, and no such person
shall permit any dance to be held in any such hall unless there
shall be exhibited to him a permit therefor or a certificate
showing that such permit is not required. (Code 1960, S 4-305)
Sec. 7-43. Period of permit or certificate; revocation.
The permit and certificate herein provided for may be
issued for one or more dances or for a designated period' of
time to be designated plainly on the face of such permit or
certificate, and shall be revocable at any time with or without
notice by the board of public welfare. (Code 1960, S 4-307)
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Sec. 7-44. Appointment of supervisor; authority of super.
visor and police.
The board of public welfare shall have authority to desig-
nate any suitable person, satisfactory to the city manager,
who, when approved by the city manager, shall be commis-
sioned as a special police officer, to act as the supervisor at
any dance for which a permit is issued when the board of
public welfare may de2m it necessary to have such a supervisor
233
~ 7-44
SALINA CODE
~ 7-47
present at such dance. Such supervisor, and any police officer
of the city shall have authority to attend any such dance, re-
move therefrom any person or persons guilty of disorderly
conduct or any misconduct or any intoxicated person, and to
arrest any person found to be engaged in the violation of any
law or ordinance. (Code 1960, ~ 4-308)
Sec. 7-45. Authority of chairman between board meetings.
The chairman, or acting chairman of the board of public
welfare, shall have authority to do any of the acts as herein
provided for and all authority herein conferred upon the board
of public welfare 'Shall be vested in the chairman or acting
chairman of such board at all times between the regular or
special session of such board. (Code 1960, ~ 4-309)
Sec. 7-46. Giving dance without permit prohibited.
It shall be unlawful for any person, either individually or as
the officer, director or member of any club, society or organi-
zation to give or permit the giving or holding of any dance
for which any admission charge is made or collected under
any guise whatsoever, without first 'Securing a permit as re-
quired herein, or to give or hold any such dance after any
such permit or any certificate as herein provided has been re-
voked, or after any dance has been ordered stopped or discon-
tinued as herein provided for. (Code 1960, ~ 4-310)
Sec. 7-47. Disorderly conduct or illegal activities.
If, at any dance given by any person or persons, club, so-
ciety or organization, the persons attending 'Shall be disorderly
or shall be guilty of any unbecoming conduct or shall be found
to be violating any of the laws or ordinances of the State of
Kansas or the City of Salina, any such person may be removed
or any such dance may be ordered stopped by any supervisor
appointed by the board of public welfare, or by any regular
police officer of the city, and if the board of public welfare
shall be satisfied that any 'Such conduct or violation has taken
place, such board of public welfare may thereafter refuse to
234
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.
~ 7-47
AMUSEMENTS AND RECREATION
* 7 -5H
grant any certificate or any permit as provided for in thiR
article to any such person or penmns, club, society or organiza-
tion. (Code 1960, ~ 4-306)
('russ rl'ferl'n('('- Disorderly eonduet g'l'neruIly, ~ 2;~-l07.
Sec. i -.tlt License req uired.
It shall be unlawful for any pe n.;on , persons, club, society
or organization ur the members, officers or directors thereof
to conduct or operate any public dance ur any dance hall or
roum or other place where public dancing is permitted in con-
nection with the serving of food or drinks, whether or not
any charge is made for such dancing in addition to the charg-e
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 firRt Recuring'
a license. (Code] 960, ~ 4-312)
Sec. i -49. Proximity to residences.<
No public dance hall shall be operated, and no public dance
shall be given, and no public dancing as defined in section
7 -48 of this article or as otherwise now or hereafter provided
by ordinance, shall be permitted in any building which is lo-
cated within fifty (50) feet of any dwelling house or other
building occupied exclusively for re!'ddence purposes, within
the city. (Code 1960, ~ 4-3]3)
Sec. i-50. Application for license; license fee.
Before any license required by this article is issued, the
penwn or persons, club, society or organization or the mem-
bers, officers or directors thereof, applying 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 operated, or where any such
public dancing is to be permitted, with such additional details
with respect thereto as may be required by the city clerk, and
shall pay to the city clerk a license fee for the same as follows:
Supp. No. 19
205
~ 7-50
SALINA CODE
S 7 -53
Sec. 7-50 (1). For one year $133.00
Sec. 7-50(2). For six months 66.00
Sec. 7-50(3). For a single day or night 13.00
(Code 1960, ~ 4-314; Ord. No. 7026, ~ 1, 11-27-67; Ord. No.
8377, ~ 1, 11-25-74)
Sec. 7-51. Permit prerequisite to license.
In all cases where a premit is required by this article from
the board of public welfare, the applicant for a license here-
under shall exhibit such permit to the city clerk. (Code 1960,
~ 4-314)
Sec. 7-52. Issuance, denial of license.
If, upon the filing of such application and the payment of
such license fee, it appears to the city clerk that under the
provisions 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 satis-
fied from such application 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 applica-
tion. If the application is approved by the board of commis-
sioners, the city clerk shall issue such license, and if the ap-
plication is rejected no license shall be issued, and the amount
deposited with the city clerk as a license fee shall be returned
to the applicant. (Code 1960, ~ 4-315)
Sec. 7-53. Revocation of licenses.
The board of commissioners shall have the right at any
time, if such 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 con-
ducted 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 commissioners. (Code 1960, ~ 4-315)
Supp. No. 19
236
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~ 7-54
AMUSEMENTS AND RECREATION
~ 7-68
Sec. 7-54. Licenses not transferable.
No license issued under the provisions of this article shall
be in any manner assignable or transferable. (Code 1960, S
4-316)
Sec. 7-55. When license shall not be issued.
No license required by this article shall be issued to or per-
mitted to be held by any person or persons who are 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 of Kansas are violated. (Code 1960, ~ 4-316)
Sec. 7-56. When licenses expire.
Each yearly license issued hereunder ~hall expire on De-
cember thirty-first following the date of issue and each six
(6) months' license shall expire on the thirty-first day of
July or on the thirty-first day of December, following the date
of such issue. (Code 1960, S 4-316)
Se"c. 7-57. Sunday dances prohibited.
It shall be unlawful for any person, persons, clubs, societies
or organizations to conduct or assist in conducting a public
dance on Sunday in the city. (Code 1960, S 4-317)
Secs. 7-58-7-67. Reserved.
ARTICLE IV. BILLIARDS, POOL AND SHUFFLEBOARD*
Sec. 7-68. Billiard and pool table licenses required; expiration;
transferability; fees.
It shall be unlawful for any person to have, keep or main-
tain, for hire or profit, in any place in the city, billiard or
pool tables, without first securing a license therefor as in this
article provided, and paying a license fee for each table of
thirteen dollars ($13.00) per year or fractional part thereof.
.Cross reference--For licenses generally, see Ch. 20.
Supp. No. 19
237
~ 7-68
SALIN A CODE
~ 7-70
Such license shall expire on the last day of December next
after the same is issued, and shall be nonassignable and non-
transferable and shall be issued only to individuals and not to
corporations. 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 1960, ~ 4-401;
Ord. No. 6862, ~ 1, 6-28-65; Ord. No. 8378, ~ 1, 11-25-74)
Sec. 7-69. License required for miniature pool tables, shuffle-
board devices, other amusement devices; fees.
It shall be unlawful for any person or persons to have, keep
or maintain, for hire or profit in any place in the city, minia-
ture pool or billiard tables or shuffleboard devices of any
character upon which metallic, plastic or other metal discs
are cast or any other amusement device not otherwise provided
for by ordinance, without first securing a license therefor as
in this article provided, and paying a license fee on all such
tables, boards or other devices in the following amounts: For
each of such tables, boards or devices, thirty-three dollars
($33.00) per year or fractional part thereof and otherwise
be subject to the additional limitations provided in the pre-
ceding section as to other licenses. (Code 1960, ~ 4-402; Ord.
No. 8379, ~ 1, 11-25-74)
Sec. 7-70. Application for license required; appeal from de-
nial.
Any person desiring a license under thi<; article shall make
application therefor in writing, over his or their signature,
to the city clerk. Such applications shall state the number of
billiard and pool tables, miniature pool tables, shuffleboards
and other amusement devices, 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. Such application ~hall also be accom-
panied by a certificate of the board of public welfare of the
city recommending the granting or rejecting of the same,
and the city manager may approve such license or deny the
issuance thereof if he deems the applicant therefor not of
Supp. No. 19
--
238
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~ 7-70
AMUSEMENTS AND RECREATION
S 7-73
good character: Provided, that if such license is refused, the
applicant may appeal to the board of commissioners who may
in their discretion grant or refuse such license. (Code 1960,
9 4-403)
Sec. 7-71. Issuance of license.
If the city manager shall deem the applicant to be a fit per-
son to engage in such business, and shall approve such appli-
cation, the city clerk shall upon payment of the license fee
herein provided for, issue such license. (Code 1960, ~ 4-404)
Sec. 7-72. Reserved.*
Sec. 7-73. Age of players.
It shall be unlawful for the owner, manager, keeper, or per-
son in charge of any place described in the preceding sections
of 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 however, 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, in addition to his applications for a license to op-
erate such place, make a special application to the city man-
ager for such permit and if such application shall be approved
by the city manager after the same has been referred and
approved by the board of public welfare. The board of public
welfare or city manager may, as a condition to the granting
of such special permit, place such restrictions upon the oper-
ations thereof as may be deemed necessary. No such special
permit shall be granted to the owner of any such place if beer
is sold or used on such premises or if a license to sell malt
or cereal beverages is in effect covering such premises. The
violation by the owner, manager, keeper or person in charge
of any such place of any of the provisions of this section, or
* Amendment note-Ord. No. 6999, S 1, adopted June 29, 1967, speci-
fically repealed S 7-72, derived from Code 1960, S 4-405, which regulated
the hours of operation of pool halls. Said section has been reserved
by the editors to maintain sequence.
SuPp. No.3
239
-
~ 7-73
SALINA CODE
~ 7-74
any of the restrictions or agreements contained in the special
application provided for herein, shall be grounds for the sus-
pension or revocation of the permit granted pursuant to' such
special application. (Ord. No. 7000, S 1, 6-26-67)
Amendment note-Ord. No. 7000, ~ 1, amended ~ 7-73 by adding the
provision for a special license for pool halls to permit persons under
18 years of age to play. Section 2 of said ordinance specifically repealed
~ 7-73 as derived from Code 1960, ~ 4-406.
Sec. 7-74. Profane, indecent language; riotous, disorderly con-
duct.
It shall be unlawful for the owner, manager, keeper or
person in charge of any pool or billiard hall to knowingly
Supp. No.3
240
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~ 7-74
AMUSEMENTS AND RECREATION
* 7-77
permit the use of profane or indecent language or to permit
any riotous or disorderly conduct in such place. (Code 1960,
~ 4-407)
Sec. 7-75. Permitting intoxicating liquor, disorder or gam-
bling.
It shall be unlawful for the owner, manager, keeper or per-
son in charge of any pool or billiard hall to sell or keep for
sale or free distribution any intoxicating liquors or to permit
any intoxicating liquor to be kept or used in or about said
premises, or to permit any disorder in or nbout said premises,
or to permit any gambling in or about 8aid premises. (Code
1960, ~ 4-408)
Cross reference-For disorderly conduct generally, see ~ 23-1017.
Sec. 7-76. Connecting rooms.
It shall be unlawful for the owner, manager, keeper or per-
son 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 con-
necting 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 thi's
section shall not apply to a room designated for and used
solely for toilet purposes. (Code 1960, ~ 4-409)
Sec. 7-77. License suspension.
Every license issued under the provIsIOns of this article
may, in the event of the violation of any of the provisions of
this article by the licensee, be suspended by the city manager:
Provided, that upon such suspension the licensee may appeal
to the board of commissioners for redress. (Code 1960, ~ 4-
410)
241
~ 7-78
SALINA CODE
~ 7-80
Sec. 7-78. License revocation.
Every license granted under the provisions of this article
shall be revocable and cancellable at the pleasure of the board
of commissioners, irrespective of any other provision con-
tained in this article for the revocation of any such license:
Provided, however, that if such revocation or cancellation
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 violation 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.
(Code 1960, S 4-411)
Sec. 7-79. Copy of article and license to be posted.
At least two (2) copies of this article, and the license issued
hereunder, shall be posted in conspicuous places in each pool
or billiard hall licensed under the provisions of this article.
and a failure to keep such copies and license posted shall be
deemed a violation of the provisions of this article. (Code 1960,
.g4-414)
Sec. 7-80. Violations.
Any person who shall violate any of the provisions of this
article shall be deemed guilty of a misdemeanor, and upon
conviction of any person or persons to whom a license as
provided for in this article shall have been issued, or upon
the conviction of any manager, keeper or person in charge of
any pool or billiard hall licensed under this article, or any
employee thereof, of any such violation, or upon the conviction
of any such person of selling or keeping for sale or free dis-
tribution, or of using or permitting the keeping or use of any
intoxicating liquors, or of permitting any gambling in or
about said premises, or upon the conviction of any other per-
son upon the charge of gambling in or about said 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 1960, ~
4-412)
242
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~ 7-81
AMUSEMENTS AND RECREATION
~ 7-92
Sees. 7-81-7-90. Reserved.
ARTICLE V. ENTERTAINMENT IN FOOD
EST ABLISHMENTS*
Sec. 7-91. License required; fees; expirations; transferability.
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 article pro-
vided, and paying a license fee in the amount of thirty-three
dollars ($33.00) per year or fraction thereof. Such license,
when issued shall expire on the last day of December next
after the same is issued, and shall be nonassignable and non-
transferable, and shall be issued only to individuals and not to
corporations. (Code 1960, ~ 4-501; Ord. No. 6837, 12-14-64;
Ord. No. 7025, ~ 1, 11-27-67; Ord. No. 8380, ~ 1, 11-25-74;
Ord. No. 8552, ~ 1, 3-28-77)
Sec. 7-92. Application for license; appeal from denial.
Any person desiring a license under this article shall make
application therefor in writing, over his or their signature,
to the city clerk. Such application shall state the precise
nature and form of the entertainment to be provided in the
place of business of the applicant and no other type of enter-
tainment shall be permitted under that license. Such applica-
tion shall also be accompanied by a certificate of the board of
public welfare of the city recommending the granting or re-
jecting of the same, and the city manager may approve such
license or deny the issuance thereof if he deems the applicant
therefor not of good character or the type of entertainment
to be provided under the license to be detrimental to public
morals or decency. Provided, that if such license is refused,
the applicant may appeal to the board of commissioners who
may, in their discretion, grant or refuse such license. (Code
1960, ~ 4-502; Ord. No. 6837, 12-14-64)
.Cross reference--For licenses generally, see Ch. 20.
Supp. No. 22
243
~ 7-93
SALINA CODE
~ 7-97
Sec. 7-93. Issuance of license.
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 detrimental 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 1960, ~ 4-503; Ord. No. 6837, 12-14-64)
Sec. 7-94. Hours limited; Sunday operation.
It shall be unlawful for any person providing entertainment
pursuant to a license issued hereunder to provide such enter-
tainment on the first day of the week, commonly known as
Sunday, or between the hours of midnight and 6 :00 p.m. on
any day. (Code 1960, 9 4-504; Ord. No. 6837, 12-14-64)
Sec. 7-95. Intoxicating 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 intoxi-
cating liquors or to permit any intoxicating liquor to be kept
or used in or about said premises, or to permit any disorder
in or about said premises, or to permit any gambling in or
about said premises. (Code 1960, ~ 4-505; Ord. No. 6837,
12-14-64)
Cross referenee--For disorderly conduct generally, see ~ 23-107.
Sec. 7-96. License suspension.
Every license issued under the provIsIOns of this article
may, in the event of the violation of any of the provisions of
this article by the licensee, be suspended by the city manager.
Provided, that upon such suspension the licensee may appeal
such suspension to the board of commissioners. (Code 1960,
~ 4-506; Ord. No. 6837, 12-14-64)
Sec. 7-97. License revocation.
Every license granted under the provisions of this article
shall be revocable and cancelable by the board of commission-
ers upon proof of: (1) Substantial or consistent violations of
any of the provisions hereof; (2) Lack of good character of
Supp. No. 22 244
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~ 7-97
AMUSEMENTS AND RECREATION
~ 7-112
the holder of the license; or (3) Entertainment provided by
the licensee that is detrimental to public morals or decency.
(Code 1960, S 4-507; Ord. No. 6837, 12-14-64)
Sees. 7-98-7-107. Reserved.
ARTICLE VI. ARCADES*
Sec. 7-108. Defined.
An arcade is hereby defined as any place or business within
the city wherein twenty-five (25) or more pinball machines,
marble table games, rental table games, amusement devices,
shuffleboards, photo-electric cell operated amusement de-
vices, miniature pool tables or any other amusement devices
of any kind or type are set up or kept for operation. (Code
1960, S 16-301)
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Sec. 7-109. License required.
It shall be unlawful for any person to operate an arcade
without first having and procuring a license therefor. Each
day's operation of an arcade without such a license shall be
deemed to be a separate offense. (Code 1960, S 16-302)
Sec. 7-110. License fee.
The license fees for an arcade shall be four hundred sixty-
seven dollars ($467.00) per calendar year, or any part there-
of, plus fifteen dollars ($15.00) for each machine over twenty-
five (25) machines set up or kept for operation therein. (Code
1960, S 16-303; Ord. No. 8381, S 1, 11-25-74)
Sec. 7-111. Expiration of license.
Any license issued for an arcade shall expire on the follow-
ing December thirty-first. (Code 1960, S 16-304)
Sec. 7.112. Licenses nonassignable.
Arcade licenses shall be nonassignable. (Code 1960, S 16-
304)
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.Cross reference--Licenses generally, Ch. 20.
Supp. No. 19
245
~ 7-113
SALINA CODE
~ 7-12t;
Sec. 7-113. Age of licensees.
No arcade license shall be issued to a person under t\',!enty.
one (21) years of age. (Code 1960, S 16-304)
Sec. 7-114. Issuance, form of licenses.
The licenses provided for in this article shall be issued by
the city clerk, with the corporate seal of the city affixed there-
to, and shall recite the number of the license, the name of
the person to whom issued, the amount paid therefur and a
general description of the machines to be operated in the
arcade. (Code 1960, ~ 16-305)
Sec. 7-115. License revocation.
Any license issued pursuant to this article shall be revoked
by the city manager upon conviction of any licensee hereunder
of any offense against the ordinances of the city, the laws of
the State of Kansas, excepting minor traffic offenses, or laws
of the United States of America. (Code 1960, S J 6-306)
Sees. 7-116-7-125. Reserved.
ARTICLE VII. MUSIC MACHINES*
Sec. 7-126. License 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 r~evice opeJ'uted b~'
depositing coins or tokens, without first havinp' S'3cured <l.
license from the city clerk to engage in such business, trade
or occupation, and for the keeping, maintaining and operating'
of any such device, and without first having paid to the city
the license fee therefor as herein provid~d foJ'. (Code 1960,
~ 16-70])
.Cross reference-For licenses generally, Ch, 20.
Supp. No. 19
246
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* 7-127
AMUSEMENTS AND RECREATION
~ 7-130
Sec. 7-127. License fee.
There is hereby levied on every such person required to ob-
tain a license by this article a license fee of twenty dollars
($20.00) per year for each such machine or device operating
and/or playing one or more records with a coin or coins, or
with any token. Such fee shall be payable at the time such
license is issued. (Code 1960, S 16-701; Ord. No. 8382, S 1,
11-25-74)
Sec. 7-128. License expiration.
Every license herein provided for expires on the next suc-
ceeding July first or December thirty-first in the year in which
it is issued. (Code 1960, S 16-701)
Sec. 7-129. Contents of licenses; transferability.
Every license issued under this article shall show the name
of the licensee, a description of the machine and the location
at which the machine is kept and shall not be transferable
from one licensee to another or from one location to another,
but may be transferred from one machine to another while
operated by the licensee at the same location. (Code 1960,
S 16-701)
Sec. 7-130. Obscene, indecent words or music.
It shall be unlawful for any person licensed to operate any
music playing machine or device as provided for in this article
or owning, maintaining 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 indecent music or words. (Code 1960 S 16-702)
Supp. No. 19
[The next page is 273]
247
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Chapter 8
ANIMALS AND FOWL*
Art. I. In General, fi~ 8-1-8-28
Art. II. Dogs, fifi 8-29-8-50
Article I. In General
Sec. 8-1. Mayor may suspend chapter, take emergency meas-
ures in event of rabies epidemic.
In the event that a rabies epidemic shall occur or may be
deemed by the health officer to be imminent, all of this chap-
ter, may be declared temporarily suspended by order of the
mayor and 'Such emergency measures as are necessary may be
substituted by proclamation of the mayor. (Code 1960, ~ 5-
214; Ord. No. 6725, 7-8-63)
Sec. 8-2. Cruelty generally.
Whoever overdrives, overloads, drives when overloaded,
overworks, tortures, torments, deprives of necessary sus-
tenance, cruelly beats, mutilates, or kills an animal, or causes
or procures an animal to be so overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, deprived
of necessary sustenance, cruelly beaten, mutilated or killed
or, having the charge or custody of an animal, either as
owner or otherwise, inflicts unnecessary cruelty upon it, or
unnecessarily fails to provide it with proper food, drink, shel-
ter or protection from the weather, shall be guilty of a mis-
demeanor. (Code 1960, ~ 23-901)
State law reference-For similar provisions, see K.S.A. 21-1201.
Sec. 8-3. Running at large-Prohibited.
It shall be unlawful for the owner, agent, or person having
charge of any of the animals or fowl hereinafter named to
*Cross references-Animals prohibited in food establishments, ~ 14-15;
applicability of traffic regulations to animals and animal drawn vehicles,
~ 22-12; animals prohibited in parks, ~ 25-2; transporting dead or
diseased animals over streets, ~ 32-5; depositing dead animals in streets
prohibited, ~ 32-6.
Supp. No. 13 273
~ 8-3
SALINA CODE
~ 8-5
allow the same to run at large within the limits of the city.
Cattle, hogs, horses, mules, asses, sheep, goats, chickens, ducks,
geese, turkeys or other domestic fowl of any kind. (Code
1960, ~ 5-101; Ord. No. 6725, 7-8-63)
State law reference---For authority to prevent or regulate animals
at large, see K.S.A. 13-435.
Sec. 8-4. Same--Exemption.
Nothing contained in section 8-3 shall be so construed a's
to prevent drovers or other person from driving any of the
animals mentioned in section 8-3 through the limits of the city
while enroute from farm to stockyard, pen or slaughterhouse;
from stockyard to stockyard; from pen to slaughterhouse;
from 'stockyard to slaughterhouse; or through the city from
city limits to city limits, the owner or owners or their agent
or agents being responsible for all damage that may be sus-
tained by reason of the driving of such animals. (Code 1960.
~ 5-105; Ord. No. 6725, 7-8-63)
Sec. 8-5. Same--Impounding authorized; notice; redemption
by owner.
The police or any other person or persons duly appointed
and employed for that purpose by the city manager, shall take
up and impound any animal or fowl mentioned in section 8-3
found running at large. If the owner is unknown, the chief
of police shall give five (5) days notice in three (3) or more
public places that the animal or fowl, sufficiently describing
the same, has been impounded, and that if not redeemed with-
in the time stated (not less than ten (10) days after impound-
ing) will be sold', and that if no buyer appears, the animal
or fowl may be sold, euthanized or otherwise disposed of. Any
person who can prove ownership in, or right to such animal
or fowl, may redeem the same within the time stated upon
payment of the costs of feeding and impounding, and such
payments shall be turned over to the city treasurer for the
benefit of the city. (Code 1960, S 5-102; Ord. No. 6725, 7-8-63)
Supp. No. 13
274
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~ 8-6
ANIMALS AND FOWL
~ 8-9
Sec. 8-6. Same-Use of tranquilizer gun authorized.
The police or other person or persons authorized to impound
stray animals' as provided herein are hereby authorized to use
a tranquilizer gun.
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Sec. 8-7. Same-Sale of impounded animals and fowl; dis-
position of proceeds.
If the animal or fowl is not claimed and the charges as here-
in specified are not paid within ten (10) days after the date
of notice aforesaid, the chief of police shall, on the eleventh
day, at a time and place mentioned in the notice, proceed to
sell the same to the highest bidder for cash, and, after deduct-
ing from the proceeds of said sale the amount of all charges
which have accrued, including the expense of impounding,
keeping and advertising the same, he shall pay the balance
to the city treasurer for the benefit of the city. If no buyer
appears at the time of sale, the chief of police may continue
the same from day to day or euthanize or otherwise dispose
of the animal or fowl. (Code 1960, S 5-103; Ord. No. 6725,
7 -8-63 )
Sec. 8-8. Same-Impounding fee.
A fee of five dollars ($5.00) for impounding each animal
at large and two dollars ($2.00) for impounding each fowl
at large and the cost of feeding the same to the day of sale
or other disposal shall be charged. (Code ]960, S 5-104; Ord.
No. 6725, 7-8-63)
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Sec. 8-9. Picketing animals on or near streets or private
property.
No person shall temporarily picket any horses, mules, asses,
cattle or other animals of any kind, in or upon any street or
alley of this city or upon any lot or piece of ground so near
to any street or alley as to permit such animals getting upon
any street or alley or getting upon any private property with-
out the consent of the owner. The word "temporarily" shall
be construed to mean not over forty-eight (48) hours. (Code
1960, S 5-106; Ord. No. 6725, 7-8-63)
275
~ 8-10
SALINA CODE
~ 8-12
Sec. 8-10. Trespassing on public or private grounds or side-
walks.
It shall be unlawful for the owner or person in charge of
any horses, mules, asses, cattle or other animals being moved
through or ridden about through the city limits to permit the
same to trespass on any private property without the consent
of the owner thereof, or on any public parks, parkings, side-
walks or space permitted by ordinance or custom to be used
for sidewalks, in the city, without the consent of the city man-
ager. (Code 1960, S 5-107; Ord. No. 6725,7-8-63)
Sec. 8-11. Keeping livestock, fowl prohibited generally; ex-
emptions.
It shall be unlawful for any person, either as owner or as
the agent, representative, employee or bailee of any owner, to
keep any cattle, goats, sheep, horses, mules, asses, swine or more
than twenty (20) fowl of any kind, including pigeons, within
the city limits of the city. This shall not prohibit the temporary
keeping of such animals for the purpose of shipment when
such animals are confined within a stockyard or pens (desig-
nated as shipping pens) along or adjacent to any railroad
switchyard. This shall also not prohibit the temporary keep-
ing of such animals for the purpose of slaughter by any regu-
lar slaughterhouse which is operated in the city within the
district in which the operating of such slaughterhouse is per-
mitted by zoning ordinances of the city now or hereinafter
in effect. The word "temporary" as used in this section shall
mean not longer than ten (10) days except by special per-
mission of the health officer. (Code 1960, S 5-109; Ord. No.
6725, 7-8-63)
Sec. 8-12. Keeping riding horses.
Horses which are used for riding purposes only may be
stabled within the city limits only in designated areas which
have been given a special permit for the purpose by the city
commissioners. Such designated areas, for purposes of health
and sanitation, shall be under the supervision of the health
officer. If at any time such designated areas shall become a
276
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~ 8-12
ANIMALS AND FOWL
~ 8-14
nuisance or a fly breeding or rat harborage area, the health
officer shall have the authority to revoke such special permit
within ten (10) days after notifying the city commissioners
of such action to be taken. (Code 1960, S 5-110; Ord. No. 6725,
7 -8-63 )
Sec. 8-13. Location, cleanliness of places animals and fowl
are kept.
Any owner, lessee or occupant who maintains any stable,
shed, pen or other place where riding horses are kept accord-
ing to the provisions of section 8-12, shall not maintain the
same closer than fifty (50) feet of the dwelling house of an-
other, and shall not permit the same to remain unclean, to
become a nuisance, or become an insect-breeding or rat har-
borage area to the annoyance of any citizen of the city. Any
owner, lessee or occupant who maintains any shed, pen, cage
or other place where not more than twenty (20) fowl of any
kind are kept, as permitted by section 8-11, shall maintain
the same in a clean and sanitary condition and not permit the
same to become a nuisance or to become an insect-breeding
or rat harborage area to the annoyance of any citizen of the
city. Stables, sheds, pens, or outdoor cages maintained for
the keeping of any other animals or fowl not specifically
prohibited shall be kept in a clean and sanitary eondition and
shall not be allowed to become unclean, or a nuisance, or an
insect-breeding or rat harborage area to the annoyance of any
citizens of the city: Provided, that nothing herein shall au-
thorize a violation of the zoning ordinance of this city. (Code
1960, SS 5-111, 23-903; Ord. No. 6725, 7-8-63)
Sec. 8-14. Dyed or colored animals or fowl.
It shall be unlawful for any person to sell, offer for sale,
barter or display any rabbits, baby chicks or ducklings which
have b€en dyed, colored or otherwise treated so as to impart
to them an artificial color, or to sell, offer for sale, barter or
display any rabbits, baby chicks or ducklings in any place
where food is prepared for consumption and/or 'Sold and/or
consumed on the premises. In the event that any other animal
or fowl shall be sold, offered for sale, bartered or displayed
277
~ 8-14
SALINA CODE
* 8-16
which have been dyed, colored or otherwise treated so as to
impart to them an artificial color, the health officer shall be
immediately informed and shall decide whether such action
is contrary to the health interests of the city. (Code 1960, ~ 5-
112; Ord. No. 6725, 7-8-63)
Sec. 8-15. Biting or diseased animals-Impounding required.
Sec. 8-15(1). Any animal which has bitten a person or an-
other animal shall be securely tied or otherwise confined for
an observation period of at least ten (10) days from the
date of the bite.
Sec. 8-15(2). If the owner of the biting animal produces a
certificate of a licensed veterinarian showing that such animal
has been vaccinated for rabies not longer than one year prior
thereto and not less than thirty (30) days prior thereto, the
owner may be allowed to confine said animal on his own prem-
ises for the ten (10) day period specified.
Sec. 8-15(3). If the owner of a biting animal shall fail to
produce such certificate, the owner shall surrender such ani-
mal to a police officer or shall be responsible for immediately
impounding such animal in an approved veterinary clinic or
in a place provided for that purpose by the city. Such animal
shall be impounded at the cost of its owner until ten (10)
days after the biting of the person or other animal. During
this ten (10) day period, it shall be determined by the health
officer, at the owner's expense, whether or not such animal
is suffering from any dangerous disease which could be trans-
mitted to the person or other animal bitten. (Code 1960,
~ 5-113; Ord. No. 6725, 7-8-63)
Sec. 8-16. Same-Destruction or treatment if diseased.
If it shall be determined that an animal confined under the
provision of section 8-15 (3) is diseased and by reason of such
disease is dangerous to persons or other animals, the pound-
keeper or the owner shall, upon notice thereof, immediately
destroy such animal unless the disease found is amenable to
treatment, in which case the animal may be treated by a
licensed veterinarian at the owner's expense. Any biting
278
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~ 8-16
ANIMALS AND FOWL
~ 8-18
animal confined at the premises of the owner under the pro-
vision of section 8-15 (2) shall be carefully watched by the
owner and if any symptoms of illness should develop during
the ten (10) day confinement period, the health officer shall
be immediately notified. Upon 'Such notification, the health
officer shall request a licensed veterinarian to examine the
animal under observation at the owner's expense. If the
animal is determined to be suffering from any disease which
could be transmitted to the person or animal bitten, then
such biting animal shall be immediately destroyed unless the
di'Sease found is amenable to treatment, in which case the
owner may have the animal treated by a licensed veterinarian,
at the owner's expense, until such time as the animal is no
longer dangerous to another animal or to any person. (Code
1960, ~ 5-114; Ord. No. 612,5, 7-8-63)
Sec. 8-17. Same-Redemption and release if undiseased.
If it shall be determined that any animal impounded by
the city under the provisions of section 8-15 (3) is not dis-
eased, the poundkeeper shall notify the owner, keeper or
harborer of 'Such animal and, upon demand, shall release such
animal to the owner upon the payment by said owner of the
cost of impounding, keeping, care and examination of such
animal. In the case of any animal impounded or confined at
the premises of the owner, under section 8-15 (2), at the
expiration of the ten (10) day confinement period if the
animal has not shown any visible evidence of any contagious
or transmittable disease, it may be released from confinement
after examination by a licensed veterinarian at the owner'::;
expense. Failure to secure such final examination before re-
lease subjects the owner, keeper or harborer of the animal to
the penalty for violation of this Code. (Code 1960, S 5-115;
Ord. No. 6725, 7-8-63)
Sec. 8-18. Same-Failure to redeem.
If the owner, harborer, or keeper of any animal impounded
in the city pound under the provisions of section 8-15 (3)
fails to redeem such animal as provided in section 8-17
within five ( 5) days after the ten ( 10) day period of 0 b-
Supp. No. 13
279
* 8-18
SALINA CODE
~ 8-29
servation, the animal may be sold, euthanized or otherwise
disposed of by the poundkeeper. (Code] 960, ~ 5-116; Ord.
No. 6725, 7-8-63)
Sees. 8-19-8-28. Reserved.
Article II. Dogs*
Sec. 8-29. Definitions.
For the purpose of this article the following definitions shall
prevail:
Dog shall mean all members of the canis familaris, male
or female, five (5) months of age or older.
Pup shall mean all members of the canis familaris, male
or female, less than five (5) month of age.
Inoculation, vacc1:nation or vaccination for rabies shall
mean the injection, by a veterinarian, or his authorized agent,
of a specified dose of anti-rabies vaccine into the body of a
dog, such vaccine having the U. S. government license nu'rober
stamped on the label of the vaccine container and having been
approved by the director of the city-county health department.
Own shall be deemed to mean and include, own, keep,
harbor, or to have control, charge or custody of a dog.
Owner shall mean any person who, or firm or corporation
which owns, harbors, shelters, keeps, controls, manages,
possesses, or has part interest in any dog, pup, or kennel.
If a minor own a dog or pup subject to the provisions
of this chapter, the head of the household of which such
minor owner is a member, shall be deemed the owner of
such dog 01' pup for the purpose of this chapter and under
this chapter shall be responsible as the owner, whether or
not such household head is himself a minor. If not a mem-
* Amendment note-Ord. No. 8164, ~ 1, adopted June 28, 1971, amended
Art. II to read as herein set out. Sec. 2 of said ordinance repealed
former Art. II, ~~ 8-29-8-42, derived from Code 1960, ~~ 5-201-5-211,
5-213, 23-904 and Ord. No. 6724 adopted July 8, 1963.
Supp. No. 13
280
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~ 8-29
ANIMALS AND FOWL
~ 8-29
ber of a household, such minar owner shall himself be di-
rectly subject ta the provisions of this chapter.
Household: Those members 'Of a family living in the same
dwelling unit.
At large: Any dag shall be deemed to be at large when it
is off the premises of its owner's real property and not re-
strained by a competent persan.
Vicious dog shall mean any dag which is fierce, dangerous,
mean, 'Or uncantrallable; 'Or 'One that has previausly attacked 'Or
bitten any per san or domestic animal, 'Or possesses a propensity
to attack or bite a person or damestic animal.
Commercial kennel shall mean any place 'Or tract of land
whether indoors 'Or 'Outdoors, whether enclosed or not, in, at
or upan which three (3) 'Or more dags or pups are, for the
purpose 'Of a profit, kept, haused, bred, raised, fed, displayed,
exhibited 'Or sold.
Hobby breeder shall mean any person wha awns, keeps,
harbors 'Or has charge 'Or control of, or permits mare than three
(3) dogs over five (5) months of age to be habitually lodged
or fed within such persan's house, yard, or premises and who
raises no more than two (2) litters of pups per year.
Person shall mean any individual, firm, assaciatian, part-
nership 'Or carporatian.
Restraint: A dog 'Off the premises 'Of its 'Owner's real
property is under restraint in the meaning 'Of this article:
(a) If it is cantrolled by a line or leash not mare than
six (6) feet in length, when said line or leash is held
by a campetent persan;
(b) When at "heel" of a competent person;
(c) When within a vehicle being driven, parked or stopped;
(d) When nat more than fifty (50) feet from a competent
person, if such dog is not annoying 'Or worrying any
human being or damestic animal or trespassing on
private property, 'Or in a public area where dags are
forbidden.
Competent person: A human being that is capable of con-
trolling and governing the dog in question and to whose com-
mand the dog is obedient. (Ord. Na. 8164, ~ 1, 6-28-71)
Supp. No. 13 281
~ 8-30
SALINA CODE
~ 8-32
Sec. 8-30. Dog fighting.
Every person who by words, sign or otherwise, sets any
dog or dogs to fight, or causes any dog to attack any other
dog, dogs or any other animal, or aids or abets or encourages
any dog fight; or by words, signs or otherwise sets on or
encourages any dog to attack or chase any human being not
engaged in malicious or criminal acts; or being the owner,
keeper or harborer of any dog knowingly permits such dog
to fight without endeavoring to prevent the same, shall be
guilty of a misdemeanor. (Ord. No. 8164, S 1, 6-28-71)
Sec. 8-31. Registration, vaccination requirements.
It shall be unlawful for any person living within the cor-
porate limits of the city to own any dog over five (5) months
of age without first having had the dog inoculated against
rabies and paying a registration fee. The registration and
anti-rabies inoculation shall then be set up on an annual basis.
The vaccination shall be accomplished by a licensed veterinar-
ian and a report of the same shall be forwarded to the city
clerk. The registration shall be accomplished at the office of the
city clerk of Salina, Kansas. (Ord. No. 8164, S 1, 6-28-71)
Sec. 8-32. Registration fees; purchase from city clerk between
March 1 and March 31 of each year.
Between March 1 and March 31 of each year the dog owner
shall register all dogs owned by him at the office of the
city clerk, and pay the following fees:
(a) Commercial kennels: The city clerk shall collect a
registration fee of two dollars ($2.00) for each dog
who resides in a commercial kennel, licensed by the
City of Salina, Kansas, in addition to the fees required
by section 8-45.
(b) Hobby breeders: The city clerk shall collect a registration
fee of two dollars ($2.00) for each dog owned by a
hobby breeder licensed by the City of Salina, Kansas,
in addition to the fees required by section 8-46.
(c) Other: The city clerk shall collect a registration fee of
two dollars ($2.00) for each dog whose owners reside
Supp. No. 13
282
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~ 8-32
ANIMALS AND FOWL
~ 8-33
(d)
within the corporate limits of the city, provided that
all dogs belonging to the same household shall be regis-
tered in the name of the head of such household; and
provided further, that if such household contains more
than two (2) dogs, then the city clerk shall collect a
registration fee of five dollars ($5.00) for each addi-
tional dog.
Registration fees shall be double the above fee if not
secured prior to the due date; provided, that any person
owning a dog at the time of the passage of this article
shall have thirty (30) days from that date to register
such dogs; and provided further, that new residents of
the city or persons acquiring a dog or owning a dog
that attains age of registration after March 1 of any
year shall have thirty (30) days in which to register
such dog at the regular fee.
All licenses issued by the city clerk between the first day
of January, 1971, and the passage of this article shall
be valid until March 31, 1972. (Ord. No. 8164, ~ 1,
6-28-71)
(e)
e
e
Sec. 8-33. Registration procedure.
(a) The city clerk upon presentation of a certificate of vac-
cination issued by a licensed veterinarian within twelve (12)
months prior to date of registration and payment of the fees
hereinbefore set out shall record the following information:
Owner's name and address; color, breed, sex, age, weight,
name (if any), date of vaccination of dog and type of anti-
rabies vaccine used. After recording said information, the
city clerk shall issue a license to said owner, and shall pro-
vide for each dog so vaccinated and registered a tag of metal
or other durable substance, having stamped or marked there-
on the registration number which corresponds to the number
of the registration record. This tag shall be kept on the dog
at all times.
(b) The city clerk shall between February 15 and February
28 of each year, cause public notice to be given of the regis-
tration period for dogs. (Ord. No. 8164, ~ 1,6-28-71)
Supp. No. 13
283
~ 8-34
SALINA CODE
~ 8-36
Sec. 8-34. Exception to registration provisions; requirements
for transient dogs.
The provisions of this article with respect to regsitration
shall not apply to any dog owned by any person temporarily
remaining within the city less than thirty (30) days, or any
dogs brought into the city for bench or show purposes, or
hunting dogs brought into the county for less than thirty (30)
days. Such dogs shall be kept under strict supervision of the
owner. It shall be unlawful to bring any dog into the city which
does not comply with laws of the State of Kansas regarding
the handling and importation of dogs. (Ord. No. 8164, ~ 1,
6-28-71)
Sec. 8-35. Running at large-Prohibited.
It shall be unlawful for the owner of any dog to permit such
dog to run at large within the corporate limits of the city
a t any time. Any dog shall be deemed to be running at large
when found off the premises of the owner and not under re-
straint. It shall be lawful for any city police officer or other
person duly appointed by the city manager to pursue and
capture such dog running at large. (Ord. No. 8164, ~ 1,6-28-71)
Sec. 8-36. Same-Impounding; disposition.
(a) Any dog found running at large within the city limits
may be captured or taken up by any police officer of the city
or other person duly appointed by the City Manager and im-
pounded in a place provided for that purpose by the city, and
a record of all dogs impounded with their description contain-
ing the following information: Color, sex, weight, height,
identifying marks, registration number or rabies vaccination
number, and date of impounding shall be kept. If the dog so
impounded has no current registration tag, as provided for
by section 8-33, it shall be kept for five (5) days and if within
that time, the owner does not appear to claim such dog, it
may be sold euthanized or otherwise disposed of. If within
five (5) days from the impounding date the owner of an im-
pounded dog shall appear and claim such dog, such dog shall
be turned over to the person claiming it upon payment of an
impounding fee of five dollars ($5.00) if picked up within
Supp. No. 13
284
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~ 8-36
ANIMALS AND FOWL
~ 8-36
twenty-four (24) hours and two dollars and fifty cents ($2.50)
for each additional day or portion thereof said dog remains
impounded and compliance with the requirements of sections
8-32 and 8-33.
(b) Any impounded dog which has not been claimed within
the five (5) day limit may be sold to any person and that
person shall be required to have the dog duly registered and
inoculated as provided for by sections 8-32 and 8-33, such
dog shall not be sold for less than five dollars ($5.00), plus
one dollars ($1.00) for each day such dog has been impounded.
(c) If the dog so impounded has a current registration tag
attached to it, the owner of such dog, as shown by the records
of the city clerk, shall be notified as soon as possible within
a five (5) day impounding period. If the owner cannot be lo-
cated within a period of five (5) days after impounding, the
health officer shall be notified and he shall have another five
(5) days time in which to find or locate the dog's owner.
If at the end of ten (10) days impounding period neither the
poundkeeper nor the health officer have been able to find or
locate the owner, then the dog may be sold, euthanized or
otherwise disposed of.
(d) If the dog so impounded has a current registration
tag and the owner is duly notified but refuses to redeem the
dog within a period of five (5) days from the date of im-
poundment, then the dog may be sold, euthanized or otherwise
disposed of.
(e) If the dog so impounded does not have a current regis-
tration tag and a rabies vaccination certificate, and the same
is reclaimed by the owner then the impounding officer shall
give to said owner a registration form, a duplicate of which
shall be sent to the city clerk, and such owner shall have
three (3) days in which to comply with sections 8-32 and 8-33
of this article. If the owner redeeming said dog fails to com-
ply with sections 8-32 and 8-33 within three (3) days then
such dog shall be seized and reimpounded and the owner shall
have five (5) days to comply with sections 8-32 and 8-33.
If the owner has not complied within the additional five (5)
days said dog shall be subject to disposal under subsection
(d) hereof.
Supp. No. 13
285
~ 8-36
SALINA CODE
~ 8-40
(f) The payment of an annual registration fee and the
wearing of a current tag shall not prevent the impounding,
sale, euthanization or other disposition of any dog found run-
ning at large in violation of section 8-36 when the other pro-
visions of this section have been carried out. (Ord. No. 8164,
S I, 6-28-71)
Sec. 8-37. Same-Use of tranquilizer gun authorized; killing
authorized.
Any law enforcement officer, trained in the use of the tran-
quilizer gun, shall be authorized to take up and impound
stray dogs and to use a tranquilizer gun, and is further au-
thorized to kill any stray dog which it is impractical or im-
possible to capture and that is endangering persons, other ani-
mals and/or property. (Ord. No. 8164, S 1, 6-28-71)
Sec. 8-38. Keeping vicious dogs prohibited; disposal.
It shall be unlawful for any person to keep or harbor any
vicious dog within the city. Dogs determined to be vicious shall
be enuthanized or otherwise disposed of by order of the
chief of police. (Ord. No. 8164, S 1, 6-28-71)
Sec. 8-39. Entering building prohibited.
No dogs shall be allowed to enter any theatre, store, or
other public building in the city, whether accompanied by its
owner or person in charge or otherwise, except in the case of
a person legally blind who has charge of and is accompanied
by a seeing eye dog, as defined by state statute. Provided
however, that the proprietor of a hotel or motel may permit a
pet dog or dogs therein. This section shall not apply to the
operator of a pet shop or related business. (Ord. No. 8164,
S 1, 6-28-71)
Sec. 8-40. Impounding or confinement of rabies suspects.
Any dog which is suspected of having rabies, or any dog
which has bitten a person and has thereby caused a lacera-
tion of the skin of such person, shall be seized and confined
in a veterinary hospital for a period of ten (10) days, pro-
Supp. No. 13
286
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~ 8-40
ANIMALS AND FOWL
~ 8-43
vided however, the period of confinement may be shortened
at the discretion of the veterinarian. All expenses incurred
during period of confinement in a veterinary hospital shall
be borne by the owner. If any dog so impounded is not claimed
by the owner within the ten (10) day period, then the veteri-
narian shall at the termination of the ten (10) days transfer
said dog to the impounding facilities of the city where such
dog shall be disposed of according to the provisions of sec-
tion 8-36. (Ord. No. 8164, S 1, 6-28-71)
Sec. 8-41. Dogs bitten by rabid animals.
Any dog bitten by a known rabid animal shall be seized
and confined in a veterinary hospital and shall be treated in
accordance with the report of the World Health Organization
Expert Committee on Rabies. (Ord. No. 8164, S 1, 6-28-71)
Sec. 8-42. Disturbing the peace.
It shall be unlawful for the owner of any dog to carelessly,
inattentively, willfully or maliciously permit such dog to dis-
turb the peace and quiet of the neighborhood, or to permit
such dog to howl, bark or yelp so as to disturb the peace and
quiet of the neighborhood. It shall be prima facie that such
dog was disturbing the peace, if a complaint is made by the
land owners or occupants of two or more of the premises ad-
jacent to the property whereon such dog is located. (Ord.
No. 8164, S 1, 6-28-71)
Sec. 8-43. Maintenance requirements.
(a) Cleanliness: It is hereby declared to be a nuisance
and unlawful for any person to maintain any dog or dogs
in an area that is not at all times clean, dry and sanitary and
free from excessive debris, garbage, water and offen give
odors, and all yards and pens shall be cleaned daily.
(b) Storage of excreta: Excreta from pens, if stored on
the premises of a dog owner, shall be stored in adequate
container with a fly tight lid.
(c) Drainage of premises: All dog pens and yards shall
be so located that an adequate drainage is obtained and normal
drying occurs and standing water is avoided.
Supp. No. 13
287
~ 8-43
SALINA CODE
~ 8-45
(d) Inspection by health officer: All premises on which
dogs are kept shall be subject to inspection by the health offi-
cer or his representative. If the health officer determines
from such inspection that the premises are not being main-
tained in a clean and sanitary manner, he shall notify the
owner or keeper of the dog or dogs in writing to correct
the sanitation deficiencies within twenty-four (24) hours
after notice is served on him. Any person failing to comply
with the requirements of the health officer shall be guilty of a
misdemeanor. (Ord. No. 8164, S 1, 6-28-71)
Sec. 8-44. Right of entry.
It shall be unlawful for any person to conceal an animal
or interfere with the police or persons designated by them
in the performance of their legal duties, as provided in this
article. The police or persons designated by them shall have
the right of entry onto any unenclosed lots or lands for the
purpose of collecting any dog which is on such lot or land in
violation of this article and whose presence on such lot or land
constitutes a violation of any of the provisions hereof, or whose
presence or existence is a violation of the provisions of this
article. The police or their duly appointed representatives
shall have the right of entry to any property or premises with-
in any quarantined area during the period of such quarantine
for the purpose of examining or obtaning any dog or other
animal suspected of having rabies, having been exposed to
rabies or having bitten a person or other animal. (Ord. No.
8164, S 1, 6-28-71)
Sec. 8-45. Operating kennel with city; license required.
It shall be unlawful for any person, either as owner or
agent, representative, employee or bailee of an owner to op-
erate a commercial kennel within the City of Salina in any dis-
trict without first having obtained a special license therefor.
Any person desiring to obtain a license to operate a kennel
within the city shall file an application with the city clerk
and pay an application fee of one hundred dollars ($100.00).
The city clerk shall refer the application to the city-county
health department which shall cause the proposed premises to
Supp. No. 13
288
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~ 8-45
ANIMALS AND FOWL
~ 8-46
be investigated and file a written report and recommendation
with the city clerk. If the application is approved by the city-
county health department, the city clerk shall grant the appli-
cant a license to operate a kennel upon his premises upon
such conditions as the city-county health department shall
specify in the report. Any license granted by the city clerk
hereunder shall be subject to revocation in the event said
applicant shall fail to comply with the terms and conditions of
said license, or if the operation of said kennel becomes a
nuisance, health hazard or detrimental to the safety and
general welfare of the residents of the city. Any person ag-
grieved by the denial of a license by the city clerk or the
revocation thereof may appeal to the board of commissioners
who may either grant such a license, reinstate a revoked li-
cense or affirm the denial of the city clerk. (Ord. No. 8164, ~ 1,
6-28-71)
Sec. 8-46. Operating as a hobby breeder within city; permit
required.
It shall be unlawful for any person, either as owner or
agent, representative, employee or bailee of an owner to op-
erate as a hobby breeder within the limits of the City of
Salina in any district classified as AA, A, B, or C without first
having obtained a special permit therefor. Any person desiring
to obtain a permit to operate as a hobby breeder within said
districts of the city shall file an application with the city clerk
and pay an application fee of ten dollar!'; ($10.00). The city
clerk shall refer the application to the city county health de-
partment which shall cause the proposed premises to be in-
vestigated and file a written report and recommendation with
the city clerk. If the application is approved by the city-county
health department the city clerk shall grant the applicant per-
mission to operate as a hobby breeder upon his premises
upon such conditions as the city-county health department
shall specify in the report. Any permit granted by the city
clerk hereunder shall be subject to revocation in the event said
applicant shall fail to comply with the terms and conditions
of said permit, or if the operation of said kennel becomes a
nuisance, health hazard or detrimental to the safety and gen-
eral welfare of the residents of the city. Any person aggrieved
Supp. No. 13
289,
~ 8-46
SALINA CODE
~ 8-50
by the denial of a permit by the city clerk or the revocation
thereof may appeal to the board of city commissioners who
may either grant such a permit, reinstate a revoked permit
or affirm the denial of the city clerk. (Ord. No. 8164, ~ 1,
6-28-71)
Sec. 8-47. Imported dogs; registration; transfering registra-
tion.
All dogs brought into the City of Salina, Kansas, shall
comply with rabies vaccination requirements. If said imported
dog remains more than thirty (30) days, said dog shall be
registered in accordance with the provisions of this article.
Any legally accepted certificate of rabies vaccination, the ini-
tial and residual efficiency of which has been approved by thE
city-county health department, shall be exchanged for a cur,
rent vaccination registration certificate and tag upon paymem,
of the fees. (Ord. No. 8164, ~ 1, 6-28-71)
Sec. 8-48. Imported dogs or pups; resale.
(a) It shall be unlawful for any person, firm, or corpora-
tion to import dogs or pups into the City of Salina, Kansas,
for the purpose of resale without obtaining from the original
owner a notarized certificate showing the date of birth of said
dog or pup, and the name and address of the original owner,
or a health certificate from a licensed veterinarian, which
certificate shall be transferred to the purchaser of said dog
or pup from the importer or person reselling the same.
(b) It shall be unlawful to sell any imported dog unless
the same has first been inoculated against rabies and a cer-
tificate of vaccination issued. (Ord. No. 8164, ~ 1, 6-28-71)
Sec. 8-49. Female dogs; confinement.
A female dog shall be kept securely confined in an enclosed
place while in heat. (Ord. No. 8164, ~ 1, 6-28-71)
Sec. 8-50. Violation of article; penalties.
The violation of, failure to comply or the committing of any
act prohibited in any provision of this act [article] shall
Supp. No. 13
290
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~ 8-50
ANIMALS AND FOWL
constitute a misdemeanor and any person convicted of vio-
lating the provisions of this ,act [article] shall be punished
in accordance with the provisions of section 1-8 of The Salina
Code. (Ord. No. 8164, ~ 1, 6-28-71)
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[The next page is 311]
291
~ 8-50
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BUILDINGS AND STRUCTURAL APPURTENANCES*
Chapter 9
e
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
VIII.
I.
II.
III.
IV.
V.
VI.
In General, ~~ 9-1-9-17
Building Code, ~~ 9-18-9-38
A wnings, Canopies and Marquees, ~.~ 9-39-9-62
Signs, ~~ 9-63-9-86
T.V. and Radio Towers and Antennae, ~~ 9-87-9-107
Electrical Code, ~~, 9-108-9-199
Div. 1. Generally, ~~ 9-108-9-129
Div. 2. Contractors, ~~ 9-130-9-144
Div. 3. Electrical Mechanics, ~~ 9-145-9-159
Div. 4. Permits and Inspections, ~~ 9-160-9-178
Div. 5. Standards, ~~ 9-179-9-199
Plumbing Code, ~~. 9-200-9-239.3
Div. 1. Generally, ~~ 9-200~9-205
Div. 2. Plumbers, ~~ 9-206-9-225
Div. 3. Appeals, ~~ 9-226-9-233
Div. 4. Standards, ~~ 9-234-9-239.3.
Gas Code, ~~ 9-240-9-323
Div. 1. Generally, ~ 9-240
Div. 2. Gas Fitters, ~~ 9-241-9-254
Div. 3. Standards, ~~ 9-255-9-323
Moving Dwellings, ~~ 9-324-9-345
Fences, Walls and Hedges, ~~ 9-346-9-366
Sandblasting, ~~ 9-367-9-383
Elevators and Elevator Installations, ~~ 9-384-9-400
Screening Standards, ~!i 9-401-9-410
Mobile Home Contractors and Craftsmen, ~~ 9-411-9-439
Ml!chanical 'Code, ~~ 9-440-9-449.3
One and Two Family Dwelling Code, ~~ 9-450-9-459
Code for Abatement of Dangerous Buildings, ~ 9-460
VII.
ARTICLE I. IN GENERAL
Sec. 9-1. Board of appeals.
In accordance with the prOVISIOns of Section 204 of the
Uniform Building Code, which the city has adopted by refer-
*Cross references-For creation of building department, see ~ 2-94
(4)(c); for duties of building department inspectors generally, see
!i 2-143; for air pollution, see Ch. 4; for dangerous buildings, see ~ 12-60
et seq.; for fire prevention, see !i 12-76 et seq.; for unhealthful struc-
tures, see: 15-24 et seq.; for housing, see Ch. 16; for mobile homes and
Supp. No. 25
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313
~ 9-1
SALINA CODE
~ 9-4
ence, 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. (Ord.
No. 6805, ~ 1,8-3-64)
Cross references-For board of appeals for air pollution, see ~ 4-14;
for board of appeals for sign construction, see ~ 9-65; for board of
housing code appeals, see ~ 16-32 et seq.
See. 9-2. Reserved.
Editor's note-Ord. No. 8740, ~ 1, enacted Sept. 10, 1979, repealed
~ 9-2, dividing the city into three fire zones. Said section was derived
from Ord. No. 8107, ~~ 1-4, adopted Oct. 5, 1970.
Sees. 9-3, 9-4. Reserved.
mobile home courts, see Ch. 21; for private swimming pools, see ~ 25-29
et seq.; for obstructing streets in the course of building construction, ~
32-40; for numbering of buildings, ~ 32-100 et seq.; construction or
excavations endangering flood protection works, ~~ 13-11 et seq.
[The next page is 314.5]
Supp. No. 25
314
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~ 9-5
BUILDINGS, STRUCTURAL APPURTENANCES
~ 9-8
Sec. 9-5. Payment of fees.
All fees required to be paid by this chapter shall be paid
to the city clerk and no permit required hereunder shall be
valid until the fee therefor has been paid to the city clerk.
Sec. 9-6. License suspended if inspection fee not paid.
Wherever in this chapter an inspection fee is required, and
said fee is not paid on or before the tenth of the month
following the making of said inspection, the license of the
person liable for said fee shall be suspended until such time
as the fee is paid.
Sec. 9-7. Notices of violation.
All notices of violations issued by the building inspection
department shall be in writing and shall contain a specific
period of time allotted for compliance. (Ord. No. 8220, ~ 1,
5-31-72)
Sec. 9-8. Building code advisory board.
Sec. 9-8(1). Created. There is hereby established a build-
ing code advisory board to act in an advisory capacity to the
board of city commissioners of the City of Salina, Kansas,
with reference to the building codes of the City of Salina.
Sec. 9-8(2). Duties. The said building code advisory board
shall :
(a) Study all uniform codes and local ordinances adopted
by the City of Salina, Kansas, with reference to the
building industry, both residential and commercial, and
make recommendations to the board of city commis-
sioners relative to the updating of the building codes of
the city.
(b) Act in an advisory capacity to the building board of
appeals and to the zoning board of appeals.
(c) Act in an advisory capacity to the board of commis-
sioners on any request for ordinance changes affecting
the building codes of the city.
Supp. No. 18
314.5
~ 9-8
SALINA CODE
~ 9-18
Sec. 9-8(3). Members, appointment, terms. The said board
shall consist of ten (10) members who shall be appointed
by the mayor, subject to the approval of the board of commis-
sioners. Said board shall be composed of one licensed archi-
tect, one licensed structural engineer, one attorney, one real-
tor, one plumbing contractor, one electrical contractor, one
licensed mecahnical engineer, one heating and air conditioning
contractor, one home building contractor, and one general con-
tractor. The building, plumbing and electrical inspectors of
the City of Salina, Kansas, 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.
Sec. 9-8(4). Officers, bylaws. The board shall annually or-
ganize 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.
Sec. 9-8(5). Compensation. Members shall serve without
compensation from the city for their services as such mem-
bers, but this limitation shall not preclude a member or its
firm from receiving compensation from the city under com-
petitive contracts for services which would be performed for
other departments or agencies of the City of Salina. (Ord.
No. 7060, SS 1-5, 5-27-68)
Editor's note-Ord. No. 7060, ~~ 1-5, did not expressly amend this
Code, hence its codification as ~ S-8 was in the editor's discretion. Catch-
lines were added by the editors to facilitate indexing and reference.
Sees. 9-9-9-17. Reserved.
ARTICLE II. BUILDING CODE
See. 9-18. Uniform Building Code adopted.
There is hereby adopted, by reference, by the city for the
purpose of providing minimum standards to safeguard life
or limb, health, property, and public welfare by regulating
and controlling the design, constructio'n, quality of materials,
use and occupancy, location and maintenance of all buildings
and structures within the city and certain equipment specifi-
Supp. No. 18
314.6
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~ ,9-18
BUILDINGS, STRUCTURAL APPURTENANCES
cally regulated therein, that certain building code known as
the Uniform Building Code, recommended and published by
the International Conference of Building Officials, being par-
ticularly 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 incorporated as fully as if set out at length herein
and the provisions thereof shall be controlling in the construc-
tion of all buildings and structures therein contained within
the corporate limits of the city. (Code 1960, ~ 8-201; Ord. No.
7002, ~ 1, 7-10-67; Ord. No. 8043, ~~ 1, 2, 8-25-69; Ord. No.
8108, ~ 1, 10-5-70; Ord. No. 8226, ~S 1, 2, 6-5-72; Ord. No.
8328, ~ 1, 1-7-74; Ord. No. 8531, 9 1, 1-3-77; Ord. No. 8741,
9 1, 9-10-79)
Sec. 9-19. Definitions for code.
Sec. 9-19(1). City. Wherever the word "city" is used in the
building code, it shall be held to mean the City of Salina.
Sec. 9-19(2). Corporation counsel. Wherever the term "cor-
poration counsel" is used in the building code, it shall be held
to mean the attorney for the city. (Code 1960, S 8-207)
Sec. 9-20. Office of official established.
The office of building official is hereby created and the
executive official in charge shall be known as the building
official. (Code 1960, S 8-202)
Sec. 9-21. Appointment, tenure of official.
The building official shall be appointed by the city manager.
His appointment shall continue during good behavior and sat-
isfactory service. (Code 1960, S 8-202)
Sec. 9-22. Filling temporary vacancy in office of official.
During temporary absence or disability of the building
official, the appointing authority shall designate an acting
building official. (Code 1960, ~ 8-202)
Supp. No. 25
315
~ 9-~2
~ 9-23
SALIN A CODE
~ 9-25
Sec. 9-23. Qualifications of official.
To be eligible to appointment, the candidate for the position
of building official shall have had experience as an architect,
structural engineer, building inspector or superintendent of
building construction. He shall be in good health, physically
capable of making the necessary examinations and inspec-
tions. He shall not have any interest whatever, directly or
indirectly, in the sale or manufacture of any material, process
or device entering into or used in or in connection with build-
ing construction, alteration, removal and demolition. (Code
1960, S 8-203)
Cross reference-Duties of building department inspectors generally,
S 2-134.
Sec. 9-24. Powers, duties of officials.
The powers and duties of the building official shall be as
set forth in the Uniform Building Code, hereinabove adopted.
(Code 1960, S 8-204)
Sec. 9-25. Permit fees.
Sec. 9-25(1). No permit, as required by the building code,
shall be issued until the fee prescribed in this article shall
have been paid; nor shall an amendment to a permit be
approved until the additional fee, if any, due to an increase
in the estimated cost of the building or structure, shall have
been paid.
Sec. 9-25 (2) (a). For a permit for the construction or al-
teration of a building or structure, the fee shall be computed
as follows:
Residential:
First 10,000 square feet of floor area _m______$0.03 per sq. ft.
Per square foot exceeding 10,000 ____________________ 0.02 per sq. ft.
Provided that there shall be a minimum
building permit of _______m_m____m_______________ 4.00
Commercial:
First 10,000 square feet of floor area ___m____ 0.04 per sq. ft.
Next 10,000 square feet of floor area ________m_ 0.02 per sq. ft.
Per square foot exceeding 20,000 ___________m__m_ 0.01 per sq. ft.
Supp. No. 25
316
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~ 9-25
BUILDINGS, STRUCTURAL APPURTENANCES
~ 9-28
Sec. 9-25(2) (b). For a permit for the remodeling or re-
pairing of a building or structure where square footage is not
applicable, the fees shall be computed as follows:
First $1,000.00 or fraction thereof mn___~_m_m__u__m____$3.00
For each additional $1,000.00 or fraction thereof ___~ 1.50
Sec. 9-25(3). For a permit for the removal of a building or
structure to a new location within the same or adjacent lot,
the fee shall be one-half Ph) of that prescribed above for new
construction.
Sec. 9-35 ( J,.). For a permit for the demolition of a building
or structure, a fee shall be at the rate of five dollars ($5.00)
for a residential structure and twenty-five dollars ($25.00)
for a commercial structure.
Sec. 9-25(5). In case of abandonment or discontinuance
the cost of wo.rk performed under a permit may be estimated,
and adj ustment of the fee made and the portion of the fee for
uncompleted work returned to the permit holder: Provided,
that no refund of a prescribed minimum fee shall be made.
If such discontinuance is due to revocation of permit, a similar
adjustment and return may be made: Provided, that no
refund shall be made until all penalties incurred or imposed by
due authority have been collected. After such a refund has
been made, no work shall be resumed until a new application
has been made and a new permit has been issued. (Code 1960,
~ 8-209; Ord. No. 8044, ~~ 1, 2, 8-25-69; Ord. No. 8408, ~ 1,
~ 1, 1-6-75)
Sec. 9-26. Reserved.
Editor's note-Ord. No. 8148, ~ 1, adopted March 15, 1971 repealed
former ~ 9-26 declaring the city to be in Seismic Zone "0" for the
purpose of loading calculations of the Uniform Building Code.
Sec. 9-27. Reserved.
Editor's note-Ord. No. 8149, ~ I, adopted March 15, 1971, repealed
former ~ 9-27 relating to design calculations for snow and wind and
materials for and depth of footings and foundations. Said section was
derived from Ord. No. 8045, *~ 1 and 2, adopted Aug. 25, 1969.
Sec. 9-28. Reserved.
Editor's note-Ord. No. 8150, ~ I, adopted March 15, 1971, repealed
former ~ 9-28 providing that violations of the article be punished as
provided in ~ 1-8 of this Code.
Supp. No. 19
317
~ 9-29
SALINA CODE
~ 9-39
Sees. 9-29-9-38. Reserved.
ARTICLE III. AWNINGS, CANOPIES AND MARQUEES
Sec. 9-39. Classifications and definitions.
In the construction of this article, the following classifica-
tions and definitions shall apply:
Sec. 9-39(1). Awning. The roof-like shelter carried by a
supporting frame or arms attached to a building and so ar-
ranged that the shelter and frame may be folded or rolled
up to the face of the building to which it is attached.
Sec. 9-39(2). Marquee. An overhanging flat roof-like pro-
jection or covering of rigid material and construction.
Sec. 9-39(3). Permanent awning. A sloping roof-like pro-
jection of light weight rigid construction supported from a
building without posts and used for the outside protection
of a door, window or other opening.
Sec. 9-39(4). Supported canopy.' A covering of canvas or
other combustible material used solely for temporary shelter
for a door or walk and carried by a frame supported by tht
ground or sidewalk.
Sec. 9-39(5). Suspended canopy. A covering of canvas or
other combustible material rigidly supported by a metal frame
attached to a building and suspended over an entrance solely
for a shelter or for protection.
Sec. 9-39(6)~ Venetian awning. An awning, shutter or
louver of metal, wood or other rigid material fabricated into
sheets, strips or slats somewhat similar to a Venetian blind,
erected to shade or form an outside protection to a window,
door or other building opening.
Sec. 9-39(7). Other. Any construction erected primarily for
shade or protection from the elements and which projects into
any public area or is liable to endanger persons using public
streets or alleys, and which is not mentioned or defined spe-
cifically herein or about which there is any question, shall be
classified by the building official. (Code 1960, ~ 8-301)
Supp. No. 19
318
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~ 9-40
BUILDINGS, STRUCTURAL APPURTENANCES
Sec. 9-40. Permits required; fees.
No supported canopy which is to be in place more than
twenty-four (24) hours and no suspended canopy or marquee
shall be added to, altered or erected over the streets, sidewalks
or alleys of the city until a permit has been secured from the
building official. The fee for such permits shall be three dol-
lars ($3.00). No awning or permanent awning shall be added
to, altered or erected over the streets, sidewalks or alleys of
the city until a permit has been secured from the building
official. The fee for such permit shall be three dollars ($3.00).
Such fees shall be paid prior to the issuance of the permit or
the erection of the suspended or supported marquee, awning
or permanent awning. (Code 1960, ~ 8-302; Ord. No. 8409,
1, 1-6-75)
Cross reference-Fee for permits when not obtained in time. ~ 1-11.
Sec. 9-41. Revocation of permits.
Any permit granted to erect awnings, permanent awnings.
canopies or marquees or portion thereof 80 as to project into
a public street or alley is revocable by the city when, in the
judgment of the board of commissioners, it is for the best
interest of the city that such permits be revoked. (Code
1960, ~ 8-307)
Sec. 9-42. Awnings regulated generally.
Sec. 9-42(1). Awnings over public areas in the city shall
be arranged without posts and shall provide a clearance of
not less than seven (7) feet from the sirlewalk to the lowest
point of the framework, and no part of such awning cover,
including any fringe, apron, skirt, valance or drop, shall be
less than six (6) feet six (6) inches above the surface of thE!
sidewalk immediately below when the awning is lowered for
use, except the bottom of awning covers enclosing the ends
of awnings shall be not less than six (6) feet eight (8) inches
above the surface of the sidewalk. No awuing less than four-
teen (14) feet above the street, alley or sidewalk shall be
closer to the vertical plane of the curb than two (2) feet and
in no case shall any awning project from the face of thE!
building more than eight (8) feet.
Supp. No. 19
318.1
~ 9-42
* 9-42
SALINA CODE
* 9-43
Sec. 9-42(2). All fixtures such as lateral arms, center sup-
ports, gears and pin ends shall be fastened to steel backing
where available by drilling and bolting through from the back
when possible, or drilling, tapping and fastening with not
less than three-eighths (%) inch machine bolts. Where wood
backing only is available, bolt through from the back wher-
ever possible using large washers under heads of bolts; other-
wise use large screws from front at lea:;t four (4) inches
long. When anchorage is to be made in brick, stone or terra
cotta, use approved expansion bolts. Lock washer to be used
on all bolts.
Sec. 9-42(3). Every awning shall be rolled or folded against
the building except when serving as a protection from sun,
rain, snow or other inclement weather. (Code 1960, ~ 8-303)
Sec. 9-43. Re~ulation for fahric-covered awning construc-
tion.
Sec. !)-43 (1). For fabric-covered a\vning construction, pipe
rollers shall be not less than one and one-half (1 %) inches
inside diameter galvanized steel pipe, or one and one-half
(11/:!) inches outside diameter seamless steel tubing. On pipe
rollers over twenty (20) feet in length where it becomes
necessary to join two (2) or more sections together, splicing
must be effected by using cast steel gudgeons, roller ends to
be properly riveted to same. This also 2pplies to pin end
gudgeons. Metal rollers shall be drilled or perforated with
Supp. No. 19
318.2
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~ 9-43 BUILDINGS AND STRUCTURAL APPURTENANCES S 9-43
holes of a size to make a driving fit with roofing nails (about
one-eighth (:ys) inch) . These holes to be spaced not over
three (3) inches center to center for the first three (3) holes
on each end, spacing between to be approximately six (6)
inches center to center. Fabric covering shall be attached to
a metal roller by means of large-headed roofing nails fitted
solidly into these holes.
Sec. 9-43(2). When using steel rollers, no center supports
shall be necessary on awnings under twenty (20) feet. Over
twenty (20) feet, center supports shall be spaced as follows:
NUMBER OF SUPPORTS
A WNING LENGTHS NECESSARY
20 to 30 feet -__ n _ ________ ____m_______ 1
30 to 40 feet --------- __ ____ _ _____ __________ 2
40 to 60 feet ---------____________ ----------______n_____ 3
And one additional center support for each additional
fifteen (15) feet or fraction thereof.
Sec. 9-43(3). On awnings having an extension of four (4)
feet or more from points of fastening on building, three-
fourths (%) inch inside diameter galvanized pipe extension
arms shall be used. No extension bars shall be used less than
five-eighths (%) inch in diameter and shall be galvanized.
Sec. 9-43(4). Two arms shall be used for awnings not over
twenty (20) feet in length. On awnings over twenty (20)
feet, a center arm must be provided for each additional eight
(8) feet or fraction thereof added to the length of the awning.
Sec. 9.:.43(5). Awnings suspended on lateral arms shall re-
quire number of arms as per following schedule:
NUMBER OF ARMS
A WNING LENGTHS REQUIRED
o to 22 feet _______ 2
2:2 to 30 feet ------______________________________ 3
30 to 40 feet ---_______________ 4
And one additional arm for each ten (10) feet or fraction
thereof thereafter.
319
~ 9-43
SALINA CODE
9 9-44
Sec. 9-43(6). Wherever possible an even number of lateral
arms shall be used.
Sec. 9-43 (7). Front bars shall be galvanized one (1) inch
inside diameter or Grade A Clear Fir or comparable timber
dressed to size two (2) inches by three (3) inches and corners
properly beveled.
Sec. 9-43(8). Roller awnings shall be operated by self-
locking, steel cut, worm-type gear fixtures.
Sec. 9-43(9). Roller sprocket wheels and link chains are
not permitted.
Sec. 9-43(10). The design, construction and erection details
of all awnings, other than those herein;;;pecifically provided
for, shall be submitted to the building official for approval
before erection work is started. (Code 1960, ~ 8-303)
Sec. 9-44. Regulations for Venetian awnings.
Sec. 9-44(1). No Venetian awning, shutter or louver of
metal, wood or other rigid material shall be erected or main-
tained in such a way that it will impede the entrance into
the building of members of the fire department, or in such
a manner that it will bar the way of persons seeking to
escape from fire or panic in a building, and no shutter or
louver of this type shall be placed in ~my opening giving
access to a fire escape or other intended means of escape.
No fixed frame shall be placed on any window or door open-
ing in an assembly hall or public building hallway in an apart-
ment or hotel building, but nothing shall prohibit the erection
of such an awning on these openings provided they can be
opened as provided in section 9-44 (2).
Sec. 9-44(2). Any awning, shutter or louver of metal, wood
or other rigid material attached to the windows of a building
above the first story shall be arranged in such a manner that
it may be easily opened so as to afford easy ingress and
egress, and such awning, shutter or louver f,hall be constructed
so that it may be easily opened from both the inside and
outside without any special tool and without special knowledge
or skill. No awning, shutter or louver of metal, wood or other
320
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* 9-44 BUILDINGS AND STRUCTURAL APPURTENANCES !\ 9-46
rigid' material weighing over one (1) pound per square foot
shall be attached to the wood jambs, frames or other wood
members of a building (frame buildings excepted) when such
building is within ten (10) feet of public property. All
Venetian awnings erected above the first story shall be
equipped with at least one safety chain securely fastened to
the awning and frame. (Code 1960, S 8-303)
e
Sec. 9-45. Regulations for suspended canopies.
Suspended canopies shall be supported throughout by metal
framework. They may extend over public sidewalks or park-
ing portions of a public street to a distance not to exceed
twelve (12) feet but in no case shall the outer edge of a sus-
pended canopy be closer to the vertical plane of the curb
than two (2) feet and in no case shall it be over ten (10)
feet in width measured parallel to the building. The ground
area of a suspended canopy shall not exceed ninety (90) square
feet. All such suspended canopies shall be securely and rigidly
supported and maintained so that no part of the frameworks
of such suspended canopy shall be less than eight (8) feet
above the surface of the sidewalk immediately below and no
part of such canopy covering, including any fringe, apron,
skirt, valance or drop shall be less than seven (7) feet three
(3) inches above the surface of the sidewalk immediately
below. (Code 1960, S 8-303)
.
Sec. 9-46. Regulations for supported canopies.
A supported canopy may be erected for a period of not
to exceed seven (7) days when approved by the building
official: Provided, that the fee is paid and the permit is
secured: Provided however, that a supported canopy may be
erected for a period of not to exceed twenty-four (24) hours
and no permit or fee will be required. All supported canopies
shall be adequately supported and braced and shall be safely
maintained and well lighted at night, and the abutting prop-
erty owners shall save the city harmless from all claims of
every kind or nature arising out of the erection, use and dis-
mantling of such canopy over public property. (Code 1960,
S 8-303)
321
~ 9-47
SALINA CODE
~ 9-50
Sec. 9-47. Regulations for marquees.
Marquees extending over public property shall have their
main framework and support of noncombustible material and
shall be designed by a structural engineer and approved by the
building official. They shall have a clearance of at lea'St eight
(8) feet above public property, and shall not extend closer
to the vertical plane of the curb than two (2) feet. The roof
shall be so drained as not to discharge water upon the side-
walk. (Code 1960, ~ 8-303)
Sec. 9-48. Regulations for permanent awnings.
A permanent awning, extended over public property, shall
be of rigid' construction, so designed that the roof portion shall
be partly open to insure release of air pressure built up under
the awning. The 'Structure shall be well braced and securely
fastened to the building to which it is attached. The method
of construction and attachment shall be approved by the
building official. No part of any permanent awning shall be
closer to the public walkway below than eight (8) feet nor
shall it extend more than eight (8) feet from the face of
the building to which it is attached. No awning of this de-
scription within fourteen (14) feet of the walkway shall be
closer than two (2) feet from the vertical plane of the curb.
(Code 1960, ~ 8-303)
Sec. 9-49. Interfering with fire escapes or utilities prohib-
ited.
Provision shall be made that suspended or supported
canopies, permanent awnings or marquees shall not interfere
with fire escapes or with public utilities. (Cod'e 1960, S 8-304)
Sec. 9-50. Projections over alleys.
All awnings, permanent awnings, canopies and marquees
which project over public alleys shall, in addition to comply-
ing with the requirements provided for in sections 9-42
through 9-48, be at least fourteen (14) feet above the surface
of the alley immediately below. (Code 1960, ~ 8-305)
322
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~ 9-51
BUILDINGS, STRUCTURAL APPURTENANCES
Sec. 9-51. Applicability to existing structures.
The provisions of this article shall not apply to awnings,
marquees or canopies heretofore erected in accordance with
ordinances then in effect, but when recovers, renewals, re-
placements, repairs or structural changes are made to such
awnings, canopies or marquees, they shall be brought into
full compliance with the provisions of this article. (Code
1960, ~ 8-306)
Sec. 9-52. Violations.
It shall be unlawful for any person to construct, erect, en-
large, alter, repair, use or maintain any awning, Venetian
awning, suspended canopy, supported canopy, marquee or
permanent awning contrary to any provisions of this article.
Any person violating any of the provisions of this article
shall be deemed guilty of a misdemeanor. (Code 1960, ~ 8-308)
Sees. 9-53-9-62. Reserved.
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ARTICLE IV. SIGNS*
Sec. 9-63. Uniform Sign Code adopted.
There is hereby adopted, by reference, by the city for the
purpose of providing minimum standards to safeguard life,
health, property, and public welfare by regulating and con-
trolling the design, quality of materials, construction, location,
electrification, and maintenance of all signs and sign struc-
tures not located within a building, that certain sign code
known as the Uniform Sign Code recommended and published
by the International Conference of Building Officials, being
particularly the 1979 Edition thereof, and the whole thereof,
and except such portions as are hereinafter deleted, 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 incorporated herein as fully as if set out at
length herein and the provisions thereof shall be controlling
*Cross reference-For advertising generally, see Ch. 3.
Supp. No. 25
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323
~ 9-63
~9-63
SALINA CODE
~ 9-66
in the construction and erection of all signs within the cor-
porate limits of the city. (Ord. No. 8146, 99 1, 2, 3-15-71;
Ord. No. 8330, 9 1, 1-7-74; Ord. No. 8535, 9 1, 1-3-77; Ord.
No. 8742, 9 1,9-10-79)
Sec. 9-64. Enforcement.
The building official or his designated assistant is hereby
authorized and directed to enforce all the provisions of this
article.
Sec. 9-65. Board of appeals.
The board of appeals provided for in Section 204 of the
Uniform Building Code, incorporated by reference in section
9-18 of this Code, is hereby made a board of appeals for this
article relating to signs, with the same procedure and with
the same powers as provided in said Section 204. (Code 1960,
9 8-413)
Cross reference-For board of appeals, ~ 9-1.
Sec. 9-66. Permit required; application; exception.
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
chief building inspector or his authorized assistant. No such
permit shall be issued by said inspector until an application
has been filed in his office showing the plans and specifica-
tions, including stress diagrams or tabulated stresses, dimen-
sions, materials, and details of construction, together with
complete details showing methods of anchoring 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
obtaining a permit: Provided further, that no sign erected or
constructed prior to the adoption of this Code for which a
permit is required for original construction shall be relocated,
rebuilt or remodeled without coming into compliance with
the provisions hereof and until after a sign permit has been
obtained to effect such alteration or relocation. (Code 1960, 9
8-402)
Supp. No. 25
324
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~ 9-67
BUILDINGS, STRUCTURAL APPURTENANCES
~ 9-69
Sec. 9-67. Permit fee.
Any person, firm or corporation desiring a permit under
the provisions of this article shall, at the time of receiving
such permit, pay to the city the fee of six dollars and fifty
cents ($6.50) for each permit. (Code 1960, ~ 8-402; Ord. No.
8410, ~ 1, 1-6-75)
Cross reference--Fee when permits not obtained in time, ~ 1-11.
Sec. 9-68. License required for sign business; term; fee; ex-
ceptions.
No person shall engage in the business of sign hanging
or the erection of signs within the corporate limits of the
city without complying with the provisions of this article
and first obtaining a license. There shall be a license fee of
thirty-three dollars ($33.00) per year for such person engaged
in the business 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 contractors carrying a license. There
shall be a separate license for each place of business conducted
by any person: Provided, that nothing in this section shall
prevent any person from hanging or erecting any sign or signs
to be used in advertising the business of such person, but
strict compliance 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 January fifteenth, a new application must be made
and fee paid before a license will be issued. (Code 1960,
~ 8-411; Ord. No. 8383, ~ 1, 11-25-74)
Cross reference--For licensing generally, see Ch. 20.
Sec. 9-69. 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 :
Supp. No. 20
325
~ 9-69
SALINA CODE
~ 9-71
(a) Execute and deliver to the city a good and sufficient
surety bond in the sum of five thousand dollars ($5,
000.00) conditioned upon the good and faithful per-
formance of work done by him or them upon any build-
ing, sign or premises within the city, the payment of
all fees connected therewith, and to hold the city harm-
less on account of any damages arising from faulty
work or neglect of duty in the protection of the public;
(b) Procure and maintain in full force and effect for the
duration of the license bodily injury liability insurance
in the minimum amount of three hundred thousand
dollars ($300,000.00) per occurrence and property dam-
age liability insurance in the minimum amount of one
hundred thousand dollars ($100,000.00) per occurrence.
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 ~t any time during
the license period be canceled or reduced, restricted
or limited, unless the administrative authority is given
ten (10) days written notice. (Code 1960, ~ 8-411; Ord.
No. 8468, ~ 1, 1-26-76)
Sec. 9-70. Bond or insurance for persons advertising their
own businesses.
Any person desiring to erect or hang a sign or signs to
advertise the business of such person in the city, ghall furnisn
to the city the same kind and character of a bond, or in lieu
thereof, shall furnish the same kind and character of written
agreement and evidence of public liability in~urance a~ re-
quired above, which instrument or instruri1ent.; shall be sub-
ject to the approval of the city attorney, and which said bond
or written agreement and certificate of insurance shall be
kept in full force and effect for such tilne as ~mch sign or
signs remain in place. (Code 1960, ~ 8-411)
Cross referenc:e--Bonds of contractors, licensees, etc., ~ 2-7.
Sec. 9-71. Projecting signs--Defined.
A projecting sign as used in this artiele shall mean any
Jl~i~ted lettering, cutout lettering, device or representation
Supp. No. 20
326
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~ 9-71 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-74
placed upon wood, metal or pressed board used in the nature
of advertising erected and suspended at right angles and
projecting from the walls of any building and which extends
more than fifteen (15) inches from the wall. (Code 1960,
S 8-407)
Sec. 9-72. Same-Height, size, location.
Sec. 9-72(1). No projecting illuminated sign shall be affixed
to a building so that the lowest overhanging part thereof
shall be less than ten (10) feet above the level of the sidewalk
or ground. No such sign projecting from a building shall ex-
tend more than eight (8) feet beyond the lot line of the face
of the building, and no such sign shall extend beyond a ver-
tical plane two (2) feet in back of the face of the curb. A
projecting sign attached to a corner of a building and parallel
to the vertical line of such corner shall be deemed to be
erected at a right angle to a building wall.
Sec. 9-72(2). No projecting sign shall be affixed to a build-
ing so that the lowest overhanging part thereof shall be less
than eight (8) feet above the level of the sidewalk or ground.
No such sign shall project more than three (3) feet from the
building wall, except that a sign of identification and building
number may be attached directly under a marquee extending
not less than seven and one-half (7%) feet from the sidewalk
or ground. (Code 1960, S 8-407)
Sec. 9-73. Reserved.*
Sec. 9-74. Temporary banners, pennants, etc., over streets.
No banner, bunting, pennant, ornament or flag (except
the flags of the United States and the State of Kansas) shall
be suspended or projected over the streets, avenues, alleys or
other public property of the city when used for business ad-
vertisements or for personal or corporate gain or publicity:
Provided, that a permit may be issued by the building official
* Amendment note-Ord. No. 69'72, adopted April 10, 196:7, specifically
repealed ~ 9-73 of this Code, which prohibited signs which project
over the boundary lines of streets except in the central business district
zoned E. Said section has been reserved by the editors to maintain
sequence.
Supp. No.3
327
S 9-74
SALINA CODE
S 9-108
for the temporary suspension or projection of any such ban-
ner, bunting, pennant, ornament or flag over the streets,
avenues, alleys or other public property for a period not to
exceed thirty (30) days when the same are to be used for
conventions, receptions and occasions in which the public in
general is concerned. (Code 1960, 9 8-409)
Sec. 9-75. Obscene matter prohibited.
No obscene matter shall be displayed upon any sign. (Code
1960, 9 8-412)
Cross references-For obscenity generally, see ~ 23-83 et seq.; obscene
writing or pictures on structures, S 23-87.
Sec. 9.76. Violations.
Any person violating any of the provisions of this article
or the code hereby adopted shall be guilty of a misdemeanor.
(Code 1960, 9 8-414)
Sees. 9-77-9.86. Reserved.
Article V. 'TV and Radio Towers and Antennae
Sec. 9-87. Maximum height, location.
It shall be unlawful for any person to erect a radio or tele-
vision tower exceeding a height of seventy (70) feet from
the ground level to the highest point of the antennae erected
thereon, or more than thirty (30) feet from the roof which
supports such tower or antennae, except towers for two-way
radios authorized by an agency of the federal government.
(Code 1960, 9 8-601)
Sees. 9-88-9-107. Reserved.
Article VI. Electrical Code
DIVISION 1. GENERALLY
Sec. 9-108. 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 ordi-
nances of the city.
Supp. No.3
328
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S 9-109 BUILDINGS AND STRUCTURAL APPURTENANCES S 9-114
Sec. 9-109. Oath, bond of inspector.
Before assuming the authority conferred on him by this
article, the electrical inspector shall take the oath usually
administered to other city officials and shall give a bond to
the city in the penal sum of one thousand dollars ($1,000.00)
conditioned upon the faithful performance of his duties.
Sec. 9-110. Building official acting as inspector.
In the event 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, said building
official shall receive no further or other salary or remunera-
tion than that due him as said building official.
Sec. 9-111. General duties of inspector.
The electrical inspector shall have general supervision over
the placing and installation of all electric light, heat and
power wires, raceways, fixed and stationary appliances, con-
ductors, apparatus, 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 pro-
visions of this article and the ordinances of the city governing
the placement of electric wiring and appliances therein.
Sec. 9-112. Enforcement by inspector.
It shall be the duty of the electrical inspector to enforce
the provisions of this article and any other ordinances con-
cerning electric wiring or apparatus.
Sec. 9-113. Inspector to decide questions.
The electrical inspector shall decide all questions not pro-
vided for in this article pertaining to imtallation, operation
or maintenance of electric wiring and apparatus.
Sec. 9-114. Electrical Code Panel created.
There is hereby created an electrical code panel of five (5)
persons.
329
~ 9-115
SALINA CODE
~ 9-117
Sec. 9-115. Membership of panel.
The electrical code panel membership shall be made up as
follows: Two (2) members that are licensed electrical con-
tractors, one (1) licensed electrical engineer, one (1) jour-
neyman electrician and one (1) attorney. The panel 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 panel, his suc-
cessor shall be appointed for a term of five (5) years. No
member of the panel may succeed himself. No member of the
panel may be a member of any other panel or board. estab-
lished by this article. The chairman of the code panel shall
be selected annually from the members of the panel. None
of the above members may be directly connected with any de-
cision being appealed to this panel.
Sec. 9-116. Quorum for panel.
Three (3) members of the code panel shall constitute a
quorum for the performance of it's assigned duties.
Sec. 9-117. Duties of code panel.
Sec. 9-117(1). Grievances. When an individual or company
feels that a decision of the electrical inspector is unjust, he
may appeal said decision to the electrical code panel. The
panel shall have no authority to overrule ordinance directives
except as specified in section (2). The electrical inspector
shall comply with electrical code panel decisions.
Sec. 9-117(2). Hardship cases. When an ordinance directive
is encountered which will impose a general public hardship
because of an area peculiarity, the panel 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 direc-
tive will be held in abeyance.
Sec. 9-117(3). Amendments. When an inequity is noted in
this article and an addition is considered vital to facilitate
330
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~ 9-117 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-120
the enforcement hereof, the electrical inspector shall inform
the electrical code panel by letter of this need. The panel 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 commission for its consideration. Upon
approval, said amendment may be published as an interim
amendment to this article.
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Sec. 9-118. Procedure for appeals to code panel.
The party making an appeal to the code panel 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 panel, who shall ftlrward one copy to
each panel member. The chairman shall then complete ar-
rangements for the meeting of the code panel, and shall inform
all interested parties as to the time, date and place of said
meeting. Decisions shall be reached by a simple majority of
those present and voting, and the chairman shall vote only
in the case of a tie. Every decision of the panel shall be re-
corded in writing and shall indicate the vote. All such decisions
shall be made a matter of record.
Sec. 9-119. 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 interfere with the work of the fire department
during the progress of a fire.
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Sec. 9-120. Condemnation of unsafe items and material.
All electrical items and material for sale by any person,
firm or corporation, inspected and found unsafe or not con-
forming to accepted safety standards shall be condemned and
removed from sale. The National Board of Fire Underwriters
label of approval or label of inspection service will be the
guide line used for this service. No fee shall be charged for
this service.
331
~ 9-121
SALINA CODE
~ 9-123
Sec. 9-121. Inspection, condemnation, correction of defective
or dangerous condition.
The electrical inspector shall make a thorough inspection
of all electrically wired buildings within the city upon request,
or whenever he deems it necessary, and where wires or ap-
pliances used therein are in dangerous or unsafe condition,
so as to endanger life or property, and upon discovering de-
fects therein, he shall notify in writing the person, firm, or
company owning, using or operating same, giving said per-
son, firm or company a reasonable period of time in which
to place said defective wires or appliances in a safe, secure
and non-interfering condition. Any person, firm or company
owning, using or operating said defective wires or appliances,
neglecting or refusing within said 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 nrticle. The electrical inspector shall then have author-
ity to order the supplying company to discontinue electric
service to said defective wires or appliances until such de-
fects shall be repaired in accordance with the requirements
of this article. No corporation, co-partnership, association or
individual or agent thereof, shall supply or cause to be sup-
plied any electric current to conductors or apparatus which
have been found by the electrical inspector to be in an unsafe
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.
Sec. 9-122. Existing licenses continued until expiration.
It is not the intent of this article to deprive any person of
his right to livelihood. All electrical contractor licenses, mas-
ter electrician licenses, journeyman electrician licenses and
all apprentice electrician working permits issued by the city
are hereby continued until their date of expiration.
Sec. 9-123. Liabilities not affected.
This article shall not be construed to relieve or lessen the
responsibility of any corporation, co-partnership, association,
332
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~ 9-123 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-131
individual or agent thereof, installing, operating or controlling
any electric wiring or apparatus for damages to anyone in-
jured thereby, nor shall the city be held as assuming any lia-
bility by reason of the inspection authorized herein or certifi-
cate or permit issued pursuant to the provisions of this ar-
article.
Sec. 9-124. Violations.
Any corporation, co-partnership, association or individual
or agent thereof found guilty of violating any of the provisions
of this article, or neglecting 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 misdemea-
nor.
Sees. 9-125-9-129. Reserved.
DIVISION 2. CONTRACTORS.
Sec. 9-130. License required.
Except as otherwise provided in section 9-139, all persons,
firms, partnerships or corporations engaged, or hereafter en-
gaging in the installation or repairing 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.
Sec. 9-131. 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 utilization of electrical energy for light, heat or power
and the appurtenances, equipment and devices for the utiliza-
tion and control of the same.
*Cross reference-For licenses generally, see Ch. 20.
Supp. No. 20
333
~ 9-132
SALINA CODE
~ 9-135
Sec. 9-132. License fee.
The annual fee for an electrical contractor's license to each
person, firm, partnership or corporation engaging in the above
described work shall be as follows:
Sec. 9-132(1). Initial license and nonconsecutive annual re-
newals shall be one hundred thirty-five dollars ($135.00).
Sec. 9-132(2). Each consecutive renewal shall be thirty-
five dollars ($35.00).
Sec. 9-132(3). Those holding such licenses at the time of
the adoption of this Code shall be required to pay only
the renewal fee. (Ord. No. 8384, ~ 1, 11-25-74)
Sec. 9-133. License to be displayed.
The holder of an electrical contractor's license shall con-
spicuously post or display said license in the public reception
area of his place of business.
Sec. 9-134. Insurance required.
Every person engaging in the business of an electrical con-
tractor in the city shall, as a condition of the issuance of his
license, procure and maintain in full force and effect for the
duration of the license bodily injury issuance in the minimum
amount of three hundred thousand dollars ($300,000.00) per
occurrence and property damage liability insurance in the
minimum amount of one hundred thousand dollars ($100,-
000.00) per occurrence. 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 authority is given ten
(10) days written notice thereof. (Ord. No. 8469, ~ 1, 1-26-76)
Sec. 9-135. Bond required.
Before any person, firm or corporation shall be granted an
electrical contractor's license, said person, firm or corporation
shall execute a good and sufficient surety bond in the sum
Supp. No. 20
334
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~ 9-135 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-135
of five thousand dollars ($5,000.00), the same to be approved
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
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Supp. No. 20
334.01
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~ 9-135 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-139
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.
Cross reference-For bonds of contractors, see ~ 2-7 et seq.
Sec. 9-136. Doing work without meeting requirements pro-
hibited.
It shall be unlawful for any person, firm, partnership or
corporation 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 se-
curing such license and until furnishing proof of having com-
plied with the insurance requirements and having furnished
the approved surety bond as required by this article.
Sec. 9-137. License not transferable.
An electrical contractor's license shall not be transferable,
and shall not be rented, loaned, leased or hssigned by the per-
son, partnership, firm or corporation holding su~h license.
Sec. 9-138. Suspension, revocation of licenses.
Electrical contractors' licenses may be suspended or re-
voked for wilful and persistent violations of the provisions of
this article.
Sec. 9.139. Persons exempt from license requirement.
The following persons shall not be required to obtain an
electrical contractor's license:
Sec. 9-139(1). Any person, firm, partnership or corpora-
tion 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 uti!ity com-
pany supplying the service.
Sec. 9-139(2). Any person, firm, partnership or corporation
working in or upon any building or premises owned
and occupied by an agency of the federal government.
SuPp. No. 16
334.1
9 9-139
SALINA CODE
~ 9-145
Sec. 9-139(3). The maintenance or repair of portable house-
hold appliances, radios, television sets, business ma-
chines, motors, music boxes, games and portable tools
normally supplied through an approved cord and at-
tachment cap.
Sec. 9-139(4). Any person, firm, partnership or corpora-
tion installing signal systems for protective purposes
such as burglar alarms, remote controls, and similar
circuits and only when used as an extension of a central
station such as a telephone, telegraph, radio, television
and sound systems when the base system is Underwrit-
ers approved and connected to line voltage with an
approved attachment cord and attachment cap, and
contains current limiting transformers and protection
as defined in the National Electrical Code as Class II
control and signal circuits.
Sec. 9-139(5). A bona fide owner of a single family dwelling
being [used] exclusivel.y as his dwelling, including the
usual accessory buildings, may be granted a permit pro-
vided 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 shal.} apply to a new dwelling.
Sec. 9-139(6). Any person, firm, partnership or corpora-
tion who has a currently valid mobile home craftsman
license issued by the City of Sal.ina, Kansas, while per-
forming repairs or replacements to the electrical sys-
tem located within a mobile home under the provisions
of Article XIV of Chapter 9 of the Salina Code. (Ord.
No. 8273, ~ 1, 2-5-73)
Sees. 9-140-9-144. Reserved.
DIVISION 3. ELECTRICAL MECHANICS*
Sec. 9-145. Classes establishe(l,
There are hereby established the following cll'l,';ses of elec-
trical mechanics:
*Cross reference--For licenses generally, see Ch. 20.
Supp. No. 16
334.2
.
~ 9-145 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-145
Sec. 9-145(1). Master electrician: A master electrician shall
certify at least six (6) years of practical experience
in the electrical trade doing the type of work he will
be required to perform, supervise or direct. Two (2)
years satisfactory work at an accredited trade school,
or a degree in electrical engineering conferred by an
.
.
Supp. No. 16
335
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~ 9-145 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-145
accredited college or university, and four (4) years
practical experience may be accepted in lieu of the fore-
going requirements.
Sec. 9-145(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 required to perform, supervise
or direct. Two (2) years satisfactory work in an ac-
credited trade school, or a degree in electrical engineer-
ing conferred by an accredited college or university,
and three (3) years practical experience may be ac-
cepted in lieu of the foregoing requirements.
Sec. 9-145(3). Apprentice electrician. Any person earning
his livelihood as an electrician, but who has not ac-
quired' the necessary longevity of experience to be
eligible to become a journeyman electrician, or who
with the necessary longevity of experience has not
obtained a journeyman electrician's license, is hereby
classified as an apprentice electrician. Except by spe-
cial written consent issued by tl1e board of examiners,
he shall not work except when under the immediate
supervision and direction of a licensed journeyman
electrician or master elEctrician, properly licensed by
the city. No person who has had his license revoked
for cause, shall be allowed to work as an apprentice
electrician, without the express consent of the board of
examiners. Each qualifying person making application
to the city electrical inspector shall be issued an ap-
prentice electrician working permit, and it shall be
renewed from time to time as shall be required for
the journeyman electrical license, as set out elsewhere
in this article. There shall be a charge of five dollars
($5.00) for each permit and for each renewal thereof.
The board of examiners may suspend or revoke any
apprentice electrician's working permit for just and
reasonable cause.
Sec. 9-145 (J,.j. Nonresident electrician. A nonresident elec-
trician is a person holding a valid master or journey-
Supp. No. 19
336.1
fi 9-145
SALINA CODE
I 9-146.1
man's license from other than the City of Salina. Such
master or journeyman's license 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 electrician's
licenses, and further provided that the issuing city shall
conduct examinations to determine the qualifications of
its licensees. Any decision as to doubtful qualifications
of a licensee shall be determined by the board of elec-
trical examiners. Nothing in this section shall exempt
the nonresident electrician from obtaining the proper
licenses from the City of Salina as set forth in section
9-132 and section 9-152 of the Salina Code. (Ord. No.
8152, ~ 1, 3-22-71; Ord. No. 8314, ~ 1, 11-5-73; Ord.
No. 8385, ~ 1, 11-25-74)
Sec. 9-146. Master electrician required.
Each firm, person, partnership or corporation 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 require-
ments of this section, a master electrician may act as the
master electrician for only one electrical contractor. The holder
of an electrical contractor's license shall keep the electrical in-
spector informed in writing as to the person holding a mast~r
electrician's license in his employ. (Ord. No. 8197, ~~ 1, 2,
3-27-72)
Sec. 9-146.1. Board of examiners created; membership.
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,
Supp. No. 19
336.2
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~ 9-146.1 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-146.1
to pass upon the qualifications as elsewere set forth in this
article, of all persons engaging in the installation or repairing
of electric wiring, lighting fixtures, equipment, devices, or
electrical apparatus of any nature, except measuring equip-
ment installed by and remaining the property of the utility
company supplying the service, in or on any building, struc-
ture, pole, sign or premise within the city. Two (2) members
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.
SuPP. No. 14
337
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~ 9-146.1 BUILDINGS & STRUCTURAL APPURTENANCES ~ 9-146.1
of said board of examiners shall be selected from available
licensed electrical contractors, and two (2) shall be selected
from available licensed master electriciand, or licensed jour-
neymen electricians, 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 elec-
trician members of the board shall be made without the re-
quirement as to the license. A person holding a license as
an electrical contractor may serve only as an electrical con-
tractor member of this board. The fifth member of this board
shall be an electrical engineer, so licensed by the State of
Kansas. The sixth (6th) member of the board shall be the
duly appointed and qualified electrical inspector and shall
serve as the secretary of the board. The appointed members
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
e SuPp. No. 13
338.1
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~ !l-146.1 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-150
serve until his successor has been appointed and qualified.
No board member shall serve more than two (2) consecutive
full terms.
Sec. 9-147. Board to hold meetings.
It shall be the duty of the members of the board of exam-
iners 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.
Sec. 9-148. Evidence to accompany application for examina-
tion.
An applicant for an examination hereunder shall submit
evidence in detail to prove longevity and diversity of experi-
ence requirements as set out in section 9-145, and the board
of examiners shall verify all claims made by the applicant,
before he shall be eligible for examination.
Sec. 9-149. Board to conduct examinations; scope.
It shall be the duty of the board of examiners to conduct
examinations of applicants for journeyman and master elec-
tricians' licenses. The examination shall consist of questions,
problems and demonstrations designed to show the extent of
the applicant's kno'wledge concerning the detailed provisions
of this article and the National Electrical Code, the practical
experience in electrical work which the applicant has had,
and the degree of proficiency he has attained. The examina-
tions shall be given on the basis of the eurrent code at the
time which the examination is given.
Sec. 9-150. Re-examination 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 examina-
tions taken by such person shall have been altered so that he
does not take the same examination twice.
Supp. No. 19
339
~ 9-151
SALINA CODE
~ 9-154
Sec. 9-151. Issuance of licenses.
After certification by the board of examiners, licenses may
be issued by the city clerk.
Sec. 9-152. License fees.
Any person making application to the electrical inspector
for a master electrician license or a jou:meyman electrician
license, shall pay to the electrical inspector at the time he
makes application for said license a fee as set out below.
Sec. 9-152 (1). Initial. The initial fee shall be fifteen dollars
($15.00). If the applicant is proven unqualified to be
issued a license, the electrical inspector shall retain the
full amount of the fee. If the applicant proves to be
qualified, he shall be issued said license and the elec-
trical inspector shall retain the entire fee.
Sec. 9-152(2). Renewals. Renewals will be five dollars
($5.00) in all cases. (Ord. No. 8386, ~ 1, 11-25-74)
Sec. 9-153. Expiration, renewal of licenses.
Masters' and journeymen's licenses shall be valid until De-
cember thirty-first of the year issued and shall be renewed
not later than January thirty-first of the following year, 01'
said license shall be void and a new application must be made
and the applicant must prove himself qualified before a
license may be issued.
Sec. 9-154. Suspension, revocation of licenses.
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 written
appeal to the board of city commissioners, and such appeal
shall be filed in writing with the city electrical inspector with-
in ten (10) days after the decision has been rendered. Any
and all such appeals arising from such rulings of the board
Supp. No. 19
340
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~ 9-154 BUILDINGS, STRUCTURAL APPURTENANCES ~9-163
of examiners shall be expedited and completed not later than
thirty (30) days after the appeal has been filed with the
electrical inspector.
Sees. 9-155-9-159. Reserved.
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 9-160. Permit required.
No corporation, co-partnership, association or individual
shall make any installation of wiring for the transmitting of
electric current for light, heat or power or make any change
or addition to any wiring that has been installed in or upon
any building in the city without the owner, electrical contrac-
tor or person doing such work first obtaining from the elec-
trical inspector a permit covering such work.
Sec. 9-161. 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 receptacles; no inspection of them
will be required. The installation of lighting fixtures requires
a permit in every case.
Sec. 9-162. Record of permits required.
A complete record shall be kept by the electrical inspector
of all permits issued by him.
Sec. 9-163. Permit fees established.
Electrical permit fees will be collected from the electrical
contractor, individual or property owner at the following rates:
For issuance of permit ____________________________________________________$
For the first ten (10) openings, per opening ___________nm
Additional openings, per opening ____b_____m______________m_____
Each motor of one hp or less ________m_________________________m
Each motor above one hp including five (5) hp nnnn
Supp. No. 25
3.00
0.50
0.25
1.00
1.50
341
~ 9-163
SALINA CODE
~ 9-165
Each motor above five (5) hp including ten (10) hp. 2.00
Each motor above ten (10) hp. including twenty (20)
hp n_____ _____n___n_____ _n_________nn______h____________n______nn_n____ 3.00
Each motor rated at more than twenty (20) hp 5.00
Each electric sign nu__________n__n_____mm___n_________________ 5.00
Switchboards, per panel ___________n_______________h______________h___ 3.06
Decorative or outline lighting, per circuit ____________mm 1.00
Each neon tube or transformer ________mm___n________________ 0.50
Each service entrance one hundred (100) amps or less 5.00
Each service entrance one hundred fifty (150) amps 7.50
Each service entrance two hundred (200) amps to
four hundred (400) amps _______m__mn______________n_______ 10.00
Each service entrance four hundred (400) amps to
eight hundred (800) amps _m_________________________m_____ 12.50
Each service entrance above eight hundred (800) amps 15.00
Each temporary pole service ___________nn____n__ ______________ 3.00
Electric range ________ ________h____n________ ________________________ 0.50
Each air conditioner ____ _____n_______n__m___ 0.50
Each electric dryer _______m_h____________ ____n___m_ 0.50
Not specified, per hour (two-hour minimum)_n_______ 15.00
(Ord. No. 8411, ~ 1, 1-6-75; Ord. No. 8743, ~ 1, 9-10-79)
Cross reference-Fee for permits when not obtained in time, ~ 1-11.
Sec. 9-164. Payment O'f 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 issued. Failure of any corporation, co-
partnership, or individual to remit payment of permit fees
by the specified date will be a violation of this article.
Sec. 9-165. ConditiO'ns to' issuance O'f permit.
No electrical permit shall be granted or issued to any person,
firm or corporation unless and until such person, firm or cor-
poration shall have secured and paid for an electrical contrac-
tor's license and unles8 and until all other provisions and
requirements necessary to be done and performed prior to
the granting of any such license or permit shall have been
fully complied with by the person, firm or corporation apply-
ing for such permit.
Supp. No. 25
342
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~ 9-166 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-166
Sec. 9-166. Inspector to inspect.
It shall be the duty of the electrical inspector to inspect
or cause to be inspected by competent 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 placing 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.
Sec. 9-166(1) Exception to inspections required by sec-
tion 9-166.
(a) In the event of a residential structure which is
built or assembled other than at its ultimate loca-
tion, the electrical inspector may authorize a li-
censed professional engineer or registered architect
to perform the required inspections and certify in
writing that all the requirements of the National
Electric Code are being complied with. Provided
that the engineer or architect shall not be a regu-
lar employee of the manufacturer of such struc-
tures .
(b) If there is cause to believe that any of the sections
of the National Electric Code are not being com-
plied with the electrical inspector may cause any
portion of the electrical system to be inspected by
him or his authorized representative, and may
cause any portion of the structure to be dismantled
to perform such inspections.
(c) Procedures to insure compliance will be implement-
ed by the inspection department. These may in-
clude but are not limited to on-site inspection of
electrical work, tests of materials and methods
used in assembly of the structures, and other pro-
cedures as may be necessary to insure the public
safety. (Ord. No. 8159, S 1, 6-7-71)
Amendment note-Ord. No. 8159, S 1, amended this Code by adding
~ 9-166(1).
Supp. No. 13
343
~ 9-167
SALINA CODE
~ 9-169
Sec. 9-167. Inspection, approval required.
Upon the completion of each phase of the electrical installa-
tion (rough wire--service-finish) of electric wiring sys-
tems and apparatus in any building, or upon any structure,
for use in connection with electric lighting, heat or power,
it shall be the duty of the person, co-<partnership, firm or cor-
poration doing the same to notify the electrical inspector or
competent deputies or assistants deputized by him who shall
inspect the same and if approved by him the electrical inspec-
tor or his deputy shall place his stamp along with the date
of the inspection at the main disconnect center or as near as
possible when the main disconnect has not been installed. This
stamp shall be considered as express permission to conceal
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.
Sec. 9.168. When inspections to be accomplished.
Service, rough wire and finish inspections on new construc-
tion will be accomplished within forty-eight (48) hours of
regular working days after the request for inspection has
been received. Installations such as outlets and minor items
will be accomplished on a time available basis.
Sec. 9-169. Inspector's right of entry.
The electrical inspector or a competent assistant appointed
by him shall have the right, during reasonable hours, to enter
any building, manhole or subway in the discharge of his of-
ficial duties or for the purpose of making any test of the elec-
trical apparatus or appliances therein contained. and for that
purpose he shall be given prompt access to all buildings, pri-
vate or public, and to all manholes and subways, upon appli-
cation to the company or individual owning or in charge or
control of the same, and it shall be unlawful for any such
Supp. No. 13
344
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~ 9-169 BUILDINGS, STRUCTURAL APPURTENANCES A 9-178
owner or person in charge thereof to refuse to permit or to
prevent the electrical inspector from entering such building,
manhole or subway.
Sec. 9-170. Concealing wiring before inspection.
No corporation, co-partnership, firm or indivdual or agent
thereof shall conceal or cause to be concealed any electric wir-
ing or apparatus mentioned in this article until after the same
has been inspected and approved by the electrical inspector,
and the electrical inspector is hereby authorized to order the
removal of any flooring, lathing or plaster, sheet metal or
any other material which may conceal any electrical wiring
or apparatus contrary to the provisions of this article.
Sec. 9-171. Inspection of alterations and changes.
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.
Prior to installing circuits for additional appliances in any
structure, the electrical contractor shall first determine that
adequate service and feeder capacity is available to serve the
appliance or appliances for which the wiring is to be installed.
See. 9-172. Certificate of approval required before setting
meter or connecting current.
No person or company furnishing electric power or cur-
rent shall set the meter or turn current on any new wiring
or repair or alter wiring before receiving an inspection
certificate from the electrical inspector certifying his approval
of such wiring.
Sees. 9-173-9-178. Reserved.
Supp. No. 23
345
~ 9-179
SALINA CODE
~ 9-199
DIVISION 5. STANDARDS
Sec. 9-179. National Electrical Code adopted.
The installation of electrical wiring and apparatus for the
utilization of electric current shall be made in accordance
with the 1978 Edition of the National Electrical Code as pub-
lished and sponsored by the National Fire Protection Associa-
tion, which is hereby incorporated by reference and adopted
as the electrical code of the city, except as modified by this
article. (Ord. No. 6923, S 1, 6-20-66; Ord. No. 8002, S 1,
1-27-69; Ord. No. 8198, SS 1, 2, 4-3-72; Ord. No. 8406, S 1,
12-23-74; Ord. No. 8605, S 1, 11-7-77)
Sec. 9-180. Safety code adopted.
Installation, maintenance and repair of electrical wiring, ap-
paratus and appurtenances thereto coming within the scope
of the National Electric $afety Code shall be performed ac-
cording to the rules and regulations as set out in the National
Electric Safety Code. Specific reference is made to the "Safety
Rules for the Installation and Maintenance of Electric Supply
and Communications" as approved by the American Stand-
ards Association of the U.S. Department of Commerce, known
as National Bureau of Standards Handbook 81, issued No-
vember 1, 1961.
Sec. 9-181. Service entrances.
Service entrance conductors shall be in rigid conduit in Fire
Zones 1 and 2. In new residential dwellings, service entrance
conductors shall have an ampacity of not less than 100 am-
peres 3-wire and no service equipment shall be designed to
accommodate less than twelve (12) single pole branch circuit
breakers in addition to the 100 amp main breaker, totaling a
14 circuit panel. (Ord. No. 8212, SS 1,2, 5-30-72)
Sees. 9-182-9-199. Reserved.
Editor's note-Former SS 9-182-9-188 were repealed by Ord. Nos.
8213.-8219. See Comparative Table.
Supp. No. 23
346
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~ 9-200 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-201
ARTICLE VII. PLUMBING CODE*
DIVISION 1. GENERALLY
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Sec. 9-200. 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 plumb-
ing and drainage 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 of Salina, Kansas, except
as modified by Article VII of Chapter 9 of the Salina Code,
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, repair and maintenance of all plumbing and drain-
age systems within the corporate limits of the city. (Ord. No.
8038, S 1, 8-18-69; Ord. No. 8047, S 1, 9-15-69; Ord. No. 8124,
S 1, 11-23-70; Ord. No. 8221, S 1, 5-30-72; Ord. No. 8290, S 1,
7-2-73; Ord. No. 8533, S 1, 1-3-77; Ord. No. 8744, S 1, 9-10-79)
Sec. 9-201. Administrative authority defined.
Whenever the term "administrative authority" is used in
this article or in the code hereby adopted, it shall be construed
to mean the city building official, and shall include his author-
ized representatives. The powers and duties of the administra-
tive authority shall be as set forth in the Uniform Plumbing
Code hereinabove adopted. (Ord. No. 8038, S 1, 8-18-69)
e
Editor's note-Ord. No. 8038, ~ 2, repealed the previous Art. VII
and Art. VIII of Ch. 9 and ~ 1 of said ordinance enacted said articles
to read as herein set out. Prior to amendment by said ordinance, the
articles had been amended by the following ordinances: Ord. No. 6952,
~ 1, 1-30-67; Ord. No. 6954, ~ 1, 1-30-67; Ord. No. 6993, ~ 1, 6-26-67;
Ord. No. 6994, ~ 1, 6-26-67; Ord. No. 6995, ~ 1, 6-26-67; Ord. No. 6996,
~ 1, 6-26-67; Ord. No. 6997, ~ 1, 6-26-67; Ord. No. 6998, ~ 1, 6-26-67.
Cross references-Plumbing facilities in mobile homes and mobile
home courts, ~ 21-32; water and sewers, Ch. 35; maintenance of plumb-
ing required, ~ 35-31.
Supp. No. 25
347
~ 9-202
SALINA CODE
~ 9-204
Sec. 9-202. Conflict of ordinances.
Anything set forth at length in this article shall be deemed
to take precedence oyer any code adopted. In any case where a
provision of this article is found to be in conflict with a
provision of any zoning, building, fire, safety, or health
ordinance or code of the city, existing on the effective date of .
this Code of Ordinances, the provision which establishes the
higher standard for the promotion and protection of the
health and safety of the people shall prevail. In any case
where a provision of this article is found to be in conflict
with a provision of any other ordinance or code of the city
existing on the effective date of this Code of Ordinances,
which establishes a lower standard for the promotion and
protection of the health and safety of the people, the provi-
sions of this article shall be deemed to prevail and such other
ordinances or codes are hereby declared to be repealed to the
extent that they may be found in conflict with this code. (Ord.
No. 8038, 9 1,8-18-69)
Sec. 9-203. Reserved.
Editor's note-Ord. No. 8745, S 1, adopted Sept. 10, 1979, repealed S
9-203, establishing fees for p~umbing and gas fitting permits. Said sec-
tion was derived from Ord. No. 8038, S .1, enacted Aug. 18, 1969, and
Ord. No. 8412, S 1, enacted Jan. 6, 1975.
Sec. 9-204. Sewer connection permits and fees.
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:
Sec. 9-204(1). For each connection for the use of property
included within the boundaries of the city since Jan-
uary 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 one hundred fifty
dollars ($150.00).
Sec. 9-204(2). For each connection for the use of property
not within the city limits and not in any sewer benefit
Supp. No. 25
348
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~ 9-204 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-205.1
district of the city, the sum of three hundred fifty
dollars ($350.00).
Sec. 9-204(3). No fee shall be required for connections of
the use of property located in a sewer benefit district
of the city.
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. (Ord. No. 8038, ~ 1, 8-
18-69)
Sec. 9-205. 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, however, 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 inspection made as hereinbefore provided.
No permit shall be required for the clearing of stoppages or
the repairing of leaks in pipes, valves or fixtures, where such
repairs do not involve or require the rearrangement of tubular
traps, valves, pipes or fixtures. (Ord. No. 8038, ~ 1, 8-18-69)
Sec. 9-205.1. Amendment of Section 608(c) of the Uniform
Plumbing Code.
Section 608 (c) of the Uniform Plumbing Code as adopted
by the City of Salina, Kansas, is hereby amended to read as
follows:
"(c) No commercial diswashing machines shall be di-
rectly connected to a drainage system or food waste dis-
poser without the use of an approved dishwasher air-gap
fitting on the discharge side of the dishwashing 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." (Ord. No. 8151, ~ 1, 3-15-71; Ord.
No. 8746, ~ 1,9-10-79)
Supp. No. 25
349
~ 9~205.2
SALINA CODE
~ 9-205.2
Sec. 9-205.2. Exception to inspection requirement by Section
1-13 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 ad-
ministrative authority may authorize a licensed professional
engineer or registered architect to perform the required in-
spections and certify in writing that all the requirements of
the Uniform Plumbing Code are being complied with. Pro-
vided 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 U. P. C. are not being complied with, the administrative
authority may cause any portion of the plumbing and/or gas
system to be inspected by him or his authorized representa-
tive, and may cause any portion of the structure to be dis-
mantled to perform such inspections.
[The next page is 352.1]
Supp. No. 25
350
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~ 9-205.2 BUILDINGS & STRUCTURAL APPURTENANCES ~ 9-207
(c) Procedures to insure compliance will be implemented
by the inspection department. These may include but are
not limited to on-site inspection of plumbing and/or gas work,
tests of materials and methods used in assembly of the struc-
tures, and other procedures as may be necessary to insure the
public safety. (Ord. No. 8160, ~ 1, 6-7-71)
Amendment note-Ord. No. 8160, !l 1, amended this Code by adding
the above provisions as ~ 9-205.1. The editors redesignated the pro-
visions as ~ 9-205.2 in view of the fact that this Code already contained
a ~ 9-205.1.
DIVISION 2. PLUMBERS *
SeC. 9-206. Definitions.
As used in this article:
Sec. 9-206(1). Employing plumber or plumbing contractor.
The term "employing plumber or plumbing contractor"
shall mean a person who engages in the business or
trade of plumbing and employs a certified master
plumber for the purpose of his business.
Sec. 9-206(2). Master plumber. The term "master plumber"
shall mean a person who holds a certificate issued pur-
suant to this article, showing him to be qualified and
equipped to layout, plan and supervise the installation,
repairing and maintenance of plumbing.
Sec. 9-206(3). Journeyman plumber. The term "journeyman
plumber" shall mean a person who holds a certificate
issued pursuant to this article showing him qualified
to do plumbing work, but who is not a master or em-
ploying plumber or plumbing contractor as defined
herein.
Sec. 9-206(4). Apprentice plumber. The term "apprentice
plumber" shall mean a person who has sincerely dedi-
cated himself to learning the plumbing trade, and must
be in the employ of a master or employing plumber.
(Ord. No. 8038, S 1, 8-18-69)
Sec. 9-207. 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
.Cross reference-Licenses. ell. 20.
Supp. No. 16
35~.1
~ 9-207
SALINA CODE
~ 9-210
certificate of qualification by the board of plumbing examin-
ers and registering said certificate with the city clerk. Pro-
vided however, that the exchange or replacement of an exist-
ing home appliance, such as a hot water heater, dishwasher,
food waste disposer, automatic washer, refrigerator or water
softener, not requiring 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 or persons
regularly employed by the water and sewerage department of
the City of Salina, Kansas, shall be exempt from the pro-
visions of this section when performing labor on property
owned and maintained by the City of Salina, Kansas. And
provided further, that any person holding a valid mobile home
craftsman license issued by the City of Salina, Kansas, shall
be exempt from the provisions of this section while perform-
ing those services for which he is licensed under Chapter 9,
Article XIV of the Salina Code. (Ord. No. 8038, ~ 1, 8-18-69;
Ord. No. 8274, ~ 1, 2-5-73)
Sec. 9-208. 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 shall be a member of the health
department of the city. (Ord. No. 8038, S 1, 8-18-69)
Sec. 9-209. Administrative authority to be a member and
secretary of board.
The administrative authority shall serve as an ex officio
member arid shall act as secretary to the board of examiners
and for the purpose of section 9-208 shall be a member of the
health department of the city, except that he shall be respon-
sible to the city manager and the board of commissioners.
(Ord. No. 8038, S 1, 8-18-69)
Sec. 9-210. Appointment, term of board of examiners.
The members of the board of examiners shall be appointed
by the mayor with the consent of the city commission. Mem-
Supp. No. 16
352.2
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~ 9-210 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-212
bers shall serve for two (2) years on each appointment or
until their successor has been duly appointed. (Ord. No.
8038, S 1, 8-18-69)
Sec. 9-211. Quorum for board of examiners.
Two (2) members of the board of examiners shall consti-
tute a quorum. (Ord. No. 8038, S 1, 8-18-69)
Sec. 9-212. Duties of board.
Sec. 9-212(1). The board of plumbing examiners shall issue
plumbing certificate of qualification to such person as may
be entitled thereto, and conduct examinations for the purpose
of determining the competency and knowledge of plumbing
and drainage work of persons who are required by this code
to take such examination. The board of examiners shall deter-
mine the character of examination to be given applicants.
Sec. 9-212(2). Said board shall keep an accurate record of
all its official transactions and render such reports and
statistics as the department having jurisdiction may require
and direct.
Sec. V-212(3). Said board 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.
Sec. 9-212(4). The board of plumbing examiners may cancel
or revoke any certificate of qualification or registration issued
by them to any person, if such person later shows incom-
petency or lack of knowledge in matters relevant to such
certificate or if such certificate was obtained by fraud. If the
certificate of qualification or registration of any person be so
cancelled or revoked, another such certificate shall not be
granted to such person within twelve (12) months after the
date of cancellation or revocation. (Ord. No. 8038, S 1,
8-18-69 )
Supp. No. 16
~~53
~ 9-213
SALINA CODE
~ 9-214
Sec. 9-213. 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 following examining fee:
Master pI urn ber ----mmm-----m---m______________nnnm___________m$5.00
Journeyman plumber m--nu-m___m____mn__nh_____mm__________ 2.00
Apprentice plumber n-----m--_______m_______nmn_______m___m______ 1.00
(Ord. No. 8038, ~ 1, 8-18-69)
Sec. 9-214. Gas fitter's examination required.
Each applicant taking the plumber's examination (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 appli-
cant for either license. Only one examination fee shall be paid
for taking both examinations. (Ord. No. 8038, ~ 1, 8-18-69)
SuPp. No. 16
354
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~ 9-215 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-218
Sec. 9-215. Forfeiture of fee for failure to appear.
Failure of the applicant to appear for the examination when
notified shall forfeit the application fee. (Ord. No. 8038, ~ 1,
8-18-69 )
Sec. 9-216. Issuance of certificate; fees.
Sec. 9-216 (1). 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.
Sec. 9-216 (2). The license and registration of certificate
shall be issued by the city clerk and the applicants shall pay
the following fee:
Plumbing contractor's license $135.00
Master plumber registration 15.00
Journeyman plumber registration 15.00
Apprentice plumber registration . 5.00
(Ord. No. 8038, ~ 1, 8-18-69; Ord. No. 8387, ~ 1, 11-25-74)
Sec. 9-217. Exemption from examination.
Any person may be exempt from taking the plumber's
examination if said person can show that he is the holder of a
certificate issued by another city with a population over
seven thousand (7,000) and the board is satisfied that said
certificate was issued as the result of having passed an
examination having requirements equivalent to the examina-
tion given by the City of Salina. Said certificate shall be
accepted as valid in the city, but the applicant shall not
be exempt from paying the filing fee as indicated in section
9-216 (2) above. (Ord. No. 8038, ~ 1, 8-18-69)
Sec. 9-218. Registration of certificate, license prerequisite to
doing work.
A person holding a certificate of qualification to work
at plumbing in the city shall, before working, register his
certificate in the office of the city clerk and secure a license
and,or registration as hereinbefore provided. (Ord. No.
8038, ~ 1, 8-18-69)
Supp. No. 19
355
~ 9-219
SALINA CODE
~ 9-223
Sec. 9-219. Expiration, renewal of licenses and certificates.
Each license and certificate shall be renewed annually
and said license and certificate shall expire on the thirty-first
day of December regardless of when the license was secured.
(Ord. No. 8038, S 1, 8-18-69)
Sec. 9-220. Renewal procedure; fee.
The license and registration of certificate renewal fee
shall be paid to the city clerk. The annual renewal fee shall he:
Plumbing contractor's license $35.00
Master plumber registration nun n un 5.00
Journeyman plumber registration 5.00
Apprentice plumber registration 5.00
(Ord. No. 8038, S 1, 8-18-69; Ord. No. 8388, S 1, 11-25-74)
Sec. 9-221. Deadline for renewal of licenses.
No permit will be issued to any master or employing
plumber after January thirty-first when the license has not
been renewed. (Ord. No. 8038, S 1, 8-18-69)
Sec. 9-222. Certificates not transferable; misuse.
Certificates of qualification or registration are not trans-
ferable 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. (Ord. No.
8038, S 1, 8-18-69)
Sec. 9-223. Bond required.
Every person engaging in or working at the business or
trade of plumbing in the city as a master plumber or employ-
ing plumber shall before so engaging, or entering upon any
job of plumbing in the city, file with the city clerk a
corporate surety bond in the principal sum of two thousand
dollars ($2,000.00) to be approved by the city attorney as
to form and surety, conditioned that the principal therein
will save the city free and harmless from all liability for
any injury to persons or property which the principal, his
agents, servants, or employees may cause by reason of engag-
Supp. No. 19
356
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~ 9-223 BUILDINGS, STRUCTURAL APPURTENANCES
~ 9-226
ing in the business of plumbing in the city, and further condi-
tioned for a full compliance with the provisions of this
article and the prosecution of such business. (Ord. No. 8038,
S I, 8-18-69)
Sec. 9-224. Duration of bonds.
All bonds in force at the time of completion of any plumb-
ing work shall continue in force so far as such work is con-
cerned, 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. (Ord.
No. 8038, S I, 8-18-69)
Se,c. 9-225. Insurance required.
Every person engaging in or working at the business or
trade of plumbing in the city, as a master plumber or employ-
ing plumber shall, as a condition to the issuance of his license,
procure and maintain in full force, for the duration of the
license, bodily injury insurance in the minimum amount of
three hundred thousand dollars ($300,000.00) per occurrence
and property damage liability insurance in the minimum
amount of one hundred thousand dollars ($100,000.00) per oc-
currence. 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 authority is given ten (10) days written
notice. (Ord. No. 8038, ~ 1, 8-18-69; Ord. No. 8470, ~ 1, 1-26-76)
DIVISION 3. APPEALS
Sec. 9-226. Board of appeals created, membership.
The board of plumbing appeals shall consist of five (5)
members. Two (2) members shall be qualified master plumb-
ers, two (2) members shall be qualified journeyman plumbers,
and one member shall be a licensed professional engineer in the
State of Kansas to represent the public at larS(e. (Ord.
No. 8038, ~ 1, 8-18-69)
Supp. No. 20
357
S 9-227
SALINA CODE
~ 9-232
Sec. 9-227. Administrative authority to be member and secre-
tary of board.
The administrative authority shall be an ex officio member
and shall act as secretary to the board of appeals. (Ord.
No. 8038, S 1, 8-18-69)
Sec. 9-228. Appointment of board, terms of office.
The members of the board of appeals shall be appointed
by the mayor with the consent of the city commission and the
recommendations of the appropriate organizations. Members
shall serve for two (2) years on each appointment or until
their successors have been duly appointed. (Ord. No. 8038,
S 1, 8-18-69)
Sec. 9-229. Quorum for board.
Three (3) members of the board of appeals shall constitute
a quorum. (Ord. No. 8038, S 1, 8-18-69)
Sec. 9-230. Board to determine appeals.
The board of plumbing appeals shall act in making a
correct determination of any appeal arising from the actions
of the administrative authority. (Ord. No. 8038, S 1, 8-18-69)
Sec. 9-231. Records, reports of board.
The board of appeals shall keep an accurate record of
all their official transactions and render such reports and
statistics as the department having jurisdiction may require
and direct. (Ord. No. 8038, S 1, 8-18-69)
Sec. 9-232. Chairman of board; rules authorized.
The board of appeals 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.
(Ord. No. 8038, S 1, 8-18-69)
Supp. No. 20 358
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~ 9-233 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-234
Sec. 9-233. Procedures.
Appeals shall be made within ten (10) calendar days from
date of the inspector's decision. Decisions of the board 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 decision is not rendered by the
board within ten (10) days, the appeal shall be deemed to have
been denied. (Ord. No. 8038, S 1,8-18-69)
DIVISION 4. STANDARDS
Sec. 9-234. Size of potable water piping.
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 copper pipe.
In installations from the water main to the curb cock,
the minimum size water service line shall be one (1) inch
trade diameter for each premise to be serviced, and shall
provide a minimum of a full 3/t," water line to each consumer
to be serviced therefrom.
At the point of connection with the corporation 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 copper 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 (2112) inches and larger, a one hundred twenty-five
(125) pounds gate valve located not more than twelve (12)
inches from the street curb may be used. Provided that the
director of utilities of the city may direct or permit the
curb cock to be placed in a different location where he deems
Supp. No. 25
359
~ 9-234
SALINA CODE
~ 9-237
it necessary or advisable. Provided further, 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 ap-
proved 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 foundation of the building to be used by the con-
sumer 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
department 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. (Ord. No. 8038,
~1, 8-18-69)
Sec. 9-235. Reserved.
Editor's note-Section 9-235, requiring temperature and pressure re-
lief valves on water heaters, was repealed by Ord. No. 8747, ~ 1, en-
acted Sept. 10, 1979. Said section was derived from Ord. No. 8038, ~ 1,
adopted Aug. 18, 1969.
Sec. 9-236. Reserved.
Sec. 9-237. Floor drains.
A vent will not be required for a floor drain, shower,
or washer connection unless the floor drain, shower, or
Supp. No. 25
360
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~ 9-237 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-239.3
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. (Ord. No. 8038, ~ 1, 8-18-69)
Sec. 9-238. Sanitary tap tee.
It is not the intention of the code to prohibit the use of
a single hub sanitary tap tee as a drainage fitting. (Ord.
No. 8038, ~ 1, 8-18-69)
See. 9-239. Trap installation.
In exposed locations, slip joints will be permitted on brass
tubular traps provided the traps are seventeen (17) gauge
or heavier and installed with brass slip ring nuts. (Ord.
No. 8038, ~ 1, 8-18-69)
See. 9-239.1. Back water valves.
Back water valves shall be gate valves as defined in Sec-
tion 210 of the Uniform Plumbing Code. Such valves shall re-
main 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 access covers
shall be bolted type with gasket and each valve shall bear the
manufacturer's name cast into the body and cover. (Ord. No.
8125, ~ 1, 11-30-70)
Amendment note-Ord. No. 8125, ~ 1, added ~ 9-239.1 to this Code.
Sec. 9-239.2. 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. (Ord. No. 8126, ~ 1, 11-30-70)
Sec. 9-239.3. Drainage below curb and also below main sewer
level.
Drainage piping serving fixtures that are located below the
elevation of the curb or property line, at the point where the
building sewer crosses under the curb or property line, and
Supp. No. 16
361
~ 9-239.3
SALINA CODE
~ 9-241
above the crown level of the main sewer, shall drain by gravity
into the main sewer, and shall be protected 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 fix-
tures located below the elevation of the curb or property line.
(Ord. No. 8127, S 1, 11-30-70)
Article VIII. Gas Code*
DIVISION 1. GENERALLY
Sec. 9-240. Interpretation of regulations, etc.
For the purpose of this article regulations, terms, phrases,
definitions, and their derivatives shall be interpreted as set
forth in the Salina Plumbing Code. Permit fees, permit re-
quirements and administration shall be as required under the
Salina Plumbing Code. (Ord. No. 8038, ~ 1, 8-18-69)
DIVISION 2. GAS FITTERS
Sec. 9-241. Certification required.
It shall be unlawful for any person, firm or corporation
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 article. Pro-
vided however, any person who holds a valid mobile home
craftsman license issued by the City of Salina, Kansas shall
be exempt from the provisions of this section while per-
forming those services provided for in Chapter 9, Article
XIV. (Ord. No. 8038, S 1,8-18-69; Ord. No. 8275, S 1,2-5-73)
-Editor's note--See editor's note to Art. VII, Ch. 9.
SuPp. No. 16
332
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~ 9-242 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-246
Sec. 9-242. Application for certification.
Any person wishing to receive a certificate of qualification
as a gas fitter shall make application to the board of examin-
ers on forms provided by the administrative authority. (Ord.
No. 8038, ~ 1, 8-18-69)
Sec. 9-243. Fee to accompany application.
At the time the person files the application for certification,
he shall pay to the secretary of the board in the amount of:
Master gas fitter ~~~___~____~_m__n___n_nm_m____________mn______m$5.00
Journeyman gas fitter nm__m~mn~______m__mn__n_------______nn 2.00
(Ord. No. 8038, ~ 1, 8-18-69)
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Sec. 9-244. Forfeiture of fee.
Failure to appear for the examination when notified of the
time and place will be cause to forfeit the fee. (Ord. No.
8038, ~ 1, 8-18-69)
Sec. 9-245. Examination required; nature.
Each person filing an application for certification and pay-
ing said fee as herein provided shall be given an examination
by the board of gas fitters, 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 knowledge of gas piping,
gas appliance installation, venting and ventilation. (Ord. No.
8038, ~ 1, 8-18-69)
Sec. 9-246. Issuance of certificate.
After a person has successfully passed the examination
for certification of qualifications, the board shall issue the
certificate in his name. There is no fee for receiving the cer-
tificate and the certificate is not revocable except as provided
for elsewhere. (Ord. No. 8038, ~ 1, 8-18-69)
.
Supp. No. 16
362.1
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* 9-247 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-251
Sec. 9-247. Registration of certificate; fee.
Each person who holds a certificate from the exammml!:
board as having passed the necessary qualifications shaH
register said certificate with the clerk of the city, after
he has paid the following fee:
Gas fitter contractor's license
Master gas fitter registration
Journeyman gas fitter registration
(Ord. No. 8389, ~ 1,11-25-74)
$135.00
15.00
5.00
Sec. 9-248. Issuance of license.
After the applicant has paid the fee and registered 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. (Ord. No.
8038, ~ 1, 8-18-69)
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Sec. 9-249. Expiration, renewal of license and certificate.
Each license and certificate shall be renewed annually
and said license and certificate shall expire on the thirty-
first day of December regardless of when the license was
secured. (Ord. No. 8038, ~ 1, 8-18-69)
Sec. g-250. 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:
Gas fitter contractor's license _m______h___mmm___h______ $35.00
Master gas fitter registration mmnmmmmmnhnmnn 5.00
Journeyman gas fitter registration mm__n__nm__________ 5.00
(Ord. No. 8038, ~ 1, 8-18-69; Ord. No. 8389, S 1, 11-25-74)
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Sec. 9-251. Renewals not subject to examination fee.
A master plumber or journeyman plumber renewing a
certificate and license shall be exempt from the application fee
as provided in this code for gas fitters. (Ord. No. 8038, ~ 1,
8-18-69)
Supp. No. 19
363
~ 9-252
SALINA CODE
~ 9-254
Sec. 9-252. Current license prerequisite to permit.
No permit will be issued to any master or journeyman
gas fitter after January thirty-first of any year, for gas
fitting work when the license has not been renewed. (Ord.
No. 8038, S 1, 8-18-69)
Sec. 9-253. Bond and insurance required; exception.
Sec. 9-253(1). Required. Any person, firm or corporation
desiring to engage in the business of gas fitting or gas plumb-
ing, with authority to dig in the street, alley, public grounds,
or elsewhere in the city, before engaging in said business of
gas fItting, shall file with the city clerk a satisfactory bond
and such certificates of insurance as are required under
sections 9-223 through 9-225.
Sec. 9-253(2). Exception. 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 per-
formance of duties, obligations or rights conferred upon such
utility by said franchise. A utility company, corporation, or
individual, supplying gas for either private or public con-
sumption 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. (Ord. No. 8038, S 1,
8-18-69)
Sec. 9-254. Extension of plumbing license, bond and insurance.
Any employing plumber or plumbing contractor, master
plumber or journeyman plumber who holds a valid certifi-
cate of qualification and license under the provisions of
the Salina Plumbing Code shall be exempt from securing a
gas fitting license 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 plumbing. (Ord. No. 8038, S 1, 8-18-69)
Supp. No. 19
364
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~ 9-255 BUILDINGS AND STRUCTURAL APPURTENANCES S 9-257
DIVISION 3. STANDARDS
Sec. 9-255. Code and standard adopted.
In order to protect the public health and safety of the
city through the establishment of minimum regulations for
the installation, alteration, repair and maintenance of gas
piping and venting systems, the provisions of the Uniform
Plumbing Code, 1967 Edition, published by the International
Association of Plumbing and Mechanical Officials, are hereby
incorporated by reference herein and adopted as the gas
piping code of the city, except as modified by this article. For
size of gas vents and vent connectors, Appendix D of
American Standard Association Standard ASA Z-21.30-1964
is hereby incorporated by reference. (Ord. No. 8038, ~ 1,
8-18-69)
Sec. 9-256. Valve required in service line; who may open or
close.
The gas supplier shall install a gas valve in the service
line, at or near its connection to the main and shall arrange
and maintain that valve so that it is quickly and readily
accessible and available for closing. No one, except an
employee, or an authorized representative of the gas supplier,
or an employee of the city, may open or close a gas valve on
the supply side of a gas meter, except in an emergency. (Ord.
No. 8038, ~ 1, 8-18-69)
Sec. 9-257. Meter locations.
In general, all gas meters shall be placed in a manner as
provided elsewhere in this code. Further, meters shall be
placed in locations easily accessible for inspection, installation
and removal. Meters shall not be placed in driveways, public
passageways, halls, coal bins or other places where they are
subject to damage, or in places where they are subject to
excessive corrosion. Meters shall not be placed under steps,
unventilated bulkheads or show windows or in any bedroom,
bathroom or under a sink, over an electric or gas fixture
or near any electrical apparatus. In no case shall the main sup-
Supp. No.8
365
~ 9-257
SALINA CODE
~ 9-262
ply shut off valve be further than ten feet (10') from the
building unless approved by the administrative authority. All
service piping shall enter the building above ground level.
(Ord. No. 8038, S 1, 8-18-69)
Sec. 9-258. Unions.
Ground-joint union may be used at exposed fixtures, ap-
pliance or equipment connections and in exposed exterior
locations immediately on the discharge side of a building
shut off valve. Heavy duty flanged type unions may be
used in special cases when first approved by the administra-
tive authority. Bushings shall not be used in concealed loca-
tions. (Ord. No. 8038, S 1, 8-18-69)
Sec. 9-259. Exception, locations for water heaters.
An existing water heater located in a bathroom may be
replaced by a heater equipped with an approved safety pilot
and thermostat and connected to an approved vent outlet
pipe in any such bathroom which has at least four hundred
(400) cubic feet of air content with at least one window in
one outside wall. (Ord. No. 8038, S 1, 8-18-69)
Sec. 9-260. Temperature and pressure relief valves.
All water heaters shall be installed with a temperature and
pressure relief valve. Said valve shall be installed and operate
within the limits as specified for temperature and pressure
relief valves in the Salina Plumbing Code. (Ord. No. 8038,
~ 1, 8-18-69)
Sec. 9-261. Responsibility for proper venting.
Proper venting shall be the responsibility of the gas in-
staller or fitter. (Ord. No. 8038, S 1, 8-18-69)
Sec. 9-262. Approved type vents required.
Sec. 9-262(1). Each fuel burning appliance, except gas
ranges and refrigerators, shall be connected to an approved
vent.
8upp. No. ~
366
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~ 9-262 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-265
Sec. 9-262(2). Listed appliances having sealed combustion
chambers and which are so constructed and installed that
all air for combustion is derived from outside the building
and all vent gases are discharged to the outside atmosphere
shall be considered as properly vented when installed in ac-
cordance with their listing requirements and manufacturers
instructions. Venting requirements as set forth in this article
shall not apply. Vent terminals of sealed combustion chamber
appliances shall be located not less than twelve (12) inches
from any building opening. (Ord. No. 8038, ~ 1, 8-18-69)
Sec. 9-263. Vent flues.
Sec. 9-263(1). It shall be the responsibility of the installer
of the main vent flue to predetermine the number and size
of all gas burning appliances to be connected to said flue
and to provide sufficient size to vent same according to code
sizing chart. *
Sec. 9-263(2). When gas burning appliances are replaced
and vent connected to existing vent flues, the installer shall
first determine the adequacy and condition of the main flue.
If size or condition is questionable, it should be reported in
writing to the owner and administrative authority and a
determination by the latter given in writing to owner and
installer. If questionable, the appliance shall not be installed
until corrections are made by the owner. (Ord. No. 8038,
~ 1, 8-18-69)
Sec. 9-264. Common vent.
Nothing in this code shall preclude the use of a common
vent serving a combination of water heaters and other ap-
proved vented fuel burning appliances not to exceed four (4)
in number when using the same fuel. (Ord. No. 8038, ~ 1,
8-18-69)
Sec. 9-265. Safety pilot.
Safety pilot shut offs shall be installed on all water heaters
and on any furnace or space heater used for house or business
heating. (Ord. No. 8038, ~ 1, 8-18-69)
*Cross reference-Requirements for chimneys, vents, connections, etc.,
Building Code, ~ 9-18.
supp. No.8
367
~ 9-266
SALINA CODE
~ 9-326
Sec. 9-266. Swing joints.
Underground threaded gas pipes emerging from the ground
shall have a swing joint at the bottom of the riser. (Ord. No.
8038, ~ 1, 8-18-69)
Sees. 9-267-9-323. Reserved.
Article IX. Demolition, Removal or Relocation
of Buildings~
Sec. 9-324. Compliance and permit required.
No person, firm or corporation shall commence the re-
moval, demolition or relocation of any structure or any portion
thereof within the City of Salina without first making appli-
cation and securing a permit from the building official. The
provisions of this article shall also be applicable to the moving
of a structure from without the city limits to property located
within said city. (Ord. No. 8021, ~ 1, 5-5-69)
Sec. 9-325. Application for permit required; fee to be de-
posited.
No permit as herein required shall be issued by the build-
ing official until the applicant shall file an application and
bond as hereinafter provided and shall deposit with the city
clerk the fee prescribed by section 9-25. (Ord. No. 8021, S 1,
5-5-69 )
Sec. 9-326. Contents of application.
The application for a permit as required by this section
shall set forth the following:
(1) Name and address of applicant.
(2) Two photographs of the structure proposed to be
moved and located on property within the city.
* Amendment note-Ord. No. 8021, enacted May 5, 1969, repealed
former Article IX, ~& 9-324 through 9-325. derived from Code 1960. ~~
8-1001-8-1008, pertaining to moving- dwelling-s, and enacted new Article
IX, ~& 9-324-9-329, as herein set out. Former sections 9-330-9-335
have been reserved and added to reserved sections 9-336-9-345.
Cross reference-Moving- buildings on streets regulated, ~ 32-70 et seq.
Supp. No. R
368
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~ 9-326 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-327
(3) Legal description of property upon which the structure
is now located and where the structure is to be re-
located.
(4) Plans and specificatinos 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 description of the safe-
guards to be employed for protection of persons or
property.
(6) Time of commencement of work and estimated time of
completion. (Ord. No. 8021, S 1, 5-5-69)
Sec. 9-327. Issuance (,f permit.
Upon the filing of the application and bond required in
section 9-329 and the payment of the fees as prescribed by
section 9-25, the building official may issue a permit to said
applicant if he finds that said applications, in all respects,
complies with the provisions of this article and other appli-
cable provisions of the Salina Code. The building official shall
specify in the permit the time granted by him for com-
pletion of all work required to be done thereunder. For good
cause shown, the building official may once extend the
period of time granted by the permit for completion of the
Supp. No.8
369
[The next page is 415]
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~ 9-327 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-329
wor k for a period not to exceed fifty percent (50 % ) of the time
granted under the original permit. Further extension of time
may only be granted upon proper application to the board of
com~issioners. The permit may be issued subject to such
restrictions as may be necessary to insure compliance with
the ordinance. (Ord. No. 8021, ~ 1, 5-5-69)
Sec. 9-328. 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: (1)
complete the work of moving, tearing down, or dismantling
within the time specified in the permit; (2) on building
moved to property within the city, to complete the building
in accordance with plans and specifications and city
building 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 another building or other
structure is to be re-erected immediately upon said
foundation as specified in the application for the permit; (5)
fill all open wells, cisterns, cellars, basements or other
excavations remaining on said lot, unless the same are to be
used immediately with another structure to be erected
thereon; (6) at all times keep the premises in a safe condition
in order to avoid creating a fire hazard or any menace to
the public health or safety of the general public. (Ord. No.
8021, ~ 1, 5-5-69)
Sec. 9-329. Bond required.
The applicant for a permit under this article shall file with
the application a surety bond duly signed by a corporate
surety authorized to do business in the State of Kansas, or
cash, in the sum of one thousand dollars ($1,000.00) to
guarantee that said applicant will comply with the
provisions of his permit and this article. In the event that
the building official determines 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
Supp. No. 26, Revision
415
~ 9-329
SALINA CODE
S 9-348
said bond shall be increased to said 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
application or permit, then the building official may proceed
forthwith, to put said premises in the condition provided for
in this article or in said permit. The actual cost incurred by
the city to make the premises comply with the ordinance
and the conditions specified in the permit, may, at the
option of the city, either (1) be taxed against said property
and a levy therefor be certified and collected in the same
manner as special assessments, or (2) be payable from the
bond filed by the applicant with the city clerk. (Ord. No.
8021, ~ 1, 5-5-69)
Sees. 9-330-9-345. Reserved.
ARTICLE X. FENCES, WALLS AND HEDGES*
Sec. 9-346. Permit required; fee.
No person shall install any fence or wall without first hav-
ing procured a written permit therefor from the building
inspector. The city clerk shall charge a fee of three dollars
($3.00) for the issuance of such permit. (Code 1960, ~ 8-1103;
Ord. No. 8413, ~ 1, 1-6-75)
Cross reference-Fee for permits when not obtained in time, ~ 1-11.
Sec. 9-347. 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
inconvenience in any other manner. (Code 1960, ~ 8-1101)
Sec. 9.348. Electric fences prohibited.
No electrically charged fence shall be erected or maintained.
(Code 1960, ~ 8-1101)
.Cross reference-For trees and shrubs, see Ch. 33.
Supp. No. 26, Revision
416
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S 9-349 BUILDINGS AND STRUCTURAL APPURTENANCES I 9-862
Sec. 9-349. Erecting, maintaining on public property.
No privately owned fence, wall or hedge shall be erected
or maintained on any public property. (Code 1960, ~ 8-1101)
Sec. 9-350. 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 of the public streets
or alleys of said city to be or become more than three (3)
feet in height or to permit or allow the same to extend into
said streets or alleys more than one foot. (Code 1960, ~ 26-
1301)
Sec. 9-351. Fences classified.
For the purposes of this article, fences are hereby classified
into the following types:
Sec. 9-351(1). Class 1. Masonry walls;
Sec. 9-351(2). Class 2. Ornamental iron;
Sec. 9-351 (3). Class 3. Woven wire or chain link;
Sec. 9-351(4). Class 4. Wood picket (more than fifty per
cent (SOro) open);
Sec. 9-315(5). Class 5. Solid fences (wood or metal less
than fifty per cent (50%) open). (Code 1960, ~ 8-
1102)
Sec. 9-352. Requirements for fences, hedges enclosing dwell-
ing plots.
In any location zoned residential, fences shall conform to
the following requirements:
Sec. 9-352(1). Front yard fences and hedges erected in
front of the required front yard building line (see zon-
ing ordinance) shall be of any class, and shall not ex-
ceed a height of four (4) feet, excepting Classes 1 and
6, which shall not exceed a height of three (3) feet.
Fences and hedges on corner lots in which the rear
yard abuts the front yard of the adjoining lot shall
conform to the requirements for front yard fences and
Supp. No. 26, Revision
417
~ 9-352
SALINA CODE
~ 9-352
hedges for such part of the fence or hedge as abuts
the adjoining front yard.
Sec. 9-352(1)a. Fences on corner lots. Where a property is
located on a corner 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.
Said fence shall not be erected in violation of section
36-505 of the Salina Code (Obstructing visibility at
intersections). However, when said 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 inspection department only if a written
protest is not received within seven (7) days from the
adjacent affected property owner. Said protest period
shall commence from the date of receipt of a certified
notice of intent from the building inspection depart-
ment.
Sec. 9-352(2). Side yard fences erected back of the re-
quired 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.
Sec. 9-352(3). Rear yard fences and hedges erected along
the rear property line may be of any class and height,
except as provided by section 9-352(1) hereof.
Sec. 9-352(4). Prohibited fences. No barbed wire or other
sharp pointed fence shall be erected or maintained un-
less specifically permitted by other ordinances.
Sec. 9-352(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.
Sec. 9-352(6). Retaining walls shall be adequately designed
and drained so as to resist all lateral pressure to which
they may be subject. Retaining walls shall not be erect-
Supp. No. 26, Revision
418
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i 9-352 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-352
ed in any front yard when, in the opinion of the build-
ing official, such retaining wall would be unsightly or
detrimental to adjoining property. 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.
Sec. 9-352(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
owners has been filed with the board of appeals, it may,
at its discretion vary the requirements herein; pro-
vided, that no violation of Article IV of Chapter 32
may be permitted. (Code 1960, ~ 8-1102; Ord. No.
7018, fi 1, 11-6-67; Ord. No. 8104, fi 1, 9-14-70; Ord.
No. 80-8767, fi 1, 1-7-80; Ord. No. 80-8768, fi 1,1-7-80)
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.
Supp. No. 26. Revision
418.1
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S 9-353 BUILDINGS AND STRUCTURAL APPURTENANCES s 9-367
Sec. 9-353. 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 1960, 9 23-1137)
Sec. 9-354. 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
requirements as set forth in the section for fences enclosing
residential plots. Barbed wire or similar materials may be
used at a height of not less than seven (7) feet above grade,
unless otherwise provided by other ordinances. (Code 1960,
9 8-1102)
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Sec. 9-355. Maintenance of fences.
Fences shall be kept in repair and any dilapidated, danger-
ous or unsightly fence shall be removed or repaired when so
ordered by the building offical. (Code 1960, 9 8-1102)
Sec. 9-356. 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 1960, 9 8-1101)
Sees. 9-357-9-366. Reserved.
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Article XI. Sandblasting
Sec. 9-367. Definitions.
The following words and phrases, whenever used in this
article, shall be construed as hereinafter defined:
Supp. No. 11
419
~ 9-367
SALINA CODE
~ 9-367
Sec. 9-367(1). Sandblasting shall mean the use of air,
steam or water containing sand to clean, grind or cut hard
surfaces.
Sec. 9-367(2). Dry sandblasting shall mean the propulsion
of dry sand by air pressure.
Supp. No. 11
420
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~ 9-367 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-372
Sec. .9-367(.1). Wet .~((lIdlJl((8tif/rl shall mean the propulsion
of ,vet sand by air pressure precluding the creation of dust
and dry debris.
Sec. ,IJ-367IU. Permit shall mean a permit to sandblast the
out~ide of :1 building-. (Code 1960, ~ 8-1201)
Sec. 9-368. Permit required; fee.
No person shall do any sandblasting on the outside of any
building without first obtaining a permit so to do from the
building inspector. A permit shall be obtained for each build-
ing sandblasted. The fee for any sandblasting permit shall be
ten dollars ($10.00). (Code 1960, S 8-1202; Grd. No. 8414, S
1,1-6-75)
Sec. 9-369. Reserved.
Editor's note-Ord. No. 8414, ~2, adopted Jan. 6, 1975, repaled ~ 9-369
specifying the fees for sandblasting permits. Said section was derived
from Code 1960, ~ 8-1203.
Sec. 9-370. Application for permit.
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 estimated to complete the work. (Code
1960, * 8-1204)
Sec. 9-371. Issuance of permit.
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 advisable
to use wet sandblasting or whether dry sandblasting may be
used and whether the precautions hereafter prescribed should
be taken and issue a permit in accordance therewith. (Code
1960, ~ 8-1205)
Sec. 9-372. Precautions required.
Sec. 9-372(1). Wet sandblasting. If wet sandblasting is
required by the permit, the permittee shall use a canvas or
Supp. No. 19 421
~ 9-372
SALINA CODE
~ 9-384
other shield to keep the sand from splattering upon or against
the property of others except by their consent.
Sec. f)-372(2). DrlJ .~(lildblastin(J. If dry sandblasting is
permitted, 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, ve-
hicles using the streets in the vicinity of the operation, and
vehicles, implements or other thingR kept or stored on ad-
jacent property.
Sec. .9-372( J). Waiver. If the building official believes thai;
the side of the building iR where the operation will not be
detrimental or injurious to the property of others, he may
permit the operation without the precautionR herein Rpecified.
(Code 1960, ~ 8-1206)
Sec. 9-373. Authority to stop work.
If after sandblasting is begun. the building official finds
that the precaution being taken iR not sufficient, he shall have
power to order the Rtoppage of work until sufficient pre-
caution iR provided and uRed. (Code 1960, ~ 8-1207)
Sees. 9-374-9-383. Reserved.
ARTICLE XII. ELEVATORS AND ELEVATOR
INST ALLA TION*
Sec. 9-384. Definitions.
The words and phrases used in this article shall, for the
purpose of this article, be construed as follows:
Sec. 9-384 (1). The word persoll shall be construed and held
to be any person or persons. partnership, corporation
or any officer, agent. employee or servant of any cor-
poration, or any other person or combination of per-
sons, either natural or artificial. by whatever name he
or they be called.
*Editor's note-Ord. No. 7035, ~~ I-11J being non amendatory of this
Code, has been codified as Art. XII, ~~ 9-384-9-394, at the discretion
of the editor.
Supp. No. 19
422
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~ 9-384 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-387
Sec. 9-384(2). The word administrative authority when-
ever used herein shall mean the building inspection de-
partment, or any employee thereof, who shall be legally
charged with the duty of administering this code,
granting permits and making electrical, mechanical and
structural inspection of all elevators installed within
the city.
Sec. 9-384(3). The word elevator whenever used herein
shall mean any passenger elevator, freight elevator,
dumbwaiter, escalator or moving walk installed in the
City of Salina, Kansas. (Ord. No. 7035, ~ 1, 1-8-68)
Se.c. 9-385. Enforcement of article.
It shall be the duty of the administrative authority to en-
force the provisions of this article or any ordinance which
may hereafter be adopted concerning the installation of
elevators. (Ord. No. 7035, ~ 10, 1-8-68)
Sec. 9-386. Penalty for violation of article.
Any person found guilty of violating any of the provisions
of this article or neglecting or refusing to comply with any
order or notices of the administrative authority made pursu-
ant to the provisions of this article shall, upon conviction
thereof, be guilty of a misdemeanor and shall be subject to a
fine of not to exceed five hundred dollars ($500.00) or by im-
prisonment not to exceed thirty (30) days or by both such fine
and imprisonment for each such offense. (Ord. No. 7035, ~ 11,
1-8-68)
Sec. 9-387. Elevator contractors license; insurance; bond.
It shall be unlawful for any person to engage in the instal-
lation of elevators within the City of Salina without 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
elevators. The annual fee for such license shall be one hundred
thirty-five dollars ($135.00) for the first year and thirty-five
Supp. No. 20
423
~ 9-387
SALINA CODE
~ 9-388
',dollars ($35.00) for each consecutive year thereafter. It
shall also be required of an applicant for an elevator contractors
license, as the conditions to the issuance thereof, that it shall:
(a) Pass such examination as to his qualifications as the
administrative authority shall direct;
(b) Procure and maintain in full force for the duration
of the license, bodily injury insurance in the minimum
amount of three hundred thousand dollars ($300,000.00)
per occurrence and property damage liability insurance
in the minimum amount of one hundred thousand dol-
lars ($100,000.00) per occurrence. 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
cancelled or reduced, restricted or limited, unless the
administrative authority is given ten (10) days written
notice; .
(c) Execute a good and sufficient surety bond in the sum
of two thousand dollars ($2,000.00) the same to be ap-
proved by the board of commissioners 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 aris-
ing from his faulty work or neglect of duty in the pro-
tection of the public. (Ord. No. 7035, ~ 2, 1-8-68; Ord.
No. 8390, ~ 1, 11-25-74; Ord. No. 8471, ~ 1, 1-26-76)
Sec. 9-388. Permits and fees.
No person shall install an elevator or replace a major por-
tion of any existing elevator without first obtaining an eleva-
tor installation permit from the administrative authority. The
contractor of the apparatus shall submit an application for
such permit accompanied by plans and specifications in such
form as the administrative authority shall prescribe. When
such plans and specifications indicate conformity with this
article, the administrative authority shall issue an elevator in-
stallation permit.
Supp. No. 20
424
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~. 9~388 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9.391
Sec. 9-388(1). The fee for such permit shall be thirteen
dollars and thirty-five cents ($13.35) plus one dollar
and thirty-five cents ($1.35) per one thousand dollars
($1,000.00) of overall elevator construction costs and
shall include inspection fees.
Sec. 9-888(2). No permit shall be required for repairs and
replacements normally necessary for maintenance. (Ord.
No. 7035, S 3, 1-8-68; Ord. No. 8415, S 1, 1-6-75)
Sec. 9-389. Elevator safety code.
Installation of all elevators shall be made in accordance
with the current edition of the American Standard Safety
Code of Elevators, Dumbwaiters, Escalators and Moving
Walks, A.S.A.-AI7.1-1971 which is incorporated herein by
reference and is made a part of this article. In addition to the
above all electrical wiring will meet the requirements of the
electrical code of the City of Salina. (Ord. No. 7035, S 4,
1-8-68; Ord. No. 8748, S 1, 9-10-79)
Sec. 9-390. Division of electrical wiring requirements.
On new installations and major repairs of elevators, etc.,
elevator contractors, licensed by the City of Salina, shall in-
stall only electrical work on the elevator side of the feed wire
connection to the controller, including the control board, eleva-
tor motors, signals and lights, and to do all other wiring re-
quired for the control and operation of the elevators. Electri-
cal contractors, licensed by the City of Salina, shall bring the
power feeders to the terminals of the elevator, etc., control
panels through disconnect switches or circuit breakers and
will also bring the lighting circuit to midpoint of the hatch.
Repair or maintenance of elevators may be performed by
electrical contractors, licensed by the City of Salina. (Ord. No.
7035, S 5, 1-8-68)
Sec. 9-391. Inspection.
The administrative authority or any person designated by
him shall make, or cause to have made, an inspection of the
Supp. No. 25
425
~ 9-391
SALINA CODE
~ 9-400
installation, construction, repair, 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 sec-
tion and no such elevator shall be used until inspected and ap-
proved and until a certificate shall have been issued for the
same by the administrative authority. (Ord. No. 7035, S 6,
1-8-68 )
Sec. 9-392. Licenses issued by other cities of equal population.
An elevator contractor's license issued by another city of a
population of 30,000 or more may, if currently effective in
that city, be honored by the City of Salina for the purpose of
waiving an examination, but does not and will not change any
other provisions for obtaining a license, including the fee.
(Ord. No. 7035, S 7, 1-8-68)
Sec. 9-393. Revocation of license.
Any elevator contractor's license may be suspended for a
definite length of time or revoked outright by the administra-
tive authority for good and sufficient cause. This action is
subject to written appeal which shall be registered with the
city commission within fifteen (15) days. Said appeal shall
receive a ruling within fifteen (15) days after submission.
(Ord. No. 7035, S 8, 1-8-68)
Sec. 9-394. Release of responsibility.
This article shall not be construed to relieve or lessen the
responsibility of any person installing, operating or control-
ling 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 article. (Ord. No. 7035, S 9,
1-8-68)
Sees. 9-395-9-400. Reserved.
Supp. No. 25
426
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~ 9-401 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-411
ARTICLE XIII. SCREENING STANDARDS
Sees. 9-401, 9-402. Reserved.
Editor's note-Ord. No. 8553, ~ 1, adopted March 28, 1977, repealed
~~ 9-401, 9-402, and 9-404, relative to screening standards for District
EE and standards for exterior lighting in Districts EE and FF. Said
sections were derived from Ord. No. 8182, ~ I, adopted Nov. I, 1971.
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Sec. 9-403. Standard for planted screens.
The building official of the City of Salina shall at all times
keep on file in his office a suggested list of planting materials
and spacing requirements for various types of plants which
may be used as planting for screening. Any planted screens
which conform to said suggested list shall be deemed to comply
with the requirements of this article. The suggested planting
list shall be prepared by the building official subject to the
approval of the planning commission of the City of Salina,
Kansas, and may be amended from time to time. (Ord. No.
8182, ~ 1, 11-1-71)
~. 9-404. Reserved.
Note--See the editor's note at ~ 9-401.
Sees. 9-405-9-410. Reserved.
ARTICLE XIV. MOBILE HOME CONTRACTORS
AND CRAFTSMEN*
Sec. 9-411. License required.
It shall be unlawful for any person, partnership, firm,
association or corporation to engage in the business of electri-
cal, mechanical or plumbing contracting in or on mobile homes
without first having secured a mobile home contractor license.
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'"Editor's note--Ord. No. 8466, ~ 1, enacted Dec. 22, 1975, amended
Art. XIV to read as set out in ~~ 9-411-9-433. Formerly Art. XIV,
relative to mobile home craftsmen, was derived from Ord. No. 8272,
~ 1, adopted Jan. 15,1973.
Supp. No. 22
427
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~ 9-411 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-412
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I t 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 electrical equipment, appliances and devices, air
conditioning, heating equipment, or plumbing in or on a mobile
home within the City of Salina without first having secured a
master mobile home craftsman license and be in the employ
of a licensed mobile home contractor. The following exceptions
shall be allowed:
(a) 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 license mobile home
contractor, and he is under the supervision or direction
of a licensed master mobile home craftsman.
(b) 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 electrician,
plumber, or gas fitter from performing the services for
which he is licensed under the Salina Code in or on a
mobile home. (Ord. No. 8466, S 1, 12-22-75)
Sec. 9-412. License application for craftsman; examination;
fees generally; expiration of licenses.
Applications for examination for a master mobile home
craftsman license, a journeyman mobile home craftsman li-
cense, or an apprentice mobile home craftsman license shall
be made to the city clerk upon a form to be provided by said
clerk, and referred to the mobile home craftsman board of
examiners. The board shall examine the applicant, shall con-
sider his experience, training and other qualifications, and if
found satisfactory, it shall authorize the city clerk to issue
the license for which application was made. The minimum
qualifications shall be the same as are hereinafter set out. At
least one-half (1;2) of the examination shall be written.
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Supp. No. 20
429
~ 9-412
SALINA CODE
~ 9-413
(a) The annual fee for a mobile home contractors license
shall be one hundred thirty-five dollars ($135.00) for
the first year and thirty-five dollars ($35.00) for any
annual renewal thereof.
(b) The fee for an examination for a master mobile home
craftsman license shall be five dollars ($5.00). The fee
shall be paid to the city clerk when the application for
examination is made. The annual fee for a master mobile
home crafstman license shall be fifteen dollars ($15.00)
for the first year and five dollars ($5.00) for any annual
renewal thereof.
(c) The fee for an examination for a journeyman mobile
home craftsman license shall be five dollars ($5.00).
The fee shall be paid to the city clerk when the ap-
plication for examination is made. The annual fee for
the journeyman mobile home craftsman license shall
be ten dollars ($10.00) for the first year and five dollars
$5.00) for any annual renewal thereof.
(d) The fee for an examination for an apprentice mobile
home craftsman license shall be five dollars ($5.00).
The fee shall be paid to the city clerk when the appli-
cation for examination is made. The annual fee for an
apprentice mobile home craftsman license shall be five
dollars ($5.00) for the first year and five dollars ($5.00)
for any annual renewal thereof.
Such licenses shall expire on the 31st day of December of
each year. No license fee shall be prorated, except as provided
for in section 20-9 of the Salina Code. Any licensee who fails
to renew the same within sixty (60) days from the date of
expiration may be required to take a new examination and
pay an examination fee before receiving a new license. (Ord.
No. 8466, S 1, 12-22-75)
Sec. 9-413. Mobile. home contractors license application.
Applications for a mobile home contractors license shall be
made to the city clerk upon a form to be provided by said clerk
and referred to the mobile home craftsman board of examiners.
Supp. No. 20
430
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~ 9-413 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-414
The board shall examine the applications and if found satis-
factory, it shall authorize the city clerk to issue the license for
which the application was made. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-414. Craftsman classes established.
There are hereby established the following classes of mobile
home craftsmen:
Sec. 9-411,.(1). Master mobile home craftsman. A master
mobile 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 alteration to mobile homes. Graduation from an ap-
proved trade school or a combination of training and
experience may qualify an individual to take an exami-
nation for a license.
Sec. 9-414(2). Journeyman mobile home craftsman. A jour-
neyman mobile home craftsman is any person earning
his livelihood as a mobile home craftsman, but who
has not acquired the necessary longevity of experience
to qualify as a master mobile home craftsman, but shall
certify at least three (3) years of practical experience
in the field of mobile home repair. Such experience shall
include plumbing, gas, electrical, mechanical and struc-
tural installation, repair or alteration to mobile homes.
Graduation from an approved trade school or a com-
bination of training and experience may qualify an
individual to take an examination for a license.
See 9-411,.(3). Apprentice mobile lwme craftsman An ap-
prentice mobile home craftsman is any person earning
his livelihood as a mobile home craftsman, but who
has not acquired the necessary longevity or experience
to qualify as a journeyman mobile home craftsman.
Except by special written permission and consent issued
by the mobile home craftsman board of examiners,
he shall not work except under the immediate super-
vision and direction and in the presence of a licensed
Supp. No. 20
431
~ 9-414
SALINA CODE
~ 9-417
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 apprentice mobile
home craftsman without the express consent of the
mobile home craftsman 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 crafts-
man. (Ord. No. 8466, ~ 1,12-22-75)
Sec. 9-415. Mobile home craftsman board of examiners created;
membership.
There is hereby created a mobile home craftsman board of
examiners to consist of three (3) persons, one of whom will
be appointed by the mayor with the approval of the board of
commissioners to pass upon the qualifications, as elsewhere set
forth in this article, of all persons engaged in the repair, instal-
lation or alteration of mobile homes or their components.
The membership of a board shall consist of the city plumbing
and gas inspector, the city electrical inspector, and a licensed
master mobile home craftsman. Members shall be appointed
for a term of one year. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-416. Board to hold meetings meetings.
It shall be the duty of the members of the mobile home
craftsman board of examiners, under such rules and regulations
as they shall prescribe, to hold meetings as necessary, on days
to be announced by the mobile home craftsman board of
examiners, for the purpose of passing upon the qualifications
of parties desiring licenses to perform the duties of mobile home
craftsman. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-417. Board to conduct examinations; scope.
It shall be the duty of the mobile home craftsman board
of examiners to conduct examinations of applicants for mobile
home craftsman licenses. Examinations shall consist of ques-
tions, problems and demonstrations designed to show the
extent of the applicant's knowledge concerning the detailed
provisions of this article and the applicable city codes, the
Supp. No. 20
432
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~ 9-417 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-420
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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
(112) of said examination shall be written. (Ord. No. 8466,
~ 1, 12-22-75)
See. 9-418. Issuance of license.
After certification by the mobile home craftsman board of
examiners, licenses may be issued by the city clerk. Upon
issuance of said license, the holder thereof shall be authorized
to perform repairs to mobile homes including, without limita-
tion, mechanical and structural repairs and to make instal-
lations, 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 sys-
tems, if the connection may be made at the mobile home space.
The holder of this license shall not be authorized to install
or repair any part of the mobile home park electrical, plumbing
or gas systems. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-419. Suspension of craftsman or revocation of license.
Any mobile home craftsman may be suspended for a definite
length of time, or have his license revoked outright by the mo-
bile 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 craftsman 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 expedited and completed
not later than thirty (30) days after an appeal has been filed
with the mobile home craftsman board of examiners. (Ord.
No. 8466, ~ 1, 12-22-75)
Sec. 9-420. Permit required.
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No mobile home contractor or craftsman shall perform
any installation or repair to any mobile home without first
Supp. No. 20
433
~ 9-420
SALINA CODE
~ 9-425
obtaining a permit from the building inspection department.
(Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-421. 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 applicances requires a permit in every
case. Any direct connection to the gas, water, or electrical
supply lines will require a permit in every case. (Ord. No.
8466, ~ 1, 12-22-75)
Sec. 9-422. Record of permits required.
A complete record shall be kept by the inspection department
of all permits issued. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-423. Permit fee established.
The permit fee for the moving in and connection to the
gas, water or electrical mains for mobile homes shall be three
dollars ($3.00). For permits covered under the electrical or
plumbing section of this code established fee schedule will
apply. (Ord. No. 8466, ~ 1,12-22-75)
Sec. 9-424. 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 issued. 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 revocation of the mobile home
contractor or craftsman license. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-425. Inspection department to inspect.
It shall be the duty of the building inspection department
to inspect, or cause to be inspected, any work for which permits
are required by this code. (Ord. No. 8466, ~ 1, 12-22-75)
Supp. No. 20
434
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~ 9-426 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-430
Sec. 9-426. Inspection, approval required.
Any work performed under this code will require inspection
and approval by the inspection department. (Ord. No. 8466,
~ 1, 12-22-75)
Sec. 9-427. Concealing work before inspection.
No mobile home craftsman shall conceal, or cause to be con-
cealed, work performed under this code prior to inspection and
approval. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-428. Certificate of approval required before setting
meters or connection.
Prior to supplying electrical current, gas, or water to a newly
parked mobile home or a mobile home which has been tem-
porarily disconnected therefrom, a certificate of approval must
be issued by the building inspection department. (Ord. No.
8466, ~ 1,12-22-75)
Sec. 9-429. Issuance required.
It shall be required of the holder of a mobile home con-
tractors license, as a condition thereof, that he procure and
maintain in full force for the duration of the license, bodily
injury and liability insurance for the minimum amount of
three hundred thousand dollars ($300,000.00) limit per acci-
dent, as well as property damage liability insurance in the
minimum amount of one hundred thousand dollars ($100,-
000.00) per accident. Proof of coverage shall be approved by
the city attorney. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-430. Bond required.
Before any person, firm, partnership, association or corpo-
ration shall be granted a mobile home contractor's license,
said mobile home contractor 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 performance of work done by him, upon
Supp. No. 20
435
~ 9-430
SALINA CODE
~ 9-439
any mobile home in the city, 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. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-431. Contractor required to employ master mobile home
craftsman.
It shall be required of the holder of a mobile home con-
tractor'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. (Ord. No.
8466, ~ 1, 12-22-75)
Sec. 9-432. Calls for inspection.
Only mobile home contractors or master mobile home craftsman
shall be allowed to contact the inspection department and
request inspection and approval of any work done under this
code. (Ord. No. 8466, ~ 1, 12-22-75)
Sec. 9-433. Nonresident mobile home craftsman.
A nonresident mobile home craftsman is a person holding
a valid license for other than the City of Salina. Such crafts-
man shall be honored provided that the issuing city shall
have entered into an agreement with the City of Salina,
granting reciprocal privileges to the holders of valid Salina
mobile home craftsman licenses, and further provided that
the issuing city shall conduct examinations to determine the
qualifications of its licensee. Such qualifications shall be parallel
with those of the City of Salina. Any decision as to doubtful
qualifications of a licensee shall be determined by the mobile
home craftsman board of examiners. Nothing in this section
shall exempt the nonresident mobile home craftsman from
obtaining the proper licenses or permits from the City of Salina.
(Ord. No. 8466, ~ 1, 12-22-75)
Sees. 9-434-9-439. Reserved.
Supp. No. 20
436
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~ 9-440 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-441
ARTICLE XV. MECHANICAL CODE
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Sec. 9-440. Uniform Mechanical Code adopted.
There is hereby adopted, by reference, by the city for the
purpose of providing minimum standards 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 systems, incinerators and
other miscellaneous heat-producing appliances, that certain
mechanical code known as the Uniform Mechanical Code,
recommended and published by the International Conference
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. (Ord. No. 8329, ~ 1,
1-7-74; Ord. No. 8534, ~ 1, 1-3-77; Ord. No. 8749, ~ 1, 9-10-79)
Sec. 9-440.1. Amendment of Chapter 3, Table 3A, of the Uni-
form Mechanical Code.
Chapter 3, Table 3A of the Uniform Mechanical Code is
hereby amended by deleting item 6. (Ord. No. 8754, ~ 1, 10-
1-79)
Sec. 9-441. Mechanical contractor's license established.
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There are hereby established two (2) classes of license for
those engaged in the mechanical contracting business.
Sec. 9-441 (1). Class A mechanical contractor shall be li-
censed to do all work regulated by the mechanical code.
Sec. 9-441 (2). Class B mechanical contractor shall be li-
censed to install or construct only fireplaces, wood burn-
ing stoves and furnaces or other similar solid fuel burn-
ing appliances. (Ord. No. 8755, S 1, 10-1-79)
Supp. No. 25
437
.~ '9-442
SALINA CODE
~9-446
Sec. 9-442. License required.
Sec. 9-442(1). It shall be unlawful for any person, firm,
partnership, association, or corporation to engage in the busi-
ness of mechanical contracting without first having secured a
mechanical contractor's license.
Sec. 9-442(2). A homeowner who is presently occupying the
home shall not be required to obtain a license to install equip-
ment regulated by this code. (Ord. No. 8755, ~ 1, 10-1-79)
Sec. 9-443. License fee.
The license shall be issued by the city clerk and the appli-
cant shall pay the following fee:
Mechanical contractor's license (new application) ____$135.00
Mechanical contractor's license (renewal) _______________ 35.00
(Ord. No. 8755, S 1, 10-1-79)
Sec. 9-444. Mechanical contractor's license application.
Applications for a mechanical contractor's license shall be
made to the city clerk on a form to be provided by said clerk.
(Ord. No. 8755, ~ 1, 10-1-79)
Sec. 9-445. Permit required.
Sec. 9-445 (1). No mechanical contractor shall perform any
work regulated by the Uniform Mechanical Code without first
obtaining a permit from the department of permits and in-
spections.
Sec. 9-445(2). An owner/occupant of a single-family dwell-
ing may install equipment regulated by this code. A permit
shall be obtained prior to commencing such work. (Ord. No.
8755, ~ 1, 10-1-79)
Sec. 9-446. Record of permits required.
Sec. 9-446(1). A complete record of the permits issued shall
be kept by the department of permits and inspections.
Supp. No. 25
438
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~. 9-446 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-449.1
Sec. 9-446(2). Sales of equipment regulated by this code,
directly to consumers shall be recorded and reported to the de-
partment of permits and inspections on form provided by the
department. This requirement is due to the hazards involved
in the improper installation of such equipment.
Sec. 9-446(3). Consumers purchasing equipment shall be ad-
vised by the seller of requirements for permits and inspec-
tions. (Ord. No. 8755, S 1, 10-1-79)
Sec. 9-447. Department of permits and inspections to inspect.
It shall be the duty of the department of permits and in-
spections to inspect, or cause to be inspected, any work for
which permits are required by this code. (Ord. No. 8755, S 1,
10-1-79)
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Sec. 9-448. Inspection and approval required.
Any work performed under this code will require inspection
and approval by the department of permits and inspections.
(Ord. No. 8755, S 1, 10-1-79)
Sec. 9-449. Concealing work before inspection.
No mechanical contractor shall conceal, or cause to be con-
cealed, work performed under this code prior to inspection and
approval. (Ord. No. 8755, S 1, 10-1-79)
Sec. 9-449.1. Insurance required.
It shall be required of the holder of a mechanical contrac-
tor's license, as a condition thereof, that he procure and main-
tain in full force and effect for the duration of the license,
bodily injury and liability insurance for the minimum amount
of three hundred thousand dollars ($300,000.00) limit per oc-
currence, as well as property damage liability insurance in the
minimum amount of one hundred thousand dollars ($100,000.-
00) per occurrence. Proof of coverage shall be approved by the
city attorney. (Ord. No. 8755, S 1, 10-1-79)
Supp. No. 25
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439
~ 9-449.2
SALINA CODE
~ 9-450
Sec. 9-449.2. Bond required.
Before any person, firm, association, partnership, or cor-
poration shall be granted a mechanical contractor's license,
said contractor shall execute 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 ac-
count of any damages arising from the faulty work or neglect
of duty in the protection of the public. (Ord. No. 8755, ~ 1,
10-1-79)
Sec. 9-449.3. Exemptions from new contractor fee.
Persons, firms, associations, partnerships, corporations,
doing business as a bona fide mechanical contractor on the
effective date of this section [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 9-443. Further,
the same shall apply to currently licensed electrical, plumbing
and gas fitters 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 me-
chanical contractor's license, and providing the proper insur-
ance and bond as set forth in sections 9-442, 9-449.1 and
9-449.2. (Ord. No. 8755, ~ 1, 10-1-79)
ARTICLE XVI. ONE AND TWO F AMIL Y
DWELLING CODE
Sec. 9-450. One and Two Family Dwelling Code adopted.
There is hereby adopted, by reference, by the city for the
purpose of providing minimum standards 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
Supp. No. 25
440
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~ 9-450 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-460
known as the One and Two Family Dwelling Code, recom-
mended and published by the International Conference of
Building Officials, being particularly the 1975 Edition thereof,
including the appendices 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 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 dwell-
ings therein contained within the corporate limits of the city.
(Ord. No. 8532, ~ 1, 1-3-77)
Sees. 9-451-9-459. Reserved.
ARTICLE XVII. CODE FOR ABATEMENT OF
DANGEROUS BUILDINGS
Sec. 9-460. Uniform Code for the Abatement of Dangerous
Buildings adopted.
There is hereby adopted, by reference, by the city for the
purpose of providing minimum standards 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 Uniform Code
for the Abatement of Dangerous Buildings, recommended and
published by the International Conference of Building Offi-
cials, being particularly the 1979 Edition thereof, including the
appendices 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 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. (Ord. No. 8750, ~ 1,9-10-79)
Supp. No. 25
[The next page is 447]
441
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Chapter 10
CEMETERIES
Sec. 10-1. Management.
The city manager is hereby directed to supervise, manage
and operate The Gypsum Hill Cemetery, being a municipal
cemetery of the city, under such rules, bylaws and regulations
as may be adopted by the board of commissioners. (Code
1960, ~ 9-101)
Sec. 10-2. Employees.
The city manager is hereby authorized to employ such per-
sons as may be necessary to operate and maintain the munici-
pal cemetery under the rules, bylaws and regulations of the
board of commissioners. (Code 1960, ~ 9-102)
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[The next page is 473]
447
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Chapter 101;2
CIVIL DISOBEDIENCE*
Sec. 10Yz-1. Authority of mayor in emergency.
Whenever, in the judgment of the mayor or in the event of
his inability to act, the acting mayor determines that an emer-
gency exists as a result of mob action or other civil disobed-
ience causing danger of injury to or damages to persons or
property, he shall have power to impose by proclamation any
or all of the following regulations necessary to preserve the
peace and order of the city:
Sec. 101;2-1 (1). To impose a curfew upon all or any portion
of the city thereby requiring all persons in such desig-
nated curfew areas to forthwith remove themselves
from the public streets, alleys, parks or other public
places; provided, however, that physicians, nurses and
ambulance operators performing medical services,
utility personnel maintaining essential public services,
firemen and city authorized or requested law enforce-
ment officers and personnel may be exempted from
such curfew.
Sec. 101;2-1 (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.
Sec. 101;2-1 (3). To designate any public street, thorough-
fare or vehicle parking areas closed to motor vehicles
and pedestrian traffic.
Sec. 101;2-1 ( 4-). To call upon regular and auxiliary law en-
forcement agencies and organizations within or with-
out the city to assist in preserving and keeping the
peace within the city. (Ord. No. 7011, ~ 1, 8-21-67)
*Editor's note-Ord. No. 7011, ~~ 1-4, adopted August 21, 1967, being
nonamendatory of this Code, has been included as Chapter 10%, ~~
10%-1-10%-4, at the discretion of the editors.
Cross references-Offenses against peace and order generally, ~~
23-107-23-113; curfew for minors, ~ 23-149.
Supp. No.4
457
~ 10%-2
SALINA CODE
~ 10%-4
Sec. 10 Yz -2. Effective time of emergency proclamation.
The proclamation of emergency provided herein shall be-
come effective upon its issuance and dissemination to the pub-
lic by appropriate news media. (Ord. No. 7011, S 2, 8-21-67)
Sec. 10 Yz -3. Termination of emergency provisions.
Any emergency proclaimed in accordance with the provi-
sions of this chapter shall terminate after forty-eight (48)
hours from the issuance thereof, or upon the issuance of a
proclamation determining an emergency no longer exists,
whichever occurs first; provided, however, that such emer-
gency may be extended for such additional periods of time as
determined necessary by resolution of the governing body.
(Ord. No. 7011, S 3, 8-21-67)
Sec. 10 Yz -4. Failure to comply with provisions imposed by
emergency proclamation.
Any person who shall wilfully 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 herein shall be deemed
guilty of a misdemeanor. (Ord. No. 7011, S 4, 8-21-67)
Cross reference--Resisting an officer, ~ 23-57.
Supp. No. .(
458
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Chapter 11
ELECTIONS*
Sec. 11-1. City to consist of one ward.
The City of Salina shall consist of one ward to be known as
the first ward. (Ord. No. 8736, ~ 1, 9-10-79)
Sec. 11-2. 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 attached hereto which is
made a part hereof by reference. (Ord. No. 8736, ~ 1, 9-10-79)
Sec. 11-3. 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 district shall be and the same is
hereby attached to the several voting precincts of the city
contiguous thereto and all persons residing in any such at-
tached territory and possessing the qualifications of an elector
under the laws of the State of Kansas 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 at-
tached 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 fUr-
nished 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
*Editor's note-Ord. No. 8736, ~ I, enacted Sept. 10, 1979, amended
Ch. 11 to read as set out in ~~ 11-1-11-4. Section 2 of said Ord. No. 8736
repealed former ~~ 11-1-11-34, relative to elections, derived from Code
1960, ~~ 29-100-29-132; Ord. No. 6735, adopted Sept. 9, 1963. Ord. No.
8078, ~ 1, adopted April 13, 1970; and Ord. No. 8240, ~~ 1, 2, adopted
Aug. 21, 1972.
Cross reference-Disturbing or interfering with elections, ~ 23-108.
Supp. No. 25
473
~ 11-3
SALINA CODE
~ 11-4
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.
(Ord. No. 8736, ~ 1,9-10-79)
Sec. 11-4. Precinct for annexed territory.
Any territory hereafter added to the city shall become a
part of that voting precinct to which it is contiguous and whose
boundaries intersecting the city limits, if extended, would in-
clude such added territory unless such territory shall, by ordi-
nance, be specifically attached to some other voting precinct.
(Ord. No. 8736, ~ 1, 9-10-79)
[The next page is 493]
Supp. No. 25
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Chapter llA
EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
Art. I. In General, Iili llA-1-llA-9
Art. II. Human Relations Commission, ~~ llA-10-llA-19
Art. III. Human Relations Department, ~Ii llA-20-11A-29
Art. IV. Unlawful Employment Practices, ~Ii llA-30-11A-39
Art. V. Unlawful Public Accommodation Practices, Ii~ llA-40-11A-
49
Art. VI. Unlawful Housing Practices, ~Ii llA-SO-llA-S9
Art. VII. Public Contracts, Ii~ llA-60-11A-69
Art. VIII. Procedures for Filing and Processing Complaints, Ii~ llA-70
-llA-79
Art. IX. Miscellaneous Provisions, ~Ii llA-80-11A-89
Art. X. The Organizational Structure and Responsibilities for
Carrying Out the City's Commitment to the Principle of Non-
discrimination in City Employment, ~Ii llA-90-11A-!l8
ARTICLE I. IN GENERAL
. Sec. llA-l. Declaration of policy.
Sec. llA-l (1). The practice or policy of discrimination
against individuals by reason of race, sex, religion, age, color,
national origin, ancestry, physical handicap, or marital status
is a matter of concern to the City of Salina, since such dis-
crimination 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 of Salina to eliminate and prevent
discrimination in all employment relations, to eliminate and
prevent discrimination, segregation, or separation in all areas
of public accommodations, and eliminate and prevent discrimi-
nation, segregation or separation in housing as hereinafter
provided.
Sec. llA-l (2). It is also declared to be the policy of this
city to assure equal opportunities and encouragement to every
citizen regardless of race, sex, religion, age, color, national
origin, ancestry, physical handicap, or marital status, in se-
curing and holding, without discrimination, employment in any
field of work or labor for which he is properly qualified or
qualifiable, to assure equal opportunities to all persons within
this city to full and equal public accommodations, and to as-
Supp. No. 21, Rev.
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~ llA-1
SALINA CODE
~ llA-2
sure equal opportunities in housing without distinction on
account of race, sex, religion, age, color, national origin, an-
cestry, physical handicap, or marital status. It is further
declared that the opportunity to secure and to hold employ-
ment, the opportunity 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 declared to be the purpose of this act to
establish and to provide a city human relations commission
and a human relations department. (Ord. No. 8488, S 1,
5-24-76)
Sec. llA-2. Definitions.
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.
When used in this chapter, the following words shall mean:
Sec. llA-2(1). Chairman shall mean the chairman of the
human relations commission.
Sec. llA-2(2). Commission shall mean the human relations
commission as created by this chapter.
Sec. llA-2(3). Complainant shall mean any person claiming
to be aggrieved by any unlawful discriminatory practice or
violation of this chapter.
Sec. llA-2( 4). Contract shall mean any contract entered
into by the City of Salina, Kansas, or any of its subdivisions.
Sec. llA-2(5). Contractor shall mean any individual, part-
nership, corporation, association, or other entity entering
into a contract with the City of Salina and who is an employer
as herein defined.
Sec. l1A-2(6). Director shall mean the director of the
human relations department.
supp. No. 21, Rev.
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~ llA-2 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-2
Sec. llA-2(7). Employee shall mean any person employed
by an employer but does not include any individual employed
by his parents, spouse, or child.
Sec. l1A-2(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 organizations, nonsectarian corporations, and organiza-
tions engaged in social service work, and the City of Salina and
all political and municipal subdivisions thereof but shall not
include a nonprofit fraternal or social association or corpora-
tion.
Sec. llA-2(9). Employment agency includes any person
or governmental agency undertaking with or without compen-
sation to procure opportunities to work, or to procure, recruit,
refer, or place employees.
Sec. llA-2(10). Family includes a single individual.
Sec. llA-2(11). Financial institution shall mean any per-
son regularly engaged in the business of lending money or
guaranteeing loans on housing accommodations or real prop-
erty.
Sec. llA-2(12). Hotel, motel, and restaurant shall have
the meanings ascribed to them respectively by K.S.A. 36-501
and K.S.A. 36-301.
Sec. llA-2(13). Housing accommodations shall mean:
(a) Any building or portion thereof, whether such build-
ing 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 portion thereof, con-
taining accommodations for no more than two
(2) families, one of which is occupied by the owner
or his family at the time of rental.
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495
~ llA-2
SALINA CODE
~ llA-2
(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 family reside.
Sec. llA-2(14). Labor organization includes any organi-
zation which exists for the purpose, in whole or in part, of col-
lective bargaining or of dealing with employers concerning
grievances, terms or conditions of employment, or of other
mutual aid or protection in relation to employment.
Sec. llA-2(15). Occupational qualifications as used here-
in, are those qualifications which can be shown to be demon-
strably valid to the normal operation or performance of a
particular job, business or enterprise.
Sec. llA-2(16). Owner shall mean and include the owner,
lessee, sublessee, assignee, manager, agent, or other person,
firm or corporation, having the right to sell, rent or lease
any housing accommodation or real property within the cor-
porate limits of the city.
Sec. llA-2(17). Person includes one or more individuals,
partnerships, associations, organizations, corporations, munici-
pal corporations, quasi-municipal corporations, governmental
agencies, public bodies, legal representatives, trustees, trustees
in bankruptcy, receivers, fiduciaries, mutual companies or un-
incorporated organizations.
Sec. llA-2(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.
Sec. HA-2(19). Probable cause means the presence of a
reasonable ground for belief in the existence of the alleged
fact of a violation of any statute, ordinance, or other authority,
orders, rules or regulations.
Sec. l1A-2(20). Public accommodations shall include any
person, as defined herein, who caters or offers his goods, serv-
ices, facilities, and accommodations to the public, including all
Supp. No. 21
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~ llA-2 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-2
city agencies which serve the public, but shall not include a
nonprofit fraternal or social organization or corporation.
Sec. llA-2(21). Real estate broker shall mean any person
who, for a fee or other valuable consideration, sells, purchases,
exchanges, rents, negotiates, offers or attempts to negotiate
the sale, purchase, exchange or rental of housing accommoda-
tions or real property of another person.
Sec. llA-2(22). Real estate salesman or agent shall mean
any person employed by a real estate broker to perform, or to
assist in the performance of, any or all of the functions of a
real estate broker.
Sec. llA-2(23). Real property means and includes:
(a) All vacant or unimproved land, and
(b) Any facility or structure which is occupied or designed
or intended for occupancy, or any building or structure
having a portion thereof which is occupied or designed
or intended for occupancy.
Sec. llA-2(24). Respondent shall mean any person alleged
to have committed any unlawful act or violation of this chap-
ter.
Sec. l1A-2(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 separate contract with a contractor as defined herein to
fulfill all or any part of any contractor'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 de-
fined.
Sec. llA-2(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.
Sec. llA-2(27). Unlawful housing practice means any dis-
crimination or segregation or separation against any person
or group of persons because of race, sex, religion, age, color,
Supp. No. 21
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~ llA-2
SALINA CODE
~ llA-10
national origin, ancestry, physical handicap or marital status,
and shall include only those unlawful practices and acts as set
forth in this chapter.
Sec. llA-2(28). Unlawful employment practices includes
those unlawful practices and acts specified in K.S.A. 44-1009.
Sec. llA-2(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 accommodations covered
by this chapter by reason of their race, sex, religion, age,
color, national origin, ancestry, physical handicap, or marital
status. The term "unlawful public accommodation practice"
also means any discrimination against persons in a bar, tavern,
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 trans-
portation facility. The term "unlawful public accommodation
practice" also means any discrimination against persons in
the full and equal use and enjoyment of the services, facili-
ties, privileges and advantages of any institution, department
or agency of government within the legal boundaries of the
City of Salina. (Ol'd. No. 8488, S 1, 5-24-76)
Sees. llA-3-11A-9. Reserved.
ARTICLE II. HUMAN RELATIONS COMMISSION
Sec. llA-lO. Human relations commission created; composi-
tion, appointment, term, compensation of mem-
bers, quorum constituted.
There is hereby created a commission to be known as the
human relations commission. Said commission shall consist of
nine (9) members, at least three (3) of whom shall be mem-
bers of significant ethnic or minority groups within the com-
munity, who shall be appointed by the mayor, with the consent
of the governing body of Salina. The commission shall elect, by
secret ballot, one of its members as chairman, who shall pre-
Supp. No. 21
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g llA-lO EQUAL OPPORTUNITY, AFFIRMATIVE ACTION g llA-ll
side at all meetings of the commission 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 elect, in the
same manner, one of its members as vice-chairman who shall
act as chairman during the absence or incapacity of the chair-
man and, when so acting, the member so designated shall
have and perform all the duties and functions of the chairman
of the commission. Initial appointments to the 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
members of the commission by unanimous vote. The chairman
or vice-chairman may resign from his office at any time
during his term and may do so without resigning from the
commission. In such event, the commission shall elect another
member to replace him, and such person shall serve the unex-
pired term of the person he replaces. A majority of the pres-
ently serving members of the commission shall constitute a
quorum for the purpose of conducting the business thereof.
The members of the commission shall serve without compen-
sation. (Ord. No. 8488, ~ 1, 5-24-76)
Sec. llA-ll. Powers and duties of the commission.
The commission shall have the following functions, powers,
duties, and responsibilities:
Sec. llA-ll (1). To hear appeals from a decision made by
the director that no probable cause exists for a com-
plaint as provided in section llA-70. 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 com-
Supp. No. 21, Rev.
499
~ llA-ll
SALINA CODE
~ llA-l1
plaint back to the director with instructions for further
proceedings in accordance with section llA-22 (6).
Sec. llA-ll (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 necessary and proper for
the enforcement of this chapter. The commission may,
at the request of the complainant, the respondent, or
upon its own motion, issue process to compel the at-
tendance and testimony of any person, and require
the production of books, papers or any other evidence
relating to any matter under investigation. The com-
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 district
court, Saline County, Kansas, in order to obtain com-
pliance.
Sec. llA-ll (3). In conducting a hearing, the commISSIon
shall have access at all reasonable time to premises,
records, documents and other evidence or possible
sources of evidence, and may examine, record, and copy
such materials and take and record the testimony or
statements of such persons as are reasonably 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 com-
mission, through the city attorney, may request the
district court of Saline County, Kansas, to order such
person to comply with such request. The commission
may take testimony under oath or affirmation.
Sec. llA-ll (4). To endeavor to eliminate prejudice among
the various groups in this city and to create harmonious
relationships among the various persons and agencies
within this city.
Supp. No. 21, Rev.
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~ llA-ll EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-ll
Sec. llA-ll (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 governing body human rela-
tions policies, procedures and programs. Such advisory
and/or conciliatory agency shall be composed of repre-
sentative citizens serving without pay. The commis-
mission may itself make the studies and perform the
acts authorized by this article. It shall, by voluntary
conference with parties in interest, endeavor by con-
ciliation and persuasion to eliminate discrimination.
Sec. llA-ll (6). To accept contributions from any person
or governmental unit to assist in the effectuation of
this article; and to seek and enlist the cooperation, in-
cluding financial assistance, of private, charitable, re-
ligious, labor, civic, or benevolent organizations for the
purpose of this article.
Sec. llA-ll (7). To actively promote the purpose of, and
information about, this chapter through public appear-
ances, speaking engagements, news media, publications,
etc., and to issue such publications and such results of
investigation 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, ancestry, physical handicap, or marital
status.
Sec. 11A-ll (8). To render each year to the governing body
of the city a full written report of all of its activities
and of its recommendations.
Sec. llA-ll (9). To receive and accept, through the gov-
erning body, city, county, state, and federal funds to
effectuate the purposes of this chapter; and to act as
the contracting agency in agreements with any govern-
mental agency, for such purposes, as may be designated
and approved by the governing body.
Sec. llA-ll (10). To cooperate with the Kansas Commission
on Civil Rights and with other organizations or
Supp. No. 21
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~ llA-ll
SALINA CODE
~ l1A-21
agencies, both public and private, whose purposes are
not inconsistent with those of this chapter.
Sec. llA-ll (11). To meet regularly once each month at a
place and time decided by the commission and to adopt
rules and regulations to conduct necessary business.
Special meetings may be called by the chairman or by
a majority of the members of the commission then
presently serving.
Sec. llA-11 (12). To regularly advise the members of the
governing body, through distribution of its agenda,
minutes, memoranda, reports, and other pertinent docu-
ments, the items of business before the commission,
the ongoing status of such items, and the disposition of
such items. (Ord. No. 8488, S 1, 5-24-76)
Secs. llA-12-11A-19. Reserved.
ARTICLE III. HUMAN RELATIONS DEPARTMENT
Sec. llA-20. Creation of department.
There is hereby created a human relations department for
the purpose of administering and enforcing the provisions of
this chapter or as hereafter amended. (Ord. No. 8488, S 1,
5-24-76)
Sec. llA-21. Position of director of human relations created;
appointment, salary.
There is hereby created the position of director of human
relations of the City of Salina to be appointed by and directly
responsible to the city manager. The human relations commis-
sion may submit recommendations to the city manager of ap-
plicants for this position, but merit and fitness shall be the
governing criteria in the selection of the director of human
relations. The salary of the director of human relations shall
be fixed by the governing body. (Ord. No. 8488, S 1, 5-24-76)
Supp. No. 21
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Sec. llA-22. Duties, responsibilities, and authority of the hu-
man relations director.
The director shall have the following duties, responsibilities,
and authority: The administration of this chapter shall be the
responsibility of the director of human relations department
and his designated staff. The director shall promulgate pro-
cedure to implement, expedite, and effectuate the provisions
of this chapter. In addition to any powers and responsibilities
heretofore conferred in the director, the director shall have
the power and responsibility to :
Sec. llA-22(1). Seek to eliminate and prevent discrimina-
tion in employment because of race, sex, religion, age,
color, national origin, ancestry, physical handicap, or
marital status, by employers, labor organizations, em-
ployment agencies, or other persons, and to take other
actions against discrimination because of race, sex,
religion, age, color, national origin, ancestry, physical
handicap, or marital status as provided herein;
Sec. llA-22(2). Effectuate the purposes of this chapter
first by conference, conciliation, and persuasion so that
persons may be guaranteed their civil rights and good
will fostered;
Sec. llA-22(3). Seek cooperation from and, upon request,
make technical assistance available to all city govern-
ment departments and agencies;
Sec. l1A-22( 4). Receive, investigate, initiate and attempt
to conciliate complaints alleging discrimination in em-
ployment, housing and public accommodations because
of race, sex, religion, age, color, national origin, an-
cestry, physical handicap, or marital status;
Sec. llA-22(5). Pursue the goals of affirmative action
implementation within municipal government and ex-
ternal to municipal government through continued dia-
logue and technical asssitance;
Sec. llA-22(6). In conducting an investigation the director
shall have access at all reasonable times to premises,
Supp. No. 21
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~ llA-22
SALINA CODE
~ llA-30
records, documents, and other evidence or possible
sources of evidence, and may examine, record, and copy
such materials and take and record the testimony or
statements of such persons as are reasonably 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 di-
rector may request the city attorney to file the appro-
priate action in the district court of Saline County,
Kansas, to order such person to comply with such
request;
Sec. llA-22(7). Request the city attorney to apply to the
district court of Saline County, Kansas for temporary
or permanent injunction relief to enjoin violation of
this chapter;
Sec. llA-22(8). Request the city attorney to apply to the
district court for enforcement of any conciliation agree-
ment by seeking specific performance of such agree-
ment;
Sec. llA-22(9). Attend all meetings and serve as secre-
tary of the human relations commission; provide neces-
sary reports, such as agenda, minutes, and schedules of
commission meetings to the commission, to the gov-
erning body, and to the city manager; advise the local
news media of commission meetings and agenda. (Ord.
No. 8488, ~ 1,5-24-76)
Sees. llA-23-11A-29. Reserved.
ARTICLE IV. UNLAWFUL EMPLOYMENT PRACTICES
Sec. llA-30. Unlawful employment practices.
It shall be an unlawful employment practice:
Sec. llA-30(1). For an employer, because of race, sex,
religion, age, color, national origin, ancestry, physical
handicap or marital status of any individual to refuse to
Supp. No. 21
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~ llA-30 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-30
hire or employ, or to bar or discharge from employment
such individual; or to otherwise discriminate against
such individual in compensation, or in terms, conditions,
or privileges of employment; or to limit, segregate,
separate, classify or make any distinction in regard to
employees; or to follow any employment procedure or
practice which, in fact, results in discrimination, segre-
gation, or separation without a valid business motive.
Sec. l1A-30(2). For a labor organization, because of race,
sex, religion, age, color, national origin, ancestry, physi-
cal handicap or marital status of any individual, to
exclude or to expel from its membership such indi-
vidual; or to discriminate in any way against any of its
members, or against any employer, or against any indi-
vidual employed by the employer.
Sec. llA-30(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 prospective employment or membership, which
expresses, directly or indirectly, any limitation, speci-
fication, or discrimination as to race, sex, religion, age,
color, national origin, ancestry, physical handicap or
marital status, or any intent to make any such limita-
tion, specification, or discrimination, unless based on a
bona fide occupational qualification.
Sec. llA-30( 4). For any employer, employment agency, or,
labor organization to discharge, expel, or otherwise dis-
criminate against any person because 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.
Sec. llA-30(5). For ~n employment agency to refuse to
list and properly classify for employment, or refuse to
refer an individual for employment, or otherwise dis-
criminate against any individual because of his race,
sex, religion, age, color, national origin, ancestry, physi-
Supp. No. 21
505
~ llA-30
SALINA CODE
~ llA-39
cal handicap or marital status; or to comply with a re-
quest from an employer for a referral of applicants for
employment if the request expresses, either directly or
indirectly, any limitations, specifications, or discrimina-
tion as to race, sex, religion, age, color, national origin,
ancestry, physical handicap or marital status unless
such request is accompanied by a demonstrably valid
occupational qualification.
Sec. llA-30(6). For an employer, labor organization, em-
ployment agency or school which provides, coordinates,
or controls apprenticeship, on the job training, or other
training or retraining program, to maintain a practice
of discrimination, segregation, or separation because of
race, sex, religion, age, color, national origin, ancestry,
physical handicap or marital status, in admission, hir-
ing, assignment, upgrading, transfers, promotion, lay-
off, dismissal, apprenticeship, or other training or
retraining programs; or in any other terms, conditions,
or privileges of employment, membership, apprentice-
ship, or training; or to follow any policy or procedure
which, in fact, results in such practices, without a valid
business motive or occupational qualification.
Sec. llA-30(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. (Ord. No. 8488, ~ 1, 5-24-76)
Sec. llA-31. Exceptions.
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 retire-
ment plan. (Ord. No. 8488, ~ 1,5-24-76)
Sees. llA-32-11A-39. Reserved.
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~ llA-40 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-40
ARTICLE V. UNLAWFUL PUBLIC ACCOMMODATION
PRACTICES
Sec. llA-40. Unlawful public accommodations practices.
It shall be an unlawful public accommodations practice for
any person as defined herein being the owner, operator, lessee,
manager, administrator, agent, or employee of any place of
public accommodation:
Sec. llA-40(1). To refuse, deny, or make a distinction
directly or indirectly in offering its goods, services, fa-
cilities, and accommodations to any 'person as covered
by this chapter, because of race, sex, religion, age,
color, national origin, ancestry, physical handicap or
marital status.
Sec. llA-40(2). For any person as defined herein, whether
or not specifically enjoined from discriminating under
any provisions of this chapter, to aid, abet, incite, com-
pel, or coerce the doing of any of the acts forbidden
under this chapter, or attempt to do so.
Sec. llA-40(3). Nothing in this chapter shall prohibit a
religious organization, association, or society, or any
nonprofit institution or organization operated, super-
vised, or controlled by or in conjunction with a religious
organization, association, or society, from limiting its
offerings of goods, services, facilities, and accommoda-
tions, to persons of the same religion, or from giving
preference to such persons, provided that such offerings
above mentioned are not, in fact, offered for commercial
purposes.
Sec. llA-40( 4). Nor shall anything in this chapter pro-
hibit a nonprofit private club, in fact not open to the
public, which incident to its primary purpose or pur-
poses, provides certain public accommodations herein
defined, for other than commercial purposes, from limit-
ing such accommodations to its members, or giving
preference to its members and guests of its members.
(Ord. No. 8488, ~ 1, 5-24-76)
Supp. No. 21
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~ l1A-41
SALINA CODE
~ l1A-50
Sees. llA-41-11A-49. Reserved.
ARTICLE VI. UNLAWFUL HOUSING PRACTICES
Sec. llA-50. Unlawful discriminatory housing practices.
It shall be an unlawful housing practice:
Sec. llA-50(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 sub-
lease any real property or part or portion thereof
to any person or to refuse to negotiate for the sale,
rental, lease, assignment, or sublease when in fact
it is so available, or otherwise to deny or with-
hold any housing accommodations 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 accommo-
dations or real property or part or portion thereof
or in the furnishing of facilities or services in con-
nection therewith, or to require any person to dis-
criminate 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, published, circulated,
issued, displayed, posted ()r 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 accommo-
dations or real property or part or portion thereof
which expresses, directly or indirectly, any limita-
tion, specification, or discrimination. The produc-
tion of any such statement, advertisement, pub-
licity, sign, form of application or record purport-
Supp. No. 21
508
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~ llA-50 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-50
ing to be made by any such person shall be prima
facie evidence in any action that the same was
authorized by such person.
Sec. llA-50(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 accommoda-
tions or real property or part or portion thereof,
in the granting, withholding, extending, modifying,
or renewing, or in the fixing of the rates, terms,
conditions or provisions of any such financial as-
sistance, or in the extension of service in connec-
tion therewith; or
(b) To use any form of application for such financial
assistance or to make any record or inquiry in con-
nection with applications for such financial assist-
ance which expresses, directly or indirectly, any
limitation, specification or discrimination as to
race, sex, religion, age, color, national origin, an-
cestry, physical handicap, or marital status, or
any interest to make such limitation, specification
or discrimination.
Sec. l1A-50(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 accommoda-
tions or real property on the ground of imminent,
or prospective entry into the neighborhood of a
person or persons of a particular race, sex, religion,
age, color, national origin, ancestry, physical handi-
cap, or marital status, or use such fact or suspicion
as a sales or listing inducement or stimulant, or to
Supp. No. 21
509
~ llA-50
SALINA CODE
~ llA-60
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 reprisal, or to
engage in, or hire, or conspire with others to com-
mit acts or activities 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 enforce the rights
protected by this chapter; to aid, abet, incite, com-
pel or coerce any person to engage in any of the
unlawful discriminatory housing practices defined
in this chapter.
Sec. llA-50( 4). For any person, owner, real estate broker,
real estate salesman, or agent thereof to knowingly
sell, rent, assign, lease or sublease any housing accom-
modation or real property which has been withheld
from any person in violation of this chapter, prior to the
satisfactory adjustment of the matter with the director
or the complainant, or the disposition of the matter in
court. (Ord. No. 8488, S I, 5-24-76)
Sees. llA-51-11A-59. Reserved.
ARTICLE VII. PUBLIC CONTRACTS
Sec. llA-60. Public contracts.
Every contract for or on behalf of the City of Salina or any
agency thereof, for construction, alteration or repair of any
public building or public work or for the acquisition of ma-
terials, equipment, supplies, or services, shall contain provi-
sions by which the contractor and any subcontractors agree
that:
Sec. llA-60(1). The contractor and subcontractor shall
observe the provisions of this chapter and shall not dis-
criminate against any person in the performance of
Supp. No. 21
510
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~ llA-60 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-62
work under the present contract because of race, sex,
religion, age, color, national origin, ancestry, physical
handicap, or marital status, except by reason of a de-
monstrably valid qualification or business motive.
Sec. llA-60(2). In all solicitations, or advertisements for
employees, the contractor shall include the phrase
"equal opportunity employer", or a similar phrase to
be approved by the director. (Ord. No. 8488, ~ 1, 5-
24-76)
Sec. llA-61. Contract provisions.
In all contracts entered into by the City of Salina, Kansas, or
any of its agencies or departments, there shall be included a
provision that during the performance of the contract, the
contractor will not discriminate against any employee or ap-
plicant for employment in the performance of said contract and
every contractor shall include similar provisions in all sub-
contracts under his contract with the City of Salina. (Ord. No.
8488, ~ 1,5-24-76)
Sec. llA-62. Affirmative action.
Any contractor entering into a contract with the City of
Salina and his subcontractors shall take affirmative action to
insure that employees are treated equally without regard to
their race, sex, religion, age, color, national origin, ancestry,
physical handicap or marital status. Such affirmative action
shall include, but not be limited to the following: Employ-
ment, upgrading, demotion or transfer, recruiting or recruit-
ment, advertising, layoff or termination, rates of payor other
forms of compensation and selection for training, including
apprenticeship. The contractor and subcontractor shall agree
to post in conspicuous places available to employees and appli-
cants for employment, notices to be provided by the director
setting forth provisions of this article. The contractor and his
subcontractors shall provide all affirmative action informa-
tion and necessary documents to implement the compliance
with the requirements of all federal, state and local laws and
Supp. No. 21
510.1
~ llA-62
SALINA CODE
~ llA-54
ordinances. It shall be no excuse that the employer has a col-
lective bargaining agreement with any union providing for
exclusive referral or approval systems. The failure of the con-
tractor or subcontractors to comply with the requirements of
this article shall be grounds for cancellation, termination, or
suspension of the contract in whole or in part by the governing
body with the contractor or subcontractors until satisfactory
proof of intent to comply shall be submitted to and accepted
by the governing body. (Ord. No. 8488, ~ 1, 5-24-76)
Sec. llA-63. Affirmative action plans.
Every contractor and subcontractor prior to entering into a
contract with the City of Salina shall submit to the director
an acceptable written affirmative action plan which shall:
Sec. llA-63(1). Identify areas of employment, employment
policies, and employment practices which require action
by the contractor or subcontractor to assure equal
employment opportunity.
Sec. llA-63(2). Analyze these areas, policies and practices
to determine what actions by said contractor or subcon-
tractor will be most effective.
Sec. llA-63(3). Establish a plan with goals and timetables
designed to achieve equal employment opportunity.
Sec. llA-63(J,,). Include provisions for implementation,
monitoring, and periodic evaluation in order to insure
that it continues to be a valid plan. (Ord. No. 8488, ~
1,5-24-76)
Sec. llA-64. Exemptions.
The provisions of this article shall not apply to :
Sec. llA-6J,,(1). Contractors or suppliers who would not
be considered as an "employer" as defined in Article
I, section llA-2 (7).
Sec. llA-6J,,(2). Contracts and subcontracts not exceeding
ten thousand dollars ($10,000.00).
Supp. No. 21
510.2
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~ llA-64 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-71
Sec. llA-64.(3). Call type or purchase order agreements
which do not exceed ten thousand dollars ($10,000.00)
in total per calendar year. Provided; vendors, con-
tractors and suppliers who will supply or expect to
supply the City of Salina with goods or services exceed-
ing ten thousand dollars ($10,000.00) during the subse-
quent calendar year shall not be exempt from the re-
quirements of this article.
Provided, the above exemptions shall not conflict with ap-
plicable state or federal laws. (Ord. No. 8488, ~ 1, 5-24-76)
Sees. llA-65-11A-69. Reserved.
ARTICLE VIII. PROCEDURES FOR FILING AND
PROCESSING COMPLAINTS
Sec. llA-70. Complaint, filing of.
Any person claiming to be aggrieved by an alleged unlawful
act or practice may, by himself or by his attorney-at-law,
make, sign, and file with the director a verified complaint, 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 pro-
vision of this chapter may file a verified complaint asking for
assistance by conciliation or other remedial action. (Ord. No.
8488, ~ 1, 5-24-76)
See. llA-71. Submission of a false, misleading, or incomplete
complaint, statement; response or report.
Any person who knowingly and intentionally submits or files
or causes to be submitted or filed, a false, misleading, or in-
complete complaint, statement, response or report with the
human relations commission, the director or any of his person-
nel, shall be guilty of a misdemeanor, and upon conviction
thereof shall be subject to the penalty provided in section
1-8 of the Salina Code. (Ord. No. 8488, ~ 1, 5-24-76)
Supp. No. 24
510.3
~ llA-72
SALINA CODE
~ llA-72
Sec. llA-72. Procedures for processing complaints.
Procedures for processing the complaint shall be in accord-
ance with the following:
Sec. llA-72(1). The human relations department shall
maintain a docket of all legally filed complaints, and
each complaint as initiated, shall be assigned an appro-
priate designation.
Sec. llA-72(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 com-
plainant; 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.
Sec. llA-72(3). The director shall make, with the assist-
ance of his staff, a prompt and full investigation of the
alleged unlawful act or practice.
Sec. llA-72(4). A report on the findings of such investi-
gation shall be made by the director to the city manager
within thirty (30) days after original receipt of the
complaint; provided, however, for good cause shown,
the city manager may grant to the director additional
periods of time not to exceed thirty (30) days to make
his findings and reports.
Sec. llA-72 (5). Upon completion of the investigation, the
director shall determine whether probable cause exists
for such complaint.
Sec. llA-72(6). Both the complainant and the respondent
shall promptly be notified by certified mail of the de-
termination concerning probable cause, and that such
determination may be appealed in writing to the human
relations commission within fifteen (15) days of noti-
fication.
Supp. No. 24
510.4
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~ llA-72 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-72
Sec. llA-72(7). Either the complainant or respondent, if
not satisfied with the determination concerning prob-
able cause, may request a public hearing before the com-
mission. Such request shall be submitted in writing
within fifteen (15) days following receipt of notification
of said determination.
Sec. llA-72(8). If it is determined that probable cause
exists for crediting the allegations of the complaint,
and no request for a public hearing before the commis-
sion is filed, the director shall promptly endeavor to
eliminate the unlawful discriminatory act or practice
by means of conciliation and persuasion. The director
shall not make public the details of such conciliatory
proceedings, but he may publish the terms of any con-
ciliation agreement.
Sec. llA-72(9). If no agreement is reached, and there has
been no hearing, as provided by section llA-72(7), the
complainant, respondent and/or director may request a
public hearing before the commission. Such request shall
be submitted to the commission in writing within five
(5) days from the date the director determines an im-
passe has been reached in the negotiations.
Sec. llA-72(10). Upon receipt of a written request from
the complainant, respondent and/or director for a
public hearing, the chairman of the commission or,
in his absence, the vice-chairman, shall, within five (5)
days designate five (6) 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 thirty (30) days of receipt of the
written request for the hearing, provided, however, for
good cause shown, the commission may grant additional
periods of time not to exceed thirty (30) days in which
to hold such public hearing.
Sec. llA-72(11). The commission shall adopt such rules
and procedures for conducting public hearings as it
deems necessary and appropriate.
Supp. No. 24
510.5
~ llA-72
SALINA CODE
~ llA-72
Sec. llA-72(12). The city attorney or his assistant shall
be available to the commission to assist in conducting
public hearings. In the event the complaint involves
the City of Salina or any of its officials or employees
the commission may retain other local legal counsel
for such assistance.
Sec. llA-72(13). The commission on its own initiative may
at any time, during the course of the investigation, or
subsequent thereto, order a public hearing.
Sec. llA-72(14). Both the complainant and respondent
shall within ten (10) days of completion of the public
hearing be notified by certified mail of the results
of such hearing.
Sec. llA-72(15). If the commissioners conducting said
hearing conclude, by a majority vote, that the respond-
ent has, in their opinion, engaged in unlawful discrimi-
natory acts or practices 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:
(a)
Instruct the director to proceed with conciliation
and negotiations to correct such unlawful dis-
criminatory acts or practices, and develop a writ-
ten conciliatory agreement between the complain-
ant and the respondent.
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 chapter, includ-
ing a requirement for a report or reports of the
manner of compliance.
Certify the case and the entire record of its pro-
ceedings to the city attorney for prosecution in
the appropriate court of law. Or, if other legal
counsel has been retained as provided for in subsec-
(b)
(c)
Supp. No. 24
510.6
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~ llA-72 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-73
tion llA-72(10) above, the case may be cetified
to that attorney for prosecution.
Sec. llA-72(16). Failure to comply with or violation of any
conciliatory agreement entered into by the complaimint
or respondent, or failure to comply with any order
issued by the reviewing board 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. (Ord.
No. 8488, ~ 1, 5-24-76; Ord. No. 8643, ~~ 1, 2, 7-10-78;
Ord. No. 8644, ~ 1, 7-10~78; Ord. No. 8645, ~ 1, 7-10-78;
Ord. No. 8692, ~ 1, 3-5-79)
Sec. llA-73. Time for filing complaint.
Any person claiming to be aggrieved by reason of an alleged
unlawful act or practice must file his complaint with the
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Supp. No. 24
510.6.1
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~ llA-73 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-80
director within the following periods of time from the date of
the alleged incident, to wit:
Sec. llA-73(1). For violation of any of the unlawful em-
ployment practices specified in Article IV within nine-
ty (90) days from the date of the alleged incident.
Sec. llA-73(2). For violation of any unlawful public ac-
commodation practice as specified in Article V, within
ninety (90) days from the date of the alleged violation.
Sec. llA-73(3). For violation of any unlawful housing prac-
tices as specified in Article VI, within thirty (30) days
from the alleged incident.
Sec. llA-73(4). For violation of any unlawful practices
under public contracts as specified in Article VII, with-
in ninety (90) days from the date of the alleged inci-
dent.
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 chapter. (Ord. No. 8488, S 1, 5-24-76)
Sees. llA-74-11A-79. Reserved.
ARTICLE IX. MISCELLANEOUS PROVISIONS
Sec. llA-80. 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 discrimina-
tion because of race, sex, religion, age, color, national origin,
ancestry, physical handicap or marital status 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. Nothing contained in this
chapter shall require any person to commit any act, or be a
party thereto, which would constitute a violation of any exist-
ing law or ordinance. (Ord. No. 8488, S 1, 5-24-76)
Supp. No. 21
510.7
~ llA-81
SALINA CODE
~ llA-91
Sec. llA-81. Invalidity in part.
If any clause, sentence, paragraph or part of this chapter
or any application thereof to any person or circumstance, shall
for any reason be adjudged by a court of competent jurisdic-
tion to be invalid, such judgement shall not affect, impair, or
invalidate the remainder of this chapter, and the application
thereof to other persons or circumstances but shall be con-
fined in its operation to the clause, sentence, paragraph or
part thereof directly involved in the controversy in which such
judgment shall have been rendered and the persons or cir-
cumstances involved. It is hereby declared to be the legislative
intent that this chapter would have been adopted had such
provisions not be included. (Ord. No. 8488, ~ 1, 5-24-76)
Sees. llA-82-11A-89. Reserved.
ARTICLE X. THE ORGANIZATIONAL STRUCTURE
AND RESPONSIBILITIES FOR CARRYING OUT
THE CITY'S COMMITMENT TO THE PRINCIPLE
OF NONDISCRIMINATION IN
CITY EMPLOYMENT
Sec. llA-90. Administration.
The administration of this article shall be the responsibility
of the city manager. (Ord. No. 8489, ~ 1,5-24-76)
Sec. llA-91. Definitions.
The personal pronouns and gender of nouns used in this
article shall not be construed as limiting the provisions of
this article to one or the other sex.
When used in this article, the following words shall mean:
Sec. llA-91 (1). Directors. The director of personnel and
the director of human relations.
Sec. llA-91 (2). Minority. Minorities are defined by the
Federal EEOC are members of racial or ethnic groups
which have encountered, or now encounter, employ-
ment or other discrimination in our society because of
such group membership or affiliations.
Supp. No. 21
510.8
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~ llA-91 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-92
Ethnic categories as defined by Federal EEOC:
(a) The category "white" should include persons of
Indo-European descent, including Pakistani and
East Indian.
(b) The category "black" should include persons of
African descent as well as those identified as J a-
maican, 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 per-
sons of Japanese, Chinese, Korean, or Filipino de-
scent.
(f) The category "other" should include Aleuts, Eski-
mos, Malayans, Thais, and others not covered by
the specific categories on the form.
Sec. llA-91 (3). Program. The affirmative action pro-
gram. (Ord. No. 8489, ~ 1, 5-24-76)
Sec. llA-92. Selection standards.
Sec. llA-92(1). The directors will cause a review of all
job specifications to assure that requirements contained there-
in are job related and do not present unreasonable barriers for
entry by minority or female applicants.
Sec. llA-92(2). The directors will cause a review of all
written examinations administered to assure that they do not
have a discriminatory effect on minority or female applicants.
Sec. llA-92(3). As new classifications are established, or
new selection standards utilized, the directors will review.each
standard to assure its nondiscriminatory nature. (Ord. No.
8489, ~ 1,5-4-76)
Supp. No. 24
510.9
~ llA-93
SALINA CODE
~ llA-94
Sec. llA-93. Recruiting and advertising.
Sec. llA-93(1). In order to insure nondiscrimination in em-
ployment opportunities, the director of personnel shall prompt-
ly notify the director of human relations of any vacancy to
be filled. The director of human relations shall upon receiving
any job vacancy listing, promptly post notice of such in public
locations in at least three (3) places throughout 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 general circula-
tion in the city. The city shall be responsible for the payment
of all advertising costs. No person shall be employed to fill
any vacancy, except in the "semiskilled and laborer-type" cate-
gory, within ten (10) days after the vacancy is listed with the
director of human relations, unless in the opinion of the city
manager an emergency exists. Vacancies in the "semiskilled
and laborer-type" category may be filled after publication of
the vacancy. All applications for employment shall be filed
with the director of personnel.
Sec. llA-93(2). Recruiting efforts shall be directed toward
educational institutions having minority and/or female en-
rollment.
Sec. llA-93(3). Communications and referral relation-
ships to be established and maintained with groups and or-
ganizations likely to yield minority or female applicants.
Sec. llA-93( 4). Advertising for applicants shall be done in
the manner most likely to reflect the city's affirmative de-
sire to attract minority and female applicants. (Ord. No. 8489,
S 1, 5-24-7.6; Ord. No. 8689, S 1, 2-26-79)
Sec. llA-94. Affirmative management.
Sec. llA-94(1). It shall be unlawful for the head of any
department, official agent, or employee of the City of Salina,
Kansas, or of any department thereof acting for or on behalf
of said city in any manner involving employment by said city to
Supp. No. 24
510.10
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~ llA-94 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-95
discrimiD:ate against any person otherwise qualified in employ-
ment or in tenure, terms or conditions of employment, or to
discriminate in promotion or increase in compensation; or to
publish offers of or to offer employment based upon suchdis-
crimination; 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 employee, as a condition of employment,
tenure, term or in connection with conditions of employment,
promotion or increase in compensation unless such information
is demonstrably valid as being an essential occupational quali-
fication, or to discriminate in the selection of personnel for
training.
Sec. llA-9J,.(2). The directors will work closely with each
each department head in the following areas:
(a) Classification plan: Analyze and restructure where
justified to provide maximum opportunity for appli-
cants to qualify for employment, as. well as, for em-
ployees to advance.
(b) 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 implementing the affirmative action program.
(c) Identify areas for concentrated efforts: The directors
shall develop statistical information relative to the
utilization of minorities and females in all departments
of the city, identify areas of deficiency, and develop
goals and methods for correcting such deficiencies.
(Ord. No. 8489, ~ 1,5-24-76)
Sec. llA-95. Evaluation committee.
Sec. llA-95(1). There is hereby established an affirma-
tive action evaluation committee composed of the city manager
or his designee, the director of personnel, the director of
human relations and other department heads as the city man-
ager may deem appropriate. The city manager or his designee
shall serve as chairman of the committee.
Supp. No. 24 510.11
~ llA-95
SALINA CODE
~ llA-98
Sec. llA-95(2). The committee shall advise the depart-
ment heads on implementation procedures, identification of
areas for concentrated efforts, and aid in other matters re-
lated to implementation of the program.
Sec. llA-95(3). The committee shall meet not less than
quarterly to review overall progress on implementation of the
program. They shall make any modifications as may be neces-
sary to assure maximum effective implementation of the pro-
gram. (Ord. No. 8489, ~ 1,5-24-76)
Sec. llA-96. Training for upward mobility.
The city manager will take measures to assure that maxi-
mum opportunity is offered to minorities and women for en-
try into training or educational programs which will enhance
their employment for upward mobility potential. (Ord. No.
8489, ~ 1,5-24-76)
Sec. llA-97. Implementation procedures.
The director shall, during the first sixty (60) days following
the effective date of this article, develop and reduce to writing
the administrative procedures to be followed in implementing
the program. Such procedures shall become .effective upon
approval by the city manager. (Ord. No. 8489, ~ 1, 5-24-76)
Sec. llA-98. Reports.
The city manager will submit an annual report to the city
commission on the status of the affirmative action program.
(Ord. No. 8489, ~ 1, 5-24-76)
Supp. No. 24
510.12
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Chapter 12
FIRE PROTECTION AND PREVENTION*
Art. I. In General, llll 12-1-12.10
Art. II. Fire Department, llll 12-11-12-37
Art. III. Firemen's Relief Association, llll 12-38-12-59
Art. IV. Dangerous Structures, llll 12-60-12-75
Art. V. Fire Prevention, 11ll12-76-12-149
Div. 1. Generally, ~~ 12-76-12-118
Div. 2. Fireworks, ~~ 12-119-12-131
Div. 3. Dry Cleaning Plants, ~~ 12-132-12-138
Div. 4. Liquefied Petroleum Gases, ~& 12-139-12-145
Div. 5. Miscellaneous Hazards, ~~ 12-146-12-149
Article I. In Generalt
Sec. 12-1. Charge for fire protection on property outside the
city limits.
(a) Effective September I, 1969, the annual charge
for fire protection furnished by the City of Salina, Kansas,
for any property located outside the limits of said city,
pursuant to K. S. A. 80-1502, shall be a sum equivalent to
125 % 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 multiplied by the assessed valuation
of said property for which fire protection is furnished.
(b) The above rate shall be made on the assessed valuation
of land, improvements, and personal property listed for tax
purposes for the preceding year as shown by the records in the
office of the county clerk.
(c) All fire contracts now in existence shall be changed
to reflect the above rates and valuation on the anniversary
date of said contract.
*Cross references-Removal of wires and turning off of current in
case of fire, ~ 9-119; following, parking near fire apparatus, 8. 2':>-11(;:
driving over fire hose prohibited, ~ 22-117; false fire alarms prohibited,
~ 23-111.
. tEditor's note-Ord. No. 8032, ~~ 1-5, was not expressly amendatory
of this Code and was codified as & 12-1 at the discretion of the editors.
Prior to said ordinance, Art. I of Ch. 12 had been reserved.
Supp. No.8
511
~ 12-1
SALINA CODE
~ 12-14
(d) All charges for fire protection shall be payable an-
nually, in advance.
(e) All fire contracts shall be limited to property located
within a one mile limit of the City of Salina City Limits.
(Ord. No. 8032, ~S 1-5, 9-4-69)
Sees. 12-2-12.10. Reserved.
Article II. Fire Department~
Sec. 12-11. Qualifications of recruits.
No person shall become a member of the fire department
of the city who is over the age of twenty-five (25) years un-
less such person is in fit and proper physical condition and
shall have taken a physical examination by a physician se-
lected for such purpose by the city manager and the results
of which shall be approved by the city manager and the chief
of the fire department. (Code 1960, S 11-101)
Sec. 12-12. Off duty firemen to answer alarms.
When the fire alarm is sounded, such firemen as may be
off duty will immediately report to the fire department ready
to be summoned by the fire chief to assist in the protection
of life and property. (Code 1960, S 11-102)
Sec. 12-13. Employees to wear uniforms, badges, perform
duties.
All employees of the fire department shall, when on duty,
wear such badges and uniforms as the fire chief may direct,
and shall perform all duties required of them by him for the
government of the department. (Code 1960, S 11-103)
Sec. 12-14. Chief responsible for department; to make and
enforce regulations.
The fire chief shall be held responsible for the discipline,
good order and proper conduct of the entire fire department,
*Cross references-Longevity pay for fire department employees, ~
2-63; for creation and composition of fire department, see ~ 2-94 (4) (b) ;
for supervision and duties of fire department, see ~ 2-133.,
Supp, No. ~
512
e
S 12-14
FIRE PROTECTION AND PREVENTION
S 12-15
subject to general supervision of the city manager, and for
proper care and maintenance of all fire department stations
and all apparatus and property of the city belonging to the
fire department; and shall have power to assign and locate
employees of the department as shall to him seem to best
promote the efficiency of the service, and the proper care and
maintenance of all stations and apparatus, and shall estab-
lish and enforce such rules and regulations governing the de-
partment as he shall deem necessary. (Code 1960, S 11-104)
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Sec. 12-15. Command at fires.
The fire chief shall have full power, control and command
over all persons at fires; shall have power to remove and
keep away from the vicinity of any fire all idle and suspicious
persons lurking near the same, and to compel any person or
persons present to aid in extinguishing such fires or preser-
vation of property exposed to danger of the same, and in
preventing goods from being purloined thereat; and shall
station the engine and apparatus, and see to it that all mem-
bers of the fire department do the duties required of them
by law and ordinance; and it shall be the duty of the chief
to direct at all fires all such measures as he shall deem most
advisable for the extinguishment of said fire. In the absence
of the fire chief, the assistant chief or next higher officer
in the department shall command and be in control at fires.
(Code 1960, S 11-105)
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Supp. No.8
512.1
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~ 12-16
FIRE PROTECTION AND PREVENTION
~ 12-20
Sec. 12-16. 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 1960, S 11-105)
Cross reference---Resisting- officers generally, ~ 23-57.
Sec. 12-17. Obstructing hydrants.
No person shall place or cause to be placed upon or about
any fire hydrant any rubbish, building material, fence or
other obstruction of any character whatsoever so as to in any
manner obstruct, hinder or impede the fire department in the
performance of its duties in ca'Se of a fire in the vicinity of
such hydrant. (Code 1960, S 12-501)
Cross reference---Parking near fire hydrants prohibited, ~ 22-143 (4).
e
Sec. 12-18. Chief to keep record of fires.
The fire chief shall keep or cause to be kept, in a suitable
book, a record of all fires that occur, showing the estimated
value of the property placed at risk thereby, together with
the supposed cause of each fire and the amount of insurance
involved and the loss incurred. (Code 1960, S 11-106)
Sec. 12-19. Chief to keep records of department.
The fire chief shall keep a record of all men employed in
the fire department, with the time 'So employed; also an in-
ventory book, showing at all times a list of the property be-
longing to the city in charge of the fire department together
with any other records that may be necessary to show at any
time the workings and conditions of the department. (Code
1960, S 11-106)
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Sec. 12-20. Chief to make annual reports.
At the close of each fiscal year the fire chief shall make a
report to the city manager giving a summary of the work
done by him and his department and the expenses and general
condition of the department. (Code 1960, 9 11-106)
513
$I 12-21
SALINA CODE
~ 12-23
Sec. 12-21. Firemen to attend fires.
All firemen, under the direction and control of their proper
officers, shall, upon an alarm of fire, repair to the place of
such fire with the engines and other apparatus under their
care, and there work and manage the same under the direc-
tion of the chief and his assistants, or of the officer having
chief control, and shall not remove therefrom except by per-
mission of such officer. (Code 1960, ~ 11-107)
Sec. 12-22. 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 checking the progress of any fire, every reasonable
effort having been made to check the flames by other means.
(Code 1960, ~ 11-108)
Sec. 12-23. Police to act as fire guard; duties.
At all fires, the police shall act as a fire guard, under the
control and direction of the fire chief. It shall be the duty of
the fire guard' to take charge of all property removed from the
buildings at fires and deliver the same to the chief, or in
his absence, to store or otherwise to protect the same until it
is claimed by the owner or owners and upon such claim to
deliver up such property to the owner or owners upon the
payment to the chief of all expenses necessarily and actually
incurred in and about the care and protection of such prop-
erty, and for which a receipt shall be given by the chief; and
the said fire guard is hereby invested with all necessary au-
thority for the purpose of taking charge and possession of
such property; and it shall be the further duty of said fire
guard to prevent the hose from being trodden upon, or driven
across, and to keep all idle and suspected persons away from
the fire and its vicinity, and also to use all proper exertions
within their power for the protection of property endangered
at fires. All persons are hereby enjoined and required to com-
ply with the directions of any of the said fire guards. (Code
1960, S 11-109)
514
e
e
e
~ 12-24
FIRE PROTECTION AND PREVENTION
~ 12-38
Sec. 12-24. Duty to obey orders.
Any fireman or other person who at a fire shall refuse to
obey the orders or directions given by the officer in charge
shall be deemed guilty of a misdemeanor. (Code 1960, ~ 11-110)
Sec. 12-25. Damaging, taking department property.
No person shall wilfully and without proper authority re-
move, take away, keep, conceal or injure any tool, appliance
or other article belonging to any fire apparatus or fire sta-
tion, or anything used in any way by the fir'} department.
(Code 1960, ~ 11-111)
Sec. 12-26. Authority to commandeer vehicles.
It shall be lawful for the chief of the fire department or
officer in command of any company or for the city manager
to require the aid of any vehicle in conveying any fire ap-
paratus of any kind to any fire or in case of any emergency;
and if any person shall refuse or neglect to comply with such
demand, he shall be guilty of a misdemeanor. (Code 1960, ~
11-112)
Sec. 12-27. Disorderly conduct at fires.
Every person at or near a fire who shall conduct himself
in a disorderly manner, shall be guilty of a misdemeanor;
and' any fireman or any police officer may forthwith arrest
without warrant and take to the police 8t~,tion any person so
offending. (Code 1960, ~ 11-113)
Cross rl'ference-Disol'derly conduct generally, ~ 23-107.
Sees. 12-28-12-37. Reserved.
Article III. Firemen's Relief Association
Sec. 12-38. Composition.
The Firemen's Relief Association of Salina shall be com-
posed of all regularly paid members of the fire department of
the city. (Code 1960, ~ 11-201)
Supp. No. 16
515
~ 12-39
SALINA CODE
~ 12-44
Sec. 12-39. Officers specified.
The officers of the firemen's relief association shall consist
of a president, vice-president, secretary and treasurer and a
board of directors which shall consist of the president, vice-
president, secretary and two (2) members, to be selected as
provided by the bylaws of the firemen's relief association.
(Code 1960, ~ 11-201)
Sec. 12-40. Reserved.
Editor's note-Ord. No. 8261, ~ 1, adopted Dec. 4, 1972, repealed former
~ 12-40 providing that the chief of the fire department and assistant
chief of the fire department would be ex officio president and vice
president, respectively, of the firemen's l'elief association. S~id sec-
tion was derived from Code 1960, ~ 11-201.
Sec. 12-41. 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 objects of said association, not incon-
sistent with this article or the laws of the State of Kansas.
(Code 1960, 9 11-201)
Sec. 12-42. Records.
The secretary shall keep a complete record or the transac-
tions of the association, which shall at all times be subject
to inspection by the board of commissioners of the city. (Code
1960, 9 11-201)
Sec. 12-,13. Custody of funds; bond of treasurer.
The treasurer of the firemen's relief '1ssociation shall at all
times be the custodian of all funds belonging to the associa-
tion, and he shall give bond for the safekeeping of such funds
and for faithful performance in such sum with such sureties
as may be approved by the board of commissioners. (Code
1960, 9 11-202)
Sec. 12-44. Procedure for disbursements.
The firemen's relief association shall, through the president,
vice-president and secretary of said association, present to
Supp. No. 16
516
e
~ 12-44
FIRE PROTECTION AND PREVENTION
~ 12-46
the board of directors of the association, in writing, a state-
ment 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
fior the use and purposes of the relief fund. In all cases in-
volving expenditures or payments in an amount of five hun-
dred dollars ($500.00) or more prior certification shall be
obtained from the city attorney that such expenditure or pay-
ment complies with K.S.A. Chapter 40, Article 17. (Code 1960,
~ 11-203)
e
Sec. 12-45. 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 association solely and entirely for the
objects and purposes set forth in this article and as set forth
in K.S.A. Chapter 40, Article 17, and shall be paid to and dis-
tributed by the firemen's relief association under such provi-
sions as shall be made by the board of commissioners. (Code
1960, S 11-204)
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Sec. 12-46. Investments.
The officers of the firemen's relief association may invest
any amount not exceeding ninety per cent (90%) of aU such
moneys, in purchasing bonds of the city; provided, that if said
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
said municipality does not exceed fifteen per c'=!nt (15%) of
its assessed valuation as shown by the last assessment pre-
ceding such investment. Such purchase must be approved by
the board of commissioners of the city; provided, 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 commissioners 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 1960, ~ 11-204)
517
~ 12-47
SALINA CODE
~ 12-48
Sec. 12-47. Funds to be held in trust; purpose for which may
be used; loans to city.
All moneys collected and received by the firemen'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 physi-
cally disabled in or by reason of the discharge of his duties as
such, and for the relief or in payment of gratuities to the
widow or those dependent on any member of such fire depart-
ment who may be killed in the discharge of his duties as fire-
man, fir 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 funeral expense of any
member of such fire department 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 reason of
his duties as such, or for the further purpose of paying a
pension to members who are unfit for ~ervice for having
served for a period of not less than twenty (20) years on the
department, such pension not to exceed in amount one-half
(1;2) of the monthly salary at the date of retirement, or for
the purchase of insurance which would provide for any and
all of the foregoing purposes for which such fund is author-
ized; provided however, that the firemen':,: 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 de-
partment and equipment thereof and the city is hereby au-
thorized to borrow the same and issue to the treasurer of the
firemen's relief association its warrant therefor bearing inter-
est payable semiannually at a rate of not to exceed six per
centum (6o/r) per annum. (Code 1960, S 11-205)
Sec. 12-48. Limitations on insurance.
The firemen's relief association may provide insurance as
provided in section 12-47 hereof, subject to the following lim-
itations:
Sec. 12-48(1). Policies must be purchased, owned and held
by the firemen's relief association of Salina.
518
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~ 12-48
FIRE PROTECTION AND PREVENTION
~ 12-61
Sec. 12-48(2). Policies must name the firemen's relief as-
sociation as beneficiary and must not contain a pro-
vision which would permit the assured to change the
beneficiary;
Sec. 12-48(3). Life insurance must be term insurance only;
and
Sec. 12-48(4). Policies must be limited to cover only ac-
cidental injuries or disease suffered or contracted, or
death resulting therefrom, by reason of duties as a
member of the fire department; provided, however,
that it will be permissable for said association to pur-
chase 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 per cent (15%)
of the total premium on the policy. (Code 1960, S 11-
206)
e
Sec. 12-49. Double benefits prohibited.
No person having been a regularly paid member of the fire
department of the city 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 1960, ~ 11-207)
Sees. 12-50-12-59. Reserved.
Article IV. Dangerous Structures~
Sec. 12-60. Scope.
In order to provide for making insecure or dangerous build-
ings, walls or other structures safe and secure or removing
the same, the definitions and procedures provided by this
article shall prevail. (Code 1960, S 11-302)
Sec. 12-61. Authority to enter and inspect.
The chief of the fire department, who shall, for the purposes
of this article be the city fire marshal, 'Shall have power to
e
*Cross references-For buildings generally, see Ch. 9; for unhealthful
structures, see ~ 15-24 et seq.
519
~ 12-61
SALINA CODE
~ 12-63
enter intO' and examine all dwelling hauses and other buildings
and enclasures af every descriptian in arder to' ascertain
whether any af them is in a dangeraus canditian. (Cade 1960,
S 11-301)
Sec. 12-62. Defects enumerated.
All buildings, walls and ather structures having any ar
all af the fallawing defects shall be deemed insecure ar danger-
ous:
Sec. 12-62(1). Those structurally unsafe and liable to' fall
and callapse ar having vertical structural members ar
supparts that list, lean ar buckle to' an extent that
safety is questianable.
Sec. 12-62(2). Thase which shaw thirty-three per cent
(330/0) ar mare af damage ar deteriaratian af the sup-
parting members ar fifty per cent (50 0/0) ar mare af
damage ar deteriaratian af the nansupparting members
enclasing ar autside walls ar cavering.
Sec. 12-62(3). Thase which have an improperly distributed
laad upan the floars ar raafs ar an which the same are
averlaaded ar which have insufficient iltrength to' be
reasanably safe far the purpase used.
Sec. 12-62(4). Those which have been damaged by fire,
wind, want af repair, ar ather causes sa as to' have
became dangeraus to' life, safety ar the welfare af the
accupants ar the peaple af the city.
Sec. 12-62(5). Thase which have become ar are So' dilapi-
dated, decayed ar unsafe that they are unfit far human
habitatian ar likely to' wark injury to' the health, safety
ar general welfare af thase living therein.
Sec. 12-62(6). Thase walls which may fall and injure ather
praperty ar the public and those buildings ar structure'S
having parts thereaf which are sa insecurely attached
that they may fall and injure ather praperty and the
public. (Cade 1960, S 11-303)
Sec. 12-63. Procedure.
Sec. 12-63(1). When the chief af the fire department, acting
as fire marshal, shall be satisfied that a building, wall ar ather
520
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~ 12-63
FIRE PROTECTION AND PREVENTION
~ 12-63
structure is insecure or dangerous, he shall file a report with
the board of commissioners, which report shall give an ac-
curate description of the location of the land on which the
building, wall or other structure is situated, a description of
the insecure or dangerous conditions of the building, wall or
other structure and state that in his opinion the building,
wall or other structure is insecure or dangerous and should be
made safe and secure or removed as the case may be.
e
Sec. 12-63(2). The board of commissioners, if it is of the
opinion that the building, wall or other structure should be
rendered safe and secure or removed, shall adopt a resolution
fixing a date, hour and place for a hearing and giving a
description of the land on which the building, wall or other
structure is situated, and such other description as may be
deemed advisable and stating that the owner, his agent, or
lienholder of record and any occupant of such structure may
appear and show cause why such structure should not be
condemned and ordered repaired or demolished. (Ord. No.
8056, ~ 1, 12-15-69)
Sec. 12-63(3). The resolution provided for in Section 12-
63 (2) shall be published once a week for two (2) consecutive
weeks on the same day of each week. At least thirty (30) days
shall elapse between the last publication and the date set for
the hearing. A copy of said resolution shall be mailed by
certified mail within three (3) days after its first publication
to each such owner, agent, lienholder and occupant at his or
its last known place of residence and shall be marked "Deliver
to Addressee Only"; provided, that if the owner is a resident
of Saline County, the resolution shall be personally served
within five (5) days on such order or delivered to their last
known address in lieu of mailing the same, and in this case
at least one week shall elapse between the service on such
owner and the date set for the hearing. (Ord. No. 8056, ~ 1,
12-15-69)
.
Sec. 12-63(4). At the time and place fixed by the resolu-
tion for the hearing, the chief of the fire department, acting
as fire marshal, shall present such evidence as he may deem
Supp. No.9
521
~ 12-63
SALINA CODE
~ 12-63
necessary to show that the building, wall or other structure is
insecure or unsafe and that it should be made secure and safe
or removed.
Sec. 12-63(5). The owner or owners shall be given a full
opportunity to present evidence to show that the building,
wall or other structure is not insecure or is not unsafe and
that is no reason to repair it or to remove it.
Sec. 12-63(6). All testimony shall be under oath and the
mayor and city clerk shall be authorized to administer the
necessary oaths.
Sec. 12-63 (7). If the board of commissioners is of the opin-
ion that the building, wall or other structure is insecure or
dangerous, it shall so find, and if the owner or owners do not
appear or protest, the report of the chief of the fire depart-
ment, acting as fire marshal, shall be taken as true.
Sec. 12-63(8). Thereupon, the chief of the fire depart-
ment, acting as fire marshal, shall give three (3) days' notice
to the owner or owners if the owner or owners are known and
if the addresses are known, and if the owner or owners is
or are unknown, the chief of the fire department, acting as
fire marshal, shall post a written notice on the building, wall
or other structure stating that such building, wall or other
structure is unsafe or dangerous and that if within such three
(3) days the owner or owners shall not make the building,
wall or other structure safe and secure or remove the same
as provided by the order of the board of commissioners and
the notice of the chief of the fire department, acting as fire.
marshal, shall make the building, wall or other structure flafe
and secure or remove the same keeping an account of the costs
thereof: Provided, that if the building, wall or other structure
cannot be made safe or removed within the three (3) days
and repairs or removal are begun within the three (3) days,
the chief of the fire department, acting as fire marshal, shall
have power to extend the time for so long as he may deem
reasonable, but he may, at any time in the event the owner
Supp. No.9
522
e
e
.
~ 12-63
FIRE PROTECTION AND PREVENTION
~ 12-76
or owners fail to comply with said order with dispatch, take
over the making of repairs or the removal. (Code 1960, S 11-
304; Ord. No. 8056, S 1, 12-15-69)
Editor's note--Sec. 12-63 is derived f110m Oode 1960, ~ 11-304. Amend-
ments to said section are indkated in the history note following the
particular subsection affected and in the history note at the end of the
'section. No attempt at analysis is made by the editors.
Sec. 12-64. Notice, levy of assessment when work done by
city.
If the owner or owners are known, the chief of the fire
department, acting as fire marshal, shall give them written
notice of the amount of cost incurred by the city in making
the building, wall or other structure safe and secure or in
removing it, and if the costs thereof are not paid by the time
of certifying taxes and assessments to the county clerk, such
costs shall be levied by the board of commissioners as a special
assessment against the property. (Code 1960, S 11-305)
Sec. 12-65. Authority to erect barricades.
If any building, wall or other structure becomes in such
.::ondition that the chief of the fire department, acting as fire
marshal, is of the opinion that the walls or other portion of
a building may at any time fall into the street, he shall have
the power to erect barricades around such structure so as to
protect the public until the procedure herein provided can be
followed. (Code 1960, S 11-306)
Sees. 12-66-12-75. Reserved.
Article V. Fire Prevention*
DIVISION 1. GENERALLY
Sec. 12-76. Code adopted.
The "Fire Prevention Code", Edition of 1970 recommended
by the American Insurance Association, Engineering and
*Cross references-For electrical code, see ~ 9-108 et seq.; for gas
code see !i 9-263 et seq.; fire extinguishers in mobile home courts,
!i 21~33; transporting nitroglycerin prohibited, ~ 23-159.
Supp. No. 14
523
~ 12-76
SALINA CODE
~ 12-79
Safety Department, 85 John Street, New York, New York,
10038 and the whole thereof, save and except such sections,
articles, chapters, parts or portions as are omitted or deleted
and subject to such changes and additions as may be made
by Article V of Chapter 12 of the Salina Code, is incorporated
in this Code by reference to the same extent as if the same
had been fully set out herein. (Code 1960, ~ 12-101; Ord. No.
6924, ~ 1, 6-20-66; Ord. No. 8005, ~ 1, 2-24-69; Ord. No. 8128,
S 1, 11-30-70)
Amendment note-Ord. No. 8128, ~ 1, adopted the 1970 edition in lieu
of the 1965 edition of the Fire Prevention Code.
Sec. 12-77. Definitions for code.
Where in this division "this code" is used, it shall refer to
the fire prevention code hereby incorporated by reference,
and where this code is referred to it shall mean this Code of
Ordinances. Where "corporation counsel" is used in this code,
it shall refer to the city attorney. (Code 1960, ~ 12-101; Ord.
No. 6924, ~ 1, 6-20-66)
Sec. 12-78. Establishing limits of districts in which bulk stor-
age of liquefied petroleum gases is to be restricted.
The limits referred to in Section 21.6a of the Fire Preven-
tion Code, in which bulk storage of liquefied petroleum gas is
restricted, are hereby established as follows:
Fire Zones 1 and 2, as defined in Section 9-2 of the
Salina Code. (Ord. No. 8222, ~ 1, 5-31-72)
Amendment note-Ord. No. 8222, ~ 1, added ~ 12-78.
Sec. 12-79. Establishing the limits of districts in which stor-
age of explosives and blasting agents is to be pro-
hibited within the city.
The limits referred to in Section 12.5b of the Fire Preven-
tion Code, in which storage of explosives and blasting agents
is prohibited, are hereby established as follows:
Fire zones 1 and 2 as defined in Section 9-2 of the
Salina Code. (Ord. No. 8225, ~ 1, 5-31-72)
Amendment note-Ord. No. 822/;, ~ 1, added ~ 12-79.
Supp. No. 14
524
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~ 12-80
FIRE PROTECTION AND PREVENTION
~ 12-89
Sec. 12-80. Establishing limits of districts in which storage
of flammable liquids in outside aboveground tanks
is to be prohibited.
The limits referred to in Section 16-22a of the Fire Preven-
tion Code in which storage of flammable liquids in outside
aboveground tanks is prohibited, are hereby established as
follows:
Fire Zones 1 and 2, as defined in Section 9-2 of the
Salina Code. (Ord. No. 8224, S 1, 5-31-72)
Amendment note-Ord. No. 8224, ~ 1, added ~ 12-80.
e
Sec. 12-81. Prohibiting new bulk plants for flammable or
combustible liquids within the city.
The limits referred to in Section 16.61 of the Fire Preven-
tion Code, in which new bulk plants for flammable or com-
bustible liquids are prohibited, are hereby established as
follows:
Fire Zones 1 and 2, as defined in Section 9-2 of the
Salina Code. (Ord. No. 8223, S 1, 5-31-72)
Amendment note-Ord. No. 8223, ~ 1, added ~ 12-81.
Sees. 12-82.-12-88. Reserved.
Editor's note-Ord. No. 8211, ~ 1, adopted May 30, 1972, repealed
former S~ 12-83-12-88. Former ~ 12-82 was repealed by Ord. No.
8005, ~ 2, adopted Feb. 24, 1969.
Sec. 12-89. Article 11 of code amended.
Article 11 of the Fire Prevention Code is hereby amended to
add the following:
e
"Section 11.6. Compliance with statutes."
"In addition to the provisions of this article, Kansas Stat-
utes Annotated 31-103 shall be fully complied with." (Ord.
No. 8129, S 1, 11-30-70)
Amendment note-Ord. No. 8129, ~ 1, amended ~ 12-89 by substituting
"~ 11.6" in lieu of "~ 11.5".
Supp. No. 14
525
~ 12-90
SALINA CODE
~ 12-95
Sec. 12-90. Table 12.6 of code amended.
Table 12.6, American Table of Distances for Storage of Ex-
plosives, of the fire prevention code, is changed by adding
thereto the following: Provided, that in no case shall the
distance be less than required by K.S.A. 21-2447. (Code 1960,
~ 12-116)
Sec. 12-91. Section 12.7 of code amended.
Section 12.7 d and j, Transportation of Explosives, of the
fire prevention code, is changed to read: d and j. "(a) Every
vehicle while carrying explosives shall be marked or placarded
on each side and the rear with the word 'explosives' in letters
not less than eight (8) inches high, or there shall be displayed
on the rear of such vehicle a red flag not less than twenty-four
(24) inches square marked with the word 'danger' in white
letters six (6) inches high. (b) Every said vehicle shall be
equipped with not less than two (2) fire extinguishers filled
and ready for immediate use and placed at a convenient point
on the vehicle so used." (Code 1960, ~ 12-117)
Sees. 12-92, 12-93. Reserved.
Editor's note--Ord. No. 8211, ~ 1, adopted May 30, 1972 repealed
former 9~ 12-92 and 12-93.
Sec. 12-94. Section 15.27 of code amended.
Section 15-27, Storage and Handling of Flammable Liquids,
Subdivision a of the fire prevention code, is hereby changed
to read: "a. The storage and handling of flammable liquids
shall be in accordance with the rules and regulations of the
state fire marshal." (Code 1960, ~ 12-120)
Sec. 12-95. Section 15.35 of code amended.
Section 15.35, Storage and Handling of Flammable Liquids,
of the fire prevention code, is hereby changed to read: "The
storage and handling of flammable, dip-tank liquids, shall be
in accordance with the rules and regulations of the state fire
marshal," (Code 1960, ~ 12-121)
Supp. No. 14
526
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~ 12-96
FIRE PROTECTION AND PREVENTION
~ 12-113
Sees. 12-96-12-112. Reserved.
Editor's note-Ord. No. 8211, ~ 1, adopted May 30, 1972, repealed
former @~ 12-96-12-112.
Sec. 12-113. Violations.
Any person who shall violate any provision of the fire pre-
vention 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
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Supp. No. 14
527
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~ 12-113
FIRE PROTECTION AND PREVENTION
~ 12-119
statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder,
and from which no appeal has been taken thereunder, shall
severally for every such violation and noncompliance, respec-
tively, be guilty of a misdemeanor. The imposition 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 de-
fects within a reasonable time; and when not otherwise speci-
fied each ten (10) days that prohibited conditions are main-
tained shall constitute a separate offense. The application of
a penalty shall not be held to prevent the enforced removal of
prohibited conditions. (Code 1960, ~ 12-139)
Sees. 12-114-12-118. Reserved.
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DIVISION 2. FIREWORKS
Sec. 12-119. Defined.
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Fireworks shall mean and include any combustible or ex-
plosive composition, or any substance or combination of sub-
stances, or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagra-
tion or detonation, and shall include blank cartridges, toy
pistols, toy cannons, toy canes, or toy guns in which explo-
sives are used, the type of balloons which require fire under-
neath to propel the same, firecrackers, torpedoes, skyrockets,
Roman candles, Daygo bombs, sparklers, or other devices of
like construction and any devices containing any explosive
or flammable compound, or any tablets or other devices con-
taining any explosive substance, except that the term "fire-
works" 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 1960,
~ 12-201; Ord. No. 6895, 12-6-65)
S'UPp. No.7
529
~ ..12-120
SALINA CODE
~ 12-122
Sec. 12-120. Manufacture prohibited.
The manufacture of fireworks is prohibited within the city.
(Code 1960, ~ 12-202; Ord. No. 6895, 12-6-65)
Sec. 12-121. Storing, selling, dealing in, using.
Sec. 12-121 (1). 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
~upervised public displays of fireworks by the municipality,
fair associations, amusement parks, and other organizations.
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 de-
partment, after proper inspection, shall not be hazardous to
property or endanger any person.
Sec. 12-121 (2). 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 distribution of fireworks for such dis-
play shall be lawful for that purpose only. No permit granted
hereunder shall be transferable. (Code 1960, S 12-202; Ord.
No. 6895, 12..6-65)
Sec. 12-122. Liability insurance required for display.
.. The perinittee for a fireworks display shall file with the
city Clerk a policy of liability insurance issued by some com-
pany . authorized to do business in the State of Kansas, which
shall provide liability insurance coverage in an amount of
at least one hundred thousand dollars ($100,000.00) for the
payment of any and all damages which maybe caused either
to persons or to 'property by reason of the permitted display;
and' ailshig' from' any. act of 'the' permittee. his agents, em:'
ployers or subcontractors. (Code 1960, S 12-203; Ord. No.
6895, 12-6-65; Ord. No. 8007, S 1, 2-24-69)
Aineildment note-Ord. No. 8007, .~ 1, amended S 12-122 by requiring
an insurance policy. Formerly said seetion required a bond in an amount
deemed adequate by the chief of the fire department. .
S'UPp. No.7
530
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S 12-123
FIRE PROTECTION AND PREVENTION
S 12-126
Sec. 12-123. 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 fireworks remaining. (Code 1960,
S 12-204; Ord. No. 6895, 12-6-65)
Sec. 12-124. Exceptions.
Nothing in this division shall be construed to prohibit the
use of fireworks by railroads or other transportation agencies
for signal purposes or illumination, 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 military organi-
zations. Such agencies shall store their supplies of fireworks
in accordance with Section 12.6 of the fire prevention code
(Storage of Explosives). (Code 1960, S 12-205; Ord. No. 6895,
12-6-65)
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Sec. 12-125. Seizure of violations.
The chiefs 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 offered or exposed for sale, stored, or held
in violation of this division. (Code 1960, S 12-206; Ord. No.
6895, 12-6-65)
Sec. 12-126. Nuisance declared; abatement.
.
The possession, storing, displaying for sale, selling, offering
for sale, giving away, discharging, firing or using of any
of the fireworks, pyrotechnics or other articles mentioned in
[section] 12-119 at any place within the city or within one
hundred (100) feet from the city limits of the city by any
person, is hereby declared to be a nuisance and any such
nuisance may be abated by injunction or otherwise as pro-
vided for in K.S.A. 13-1417. Provided, that the remedy pro-
vided for in this section is in addition to the penalty for
violation of this division. (Code 1960, S 12-207; Ord. No.
6895, 12-6-65; Ord. No. 6970, S 1, 4-10-67)
Amendment note-Ord. No. 6970, S 1, amended S 12-12,6 by changing
100 yards to 100 feet. Section 2 of said ordinance repealed original g.
12-126.
Supp. No.3
531
~ 12-127
SALINA CODE
~ 12-140
Sees. 12-127-12-131. Reserved.
DIVISION 3. DRY CLEANING PLANTS
Sec. 12-132. Regulations adopted.
The "Rules and Regulations for Dry Cleaning Plants" pro-
mulgated 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 1960, S 12-301)
Sec. 12-133. Violations.
Any person who shall violate any of the provisions of the
rules and regulations for dry cleaning plants as incorporated
by reference by the preceding section and who, after notice
from the chief of the fire department, shall fail to correct any
incorrect installation or operation within twenty (20) days
after receiving such notice, shall be guilty of a misdemeanor.
(Code 1960, S 12-302)
Sees. 12-134-12-138. Reserved.
DIVISION 4. LIQUEFIED PETROLEUM GASES*
See. 12-139. Regulations adopted.
The "Rules and Regulations Relating to the Liquefied Pe-
troleum Gas Industry of the State of Kansas" promulgated
and issued by the state fire marshal and filed with the Re-
visor of Statutes, are hereby incorporated in this Code by
reference and made a part hereof the same as if set out in
full. (Code 1960, ~ 12-401)
. Sec. 12-140. Violations, penalty.
Any person who shall violate any of the regulations as in-
corporated by reference by section 12-139 shall be guilty of a
misdemeanor. (Code 1960, ~ 12-402)
*Cross references--For gas code generally, see ~ 9-63 et seq.; for
further regulations on liquefied petroleum gas facilities and piping, see
~ 9-304 et seq.
Supp. No.3
532
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~ 12-141
FIRE PROTECTION AND PREVENTION
~ 12-148
Secs. 12-141-12-145. Reserved.
DIVISION 5. MISCELLANEOUS HAZARDS
Sec. 12-146. Location for 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 than 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 1960, ~ 12-502)
Sec. 12-147. Open fires.
No person shall set on fire, within the city, any leaves,
grass, trash, rubbish or other combustible materials at any
time, other than in commercial type incinerators; provided
however, that the fire chief may designate periods when open
fires will be permitted if regulations prescribed by him are
carried out. The fire chief shall have authority to stop any
open fire 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 constitute a hazard, smoke nuisance or be detri-
mental to neighboring property or persons. Prior tQ the
issuance of said permit, the fire chief or his designee may
require such person to give assurance that he will comply with
any and all safety precautions and conditions as may be pre-
scribed by him. (Ord. No. 8008, ~ 1, 2-24-69)
Amendment note-Ord. No. 8008, ~ 1, amended ~ 12-147 to read as
set out. Formerly the fire chief was authorized to designate a period
each spring and fall when open fires were permitted under circum-
stances.
Cross reference-Burning garbage, ~ 31-50.
Sec. 12-148. Fires prohibited on streets.
In no case shall any material be burned upon any aveune,
street, alley or gutter within the city paved with Bitulithic,
asphalt or concrete pavement or blocks or bricks. (Code 1960,
~ 12-502)
Supp. No.7
533
~ 12-149
SALINA CODE
~ 12-149
Sec. 12-149. Sale of gasoline on streets, sidewalks.
It shall be unlawful for any person, either as principal or as
the agent or representative of another, 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 fire limits
of the city, any gasoline from any tank truck or similar ve-
hicle wherein gasoline is transported for sale: Provided, 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 public streets and thoroughfares within
the fire limits 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 stations 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 ex-
ceptions to the provisions of this section are permitted, such
delivery shall be made in a careful manner with due regard
for the protection and safeguard against explosions or com-
bustion and with regard to the protection of property and of
travelers or pedestrians upon the public streets and sidewalks
of the city. (Code 1960, S 12-503)
[The next page is 559]
&upp. No.7
534
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Chapter 13
FLOOD CONTROL
Art. I. In General, ~~ 13-1-13-10
Art. II. Flood Protection Works, g~ 13-11-13-17
Article I. In General
Sec. 13-1. 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 1960, S 3-107; Ord. No. 6749, 11-18-63)
Cross reference-Police power extended to city property, ~ I-to.
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Sec. 13-2. 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 1960, S 3-106; Ord. No.
6749, 11-18-63)
Sec. 13-3. General ordinances applicable.
All general ordinances of the city are hereby declared to
be applicable to the above mentioned flood control property.
(Code 1960, S 3-109; Ord. No. 6749, 11-18-63)
Sec. 13-4. Trespassing on, damaging, interfering with prop-
erty.
It shall be unlawful for anyone to trespass, encroach upon,
injure, damage, destroy or interfere with any of the flood
control property belonging to the city. (Code 1960, S 3-110;
Ord. No. 6749, 11-18-63)
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Sec. 13-5. Manager to prepare regulations.
The city manager is hereby authorized and directed to pre-
pare such rules and regulations as may be necessary in regard
Supp. No. 12
559
~ 13-5
SALINA CODE
~ 13-12
to the management and control of the flood control property
owned by the city. (Code 1960, S 3-111; Ord. No. 6749, 11-
18-63)
Secs. 13-6-13-10. Reserved.
Article II. Flood Protection Works *
Sec. 13-11. Findings of governing body.
The governing body of the City of Salina hereby declares
that in the public interest and for the protection of life and
property of citizens of this city, this article is deemed neces-
sary. (Ord. No. 8122, S 1, 11-16-70)
Sec. 13-12. Flood protection works; city engineer to review
plans for certain proposed construction or excava-
tions.
No construction or excavation or other works shall be made
or commenced within one thousand (1,000) feet landward of
the center line of any flood protection works defined as in-
cluding levees, floodwalls and appurtenances or within a min-
imum of five hundred (500) feet riverward and such further
distance as may be determined necessary by the city engineer
under certain circumstances then existing, of the center line
of any flood protection works that may impair or endanger the
proposed function of any such flood protection works; pro-
vided, that any plan or proposal for such construction or
excavation shall be submitted to the city engineer for exam-
ination and determination as to the probability of any im-
pairment or endangerment to such flood protection works by
the proposed construction or excavation. (Ord. No. 8122, S 2,
11-16-70)
*Editor's note-Article II, ~~ 13-11-13-17, is derived from Ord. No.
8122, ~~ 1-7, enacted Nov. 16, 1970. This ordinance did not amend this
Code.
Cross reference-Buildings, Ch. 9.
Supp. No. 12
560
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~ 13-13
FLOOD CONTROL
~ 13-17
Sec. 13-13. Issuance or denial of permit for construction or
excavation.
If the city engineer shall determine, upon good authority,
that the proposed construction or excavation referred to in
section 13-2 shall be detrimental or will impair or endanger
the function of any flood protection works, permission for
such construction shall be denied. However, if a determination
that no impairment or endangerment of such flood protection
works by such proposed construction or excavation may occur,
a permit for such construction or excavation shall be issued
by the city engineer after the applicant has fulfilled the pre-
requisite requirements of the building code and other perti-
nent ordinances. (Ord. No. 8122, S 3, 11-16-70)
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Sec. 13-14. Restricted or conditional permit.
The city engineer may issue, within sound discretion and
upon good authority, a restricted or conditional permit for
such proposed construction or excavation. (Ord. No. 8122, S 4,
11-16-70)
Sec. 13-15. Withholding of grade sheet or building permit.
The city engineer and the city building inspector may with-
hold the Issuance of any grade sheet or bUIlding permit until
complIance With thIS artIcle. (Urd. No. l:S12~, S 5, 11-16-70)
Sec. 13-16. Appeals from decision of city engineer.
Any person, firm or corporation feeling aggrieved by the
determinatIOn 01 the city engineer under the conditions and
terms of thIS artIcle may appeal in writing to the board of
commissioners of the city within ten (10) days of such de-
termination by the city engineer. (Ord. No. 8122, S 6, 11-16-
70)
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Sec. 13-17. Penalty for violations.
Any person, firm or corporation found guilty of a violation
of this article shall be fined in a sum of not more than one
Supp. No. 12
561
~ 13-17
SALINA CODE
~ 13-17
thousand dollars ($1,000.00) or by imprisonment for a period
of not exceeding six (6) months, or both such fine and im-
prisonment, at the discretion of the court, and in addition
thereto, shall restore to original condition any area involved in
the violation. (Ord. No. 8122, S 7, 11-16-70)
[The next page is 585]
Supp. No. 12
562
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Chapter 14
FOOD AND FOOD HANDLERS
Art. I. In General, ~~ 14-1-14-11
Art. II. Establishments, ~~: 14-12-14-65
Diy. 1. Generally, SS 14-12-14-33
Diy. 2. Sanitation Requirements, S~ 14-34-14-65
Art. III. Milk and Milk Products, ~~ 14-66-14-104
Diy. 1. Generally, SS 14-66-14-90
Diy. 2. Permits, SS 14-91-14-104
Art. IV. Vending Machines, ~~ 14-105-14-170
Diy. 1. Generally, SS 14-105-14-134
Diy. 2. Sanitation Requirements, ~S 14-135-14-170
Article I. In General
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Sec. 14-1. Sale of unwholesome, adulterated food.
Any person who shall sell, or offer or expose for sale, any
unwholesome, decaying or stale food or provisions of any
kind, or sell, or offer or expose for sale any adulterated milk,
butter, lard or other article or provision, shall be guilty of a
misdemeanor. (Code 1960, ~ 23-1133)
Sees. 14-2-14-11. Reserved.
Article II. Establishments~
DIVISION 1. GENERALLY
Sec. 14-12. Compliance with article required.
No establishment covered by this article shall be operated
within the city, or its police jurisdiction unless it conforms
with the requirements of this article. (Code 1960, ~ 13-407)
Sec. 14-13. Definitions.
The following definitions shall apply in the interpretation
and the enforcement of this article:
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*Cross reference-Entertainment in food establishments, ~ 7-91 et se,q.
585
S 14-13
SALINA CODE
S 14-13
Sec. 14-13(1). Bakery means any establishment where
bread, cakes, pies and other foods are baked or cooked, or are
produced, handled, dealt in, 'Sold or kept for sale for human
consumption.
Sec. 14-13(2). Bottling works means any establishment
where beverages of any kind, except milk or milk products,
are produced, prepared, manufactured l'md bottled or pre-
pared for bottling.
Sec. 14-13(3). Employee means any person who handles
food or drink during storage, sale, preparation or serving, or
who comes in contact with any eating or cooking utensils, 01'
who is employed at any time in a room in which food or drink
i's prepared or served.
Sec. 14-13(4). Grocery stores and meat markets mean es-
ta blishments which sell, handle and deal in bulk or package
food, meats and provisions for human consumption.
Sec. 14-13(5). Health officer means the health officer of
the joint city-county board of health or his authorized repre-
sentative or assistant.
Sec. 14-13(6). Itinerant restaurant means any restaurant
operating for a temporary period in connection with a fair,
carnival, circus, public exhibition or other similar gathering.
Sec. 14-13(7). Other establishments means any establish-
ment, in addition to those specifically mentioned herein, and
except establishments otherwise regulated by ordinance, where
food or drink for human consumption is prepared, produced,
handled, served or sold.
Sec. 14-13(8). Restaurant means restaurant, coffee shop,
cafeteria, short order cafe, luncheonette, tavern, sandwich
stand, soda fountain, and all other public eating and drinking
establishments, as well as kitchens in which food and drink
are prepared for sale elsewhere to the public.
Sec. 14-13(9). Utensils includes any kitchenware, table-
ware, glassware, cutlery, utensils, containers or other equip-
ment with which food or drink comes in contact during stor-
age, preparation or serving. (Code 1960, ~ 13-401)
586
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* 14-14
FOOD AND FOOD HANDLERS
!I 14-17
Sec. 14-14. Enforcement, interpretation.
This article shall be enforced by the health officer in ac-
cordance with the interpretations thereof contained in the
1962 edition of the U. S. Public Health Service Food Service
Sanitation Ordinance and Code, a certified copy of which shall
be on file at the office of the health officer. (Code 1960, ~ 13-
412)
Sec. 14-15. Permits required; display required; exemption
for itinerant restaurants.
It shall be unlawful for any person who does not possess
an unrevoked and unsuspended permit from the health officer
and in whose place of business such permit is not posted in
a conspicuous place, to operate in the city any restaurant,
grocery store, meat market, bakery, bottling works, or other
establishment where food or drink is produced, sold, prepared
or served. Only persons who comply with the requirements
of this article shall be entitled to receive and retaiIt 'such a
permit. A person conducting an itinerant restaurant may, ill
the discretion of the health officer, be exempted from the re-
quirements for the securing of a permit to such extent as may
be authorized by the health officer. (Code 1960, ~ 13-402)
Sec. 14-16. Application for permit required; fee established;
prerequisites to issuance.
No permit required by section 14-15 shall be issued by the
health officer except on the filing of an application to the
health officer on a form furnished by him for such purpose,
and on payment by the applicant of a permit fee of ten dol-
lars ($10.00) to the city clerk and until the establishment
for which such permit is desired shall be inspected 'by the
health officer and found him to comply in all respects with
the requirements of this article. (Code 1960, ~ 13-403; Ord.
No. 8416, ~ 1, 1-6-75)
Cross reference--Fee for permits when not obtained in time; A 1-11.
Sec. 14-17. Fees to be paid to treasury.
All fees for permits required by section 14-16 shall be paid
i~lto the city treasury. (Code 1960, ~ 13-403)
Supp. No. 19
687
!l 14-18
SALINA CODE
~ 14-21
Sec. 14-18. Expiration, renewal of permits.
Every permit required by section 14-15 shall expire on De-
cember thirty-first after the date of issuance and must be
renewed on or before January first of each yea!'. (Code 1960,
S 13-403)
Sec. 14-19. Examination, condemnation of unwholesome, adul-
terated food or drink.
Samples of food and drink may be taken and examined by
the health officer as often as he deems neeessary for the de-
tection of unwholesomeness or adulteration. The health officer
may condemn and forbid the sale of, or c~use to be removed
or destroyed, any food or drink which he deems unwholesome
or adulterated. (Code 1960, 9 13-404)
Sec. 14-20. Inspections required.
As often as the health officer may deem necessary, and at
least once every two (2) months, he shall inspect every es-
tablishment covered by the terms of this article, located within
the city. (Code 1960, ~ 13-405)
Sec. 14-21. Second inspection required after violation; permit
suspension, revocation for flagrant violation.
In case the health officer discovers the violation of any
item of sanitation required by this article, or other violation
of any of the provisions of this article, he ~hall make a second
inspection after the lapse of such time as he deems necessary
for the defect to be remedied, and the second inspection shall
be used in determining compliance with the requirements of
this article, unless in the opinion of the health officer the
violation is flagrant and of such nature :1:'\ to require imme-
diate suspension or revocation of the permit, and in such
event the health officer shall have authority to suspend or
revoke such permit immediately on SllC)-). first inspection.
(Code 1960, S 13-405)
Supp. No. 19
588
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~ 14-22
FOOD AND FOOD HANDLERS
~ 14-26
Sec. 14-22. Suspension, revocation of permit if violation per-
sists.
Any violation of the same item of this article on two (2)
consecutive inspections shall call for immediate suspension
of the permit, or the health officer may, after a hearing before
a regular meeting of the board of commissioners, revoke such
permit if in his opinion the violation of this article is of such
nature as to require such revocation of the same. (Code 1960,
SS 13-403, 13-405)
Sec. 14-23. Removal of suspended, revoked permit.
If a permit is revoked or suspended, the health officer shall
remove the permit from the establishment to which it was
issued and shall retain the same until such time as the same
may be reinstated. (Code 1960, S 13-405)
Sec. 14-24. Reinstatement of permits.
Any establishment, the permit of which has been suspended
or revoked, may at any time make application for the rein-
statement of the permit.
Within one week after the receipt of a satisfactory applica-
tion, accompanied by a statement signed by the applicant
to the effect that the violated item or items of the specifica-
tions have been conformed with, the health officer shall make
a reinspection, and thereafter as many additional reinspec-
tions as he may deem necessary to assure himself that the
applicant is again complying with the requirements, and, in
case the findings indicate compliance, shall have authority
to reinstate the permit. (Code 1960, S 13-408)
Sec. 14-25. Use of poisonous substances.
No article, polish or other substance containing any cyanide
preparation or other poisonous material shall be used for
the cleansing or polishing of utensils. (Code 1960, S 13-409)
Sec. 14-26. Diseased employees prohibited.
No person who is affected with any disease in a communi-
cable form or is a carrier of such disease shall work in any
589
~ 14-26
SALINA CODE
l\ 14-33
restaurant, and no restaurant shall employ any such person
or any person suspected of being affected with any disease in
communicable form or of being a carrier of such disease. (Code
1960, ~ 13-410)
Sec. 14-27. Notice of disease required.
Notice 'shall be sent to the health officer immediately by
the owner or manager of any establishment covered by this
article or by the employee concerned if he or any employee
contracts any infectious, contagious or communicable disease,
or has a fever, a skin eruption, a cough lasting more than
three (3) weeks, or any other suspicious symptoms. It shall
be the duty of any such employee to notify such owner or
manager immediately when any of said conditions obtain,
and if neither the manager nor the employee concerned noti-
fies the health officer immediately when any of said conditions
obtain they shall be held jointly and severally to have violated
this section. A placard containing the foregoing provisions of
this section shall be posted in all toilet rooms. (Code 1960, S
13-410)
Sec. 14-28. Measures authorized when disease suspected.
When suspicion arises as to the possibility of transmission
of infection from any re&taurant employee, the health officer
is authorized to require any or all of the following measures:
Sec. 14-28(1). The immediate exclusion of the employee
from all restaurants;
Sec. 14-28(2). The immediate closing of the restaurant con-
cerned until no further danger of disease outbreak ex-
ists, in the opinion of the health officer;
Sec. 14-28(3). Adequate medical examination by the health
officer or a duly qualified physician of the employee
and of his associates, with 'such laboratory examina-
tions as may be indicated. (Code 1960, ~ 13-411)
Sees. 14-29-14-33. Reserved.
590
e
e
e
~ 14-34
FOOD AND FOOD HANDLERS
~ 14-39
DIVISION 2. SANITATION REQUIREMENTS
Sec. 14-34. Compliance required.
All establishments covered by this article shall comply with
all of the items of sanitation set out in this division. (Code
1960, S 13-406)
Sec. 14-35. General cleanliness.
The premises of all establishments covered by this article
shall be kept clean and free of litter or rubbish. (Code 1960,
~ 13-406)
Sec. 14-36. Floors.
The floors of all rooms in which food or drink is stored,
prepared or served, or in which utensils are washed, shall be
of such construction as to be easily cleaned, shall be smooth, and
shall be kept clean and in good repair. (C,)de 1960, S 13-406)
Sec. 14-37. Walls and ceilings.
Walls and ceilings of all rooms shall be kept clean and in
good repair. All walls and ceilings of rooms in which food
or drink is stored or prepared shall be finished in light color.
The wans of all rooms in which food or drink i<.J prepared or
utensils are washed shall have a smooth, washable surface
up to the level reached by splash or spray. This shall include
basement storerooms and basement workrooms. (Code 1960,
~ 13-406)
Sec. 14-38. Doors and windows.
When flies are prevalent, all openings into the outer air
shall be effectively screened and doors ghall be self-closing,
unless other effective means are provided to prevent the en-
trance of flies. (Code 1960, S 13-406)
Sec. 14-39. Lighting.
All rooms in which food and drink is stored, prepared or
in which utensils are washed shall be well lighted. (Code 1960,
~ 13-406)
591
~ 14-40
SALINA CODE
~ 14-44
Sec. 14-40. Ventilation.
All rooms in which food and drink is stored, prepared 01
served, or in which utensils are washed, shall be well venti-
lated. (Code 1960, S 13-406)
Sec. 14-41. Toilet facilities.
Every establishment covered by this article shall be pro-
vided with adequate and conveniently located toilet facilities
for its employees, conforming with this Code and the ordi-
nances of the city. In establishments hereafter constructed
toilet rooms shall not open directly into any room in which
food, drink or utensils are handled or stored. The doors of all
toilet rooms shall be self-closing. Toilet rooms shall be kept
in a clean condition, in good repair, and well lighted and venti-
lated. Hand-washing signs shall be posted !n each toilet room
used by employees. In case privies or earth closets are per-
mitted and used, they shall be separate from the building in
which the establishment is located, and 'Shall be of sanitary
type constructed and operated in conformity with the stand-
ards of the state board of health. (Code 1960, S 13-406)
Sec. 14-42. Water supply.
Running water under pressure shall be easily accessible to
all rooms in which food is prepared or utensils are washed,
and shall be adequate, and of a safe sanitary quality. (Code
1960, S 13-406)
Sec. 14-43. Lavatory facilities; duty to wash hands.
Adequate and convenient hand-washing facilities for em-
ployees shall be provided, including hot running water, soap
and approved sanitary towels. The use of a common towel is
prohibited. No employee shall resume work after using the
toilet room without first washing his hands. (Code 1960,
S 13-406)
Sec. 14-44. Construction of utensils and equipment.
All multi-use utensils and all show and display cases or
windows, counters, shelves, tables. refrigerating equipment,
592
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!i 14-44
FOOD AND FOOD HANDLERS
!i 14-47
sinks and other equipment or utensils used in connection with
the operation of a restaurant or in the handling or display of
meats or bulk foods of any kind shall be constructed as to be
easily cleaned and shall be kept clean ~md in good repair.
(Code 1960, S 13-406)
e
See 14-45. Cleaning, bactericidal treatment of utensils and
equipment.
All equipment, including display cases or windows, counters,
shelves, tables, refrigerators, stoves, hoods and sinks, shall be
kept clean and free from dust, dirt, insects and other contami-
nating material. All cloths used by waiters, chefs and other
employees shall be clean. Single service containers shall be
used only once.
All multi-use eating and drinking utensils shaH be thorough-
ly cleaned and effectively subjected to all approved bacteri-
cidal process after each usage. All multi-use utensils used in
the preparation or serving of food and drink shall be thorough-
ly cleaned and effectively subjected to an approved bactericidal
process immediately following each day's operation. Drying
cloths, if used, shall be clean and shall be used for no other
purpose. (Code 1960, S 13-406)
Sec. 14-46. Storage, handling of utensils and equipment.
After bactericidal treatment no utensil shall be stored ex-
cept in a clean dry place protected from flies, dust, or other
contamination, and no utensil shall be handled except in
such a manner as to prevent contamination as far as prac-
ticable. Single service utensils shall be purchased only in sani-
t:try containers, shall be stored therein in a clean dry place
until used, and shall be handled in a sanitary manner. Ice
cream dippers and spoons shall be kept in running water.
(Code 1960, S 13-406)
e
Sec. 14-47. Disposal of wastes.
All wastes shall be properly disposed of, and all garbage
and trash shall be kept in suitable receptacles, in such manner
as not to become a nuisance. (Code 1960, S 13-406)
593
S 14-48
SALINA CODE
~ 14-52
Sec. 14-48. Refrigeration.
All readily perishable food or drink shall be kept at or below
fifty degrees (500) Fahrenheit, except when being prepared
or served. Waste water from refrigeration equipment shall be
properly disposed of. (Code 1960, S 13-406)
Sec. 14-49. Wholesomeness of food and drink.
All food and drink shall be wholesome and free from spoil-
age. All milk, fluid milk products, ice cream, and other frozen
desserts served shall be from sources approved by the health
officer. Milk and fluid milk products shall be served in the
original containers in which they were received from the dis-
tributor or from a bulk container equipped with an approved
dispensing device: Provided, that this requirement shall not
Clpply to cream which may be served from the original bottle
or from a dispenser approved for such service. All oysters,
clams and mussels 'shall be from approved sources. (Code 1960.
~ 13-406)
Sec. 14-50. Storage, display of food and drink; animals pro-
hibited; elimination of flies.
All food and drink shall be so stored and displayed above
the floor and in such a place as to be protected from dust,
flies, vermin, unnecessary handling, droplet infection, overhead
leakage, and other contamination. No animals or fowl shall be
kept or allowed in any room in which food or drink is pre-
pared or stored. All means necessary for the elimination of
flies shall be used. (Code 1960, S 13-406)
Sec. 14-51. Cleanliness of employees.
All employees shall wear clean garments and shall keep
clean at all times while engaged in handling food, drink, uten-
sils or equipment. (Code 1960, ~ 13-406)
Sec. 14-52. Storage of soiled linens, coats, aprons.
Soiled linens, coats and aprons shall be kept in containers
provided for this purpose. (Code 1960, ~ 13-406)
594
e
li 14-53
FOOD AND FOOD HANDLERS
~ 14-66
Sec. 14-53. Lockers, dressing rooms.
Adequate lockers or dressing rooms shall be provided for
employee's clothing and shall be kept clean. (Code 1960, ~
13-406 )
Sec. 14-54. Use of living or sleeping quarters.
N one of the operations connected with any establishments
~hall be conducted in any room used as living or sleeping
quarters. (Code 1960, ~ 13-406)
Sec. 14-55. Requirements for itinerant restaurants.
Itinerant restaurants shall be constructed and operated in
a manner approved by the health officer. (Code 1960, ~ 13-
406)
Sees. 14-56-14-65. Reserved.
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Article III. Milk and Milk Products
DIVISION 1. GENERALLY
e
Sec. 14-66. Definitions.
As used in this article:
Sec. 14-66(1). Limits of routine inspection shall include
all the area or territory surrounding the city in which are
located dairy farms supplying grade A raw milk for pasteur-
ization to milk plants or public dairies which are situated
within the city or its police jurisdicton; provided, that if the
owner of any dairy herd, dairy farm, milk plant or public
dairy located outside the limits of routine inspection, as here-
in defined, shall request inspection by the sanitarian of the
city, he may make such inspection and the fee therefor shall
be the actual cost of such service.
Sec. 14-66(2). Milk products shall be taken to mean and in-
clude cream, half and half, reconstituted half and half, whipped
cream, whipping cream, concentrated milk, concentrated milk
products, skim milk, nonfat milk, defatted milk or low fat milk,
595
!i 14-66
SALINA CODE
~ 14-68
flavored milk, flavored drink, flavored reconstituted milk, fla-
vored reconstituted drink, buttermilk, cultured buttermilk, cul-
tured milk, vitamin D milk, reconstituted or recombined milk,
reconstituted cream, reconstituted skim milk, and any other
product made by the addition of any substance to milk or to
any of these milk products and used for similar purposes and
designated as a milk product by the health officer; provided,
that this definition is not intended to include such products as
evaporated milk, condensed milk, butter, sterilized milk or
cream and eggnog which do not require refrigeration, cheese,
cottage cheese or creamed cottage cheese, except when they
are combined with other substances to produce rconstituted
,.
milk or cream or any other product defined herein. Eggnog
products which constitute alcoholic liquor under the laws of
this state and ice cream and frozen desserts shall not be desig-
nated as milk products under this article, but they shall be
regulated under state statutes and ordinances of the city; if
any, which are specially applicable to such prorlucts.
Sec. 14-66(3). Police jurisdiction refers to the jurisdiction
of the city and its officers over all places within five (5)
miles of the corporate limits of the city for the enforcement
of health ordinances and regulations of the city, as provided
by K.S.A. 13-512, 13-2010 and 14-307 ~nd any amendments
thereto. (Ord. No. 6594, 9 13, 1-9-62)
Sec. 14-67. Statutes adopted.
Chapter 65, Article 7 of Kansas Statues Annotated, is here-
by incorporated by reference herein and made a part of this
article as if the same had been set out in fnll herein, excepting
only such parts or portions thereof as are specifically changed,
omitted or added to in this article. (Ord. No. 6594, ~ 1,
1-9-62)
Sec. 14-68. Kansas Statutes Annotated, Section 65-737(b)
omitted.
K.S.A. 65-737 (b) is hereby expressly omitted from this
article. (Ord. No. 6594, ~ 2, 1-9-62)
596
e
~ 14-69
FOOD AND FOOD HANDLERS
~ 14-72
Sec. 14-69. Licensing and penalty provisions of statutes
omitted.
The licensing and penalty provisions of Chapter 65, Article
7 of Kansa'S Statutes Annotated are hereby expressly omitted
from this article. (Ord. No. 6594, ~ 3, 1-9-62)
e
Sec. 14-70. Ordinance and code adopted.
The unabridged form of the Milk Ordinance and Code-
1965 Recommendations of the Public Health Service, U. S.
Department of Health, Education and Welfare, Public Health
Service Publication No. 229, is hereby incorporated by refer-
ance herein and mad2 a part of this article as if the same
had been set out in full herein, such parts or portions thereof
as are specifically changed, omitted or added to in this
article: Provided, that the words "municipality of ________________"
in said unabridged form 'Shall be understood to refer to and
for the purpose of this article, they shall refer to the City
of Salina, Kansas: Provided further, that in said' unabridged
form, all parenthesis marks enclosing words referring to
degrading shall be understood to be, and for the purpose3
of this article, they 'Shall be omitted. (Ord. No. 6594, ~ 4,
1-9-62)
Sec. 14-71. Portions of ordinance and code omitted.
Paragraph K or Section 1, and all of Sections 8, 11, 16,
17 and 18 of the Milk Ordinance and the corresponding
provisions of the Milk Code-1965 Recommendations are
hereby omitted from this article. (Ord. No. 6594, ~ 5, 1-9-62)
e
Sec. 14-72. Code amended.
For the purpose of this article, Paragraph R, Section 1
of the Milk Code--1965 Recommendations of the public health
Rervice is amended to read as follows:
"R. The term 'health officer' shall mean the health officer
or his duly authorized representative." (Ord. No. 6594,
~ 6, 1-9-62)
597
!\ 14-73
SALINA CODE
~ 14-76
Sec. 14-73. "Pasteurization" defined.
The terms "pasteurization", "pasteurized" and similar
terms shall be taken to refer to the process of heating every
particle of milk or milk products to at least one hundred
fifty degrees (1500) Fahrenheit and holding it at such tem-
perature continuously for at least thirty (30) minutes, or to
at least one hundred and sixty-six degrees (1660) Fahrenheit
and holding it at such temperature continuously for at least
fifteen (15) seconds, in approved and properly operated equip-
ment. (Ol'd. No. 6594, ~ 7, 1-9-62)
Sec. 14-74. Tuberculin testing, certification required.
A tuberculin test of all herds and additions thereto shall
be made before any milk therefrom is sold. and at least once
every twelve (12) months thereafter, by a licensed veteri-
narian approved by the state livestock sanitary commissioner.
Said tests shall be made and reactors disposed of in accord-
ance with the requirements approved by the state livestock
sanitary commission for accredited herds. A certificate signed
by the veterinarian and filed as directed by the health officer
shall be evidence of the above test. Every animal must be
described and ear tag numbers given. Card. No. 6594, ~ 8,
1-9-62)
Sec. 14-75. Requirements for milk for pasteurization; brucel-
losis testing.
Milk for pasteurization shall be from Kansas-Federal Plan
A, as certified by the Kansas Livestock Sanitary Commission-
er's office. All additions to the herd shall be brucellosis-free.
Copies of the brucellosis tests, certified by the state livestock
sanitary commission, must be on file as directed by the health
officer. Every animal must be described and ear tag numbers
given. (Ord. No. 6594, ~ 8, 1-9-62)
Sec. 14-76. Cows excluded from milking herd.
Cows which show a complete induration of one quarter of
extensive induration in one or more quarters of the udder
upon physical examination, whether secreting abnormal milk
598
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~ 14-76
FOOD AND FOOD HANDLERS
~ 14-80
or not, shaLl be permanently excluded from the milking herd;
provided, that this shall not apply in the case of a quarter
that is completely dry. Cows giving bloody, stringy or other-
wise abnormal milk, but without entire or extensive indura-
tion of the udder, shall be excluded from the herd until re-
examination shows that the milk has become normal. (Ord.
No. 6594, ~ 8, 1-9-6;2,)
Sec. 14-77. Additional tests, examinations required; disposal
of diseased animals, reactors.
Such tests and examinations as the health officer may re-
quire after consultation with state livestock sanitary officials,
shall be made at intervals and by methods prescribed by him,
and any diseased animals or reactors shall be disposed of as
he may require. (Ord. No. 6594, S 8, 1-9-62)
e
Sec. 14-78. Floors and gutters.
The floors and gutters of that portion of th'3 barn, stable
or parlor in which cows are milked shall be constructed of
concrete, or other approved, impervious, and easily-cleaned
material. Floors and gutters shall be graded so as to drain
properly, and shall be kept clean and in good repair. (Ord.
No. 6594, S 9, 1-9-62)
Sec. 14-79. Other livestock prohibited in milking barn.
No swine, fowl, horses, dry cows, calves or bulls shall be
permitted in the milking barn, stable, or parlor. (Ord. No.
6594, S 9, 1-9-62)
e
Sec. 14-80. Water supply.
Water for all dairy purposes shall be from a supply prop-
erly located, protected, and operated, ::md shall be easily
accessible, adequate and of a safe, sanitary quality; provided,
no well head, well casing, pump, pumping machinery, valve
connected with the suction pump, or exposed suction pipe
shall be located in any pit, room or space extending below
599
~ 14-80
SALINA CODE
~ 14-84
ground level; provided further, that pumping equipment and
appurtenances may be located in a residential basement which
is not subject to flooding. ( Ord. No. 6594, S 10, 1-9-62)
Sec. 14-81. Milk to be certified pasteurized or grade A pas-
teurized.
No milk or milk products shall be sold to the final con-
sumer, or to restaurants, soda fountains, grocery stores or
similar establishments, except certified pasteurized and grade
A pasteurized; provided, that when any milk distributor
fails to qualify for one of the above gradefJ, the health officer
is authorized to suspend his permit until such time that the
milk distributor is qualified again. (Ord. No. 6594, S 11,
1-9-62)
Sec. 14-82. Cleanliness of bulk tanks.
After each day's use of a bulk milk tank for farm pick-up,
the tank shall be cleaned, sanitized and both the dome and the
cabinet sealed. With approval from the health department,
in cases where the tank is only cleaned ~fter use, stored and
then sanitized later before the next use, after such cleaning
both the dome and the cabinet shall be sealed and the seal on
the dome shall not be broken during the sanitizing process.
(Ord. No. 6594, S 12, 1-9-62)
Sec. 14-83. Inspections, examinations to be made by sani-
tarian.
The sanitarian of the health department shall make only
such inspections of dairy herds, dairy farms, public dairies
::md milk plants, and shall make only such examinations of
milk and milk products as are specifically permitted under
the provisions of K.S.A. 65-737 through 65-742. (Ord. No.
6594,9 14, 1-9-62)
Sec. 14-84. Milk, milk products permitted.
It shall be unlawful for any person to move into, deliver or
eell within the city or its police jurisdiction any milk or milk
products for human consumption except:
600
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~ 14-84
FOOD AND FOOD HANDLERS
~ 14-90
Sec. 14-84(1). Grade A raw milk for pasteurization, grade
A pasteurized milk products which have been inspected
by either the sanitarian of the health department or by
a state agency or political subdivision of the state,
and' which have been currently designated grade A
and which currently have a ninety per cent (90%)
survey rating as determined by the Kansas state board
of health.
e
Sec. 1~-84(2). Raw milk for pasteurization produced out-
side of this state and milk and milk products produced
and pasteurized outside of this state, and beyond the
limits of inspection of the sanitarian of the health
department, state agencies and political subdivisions
of the state may be moved into, delivered and sold for
human consumption within the city and its police juris-
diction only if they have at least a ninety per cent
(90%) survey rating as determined by the Kansas
state board of health; provided, that this entire section
14-84 shall not apply to milk delivered to a milk plant
and sold for manufacturing purposes only, in accord-
ance with Regulations No. 4-7-60 of the Kansas state
board' of agriculture. (Ord. No. 6594, S 15, 1-9-62)
Sec. 14-85. When approval of health officer required.
Approval of the health officer must be secured before:
Sec. 14-85(1). Any new kinds of milk or milk products are
introduced for sale in the city;
Sec. 14-85(2). Any existing labels on any milk or milk
products are changed or altered;
Sec. 14-85(3). Any existing containers of milk or milk
products are changed or altered either in size or com-
position. (Ord. No. 6594, S 16, 1-9-(2)
e
Sees. 14-86-14-90. Reserved.
601
~ 14-91
SALINA CODE
~ 14-93
DIVISION 2. PERMITS
Sec. 14-91. Required.
It shall be unlawful for any person to move into, to deliver
or to receive within the city or its police jurisdiction any milk
or milk products permitted to be sold for human consumption
therein under the provisions of section 14-84, without first
npplying for and securing a city milk permit from the Salina-
Saline County Health Department. (Orei'. No. 6594, S 17,
1-9-62)
Sec. 14-92. Application required; contents.
Applications for city milk permits must be made in writing
and filed with the health officer. Every application shall state
and include:
Sec. 14-92(1). The name and address of the applicant, and
whether the applicant is a milk producer, milk hauler,
milk distributor delivering door to door, milk distrib.
utor operating a retail store or eating establishment,
milk producer-distributor, or the operator of a milk
plant, and the applicant's principal place of business;
Sec. 14-92(2). The kinds of milk or milk products for which
he seeks a city milk permit.
Sec. 14-92(3). If the applicant's milk or milk products are
not produced and pasteurized within the limits of in-
spection of the sanitarian of the health department,
the applicant must furnish proof that the state board
of health has determined that such milk or milk prod-
ucts have a current survey rating of at least ninety per
cent (90%) within the current rating period. (Ord. No.
6594, S 18, 1-9-62)
Sec. 14-93. Examination of application; issuance.
Whenever an application for a milk permit is filed with
the health officer, he shall examine the application and deter-
mine whether the application complies with the requirements
of section 14-92 above. If he approves the application, he
602
e
e
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~ 14-93
FOOD AND FOOD HANDLERS
~ 14-94
shall thereupon issue a milk permit to the applicant, if the
applicant shall pay the permit fees required under section
14-94. (Ord. No. 6594, ~ 19, 1-9-62)
Sec. 14-94. Fees.
In order to provide funds for payment of the actual cost
of the se.rvices performed by the sanitarian in making bacterial,
butterfat, temperature and coliform determinations of milk
and milk products moved into, distributed within or sold with-
in the city or its police jurisdiction and for payment of the
actual cost of the inspection services performed by the sani-
tarian in determining that milk or milk products meet the
requirements of this article for Grade A raw milk for pas-
teurization, Grade A pasteurized milk and Grade A pasteurized
milk products, each person holding a milk permit shall be re-
quired annually on or before January fkst to pay to the health
department the following fees for a permit:
Sec. 14-94(1). Holder of a milk producer's permit $3.00
S(!)c. 14-94(2). Holder of a milk hauler's permit _h___ 3.00
Sec. 14-94(3). Holder of a door-to-door milk dis-
tributor's permit _m___nm_____mm________. nnn________n_____ 3.00
For the first truck and $1.00 for each additional
truck.
Sec. 14-94(4). Holder of a milk plant operator's
permit ____mm_h__mm____m_________mn_____ __ _m____n__ No charge
Sec. 14-94(5). Holder of a milk producer-distributor's
permit ----_____________n____________n_____________ ______nn________________ 1.00
per sample on the estimated number of samples of
milk and milk products to be taken for routine testing
during each grading period for one year, plus an addi-
tional charge of $40.00 per year as a service charge.
After the first three (3) months of the calendar year,
any producer-distributor making application for a li-
cense to bring milk or milk productf1 into the city shall
be charged the same as above except that the service
charge shall be on a pro rata basis for the remainder
of the year.
603
!i 14-94
SALINA CODE
~ 14-105
If during any year after January first an application for
a milk permit is made, such applicant, before a permit may
he issued to him, shall pay the annual permit fee as provided
above. (Ord. No. 6594, S 20, 1-9-62)
Cross reference-Fee for permits when not obtained in time, ~ 1-11.
Secs. 14-95-14-104. Reserved.
Article IV. Vending Machines
DIVISION 1. GENERALLY
Sec. 14-105. Definitions.
The following definitions shall apply in the interpretation
and the enforcement of this article:
Sec. 14-105 (1). Adulterated. A food is adulterated:
(a) If it bears or contains any poisonous or deleteri-
ous substance which may be injurious to health:
(b) If it bears or contains any added poisonous or
deleterious substance for which no safe tolerance
has been established by regulation, or in excess of
such tolerance if one has been established;
(c) If it consists in whole or in part of any filthy,
putrid or decomposed substance, or if it is other-
wise unfit for human consumption;
(d) If it has been prepared, packed or stored under
insanitary conditions whereby it may have become
contaminated with filth, or rendered injurious to
health; or
(e) If the container is composed in whole or in part
of a poisonous or deleterious substance which may
render the contents injurious b health.
Sec. 14-105(2). Approved shall mean approved by the health
authority having jurisdiction in the city.
Sec. 14-105(3). Commissary shall mean commissary, cater-
ing establishment, restaurant or any other place in which
food, beverage, ingredients, containers or supplies. are kept,
handled, prepared or stored, and directly from which vending
machines are serviced.
604
e
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~ 14-105
FOOD AND FOOD HANDLERS
~ 14-105
Sec. 14-105(4). Employee shall mean any operator or any
person employed by him who handles any food, beverage or
ingredient to be dispensed through vending machines, or who
comes into contact with food contact surfaces of containers,
equipment, utensils or packaging materials used in connection
with vending machine operations, or who otherwise services
01' maintains one or more such machines.
Sec. 14-105(5). Food shall mean any raw, cooked or processed
edible substance, beverage or ingredient u;1ed or intended for
use in whole or in part, for human consumption.
Sec. 14-105(6). Health authority shall mean the health au-
thority having jurisdiction in the city or an authorized rep-
resentative thereof.
Sec. 14-105(7). Hot liquid food or beverage shall mean
liquid food or beverage, the temperature of which at the time
of service to the consumer is at least one hundred and fifty
degrees (1500) Fahrenheit.
Sec. 14-105(8). Machine location shall mean the room, en-
closure, space or area where one or more vending machines
are installed and operated.
Sec. 14-105(9). Misbranding shall mean the use of any
written, printed or graphic matter upon or accompanying
products or containers dispensed from vending machines,
including signs or placards displayed in relation to such
products so dispensed, which is false or misleading, or which
violates any applicable local, state of federal labeling re-
quirements.
Sec. 14-105(10). Operator shall mean any person, who by
contract, agreement or ownership takes responsibility for
furnishing, installing, servicing, operating or maintaining one
or more vending machines.
Sec. 14-105 (11). Product contact surface shall mean any
surface of the vending machine, appurtenances or containers
which comes into direct contact with any food, beverage or
ingredient.
605
~ 14-105
SALINA CODE
~ 10-107
Sec. 14-105(12). Readily perishable foods 'Shall mean any
food or beverage or ingredients consisting in whole or in part
of milk, milk products, eggs, meat, fish, poultry or other food
capable of supporting rapid and progressive growth of micro-
organisms which can cause food infections or food intoxi-
cation: Provided, that products in hermetically sealed con-
tainers processed by heat to prevent spoilage and dehydrated,
dry or powdered products so low in moisture content as to
preclude development of microorganisms are excluded from
the terms of this definition.
Sec. 14-105(13). Single service article shall mean any uten-
sil, container, implement or wrapper intended for use only
once in the preparation, storage, display, servicl3 or consump-
tion or food or beverage.
Sec. 14-105(14). Vending machine shall mean any 'Self-
8ervice device offered for public use which, upon insertion
of a coin, coins or token, or by other means, dispenses unit
servings of food or beverage, either in bulk or in package.
without the necessity of replenishing the device between each
vending operation. (Code 1960, S 13-701)
Sec. 14-106. Violations.
Any person who shall violate any of the provisions of this
article shall be guilty of a misdemeanor. In addition thereto,
such person may be enjoined from continuing such violation.
Each and every violation of the provisions of this article shall
constitute a separate offense. (Code 1960, S 13-709)
Sec. 14-107. Sale of products from commissaries outside jur-
isdiction of health authority.
Foods, beverages and ingredients from commissaries out-
side the jurisdiction of the health authority of the city may
be sold within the city if such commissaries conform to the
provisions of the food establishment sanitation regulations
of the city or to substantially equivalent provi'Sions.
To determine the extent of compliance with such provisions,
the health authority may accept reports from the responsible
authority in the jurisdiction where the commissary or com-
missaries are located. (Code 1960, S 13-708)
606
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~ 14-108
FOOD AND FOOD HANDLERS
~ 14-108
Sec. 14-108. Permit required.
It shall be unlawful for any person to engage in the oper-
ation of one or more vending machines in the city or its
police jurisdiction who does not possess a currently valid
operator's permit from the health authority. (Code 1960,
~ 13-702)
Sec. 14-109. Compliance prerequisite to permit.
Only persons who comply with the provisions of this article
shall be entitled to receive and retain a permit required by
this article. (Code 1960, S 13-702.)
Sec. 14-110. Application required; contents.
Any person desiring to operate one or more vending ma-
chines in the city shall make application in writing to the
tealth authority on forms provided by the health authority.
Such applicant shall provide the following information:
Sec. 14-110(1). The applicant's full name, residence and
post office address, and whether such applicant is an
individual, firm or corporation. If any partnership
exists, the names of the partners, together with their
addresses 'Shall be included.
Sec. 14-110(2). The location of the commissary or commis-
saries, and of other establishments where supplies are
kept and where vending machines are repaired or reno-
vated.
Sec. 14-110(3). The identity and form of the products to
be dispensed through vending machine'S and the number
of each such type vending machine in his possession.
Sec. 14-110(4). The signature of the applicant or applicants.
(Code 1960, S 13-702)
Sec. 14-111. Investigation of application; issuance of permit;
transferability.
Upon receipt of an application for a permit hereunder, the
health authority shall make an inspection of the commissary,
servicing and transport facilities, and representative machine
and machine locations to determine compliance with the pro-
607
~ 14-111
SALINA CODE
~ 14-116
visions of this article. A numbered operator's permit shall be
issued' to the applicant by the health authority after com-
pliance by the operator with the applicable provisions of this
article. Such permits shall not be transferable. (Code 1960,
S 13-702)
Sec. 14-112. Permit number to be displayed on machines.
The operator's permit number, of a size and style approved
by the health authority, shall be conspicuously displayed on
each vending machine operated by him. (Code 1960, S 13-702)
Sec. 14-113. List of machines and commissaries required.
In order to hold and retain an operator's permit, the oper-
ator shall maintain, within the jurisdiction of the health
authority, a list of all vending machines operated by him and
their location and of all commissaries or other establishments
from which his machines are serviced. This information shall
be available to the health authority upon request. (Code 1960,
S 13-702)
Sec. 14-114. Notice of changes in operations required.
In order to hold' and retain an operator's permit, the oper-
ator shall notify the health authority of any change in oper-
ations involving new types of vending machines, or conversion
of existing machines to dispense products other than those for
which the permit was issued. (Code 1960, S 13-702)
Sec. 14-115. Permit suspension, revocation authorized.
After an opportunity for a hearing, and following the pro-
cedures provided in sections 14-123 through 14-125, an oper-
ator's permit may be temporarily suspended by the health
authority upon violation by the permit holder of any of the
provisions of this article or may be revoked upon serious or
repeated violation of such provisions. (Corle 1960, S 13-702)
Sec. 14-116. Orders requiring immediate correction of con-
ditions.
Notwithstanding any other provisions of this article,
whenever the health authority finds grossly insanitary or
608
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~ 14-116
FOOD AND FOOD HANDLERS
~ 14-119
other conditions involving the operation of any vending ma-
chine or commissary which, in his opinion, involves a sub-
stantial hazard to the public health, he may, without notice
01' hearing, issue a written order to the operator citing the
existence of such condition and specifying corrective action
to be taken and, if deemed necessary, requiring immediate
discontinuance of operation. Such order shall be effective
immediately and shall apply only to the vending machine,
commissary or product involved. Any operator to whom such
order is issued shall comply therewith, but upon petition to
the health authority, shall be afforded a hearing as soon as
possible. When necessary corrective action has been taken,
and on the request of the operator, the health authority shall
make a reinspection to determine whether operations may be
resumed. (Code, 1960, S 13-702)
Sec. 14-117. Action after hearing on notice or order.
After any hearing held under the provisions of this article,
the health authority shall sustain, modify or rescind any
notice or order considered in the hearing. (Code 1960, S
13-702)
Sec. 14-118. Reinstatement of permit.
Any operator whose permit has been suspended may at any
time make application for the reinstatement of the permit.
Within ten (10) days after the receipt of a written appli-
cation, accompanied by, or including, a statement signed by
the operator to the effect that the violated term or terms of
this article have been complied with, the health authority
shall make a reinspect ion. If the applicant is again comply-
ing with the terms of this article, the permit shall be re-
instated. (Code 1960, S 13-702)
Sec. 14-119. Adulterated, misbranded food or drink prohib-
ited.
It shall be unlawful for any person within the city to sell,
offer, or expose for sale, through vending machines, or to
have in possession with intent to sell therefrom, any food,
beverage or ingredient which is adulterated or misbranded.
(Code 1960, S 13-703)
609
~ 14-120
SALINA CODE
9 14-124
Sec. 14-120. Authority to take, examine samples.
Samples of food, beverage or ingredient may be taken and
examined by the health authority as often as may be necessary
to determine freedom from adulteration or misbranding.
(Code 1960, ~ 13-703)
Sec. 14-121. Impounding, forbidding sale of adulterated, mis-
branded food or drink.
The health authority may, on written notice to the operator,
impound and forbid the sale of any food or beverage which
is adulterated or misbranded, or which he has probable cause
to believe to be adulterated or misbranded. (Code 1960, ~
13-703)
Sec. 14-122. Disposition of misbranded, adulterated food or
drink.
After the operator has been given an opportunity for a
hearing, the health authority may cause to be removed or
destroyed any food or beverage which is adulterated or mis-
branded: Provided, that in the case of misbranding which
can be corrected by proper labeling, such food or beverage
may be released to the operator for correct labeling under the
supervision of the health authority. (Code 1960, ~ 13-703)
Sec. 14-123. Inspections authorized.
The health authority shall inspect the SerVICIng, main-
tenance and operation of vending machines dispensing readily
perishable foods and commissaries at least once every six
(6) months. Vending machines dispensing other than readily
perishable foods may be inspected by the health authority as
often as deemed necessary. (Code 1960, ~ 13-704)
Sec. 14-124. Health authority's right of entry; accessibility
to machine interiors.
The health authority after proper identification shall be
permitted to enter at any reasonable time, upon any private
or public property within the city where vending machines
610
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~ 14-124
FOOD AND FOOD HANDLERS
9 14-126
or commissaries are operated, or from 'which such machines
are otherwise serviced, for the purpose of determining com-
pliance with the provisions of this article. The operator shall
make provision for the health authority to have access, either
in company with an employee or otherwise, to the interior
-of all vending machines operated by him. (Code 1960, S 13-
704)
Sec. 14-125. Notice of violations.
Whenever the health authority discovers a violation of any
provision of this article, he shall notify the operator con-
cerned. Such notice shall:
Sec. 14-125(1). Describe the condition found and state
which section of this article is violated by such con-
dition;
Sec. 14-125(2). Provide a specific and reasonable period
of time for the correction of the condition; and
Sec. 14-125(3). State that an opportunity for a hearing on
inspection findings will be provided if a written re-
quest for such hearing is filed with the health authority
within ten (10) days of receipt of th~ notice. The health
authority may advise the operator in writing that un-
less the violations are corrected within the specified
period of time, any permit issued under the provisions
of this article may be suspended or revoked, in accord-
ance with provisions of sections 14-115 through 14-118,
or court action may be initiated. (Code 1960, @ 13-704)
Sec. 14-126. Diseased employees prohibited.
No employee with any disease in a communicable form, or
who is a carrier of such disease, shall work in any commissary
or in vending machine operations in any capacity which brings
him into contact with the production, handling, storage or
transportation of foods, beverages, ingredients or equipment
used in vending machine operations; and no operator shall
employ in any such capacity any such person, or any person
suspected of having any disease in a communicable form, or
of being a carrier of such disease. Any Employee who has a
discharging or infected wound, sore or lesion on hands, arms
611
~ 14-126
SALINA CODE
S 14-135
or any exposed portion of the body shall be excluded from
those operations which will bring him into contact with foods,
beverages, utensils or equipment used i.n vending machine
operations. (Code 1960, S 13-706)
Sec. 14-127. Notice of disease or suspected disease.
Any operator among whose employees there occurs a com-
municable disease or who suspects that any employee has
contracted any disease in a communicable form or has become
a carrier of such disease, shall notify the health authority
immediately. (Code 1960, S 13-706)
Sec. 14-128. Measures authorized when infection suspected.
When suspicion arises as to the possibility of transmission
or inrection from any employee, the health authority is au-
thorized to require any or all or the rollowing measures:
Sec. 14-128(1). The immediate exclusion or the employee
from all commissaries and vending machine operations.
Sec. 14-128(2). The immediate closing of the commissaries
and operations concerned until, in the opinion or the
health authority, no rurther danger or disease outbreak
exists.
Sec. 14-128(3). Adequate medical examinations or the em-
ployee and of his associates, with such laboratory
examinations as may be indicated. (Code 1960, S
13-707)
Sees. 14-129-14-134. Reserved.
DIVISION 2. SANITATION REQUIREMENTS
Sec. 14-135. Products to comply with laws, regulations.
All foods, beverages and ingredients orrered for sale
through vending machines, shall be mannfactured, processed
and prepared in commissaries or establishments which com-
ply with all applicable local, state and federal laws and regu-
lations. (Code 1960, S 13-705)
612
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~ 14-136
FOOD AND FOOD HANDLERS
~ 14-139
Sec. 14-136. General wholesomeness; freedom from spoilage,
contamination, adulteration.
All foods, beverages and ingredients offered for sale
through vending machines shall be wholesome and free from
spoilage, contamination and adulteration. (Code 1960, S 13-
705)
Sec. 14-137. Sanitary packaging, handling, transporting,
vending.
All foods, beverages and ingredients shall be stored or
packaged in clean protective containers, and shall be handled,
transported and vended in a sanitary manner. Wet storage
of packaged products is prohibited. (Code 1960, S 13-705)
e
Sec. 14-138. Manner of dispensing readily perishable foods
generally.
Readily perishable foods offered for sale through vending
machines shall be dispensed to the consumer in the individual
original container or wrapper into which it was placed at
the commissary or at the manufacturer's 0r processor's plant,
or such products shall be dispensed into single service con-
tainers.
In those vending machines dispensing readily perishable
foods, beverages or ingredients in bulk, the bulk supplies of
such foods, beverages or ingredients shall be transferred only
to a bulk vending machine container and appurtenance which
are clean and have been subjected to an approved bactericidal
process. (Code 1960, S 13-705)
e
Sec. 14-139. Temperature of readily perishable foods.
Readily perishable foods or ingredients within the vending
machine shall be maintained at a temperature not higher
than fifty degrees (500) Fahrenheit, or a temperature not
lower than one hundred and fifty degrees (1500) Fahrenheit.
Vending machines dispensing readily perishable foods shall
be provided with controls which insure the maintenance of
these temperatures at all times: Provided, that an exception
613
~ 14-139
SALINA CODE
~ 14-141
may be made for the actual time required to fill or otherwise
service the machine and for the maximum recovery period of
thirty (30) minutes following completion of filling or ser-
vicing operations. Such controls shall also place the machinE
in an inoperative condition until serviced by the operator,
in the event of power failure or other conditions, which per-
mits the food storage compartment to attain a temperature
above fifty degrees (500) Fahrenheit, or below one hundred
and fifty degrees (1500) Fahrenheit, whichever is applicable.
Vending machines dispensing readily perishable food shall be
provided with a thermometer which, to an accuracy of plus
or minus two degrees (20) Fahrenheit, indicates the air tem-
perature of the food storage compartment. (Code 1960, ~
13-705)
Sec. 14-140. Manner of dispensing milk, fluid milk products
generally.
Milk and fluid milk products offered for sale through vend-
ing machines shall be dispensed only in individual original
containers or from bulk containers into which ::mch product
was placed at the milk plant: Provided, that in the case of
vending machines that use fluid milk -products as an ingre-
dient in hot liquid foods or beverages, such milk product may
be transferred at the machine location from the individual,
original container of not more than one-half (1/2) gallon
capacity to a vending machine bulk container which is clean
and has been subjected to an approved bactericidal process
in accordance with section 14-142: Provided further, that in
such transfer, the entire contents of the individual original
container are used. (Code 1960, ~ 13-705)
Sec. 14-141. Cleanliness, filling of milk machines, parts, con-
tainers.
All multi-use parts of any bulk milk vending machine
which come into direct contact with the milk or milk product
shall be effectively cleaned and bactericidally treated at the
milk plant: Provided, that single service dispensing tubes
which receive bactericidal treatment at the fabricating plant
and which are individually packaged in such manner as to
614
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S 14-141
FOOD AND FOOD HANDLERS
S 14-143
preclude contamination may be exempted from this provision.
The can or other bulk milk container shall be filled only at
the milk plant and shall be sealed with two seals in such
manner as to make it impossible to withdraw any part of it's
contents without breaking one seal, and impractical to intro-
duce any substance without breaking the other seal. The de-
livery tube and any milk contact parts of the dispensing
device shall be attached at the milk plant, and shall be pro-
tected by a moisture-proof covering, or housed in a compart-
ment with a moisture-tight closure, which shall not be
removed until after the container is placed in the refrigerated
compartment of the vending machine. (Code 1960, 9 13-705)
Sec. 14-142. Cleanliness of multi-use containers, parts in con-
tact with readily perishable foods.
With the exception of product contact surfaces of bulk milk
vending machines for which separate provisions for cleaning
and bactericidal treatment are specified in section 14-141, all
multi-use containers or parts of vending machines which
come into direct contact with readily perishable foods, bev-
erages or ingredients shall be removed from the machine
daily and shall be thoroughly cleaned and effectively sub-
jected to an approved bactericidal process at the commissary
or other approved facility: Provided, that the requirement
for daily cleaning and bactericidal treatments may be waived
for those contact surfaces which are maintained at all times
at a temperature of not higher than fifty degrees (500 )
Fahrenheit or at a temperature of not lower than one hundred
and fifty degrees (1500) Fahrenheit, whichever is applicable.
Such parts shall, after cleaning and bactericidal treatment,
be protected from contamination. (Code 1960, 9 13-705)
Sec. 14-143. Cleaning of parts in contact with other than
readily perishable foods.
All parts of vending machines which come into direct con-
tact with other than readily perishable foods shall be thor-
oughly cleaned and subjected to a bactericidal treatment by
methods approved by the health authority. The frequency of
such cleaning and bactericidal treatment shall be established
by the health authority based upon the type of product being
615
~ 14-143
SALINA CODE
~ 14-146
dispensed. A record of such cleaning and bactericidal treat-
ment operations shall be maintained by the operator in each
machine and shall be current for at least the past thirty (30)
days. (Code 1960, S 13-705)
Sec. 14-144. Single service containers.
All single service containers, which receive food or beverage
from machines dispensing such products in bulk, shall be
purchased in 'Sanitary cartons or packages which protect the
containers from contamination, shall be stored in a clean
dry place until used and shall be handled in a sanitary manner.
Such containers shall be stored in the original carton or
package in which they were placed at the point of manu-
facture until introduced into the container magazine or dis-
penser of the vending machine. Single service containers
stored within the vending machine shall be protected from
manual contact, dust, insects, rodents and other contamination.
(Code 1960, S 13-705)
Sec. 14-145. Cleanliness of location; surrounding space to be
cleanable, not provide harborage.
Each vending machine shall be located in a room, area or
space which can be maintained in a clean condition and
which is protected from overhead leakage from drains and
piping. Each vending machine shall be so located that the
space around and under the machine can be readily cleaned,
and so that insect and rodent harborage is not created. (Code
1960, S 13-705)
Sec. 14-146. Requirements for floors; maintenance of sur-
roundings.
The floor area upon which vending machines are located
shall be reasonably smooth, of cleanable construction, and be
capable of withstanding repeated wa:shing and scrubbing.
The space and the immediate surroundings of each vending
machine shall be maintained in a clean condition. (Code 1960,
S 13-705)
616
e
~ 14-147
FOOD AND FOOD HANDLERS
~ 14-151
Sec. 14-147. Sturdiness of construction; exterior to facilitate
cleaning, minimize vermin.
The vending machine shall be of a sturdy construction and
the exterior shall be so designed, fabricated and finished as
to facilitate its being kept clean, and to minimize the entrance
of insects and rodents. (Code 1960, ~ 13-705)
Sec. 14-148. Tightness of door and panel access openings.
Door and panel access openings to the product and container
storage spaces of the machine shall be tight fitting, and if
necessary gasketed so as to preclude the entrance of dust,
moisture, insects and rodents. (Code 1960, ~ 13-705)
e
Sec. 14-149. Screening of ventilation louvers, openings.
All necessary ventilation louvers or openings into vending
machines shall be effectively screened against insects and
rodents: Provided, that an exception to this provision may
be made for vending machines currently in use until such
time as such machines are relocated or removed from the
present machine location for any other purposes. Such screen-
ing material shall be not less than sixteen (16) mesh to the
inch or equivalent. (Code 1960, ~ 13-705)
Sec. 14-150. Condenser units to be sealed.
In all new vending machines in which a condenser unit is
an integral part of the machine, such unit shall be sealed
from the product and container storage spaces. (Code 1960,
~ 13-705)
e
Sec. 14-151. Provisions to facilitate cleaning.
Unless the vending machine is sealed to the floor so as
to prevent seepage underneath, or can be manually moved
with ease, one or more of the following provisions shall be
utilized to facilitate cleaning operations:
Sec. 14-151 (1). The machine shall be mounted on legs six
(6) inches or more in height; or
617
~ 14-151
SALINA CODE
~ 14-155
Sec. 14-151 (2). The machine shall be mounted on casters
or rollers; or
Sec. 11,--151 (3). The machine shall be mounted on gliders
which permit it to be easily moved. (Code 1960, ~
13-705)
Sec. 14-152. Service connections.
All service connections through an exterior wall of the
machine, including water, gas, electrical and refrigeration
connections, shall be grommeted or sealed to prevent the
entrance of insects and rodents. All connections to such utili-
ties shall be such as to discourage their unauthorized or
unintentional disconnection. (Code 1960, ~ 13-705)
Sec. 14-153. Design, construction of interior nonproduct con-
tact surfaces.
The nonproduct contact surfaces of the interior of vending
machines shall be so designed and constructed as to permit
easy cleaning, and to facilitate maintenance operations. (Code
1960, ~ 13-705)
Sec. 14-154. Inaccessible interior areas to be minimized.
Inaccessible interior surfaces or areas shall be minimized.
(Code 1960, ~ 13-705)
Sec. 14-155. Product contact surfaces.
Sec. 11,--155(1). All product contact surfaces of vending
machines shall be smooth, in good repair and free of breaks,
corrosion, open seams, cracks and chipped places. The design
of such surfaces shall be such as to preclude routine contact
between food and V-type threaded surfaces. All joints and
welds in product contact surfaces shall be 'Smooth; and all
internal angles and corners of such surfaces shall be rounded
to facilitate cleaning.
Sec. 11,--155(2). All product or ingredient contact surfaces
of vending machines, including containers, pipes, valves and
fittings, 'Shall be constructed of non-toxic, corrosion resistant
618
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S 14-155
FOOD AND FOOD HANDLERS
S 14-156
and relatively nanabsorbent materials, and shall be kept clean.
All containers, valves, fittings, chutes and faucets which are
in cantact with faad shall be easily and readily remavable,
and sa fabricated as to' be easily disassembled and when dis-
assembled, all surfaces shall be visible far inspectian and
cleaning. In machines af such design that praduct cantact
pipes ar tubing are not readily remavable, in-place cleaning
af such pipes and pipe fittings may be permitted: Pravided,
that:
(a) They are sa arranged that cleaning and bactericidal
salutians can be circulated thraughaut the fixed sys-
tem;
(b) Such salutians will cantact all interiar surfaces;
(c) The system is self-draining ar atherwise campletely
evacuated; and
(d) The cleaning pracedures result in tharaugh cleaning
af the equipment. (Cade 1960, S 13-705)
Sec. 14-156. Protection of openings into storage containers.
The apenings intO' all nanpressurized containers used far
the starage of vendable foods and ingredIents, including water,
shall be pravided with cavers which prevent cO'ntaminatian
fram reaching the interiar O'f the cantainers. Such cavers
shall be designed to' pravide a flange which O'verlaps the
apening, and shall be slaped to' pravide drainage fram the
caver surface. Any part apening thraugh the caver shall be
flanged upward at least three-eighths (~.g) inch and shall
be pravided with a caver which averlaps the flange. Can-
densatian ar drip deflecting aprans shall be pravided an all
piping, thermameters, equipment ratary shafts and ather
functianal parts extending intO' the cantainer, unless a water-
tight jaint is pravided. Such aprans shall be cansidered as
satisfactary cavers far thase apenings which are in cantinu-
aus use. Gaskets, if used, shall be O'f a material which is
nO'ntaxic, relatively stable, and relatively nanabsarbent, and
shall have a smaath surface. All gasket retaining graaves
shall be readily cleanable. (Cade 1960, ~ 13-705)
619
~ 14-157
SALINA CODE
~ 14-160
Sec. 14-157. Bulk vending machines; protection of delivery
tube and orifice, condensation prevention, door
for vending stage.
The delivery tube or chute and orifice of all bulk food and
bulk beverage vending machines shall be protected from nor-
mal manual contact, dust, insects, rodents and other con-
tamination. The design shall be such as to divert condensation
or other moisture from the normal filling position of the
container receiving the food or beverage. The vending stage
of such machines shall be provided with a tight fitting, self-
closing door or cover which is kept closed, except when the
machine is in the process of delivering food or beverage. (Code
1960, ~ 13-705)
Sec. 14-158. Drainage of storage compartments in machines
vending packaged liquid products.
The product storage compartment within vending machines
dispensing packaged liquid products, shall be so constructed
as to be self-draining, or shall be provided with a drain outlet
which permits complete draining of the compartment. All
such drains shall be easily cleanable. (Code 1960, ~ 13-705)
Sec. 14-159. Construction of opening devices.
Opening devices which come into contact with the product
or the product contact surface of the containers shall be con-
structed of smooth, non-toxic, corrosion resistant, and rela-
tively nonabsorbent materials. Unless the opening device is
of a single'-service type, it shall be readily removable for
cleaning, and shall be kept clean. Parts of multi-use opening
devices which come into contact with the product or product
contact surface of containers shall be reasonably protected
from manual contact, dust, insects, rodents and other con-
tamination, and such parts shall be readily removable for
cleaning and shall be kept clean. (Code 1960, ~ 13-705)
Sec. 14-160. Quality, source of water; water for product in-
gredient generally.
All water used in vending machines shall be of a safe and
sanitary quality, and from a source approved by the health
620
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S 14-160
FOOD AND FOOD HANDLERS
S 14-164
authority. Water used as a product ingredient shall be piped
into the vending machine under pressure, and all connections
and fittings shall be installed in accordance with local or state
plumbing regulations. Containers for the storage of water
for product ingredient, which are not a part of the closed
water system, shall be designed and maintained as product
contact surfaces. (Code 1960, ~ 13-705)
Sec. 14-161. Water filters and conditioning devices.
If used, water filters or other water conditioning devices
shall be of a type which may be disassembled for periodic
cleaning or replacement of the active element. Replacement
elements shall be handled in a sanitary manner. (Code 1960,
9 13-705)
Sec. 14-162. Protection of water supply from carbon dioxide
or carbonated water.
All vending machines which dispense carbonated beverages
and which are connected to a water supply system shall be
equipped with two (or a double) check valves; or an air gap;
or a device to vent carbon dioxide to the atmosphere; or other
device approved by the health authority, which will provide
positive protection against the entrance of carbon dioxide or
carbonated water into the water supply system. (Code 1960,
9 13-705)
Sec. 14-163. Screening required when check valves used.
Where check valves are used for the protection of the
water supply system, a screen of not less than one hundred
(100) mesh to the inch shall be installed in the water supply
line immediately upstream from the checkvalves. (Code 1960,
S 13-705)
Sec. 14-164. Protection against substances interacting with
carbon dioxide or carbonated water.
In all vending machines which dispense carbonated bever-
ages and which are connected to a water supply system, the
ingredient water contact surfaces from the check valves or
621
~ 14,164
SALINA CODE
~ 14-167
other protective device downstream, including the device itself,
shall be of such material as to preclude the production of
toxic substances which might result from interaction with
carbon dioxide or carbonated water. (Code 1960, ~ 13-705)
Sec. 14-165. Frequency of waste removal; approval of man-
ner of disposal.
All trash and other waste material shall be removed from
the machine location as frequently as may be necessary to
prevent nuisance and unsightliness, and' shall be disposed of
in a manner approved by the health authority. (Code 1960,
~ 13-705)
Sec. 14-166. Waste containers required; location.
Self-closing, leak-proof, readily cleanable, plainly labeled
and designated waste container or containers shall be pro-
vided in the vicinity of each machine or machines to receive
used cups, cartons, wrappers, straws, closures and other single
service items. Such waste containers shall not be located
within the vending machine: Provided, that an exception
may be made for those machines dispensing only packaged
products with crown closures, in which case the closure re-
ceptacle may be located within the machine. Suitable racks
or cases shall be provided for multi-use containers or bottles.
(Code 1960, ~ 13-705)
Sec. 14-167. Disposal of liquid wastes.
Containers shall be provided within all machines dispensing
liquid products in bulk for the collection of drip, spillage,
overflow, or other liquid wastes.
An automatic shut-off device shall be provided which will
place the vending machine out of operatiC'n before such con-
tainer overflows. Containers or surfaces on which such wastes
may accumulate shall be readily removable for cleaning, shall
be easily cleanable, and shall be corrosion resistant. If liquid
wastes from drip, spillage or overflow, which originate within
622
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~ 14-167
FOOD AND FOOD HANDLERS
~ 14-170
the machine, are discharged into a sewerage system, the con-
nection to the sewer shall be through an air gap. (Code 1960,
~ 13-705)
Sec. 14-.J68. Protection of food, beverages, ingredients from
contamination during transit.
Food, beverages or ingredients while in transit to vending
machine locations shall be protected from the elements, dirt,
dust, i,nsects, rodents and other contamination. Similar pro-
tection shall be provided for single-service containers, and
for the product contact surfaces of equipment, containers and
devices in transit to machine locations. (Code 1960, ~ 13-705)
e
Sec. 14-169. Temperature of perishables in transit.
Readily perishable foods or beverages, while in transit to
vending machine locations shall be maintained at a tempera-
ture of not more than fifty degree (500) Fahrenheit, or at
a temperature of not less than one hundrpd and fifty degrees
(1500) Fahrenheit. (Code 1960, ~ 13-705)
Sec. 14-170. Cleanliness of employees.
Employees shall wash their hands immediately prior to
engaging in any vending machine servicing operation which
may bring them into contact with foods, beverages or ingre-
dients, or with product contact surfaces of utensHs, containers
or equipment. While engaged in such servicing operations,
employees shall wear clean outer garments. (Code 1960, ~
13-705)
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623
[The next page is 649 J
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Chapter 15
HEALTH AND SANITATION*
Art. I. In General, llll 15-1-15-23
Art. II. Unhealthful Structures, llll 15-24-15-39
Art. III. Weeds and Obnoxious Growths, llll 15-40-15-47
Article I. In General
Sec. 15-1. "Health department" defined.
Wherever in this code and other ordinances of the city
the words "health department" are used they shall refer to
the city-county health department. (Code ]960, S 13-201)
e
Sec. 15-2. "Health officer" defined.
Wherever 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.
"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 1960, ~S 13-202,
13-203 )
Sec. 15-3. Procedure for abatement of nuisances.
Whenever the health officer of the city shall determine that
a nuisance or unhealthful condition exists as defined by this
Qode, or the statutes of the state, and determines that the
same is detrimental to the health of the inhabitants of the
city, or of any neighborhood, family or resident of the city,
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*Cross references-For creation and composition of department of
public health, see ~ 2-94(3); for department of public health generally,
see, ~ 2-125 et seq.; for air pollution, see Ch. 4; for animals and fowl,
see Ch. 8; for buildings generally, see Ch. 9; for plumbing regulations,
see ~ 9-199 et seq.; for cemeteries, see Ch. 10; for food and food handlers,
see Ch. 14; for housing, see Ch. 16; for mobile homes and mobile home
courts,see Ch. 21; spitting in public, ~ 23-156 et seq.; for municipal
swimming pools, see ~ 25-15 et seq.; for private swimming pools, see
S 25-29 et seq.; for refuse regulations, see Ch. 31; for water and sewers
generally, see Ch. 35; for joint city-county health department, see Ap-
pendix D of this code.
649
S 15-3
SALINA CODE
~ 15-5
then the health officer shall forthwith issue notice requiring
the owner or agent of the owner of the premises upon or in
front of which such nuisance is situated to remove and abate
from said premises the thing or things therein described as
nuisances, within ten (10) days from the date of said notice.
Said notice shall be served by the health officer or any assist-
ant health officer by delivering a copy thereof to the owner
or agent of such property, or by mailing said notice to his
last known address. If such owner or agent shall fail or neglect
to comply with the requirements of such notice for a period
of ten (10) days, then the city manager Flhall have the thing
or things described in said notice as a nuisance, removed and
abated from said lot or piece of ground, and the cost of such
removal and abatement shall be assessed and ch:l.rged against
the lot or parcel of ground on which nuisance was located; and
the city clerk shall, at the time of certifying other city taxes
extend the same on the tax roll of the county against said 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. (Ord. No. 6858, ~ 1, 6-14-65)
Sec. 15-4. Health officer to adopt measures to cleanse prem-
ises, abate nuisances.
The health officer shall adopt all necessary measures for
cleansing and purifying all buildings, lots and other places,
and for causing the removal therefrom of all nauseous sub-
stances producing a disagreeable odor or tending to cause
sickness or disease, and to ,cause the removal, cleansing and
abating of all nuisances caused by dead carcasses or by the
conditions of privies, stock pens, stables or any other out
building or by filth, stagnant water, decayed or decaying
vegetation or other matter and he may do or cause to be
done whatsoever in his judgment shall be necessary to carry
out such measures. (Code 1960, ~ 13-301)
Sec. 15-5. Abatement of nuisances at expense of city author-
ized; assessment of costs.
The health officer shall, in all cases where he may deem
it necessary for the speedy execution of his orders, cause any
650
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~ 15-5
HEALTH AND SANITATION
~ 15-7
unhealthful condition or nuisance as specified in section 15-4
to be abated or removed at the expense of the city; and also
to cause any such condition or nuisance which may exist upon
the property of any nonresident owner, or upon property the
owner of which cannot be found, or is unknown and cannot
be ascertained, or upon property whose owner refuses or
neglects to abate or remove such condition or nuisance, to be
abated or removed in like manner at the expense of the city.
The said officer shall certify to the city clerk a description
of such pieces of property, together with the cost of abating
or removing such nuisances therefrom and such amount shall
be assessed upon such property by the board of commissioners
and' the same shall be certified to the county clerk to be col-
lected as other 'Special assessments. (Code 1960, ~ 13-302)
Sec. 15-6. Standing water prohibited, declared nuisance.
Any pond or ponds of water standing upon any lot or
parcel of ground within the corporate limits of the city is
hereby declared to be public nuisances; and any person who
shall knowingly permit such nuisances as are herein defined
to be or remain upon or in front of any lot or parcel of ground
owned by him, or for which he is agent if such owner be a
nonresident, shall be deemed guilty of a misdemeanor. (Code
1960, ~ 13-303)
Sec. 15-7. Sewer connections-Required.
Persons and property owners owning dwelling houses or
buildings 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 dis-
posing of all 'Substances from any such building affecting the
public health which may be lawfully and properly disposed
of by means of such sewer. (Code 1960, ~ 13-901)
Cross reference-Sewer connection permits and fees, ~. 9-211.
651
~ 15-8
SALINA CODE
~ 15-11
Sec. 15-8. Same-Connection by city.
In the event any person or persons 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 said sewer system and the
city is hereby authorized to advertise for bids for the con-
struction and making of such sewer connf:!ctions, and to con-
tract therefor with the lowest responsible bidder or bidders,
and to cause such premises to be connected with said sewer
system. (Code 1960, ~ 13-902)
Sec. 15-9. Same-Assessment of costs.
To pay the costs and expenses of work done in connecting
premises to the sewer system, the city may assess said costs
and expenses against the property and premises so connected,
such assessment to be made in the same manner as other
special assessments are made. (Code 196(\, ~ 13-903)
Sec. 15-10. Vaults, cesspools-Defined.
The terms "vault" and "cesspool" as used herein shall be
deemed to include all privy vaults, septic tanks and any re-
ceptacle for filth or excrement for the carrying off of which
the sewers of the city may be properly used, and all appur-
tenances thereto. (Code 1960, ~ 13-1003)
Sec. 15.11. Same-Prohibited, declared nuisance if sewer
available.
It shall be unlawful and a nuisance to construct on any
property in the city which abuts on any street or alley in
which there is located a public sewer or which is sufficiently
close to any public sewer to have access thereto, any vault or
cesspool, and it shall be unlawful and a nuisance to use or
permit the use of any vault or cesspool now constructed on
any such property. (Code 1960, ~ 13-1001)
652
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S 15-12
HEALTH AND SANITATION
S 15-13
Sec. 15-12. Same-Notice and abatement.
Any vault or cesspool now or hereafter located or construct-
ed on any property in the city which abuts upon any street
or alley upon which there is or in which there may be here-
after located any public sewer, or which is accessible to any
public 'sewer now or hereafter constructed, shall be and the
same is hereby prohibited and suppressed and the same shall
be removed upon notice given by the chit~f of police to the
occupant of any such premises, and to the owner of 'Such
premises if such owner be a resident of the city, or if such
owner be a nonresident of the city, then to the agent of such
owner if such agent be a resident of the city, and if such
agent can be found by or is known to the chief of police. If
any such occupant, owner or agent, or any of them, are
nonresidents of the city, or cannot be found or located by
the chief of police in the city, 'Such notice as to any or all of
such persons who are nonresidents or who cannot be located
within the city, may be posted in a conspicuous place on said
premises and such posting shall have the same effect as to
such nonresidents or persons who cannot be found or located
in said city, as if the same had been personally served upon
them.
Each such vault or cesspool is hereby declared to be a
public nuisance and if within ten (10) days after the service
of any such notice, the same shall not be removed by the
occupant or owner, or by the agent of the owner, such vault
or cesspool shall be abated and removed, and filled up, by some
person employed for such purpose by order of the board of
commissioners and the cost thereof shall be reported to the
board of commissioners and shall be assessed and taxed
against the lot or tract of ground upon which 'Such vault or
cesspool is located and maintained, and such cost shall be
levied, certified and collected as a special assessment in the
same manner as special as'Sessments for repairing and build-
ing sidewalks. (Code 1960, S 13-1002)
Sec. 15-13. Same-Violations.
Any person, firm or corporation, or the agent, employee,
representative, officer or member of any such person, firm
653
* 15-13
SALINA CODE
~ 15-26
or corporation who shall violate any of the provisions of sec-
tions 15-11 and 15-12, or who shall fail, neglect or refuse
to comply with any order or notice made or given pursuant
to abate such violation, or who shall maintain or permit the
maintenance of any nuisance described in section 15-11, shall
be deemed guilty of a misdemeanor. (Code 1960, ~ 13-1004)
Sees. 15-14-15-23. Reserved.
Article II. Unhealthful Structures~
Sec. 15-24. Declared nuisances.
Whenever any building, dwelling house or tenement within
the city is in such unhealthful and unsanitary conditions as to
be unfit for human habitation, or to be a menace to the general
health of the public as a breeding place for contagion and
disease, it shall constitute a nuisance. (Code 1960, ~ 13-1101)
Sec. 15-25. Notice required.
The health officer shall cause to be served upon the owner
or his agent of said property, tenements or buildings, a notice
commanding him to be and appear at a meeting of the board
of commissioners to show reason why said property, tenement
or building should not be condemned by said board of com-
missioners and ordered abated or removed a8 a nuisance.
(Code 1960, ~ 13-1101)
Sec. 15-26. Service of notice.
Said notice may be served upon the owner or agent of said
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 deliver-
ing a coPy of said notice to the agent or owner, or by leaving
a coPy of said notice at his usual place of residence. In the
event 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 publica-
*Cross reference--For dangerous structur,es, see ~ 12-60 et seq.
654
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S 15-26
HEALTH AND SANITATION
~ 15-39
tion 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 sUlCh nonresident owner or agent, in case
his address can be ascertained. (Code 1960, ~ 13-1101)
Sec. 15-27. Time, place of hearing.
The time and place of said hearing before said commission-
ers shall be set forth in the notice, and the hearing shall not
be had in less than five (5) days after the service of such
notice upon the owner or agent as aforesaid. (Code 1960, S 13-
1101)
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Sec. 15-28. Order requiring abatement.
Upon such hearing before the board of commIssIOners, if
in the opinion of three fifths (3/5) of said board, after having
heard all the evidence in the matter, such building, tenement
or property as aforesaid constitutes a nuisance as aforesaid,
then the board of commissioners shall order said nuisance
to be removed or abated by the owner or agent within ten
(10) days, or within such reasonable time as the commission-
ers may deem proper in the premises. (Code 1960, ~ 13-1101)
Sec. 15-29. Failure to comply with order.
If, at the end of the time designated by the commISSIOn
for the abatement or removal of such nuisance, the owner or
agent has failed in whole or in part to comply with the order
of the commissioners, then the commissioners shall order the
joint city-county health department forthwith to remove or
abate such nuisance and cause the cost of abating or removal
of said nuisance to be taxed against the lot or tract of ground
upon which the same is located or maintained, and to levy,
certify and collect the same as a special assessment in the same
manner as for repairing and building sidewalks. (Code 1960,
~ 13-1101)
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Sees. 15-30-15-39. Reserved.
655
~ 15-40
SALINA CODE
~ 15-43
Article III. Weeds and Obnoxious Growths
Sec. 15-40. Prohibited.
It shall be unlawful for any owner, occupant or other per-
son in charge of any lot or piece of land within the city to
permit the growth thereon or in the streets and alleys in front
of and abutting upon any such lot or piece of land of weeds,
rank grass or other obnoxious growths of vegetation and it
shall be the duty of every owner, occupant or person in charge
of any such lot or piece of land within the city to cut and
destroy all weeds, rank grass or other obnoxious growths of
vegetation thereon and in the streets and alleys in front of
and abutting upon any such lot or piece of land. (Code 1960,
S 18-401)
Sec. 15-41. Declared nuisance.
The existence of weeds, rank grass or other obnoxious
growths of vegetation on any lot or piece of land or in the
streets and alleys in front of and abutting upon any lot or
piece of land within the city is hereby declared to be a public
nuisance. (Code 1960, S 18-402)
Sec. 15-42. Cutting by city required.
In the event of the failure of the owner, occupant or person
in charge of any lot or piece of land to cut and destroy such
weeds, rank grass or other obnoxious growths of vegetation
thereon, and in the streets and alleys in front of and abutting
upon any such lot or piece of land, it shall be the duty of the
superintendent of streets to proceed to cut and destroy all
such weeds, rank grass or other obnoxious growths of vegeta-
tion found by him on any lot or piece of ground in the city.
(Code 1960, S 18-402)
Sec. 15-43. Interfering with city cutting.
It shall be unlawful for any person, owner or occupant or
person in charge of any lot or piece of land in the city to
interfere with or to attempt to prevent the superintendent
of streets or any person employed or designated by him to
656
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~ 15-43
HEALTH AND SANITAT'ION
~ 15-46
cut and' destroy any such weeds, rank grass or other obnoxious
growths of vegetation from entering upon any such lot or piece
of ground or from proceedIng with such cutting and destruc-
tion. (Code 1960, S 18-403)
Cross reference-Obstructing city officers, 9 23-57.
Sec. 15-44. Record, reports of costs of city cutting; assess-
ment, collection.
e
The superintendent of streets shall keep an account of the
cost of cuttIng and destroYIng the weeds, rank gras'S or other
obnoxious growths or vegetation on each such lot or piece
of ground and in the streets and alleys in front of and abut-
ting upon any such lot or piece of land in the CIty, and shall
report the same to the city clerk and Buch cost shall be, by
ordinance, as'Sessed against each such lot or piece of land
and such speCIal assessments shall be, by the city clerk, certi-
fied to the county clerk to be collected in like manner as
other taxes and special assessments or collected according to
law. (Code 1960, S 18-404)
Sec. 15-45. When city may bear cost of cutting.
Whenever the health department determine'S that the growth
of weeds and vegetation has become a menace to the public
health and welfare, and so advises the bOhTd of commission-
ers, the board of commissioners shall order the cutting and
removal of such weeds and vegetation at the expense of the
city. (Code 1960, S 18-407)
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Sec. 15-46. Exceptions.
Nothing in this article shall apply to field bindweed (Con
volvulus arvensis), Russian knapweed (Centaurea picris),
hoary cress (Lepidium draba) and Johnson grass (Sorghum
halepense) if such grass is declared to be a noxious weed by
the board of county commissioners, the eradication of which
is provided for in K.R.S. Chapter 2, Article 13. (Code 1960, S
18-406 )
657
~ 15-47
SALINA CODE
~ 15-47
Sec. 15-47. Violations.
Any person who shall violate any of the provi'sions of this
article shall be deemed guilty of a misdemeanor. This provi-
sion shall be in addition to any other provision contained in
this article, and the assessment of the cost of cutting and
destroying any weeds, rank grass or other obnoxious growths
of vegetation against any lot or piece of land shall not be
deemed to and shall not prevent the assessment of the penalty
provided for a misdemeanor. (Code 1960, S 18-405)
[The next page is 683]
658
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Chapter 16
HOUSING*
Art. I. In General, ~~ 16-1-16-18
Art. II. Administration and Enforcement, ~~ 16-19-16-53
Div. 1. Generally, ~~ 16-19-16-29
Div. 2. Appeals, ~~ 16-30-16-53
Art. III. Use and Occupancy Regulations, ~~ 16-54-16-76
Article I. In General
Sec. 16-1. Short title.
This chapter shall be known as the "Minimum Housing
Code," and will be referred to herein as "this code". (Ord. No.
8309, ~ 1, 10-29-73)
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Sec. 16-2. 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 code. (Ord. No. 8309, ~ 1, 10-29-73)
Sec. 16-3. Policy and purpose declared.
The board of commissioners declares the purpose of this
code is to protect, preserve, and promote the physical and
mental health of the people, investigate and control com-
municable diseases, regulate privately and publicly owned
dwellings for the purpose of sanitation and public health, and
protect the safety of the people and promote the general wel-
fare by legislation which shall be applicable to all dwellings
.
*Editor's note-Ord. No. 8309, ~~ 1 and 2, adopted Oct. 29, 1973,
repealed former Ch. 16 pertaining to housing and enacted in lieu thereof
a new Ch. 16 relative to the same subject. Former Ch. 16 was derived
from Ord. No. 8209, ~ 1, adopted May 30, 1972, and Ord. No. 8246, ~ 1,
adopted Sept. 11, 1972.
Cross references-Buildings and structural appurtenances generally,
Ch. 9; fire protection and prevention, Ch. 12; health and sanitation,
Ch. 15; unlawful housing practices, ~ 161h -8; mobile homes and mobile
home courts, Ch. 21; private swimming pools, ~ 25-29 et seq.; refuse
and garbage disposal, Ch. 31; water and sewers, Ch. 35.
SuPp. No. 17
663
~ 16-3
SALINA CODE
~ 16-4
now in existence or hereafter constructed and which legisla-
tion: (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 maintenance; (2) deter-
mines the responsibilities of owners, operators and occupants
of dwellings; and (3) provides for the administration and en-
forcement thereof. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-4. Definitions.
The following definitions shall apply to the enforcement of
this code:
Sec. 16-4(1). Basernent shall mean a portion of a building
located partly underground, but having less than half
(1;2) of its clear floor-to-ceiling height below the av-
erage grade of the adj oining ground.
Sec. 16-4(2). Cellar shall mean a portion of a building
located partly or wholly underground, and having half
( 1;2) or more than half (1;2) of its clear floor-to-ceiling
height below the average grade of the adjoining
ground.
Sec. 16-4(3). Dwelling shall mean any building which is
wholly or partly used or intended to be used for living
or sleeping by human occupants. Provided that tempo-
rary housing as hereinafter defined shall not be re-
garded as a dwelling.
Sec. 16-4(4). Dwelling ~init shall mean any room or group
of rooms located within a dwelling and forming a single
habitable unit with facilities which are used, or in-
tended to be used, for living, sleeping, cooking and
eating.
Sec. 16-4(5). Garbage shall mean any accumulation of ani-
mal, fruit or vegetable waste matter that attends the
preparation, use, cooking, delivering, or storage of
meats, fish, fowl, fruits or vegetables.
Supp. No. 17
664
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II 16-4
HOUSING
Sec. 16-J,.(6). Habitable dwelling shall mean any structure
or part thereof that shall be used as a home or place
of abode by one or more persons.
Sec. 16-1,.(7). Habitable room shall mean a room designed
to be used for living, sleeping, eating or cooking pur-
poses, excluding bathrooms, toilet rooms, closets, halls
and storage places, or other similar places, not used
by persons for extended periods.
Sec. 16-1,.(8). Infestation shall mean the presence, within or
around a dwelling, of insects, rodents, or other pests.
Sec. 16-1,.(9). Multiple dwelling shall mean any dwelling
containing more than two (2) dwelling units.
Sec. 16-J,.(10). Occupant shall mean any person, over one
year of age, living, sleeping, cooking, or eating in, or
having actual possession of, a dwelling unit or rooming
unit.
Sec. 16-J,.(11). OperatM shall mean any person who has
charge, care, or control of a building, or part thereof,
in which dwelling units or rooming units are let.
Sec. 16-J,.(12). Owner shall mean any person, firm, or cor-
poration who, jointly or severally along with others,
shall be in actual possession of, or have charge, care
and control of any dwelling unit within the city as own-
er, employee, or agent of the owner, or as trustee or
guardian of the estate or person of the title holder,
and such person shall be deemed and taken to be the
owner or owners of such property within the true in-
tent and meaning of this code and shall be bound to
comply with the provisions to the same extent as the
record owner and notice to any such person shall be
deemed and taken to be a good and sufficient notice
as if such person or persons were actually the record
owner or owners of such property.
Sec. 16-J,.(13). Plumbing shall mean and include all of the
following supplied facilities and equipment: Gas or
fuel pipes, gas or fuel burning equipment, water pipes,
SuPP. No. 17
665
II 16-4
~ 16-4
SALINA CODE
~ 16-4
garbage disposal units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bathtubs" shower
baths, installed clothes washing machines, catch basins,
drains, vents and any other simliar supplied fixtures,
together with all connections to water, sewer, gas or
fuel lines.
Sec. 16-4(14). Building inspector shall be that person ap-
pointed by the city manager pursuant to section 2-77
of the Salina Code, together with the city health offi-
cer and such assistant officers as the city manager shall
designate.
Sec. 16-4(15). Rooming unit shall mean any room or group
of rooms forming a single habitable unit used or in-
tended to be used for living and sleeping; but not for
cooking or eating purposes.
Sec. 16-4(16). Rooming house shall mean any dwelling, or
that part of any dwelling containing one or more room-
ing units, in which space is let by the owner or operator
to three (3) or more persons who are not husband or
wife, son or daughter, mother or father, or sister or
brother of the owner or operator.
Sec. 16-4(17). Refuse shall include garbage and trash.
Sec. 16-4(18). Supplied shall mean paid for, furnished, or
provided by, or under the control of, the owner or op-
erator.
Sec. 16-4(19). Temporary housing shall mean any tent,
trailer, or other structure used for human shelter which
is designed to be transportable and which is not at-
tached to the ground, to another structure, or to any
utilities system on the same premises for more than
thirty (30) consecutive days, or one which is located
in a mobile homes court duly licensed by the city.
Sec. 16-4(20). Trash, combustible shall mean waste con-
sisting of papers, cartons, boxes, barrels, wood and
excelsior, tree branches, yard trimmings, wood furni-
ture, bedding and leaves.
Supp. No. 17
666
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fi 16-4
HOUSING
~ 16-7
Sec. 16-4(21). Trash, noncombustible shall mean waste con-
sisting of metals, tin cans, glass, crockery, other min-
eral refuse and ashes and street rubbish and sweepings.
Sec. 16-4(22). Meaning of certain words. Whenever the
words "dwelling", "dwelling unit", "rooming house",
"rooming unit", "premises", are used in this chapter,
they shall be construed as though they were followed
by the words "or any part thereof". (Ord. No. 8309, ~
1, 10-29-73)
Sec. 16-5. Violations; nuisance declared.
Any violation of the provisions of this code 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. (Ord.
No. 8309, ~ 1, 10-29-73)
Sec. 16-6. Effect of conflict of ordinances.
In any case where a provision of this code is found to be
in conflict with the provision of any zoning, building, fire,
safety, or health ordinance or code of the city existing on
the effective date hereafter, the provision which establishes
the higher standard for the promotion and protection of the
health and safety of the people shall prevail. In any case
where a provision of this code is found to be in conflict with
a provision of any other ordinance or code of the city existing
on the effective date hereafter which establishes a lower
standard for the promotion and protection of the health and
safety of the people, the provisions of this code shall be deem-
ed to prevail. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-7. Responsibilities Gf owners, occupants generally.
Every dwelling, including all yards, lawns and courts shall
be kept clean and free from any accumulation of filth, rubbish,
garbage or any similar 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
SUllP.No.17
667
.~ 16-7
SALINA CODE
~ 16-19
has exclusive control, to comply with the rules and regula-
tions and to place all garbage and refuse in proper containers.
If receptacles are not provided by the owner, then the occu-
pant shall provide such receptacles as may be necessary to
contain all garbage and trash. Every occupant 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 dwelling unit shall be re-
sponsible for such extermination whenever his dwelling unit
is the unit primarily infested. Notwithstanding the foregoing
provisions of this section, whenever infestation is caused by
failure of the owner to maintain a dwelling in a ratproof or
reasonably insect-proof condition, extermination shall be the
responsibility of the owner and operator. Whenever infesta-
tion exists in two (2) or more of the dwelling units in any
dwelling, or in the shared or public parts of any dwelling con-
taining two (2) or more dwelling units, extermination thereof
shall be the responsibility of the owner. (Ord. No. 8309, ~ 1,
10-29-73)
Sec. 16-8. 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, chimneys, toilets, sinks,
walls, and ceilings shall be kept in good repair and good usable
condition. (Ord. No. 8309, ~ 1, 10-29-73)
Sees. 16-9-16-18. Reserved.
Article II. Administration and Enforcement
DIVISION 1. GENERALLY
Sec. 16-19. Responsibility for enforcement.
The building inspector is hereby authorized and directed
to enforce all of the provisions of this code. The city manager
Supp. No. 17
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~ 16-19
HOUSING
~ 16-21
may also appoint such number of inspectors as may be neces-
sary 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 code. (Ord. No. 8309, ~ 1, 10-29-73)
Sec. 16-20. Building inspector may make recommendations.
The building inspector is authorized to make recommenda-
tions from time to time as shall be necessary to carry out the
purpose of this code; which recommendations and regulations
shall become effective when approved by ordinance of the
board of commissioners. (Ord. No. 8309, ~ 1, 10-29-73)
Sec. 16-21. Inspection authorized.
For the purpose of determining compliance with the pro-
visions of this code, the building inspector or his authorized
representative, is hereby authorized and directed to make in-
spections 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 inspections, the building inspector or his authorized rep-
resentative, is hereby authorized to enter, examine and survey
all dwellings, dwelling units, rooming units and premises
upon which the same are located, at all reasonable times.
Sec. 16-21(1). Notification and right of entry. The owner,
operator and occupant of every dwelling, dwelling unit,
and rooming unit shall give the building inspector, or
his authorized representative, free access to such dwell-
ing, dwelling unit, or rooming unit, and its premises,
for the purpose of such inspection, examination and
survey. In the event the owner, operator, or occupant
refuses to admit the building inspector, the inspector
may apply for the right to enter and inspect, by appli-
cation to the district court of Saline County, Kansas.
Sec. 16-21 (2). 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 reasonable
Supp. No. 17
669
~ 16-21
SALINA CODE
~ 16-23
times for the purpose of making such repairs or alter-
ations as are necessary to effect compliance with the
provisions of the code, or with any rule or regulations
adopted and promulgated, or any order issued pursuant
to the provisions of this code. (Ord. No. 8309, S 1, 10-
29-73 )
Sec. 16-22. Notice of violations required.
Except in those instances in which section 16-24 hereof is
applicable, whenever the building inspector or his authorized
representative determines that there has been a violation of
any provisions of this chapter or any rule or regulation adopt-
ed 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 16-23(4). (Ord. No. 8309,
S 1, 10-29-73)
Sec. 16-23. Contents of notice; service.
This notice of violation shall:
Sec. 16-23(1). Be in writing;
Sec. 16-23(2). Particularize the violations alleged to exist
or to have been committed;
Sec. 16-23(3). Provide a reasonable time, but not less than
thirty (30) days in any event, for the correction of the
violations particularized;
Sec. 16-23(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 con-
cerned, 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,
delivered to addressee only. If service is made by reg-
istered or certified mail, the building inspector 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 addressed
Supp. No. 17
670
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HOUSING
~ 16-24
cannot be found or served after diligent effort to do so,
service may be made upon such person or persons by
posting a notice in a conspicuous place in or about the
dwelling affected by the notice, in which event the
building inspector or his authorized representative
shall include in the record a statement as to why such
posting was necessary. (Ord. No. 8309, ~ 1,10-29-73)
Sec. 16-24. 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:
Sec. 16-24(1). Standards. The building inspector may de-
termine 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 build-
ings, or other residents of the municipality, or which
shall have a blighting influence on properties in the
area. Such conditions may include the following with-
out limitations: Defects therein increasing the hazards
of fire, accident, or other calamities; lack of adequate
ventilation; air pollution; light or uncleanliness, sani-
tary facilities; dilapidation; disrepair, structural de-
fects; overcrowding; 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 neighborhood or the city;
walls, siding or exteriors of a quality and appearance
not commensurate with the character of the properties
in the neighborhood; unsightly stored or parked ma-
terial, equipment, supplies, machinery, trucks, or auto-
mobiles or parts thereof; vermin infestation; inade-
quate drainage; or any violation of the health, fire,
building or zoning regulations, or other law or regula-
tions relating to the use of land and the use and occu-
pancy of the buildings and improvements.
Supp. No. 17
671
~ 16-24
SALINA CODE
~ 16.25
Sec. 16-24(2). Placarding, order to vacate. Any dwelling
or dwelling unit condemned as unfit for human habita-
tion and so designated and placarded by the building
inspector, shall be vacated within thirty (30) days.
Sec. 16-24(3). Cornpliance required before reoccupancy.
No dwelling or dwelling unit which has been condemned
and placarded as unfit for human habitation shall again
be used for human habitation until written approval
is secured from and such placard is removed by, the
building inspector. The building inspector shall re-
move such placard whenever the defect or defects upon
which the condemnation and placarding action were
based have been eliminated. It shall be unlawful for
anyone to let, lease, occupy or permit the occupancy,
whether for a consideration or not, of any dwelling so
posted and any violation of this provision shall consti-
tute a misdemeanor within the meaning of this code.
It shall be unlawful for any person to deface or remove
the placard from any dwelling or dwelling unit which
has been condemned as unfit for human habitation and
placarded as such, except the building inspector as
herein provided, and any violation of this provision
shall constitute a misdemeanor within the meaning of
this code. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-25. Order to repair, remove or demolish.
At the time of the placarding and order to vacate specified
by section 16-24 (2) hereof, the building inspector shall deter-
mine the cost of repairs, alterations, or improvements and
shall notify the owner of his determination. The building in-
spector shall also issue and cause to be served upon the owner
in the manner specified for serving notice in section 16-23 (4)
hereof, a furthehr order which:
Sec. 16-25 (1). If the repair, alteration, or improvement of
the structure can be made at a cost which is less than
three hundred per cent (300 %) of the then current as-
sessed taxable value of the structure, requires the own-
Supp. No. 17
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~ 16-25
HOUSING
~ 16-26
er, within the time specified in the order, to repair,
alter, or improve such structure so as to render it fit
for human use or habitation and commanding the own-
er to leave such structure vacant until compliance with
such order; or
Sec. 16-25(2). If the repairs, alterations, or improvements
of the structure cannot be made at a cost which is less
than three hundred per cent (300%) of the then cur-
rent assessed taxable value of the structure, requires
the owner within the time specified in the order to re-
move or demolish such structure. Ord. No. 8309, 9 1,
10-29-73)
Sec. 16-26. Procedure for repairs or demolition.
Sec. 16-26(1). Whenever a petition is filed with the building
inspector, or his designated agent, by at least five (5) resi-
dents of the municipality charging that any structure is unfit
for human use or habitation, or whenever it appears to the
bull ding inspector, 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 stat-
ing the charges in that respect. Such complaint shall contain
a notice that a hearing will be held before the building in-
spector 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 said 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 otherwise, and give
testimony at the place and time fixed in the complaint; and
that the rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the building in-
spector.
Sec. 16-26(2). If, after such notice and hearing the building
inspectOl' determines that the structure under consideration
is unfit for human use or habitation he shall state in writing
Supp. No. 17
673
~ 16-26
SALINA CODE
!\ 16-26
his findings of facts in support of such determination and
shall issue and cause to be served upon the owner thereof an
order which:
Sec. 16-26(2) (a). If the repair, alteration, or improvements
of said structure can be made at a reasonable cost in
relation to the value of the structure, which shall not
exceed three hundred per cent (300%) of the then cur-
rent assessed taxable value of the structure, the owner
of said property 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 conformance with this chapter
is made; or,
Sec. 16-26(2) (b). If the repair, alteration or improvement
of the said structure cannot be made at a reasonable
cost in relation to the value of the structure, that is
to say, less than three hundred per cent (300%) of
the then current assessed taxable value of the struc-
ture, which is hereby fixed as a reasonable cost by the
governing body of said city, the owner shall within the
time specified in said order remove or demolish such
structure.
Sec. 16-26(3). 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 is-
suance of such order, the building inspector may cause such
structure to be repaired, altered or improved, or to be vacated
and closed.
Sec. 16-26(4). If the owner fails to comply with an order
to remove or demolish the structure within one hundred
twenty (120) days from the date of issuance of such order,
the building inspector may cause such structure to be removed
or demolished.
Sec. 16-26(5). The amount of the cost of such repairs, alter-
ations or improvements, or vacating and closing or removal
or demolition by the building inspector shall be a lien against
Supp. No. 17
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~ 16-26
HOUSING
~ 16-27
the real property upon which such cost was incurred and such
lien, including as part thereof allowance of his costs and the
necessary attorney's fees, may be foreclosed in judicial pro-
ceedings, 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 said lot or parcel of land.
If the structure is removed or demolished by the building
inspector he shall sell the materials of such structure and
shall credit the proceeds of such sale against the cost of the
removal or demolition and if there be any balance remaining
it shall be paid to the parties entitled thereto as determined
by proper judicial proceedings instituted by the building
inspector after deducting the costs of such judicial proceed-
ings including his necessary attorney's fees incurred therein,
as determined by the court. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-27. Conditions making structures unfit for human use
or habitation.
The building inspector may determine that a structure 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 such municipality or which have a blighting
influence on properties in the area. Such conditions may in-
clude the following without limitations: Defects therein in-
creasing the hazards of fire, accident or other calamities; lack
of adequate ventilation, air pollution; light or sanitary facili-
ties; dilapidation; disrepair, structural defects, uncleanliness;
overcrowding; inadequate ingress and egress; dead and dying
trees; limbs or other unsightly natural growth; unsightly ap-
pearances that constitute a blight to adjoining property, the
neighborhood or the city; walls, siding or exteriors of a quality
and appearance not commensurate with the character of the
properties in the neighborhood; unsightly stored or parked
SUPP. No. 17
675
~ 16-27
SALINA CODE
~ 16-29
material, equipment, supplies, machinery, trucks or automo-
biles or parts thereof; vermin infestation; inadequate drain-
age; or any violation of health, fire, building or zoning regu-
lations, or any other laws or regulations relating to the use of
land and the use and occupancy of buildings and improve-
ments. (Grd. No. 8309, S 1, 10-29-73)
Sec. 16-28. Service of complaint or order.
Complaints or orders issued by the building inspector pur-
suant to this section shall be served upon persons either per-
sonally or by registered or certified mail, but if the where-
abouts of such persons is unknown and the same cannot be
ascertained by the building inspector in the exercise of reason-
able diligence, and the building inspector shall make an affi-
davit 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
newspaper 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 Saline
County, Kansas, and such filing of the complaint or order shall
have the force and effect as other lis pendens notices provided
by law. (Grd. No. 8309, S 1, 10-29-73)
Sec. 16-29. Emergency abatement.
Sec. 16-29(1). Whenever, in the judgment of the building
inspector an emregency exists which requires immediate ac-
tion to protect the public health, safety, or welfare, an order
may be issued, without notice, conference, or hearing, direct-
ing the owner, occupant, operator, or agent to take such action
as is appropriate to correct or abate the emergency. If circum-
stances warrant, the building inspector may act to correct or
abate the emergency.
Sec. 16-29(2). The owner, occupant, operator, or agent shall
be granted a conference on the matter upon his request, as
Supp. No. 17
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HOUSING
~ 16-31
soon as practicable but such conference shall in no case stay
the abatement or correction of such emergency. (Ord. No.
8309, S 1, 10-29-73)
DIVISION 2. ApPEALS
Sec. 16-30. Housing advisory and appeals board.
In order to provide for final interpretation of the provisions
of this code and to hear appeals provided for hereunder, there
is hereby established a housing advisory and appeals board,
consisting of five (5) members none of whom shall be em-
ployees of the city. The board shall be appointed by the mayor
with the approval of the city commissioners. The board may
adopt reasonable rules and regulations for conducting its
business and shall render all decisions and findings in writing
to the appellant with a copy to the building inspector. Appeals
to the board shall be processed in accordance with the pro-
visions contained in section 16-31 et seq. of this code. Copies
of all rules or regulations adopted by the board shall be de-
livered to the building inspector who shall make them freely
accessible to the public.
The board shall have the power to hear and decide appeals
where it is alleged that there is error in any order, require-
ment, decision or determination made by the building inspector
in the enforcement of the code. The board may also when it
deems the same appropriate, grant variances, waivers or ex-
ceptions to any portion, standard or requirement of this
code providing that such variance, waiver or exception is not
contrary to the purpose of this code as stated in section 16-3.
(Ord. No. 8309, S 1, 10-29-73)
Sec. 16-31. Procedure.
Sec. 16-31(1). Right of appeal. Any person, officer of the
city or of any governmental agency or body aggrieved by any
decision, notice or order of the officer administering the pro-
visions of this chapter may appeal such decision to the housing
advisory and appeals board of the City of Salina.
Supp. No. 17
677
~ 16-31
SALINA CODE
~ 16-31
Sec. 16-31 (2). Form of appeal. Any person entitled to appeal
the decision, notice or order of the building inspector may
appeal the same by filing at the office of the building in-
spector within ten (10) days from the date of the service of
such decision, notice or order upon them, a written appeal con-
taining the following:
(a) A heading in the words: "Before the Housing Advisory
and Appeals Board of the City of Salina, Kansas."
(b) A caption reading: "Appeal of _____n___nn_________n____n___n__,"
giving the names of all appellants participating in the
appeal.
(c) A brief statement setting forth the legal interest of
each of the appellants in the building or the land in-
volved in the notice and order.
(d) A brief statement in ordinary and concise language of
that specific order or action protested, together with
any material facts claimed to support the contentions
of the appellant.
(e) A brief statement in ordinary and concise language of
the relief sought and the reasons why it is claimed the
protested order or action should be reversed, modified,
or otherwise set aside.
(f) The signature of all the parties named as appellants,
and their official mailing addresses.
(g) The verification of the appellants as to the truth of
the matters stated in the appeal.
Sec. 16-31 (3). 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
inspector. 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
Supp. No. 17
678
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HOUSING
~ 16-36
by causing a copy of such notice to be delivered to the ap-
pellant personally or sent to him by certified mail, postage
prepaid, return receipt requested, at his address shown on the
appeal. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-32. Reserved.
Sec. 16-33. Effect of failure to appeal.
Failure of any person to file an appeal in accordance with
the provisions of section 16-31 shall constitute a waiver of
his right to an administrative hearing and adjudication of the
notice and order, or to any portion thereof. (Ord. No. 8309, S
1, 10-2,9-73)
Sec. 16-34. Scope of hearing.
Only those matters or issues specifically raised by the ap-
pellant shall be considered in the hearing of the appeal. (Ord.
No. 8309, S 1, 10-29-73)
Sec. 16-35. Stay order.
Enforcement of any notice and order of the building in-
spector issued under this code shall be stayed during the
pendency of an appeal therefrom which is properly and timely
filed. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-36. Procedure for conduct of hearing appeals.
Sec. 16-36(1). Procedure for conduct of hearing appeals-
General.
(a) Record. A record of the entire proceedings shall be
made by tape recording or by any other means of per-
manent recording determined to be appropriate by the
board.
(b) 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 said transcript.
Supp. No. 17
679
~ 16-36
SALINA CODE
~ 16-36
(c) Continuances. The board may grant continuances for
good cause shown.
(d) Oaths, certification. In any proceedings under this
code, the board has the power to administer oaths and
affirmations and to certify to official acts.
(e) Reasonable dispatch. The board shall proceed with
reasonable dispatch to conclude any matter before it.
Due regard shall be shown for the convenience and
necessity of any parties or their representatives.
Sec. 16-36(2). Same-Form of notice of hearing. The no-
tice to appellant 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 Appeals Board at the
City Commission Room, City-County Building, 300
West Ash Street, Salina, Kansas, on the ___m__________________
day of _____________m______' 19 moo' at ___u____u__________ o'clock
__n' lVI., upon the notice and order served upon you. You
may be present at the hearing. You may be, but need
not b8, represented by counsel. You may present any
relevant evidence and will be given full opportunity to
cross-examine all witnesses testifying 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."
Sec. 16-36(3). Same-Subpoenas.
(a) Filing of affidavit. The board may obtain issuance and
service of a subpoena for the attendance 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 service of such
subpoena shall be obtained upon the filing of an affi-
davit therefor which states the names and addresses of
the proposed witnesses; specifies the exact things
sought to be produced and the materiality thereof in de-
Supp. No. 17
680
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~ 16-36
HOUSING
~ 16-36
tail to the issues involved; and states that the witness
has the desired things in his possession or under his
control. A subpoena need not be issued when affidavit is
defective in any particular.
(b) 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 re-
quired by any subpoena served upon such person as
provided for herein, shall be guilty of a misdemeanor.
Sec. 16-36(4). Same-Conduct of hearing.
(a) Rules. Hearings need not be conducted according to
the technical rules relating to evidence and witnesses.
e
(b) Oral evidence. Oral evidence shall be taken only on
oath or affirmation.
(c) Hearing evidence. Hearsay evidence may be used only
if it would be admissible over objection in civil actions
in courts of competent jurisdiction in this state.
(d) Admissibility of evidence. Any relevant evidence shall
be admitted if it is the type of evidence on which re-
sponsible persons are accustomed to rely in the con-
duct of serious affairs, regardless of the existence of
any statutory rule or common law which might make
improper the admission of such evidence over object-
tion in civil actions in courts of competent jurisdiction
in this state.
(e) Exclusion of evidence. Irrelevant and unduly repetitious
evidence shall be excluded.
(f) Rights of parties. Each party shall have these rights,
among others:
(1) To call and examine witnesses on any matter
relevant to the issues of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross examine opposing witnesses on any mat-
ter relevant to the issues of the hearing;
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Supp. No. 17
681
~ 16-36
SALINA CODE
1\ 16-36
(4) To impeach any witness regardless of which party
first called him to testify;
(5) To rebut evidence against him;
(6) To represent himself or to be represented by coun-
sel.
(g) Official notice.
(1) What may be noticed. In reaching a decision, of-
ficial notice may be taken, either before or after
submission of the case for decision of any fact
which may be judicially noticed by the courts of
this state or of official records of the board or
departments and ordinances of the city or rules
and regulations of the board.
(2) Parties to be notified. Parties present at the hear-
ing shall be informed of the matters noticed, and
these matters shall be noted in the record re-
ferred to therein, or appended thereto.
(3) Opportunity to refute. Parties present at the hear-
ing shall be given a reasonable opportunity, on
request, to refute the officially noticed matters by
evidence or by written or oral presentation of au-
thority, the manner of refutation to be determined
by the board.
(4) Inspection of premises. The board may inspect
any building or premises involved in the appeal
during the course of the hearing, provided that
(a) notice of such inspection shall be given to the
parties before the inspection is made, (b) the
parties are given an opportunity to be present
during the inspection; and (c) the board shall
state for the record upon completion of the in-
spection 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.
Supp. No. 17
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~ 16-36
HOUSING
~ 16-54
Section 16-36(5). Same-Method and form of decision.
(a) 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.
(b) Form of decision. The decision of the board shall be in
writing and shall contain findings of facts, a deter-
mination of the issues presented, and the requirements
to be complied with by the parties. A copy of the de-
cision shall be delivered to appellant personally, or
sent to him by certified mail, postage prepaid, return
receipt requested.
(c) Effective date of decision. The effective date of the
decision shall be the date stated therein. (Ord. No.
8309, S 1, 10-29-73)
Sec. 16-37. Appeals from decision of board.
Any person, officer of the city or of any governmental
agency or body aggrieved by the decision of the housing ad-
visory and appeals board may appeal such decision by filing
an action in the district court of Saline County, Kansas, to de-
termine 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. (Ord. No. 8309, S 1, 10-29-73)
Sees. 16-38-16-53. Reserved.
Article III. Use and Occupancy Regulations
Sec. 16-54. Scope, applicability.
No person shall occupy as owner-occupant or let to another
for occupancy any dwelling or dwelling unit, for the purpose
of living, sleeping, cooking, or eating therein, which does not
comply with the following requirements. The following re-
quirements are hereby declared essential to the health and
safety of the occupants of such dwelling or dwelling unit.
(Ord. No. 8309, S 1, 10-29-73)
Supp. No. 17
683
~ 16-55
SALINA CODE
~ 16-57
Sec. 16-55. Basement or cellar.
The basement or cellar of any dwelling shall be reasonably
dry and ventilated and shall be kept free from rubbish ac-
cumulation. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-56. Heating.
Every dwelling and every dwelling unit shall be so con-
structed, insulated, and maintained and be provided by the
owner or occupant with heating units so that it is capable of
reaching an air temperature of seventy degrees (700) Fahren-
heit 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 main-
tain it in good order and repair. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-57. Natural light and ventilation.
Sec. 16-57(1). 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 (1/10) of the floor area of such rooms with a minimum
of twelve (12) square feet.
All bathrooms, water closet compartments, laundry
rooms, and similar rooms shall be provided with natural venti-
lation by means of windows or skylights with an area of not
less than one-tenth (1/10) of the floor area of such rooms
with a minimum of three (3) square feet. Not less than one-
half (l/2) of the required window or skylight area shall be
openable to provide natural ventilation.
Section 16-57(2). Origin of light and ventilation. Required
windows shall open directly onto a street or public alley or
court located on the same lot as the building.
Exception: Required windows may open into a roofed
porch where the porch:
(1) Abuts a street, yard, or court; and
Supp. No. 17
684
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~ 16-57
HOUSING
~ 16-57
(2) Has a ceiling height of not less than seven (7)
feet; and
(3) Has the longer side at least sixty-five per cent
(65 %) open and unobstructed.
A required window in a sel'vice 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 ex-
tend through more than two (2) stories.
For the purpose of determining light and ventilation
requirements, any room may be considered as a portion of an
adjoining room when one-half (%) of the area of the com-
mon wall is open and unobstructed and provides an opening
of not less than one-tenth (1/10) of the floor area of the
interior room or twenty-five (25) square feet, whichever is
greater.
Sec. 16-57(3). Mechanical ventilation. In lieu of openable
windows for natural ventilation, a mechanical ventilation
system may be provided. Such system shall be capable of pro-
viding two (2) air changes per hour in all guest rooms, dor-
mitories, habitable rooms, and in public corridors. One-fifth
(l/5) of the air supply shall be taken from the outside. In
bathroom, water closet compartments, laundry rooms, and
similar rooms a mechanical ventilation system connected
directly to the outside, capable of providing five (5) air
changes per hour, shall be provided.
Sec. 16-57(4-). Vent shaft. A required window in a service
room may open into a vent shaft which is open and unob-
structed to the sky and not less than four (4) feet in least
dimension. No vent shaft shall extend through more than
two (2) stories.
Sec. 16-57(5). Hallways. All public hallways, stairs, and
other exitways shall be adequately lighted at all times in ac-
cordance with Section 3312(a) of the Uniform Building Code.
Sec. 16-57(6). Sleeping areas. All rooms or areas used for
sleeping purposes shall be provided with a secondary means
Supp. No. 17
685
~ 16-57
SALINA CODE
~ 16-61
of exit. This may be provided by an additional door or window
leading to the exterior of the building. (Ord. No. 8309, ~ 1,
10-29-73 )
Sec. 16-58. Windows and doors.
Every window and exterior door shall be reasonably weath-
ertight, watertight, and rodent-proof and shall be kept in good
working condition and repair. (Ord. No. 8309, ~ 1, 10-29-73)
Sec. 16-59. Lighting.
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.
Every laundry room, furnace room, hall, porch, and corridor
shall have one ceiling or wall type electric light fixture.
Sec. 16-59(1). Wiring. 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 safe manner. (Ord. No. 8309, 9 1,
10-29-73)
Sec. 16-60. 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 code; and
(3) Required minimull1 winq,ow area of every habitable
room is entirely above the grade of the ground adjoin-
ing such window area. (Ord. No. 8309, !i 1, 10-29-73)
Sec. 16-61. Floor area and ceiling heights.
Sec. 16-61 (1). Ceiling heights. Habitable rooms, storage
rooms and laundry rooms shall have a ceiling height of not
less than seven (7) feet, six (6) inches. Hallways, corridors,
Supp. No. 17
686
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~ 16-61
HOUSING
~ 16-61
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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.
Sec. 16-61 (2). 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) persons. Where more than two (2)
persons occupy a room used for sleeping purposes the re-
quired superficial floor area shall be increased at the rate of
fifty (50) square feet for each occupant in excess of two.
Exception: Nothing in this section shall prohibit the
use of an efficiency living unit meeting the following
requirements:
(1)
(2)
(3)
The unit shall have a living room of not less than
two hundred twenty (220) square feet of super-
ficial floor area. An additional one hundred (100)
square feet of superficial floor area shall be pro-
vided for each occupant of such unit in excess of
two (2).
The unit shall be provided with a separate closet.
The unit shall be provided with a kitchen sink,
cooking appliance and refrigeration facilities each
having a clear working space of not less than
thirty (30) inches in front. Light and ventilation
conforming to this code shall be provided.
The unit shall be provided with a separate bath-
room containing a water closet, lavatory, and
bathtub or shower.
Whenever one of the occupants of a sleeping room
is less than seven (7) years old, the allowed occu-
pancy may be increased by one, by special permis-
sion of the board.
(4)
(5)
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Supp. No. 17
687
~ 16-61
SALINA CODE
~ 16-65
Sec. 16-61 (8). 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 on the water closet not less than twenty-four
(24) inches. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-62. Bathing facilities.
Bathing facilities shall be provided in rooming and board-
inghouses in the form of a tub or shower for each eight (8)
occupants. Separate facilities, plainly marked, shall be pro..
vided for each sex. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-63. Toilet facilities.
A water closet shall be provided for each six (6) occupants
of a rooming or boardinghouse, and shall be separated with
separate access from bathing 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. (Ord. No. 8309,
S 1, 10-29-73)
Sec. 16-64. Kitchen sink.
In every dwelling unit there shall be at least one kitchen
sink with public water under pressure and connected to the
public sewer, or if that sewer system is not available, to a
sewage disposal system approved by the joint city-county
health department. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-65. Water heating facilities.
Every dwelling shall have water heating facilities which are
properly installed and maintained in a safe and good working
condition and are capable of heating water to such a tempera-
ture 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 Fahrenheit. (Ord. No. 8309, S 1, 10-29-73)
Supp. No. 17
688
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~. 16-66
HOUSING
~ 16-71
Sec. 16-66. Bathing facilities.
Every dwelling unit shall contain within a room which
affords privacy to a person in said room, a bathtub or shower
in good working condition and properly connected to an ap-
proved water and sewer system. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-67. Toilet facilities.
There shall be at least one flush water closet in good work-
ing condition for each dwelling unit, which flush water closet
shall be located within the dwelling unit and in a room which
affords privacy. (Ord. No. 8309, S 1, 10-29-73)
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Sec. 16-68. Lavatory facilities.
Every dwelling unit shall contain within its walls a lava-
tory 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. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-69. Reserved.
Sec. 16-70. Maintenance of plumbing.
All plumbing, water closets and other plumbing fixtures in
every dwelling or dwelling unit shall be maintained in good
working order. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-71. 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 facili-
ties 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 ease-
ment adjacent to the property of the dwelling. (Ord. No. 8309,
S 1, 10-29-73)
Supp.N 0.17
689
~ 16-72
SALINA CODE
~ 16-76
Sec. 16-72. Lighting of toilets and bathrooms.
Every toilet and every bathroom in every dwelling shall
have at least one electric light in either the ceiling or on the
wall. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-73. Garbage and trash receptacles.
Every dwelling and every dwelling unit shall be provided
with such receptacles as may be necessary to contain all gar-
bage and trash and such receptacles shall at all times be
maintained in good repair, and shall comply with the stand-
ards set forth in Chapter 31 of this Code of Ordinances. (Ord.
No. 8309, S 1, 10-2,9-73)
Sec. 16-74. Means of access.
There shall be, for each dwelling unit, a separate access
either to a hallway, stairway, or street, which is safe and in
good repair. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-75. Drainage.
All courts, yards or other areas on the premises of any
dwelling shall be so graded and drained that there is no pool-
ing of the water thereon. Properly constructed wading and
swimming pools and fish ponds are excepted from this sec-
tion. (Ord. No. 8309, S 1, 10-29-73)
Sec. 16-76. Attached garages and nondwelling areas.
All nondwelling occupants shall be separated from the dwell-
ing 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. (Ord. No. 8309, S 1, 10-29-73)
[The next page is 695]
Supp. No. 17
690
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Chapter 16%
RESERVED*
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*Editor's note--Ord. No. 8488, @ 2, enacted May 24, 1976, repealed
former Ch. 16lh, relative to discrimination. Said chapter was derived
from Ord. No. 8317, adopted Nov. 12, 1973; Ord. No. 8358, adopted July
15, 1974; and Ord. No. 8364, adopted Aug. 26, 1974.
[The next page is 727]
Supp. No. 21
695
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Chapter 17
INDUSTRIAL DEVELOPMENT
Sec. 17-1. Authority created.
There is hereby created the Greater Salina Development
Authority of the City of Salina, Kansas, for the purpose of
promoting industrial development within or near the environs
of the city. (Code 1960, S 14-101; Ord. No. 6687, S 1, 1-29-63)
Sec. 17-2. Membership of authority.
The development authority shall be composed of five (5)
members who shall consist of the mayor, city manager, and
city attorney, and the chairman of the economic development
committee and the director of economic development of the
Salina, Kansas, chamber of commerce. (Code 1960, S 14-101;
Ord. No. 6687, S 1, 1-29-63)
Sec. 17-3. Vacancies on authority.
Any vacancies in any of the offices serving on the develop-
ment authority shall automatically create an immediate va-
cancy in the authority, and said vacancy shall remain until
the office vacated is filled. (Code 1960, S 14-101; Ord. No.
6687, S 1, 1-29-63)
Sec. 17-4. Compensation of authority.
Members of the development authority shall serve without
compensation. (Code 1960, S 14-101; Ord. No. 6687, S 1, 1-
29-63 )
Sec. 17-5. Organization, officers of authority.
The development authority shall organize annually by se-
lecting a chairman, executive vice chairman, and secretary
from its membership. (Code 1960, S 14-102; Ord. No. 6687,
S 2, 1-29-63)
Sec. 17-6. Meetings of authority; record of proceedings.
The development authority shall meet as often as neces-
sary and shall cause a proper record to be kept of its proceed-
ings. (Code 1960, S 14-102; Ord. No. 6687, S 2, 1-29-63)
Supp. No.1
727
~ 17-7
SALINA CODE
~ 17-10
Sec. 17-7. Duties of authority.
It shall be the duty of the development authority to study,
investigate, assist, and promote industrial development with-
in or near the environs of the city and to recommend to the
governing body necessary expenditures to be made from the
industrial fund to accomplish this purpose. (Code 1960, S 14-
102; Ord. No. 6687, S 2, 1-29-63)
Sec. 17-8. Desirability of expenditures declared.
It is hereby found and determined to be advisable and neces-
sary and of a general benefit to the residents of the city, that
the money collected by virtue of the taxes authorized in K.R.S.
13-1441, and known as the industrial fund, be used for the
purpose of payment of expenses incurred in advertising, per-
sonal solicitation, and all other promotional activities de-
signed for the purpose of inducing industries to locate within
the city, or near its environs. (Ord. No. 6700, S 1, 4-9-63)
Sec. 17-9. Approval, payment of expenditures.
All proposed expenditures to be made from the industrial
fund shall be submitted by the development authority to the
city clerk on regular claim vouchers and approved by the
governing body of the city, prior to payment. (Ord. No. 6700,
S 2, 4-9-63)
Sec. 17-10. Schilling Subdivision; tax exemption; tax assess-
ment; certification and collection; lien; contrac-
tural provisions.
Sec. 17-10(1). Taxes imposed upon property in Schilling
Subdh,ision. All real and personal property within the Schill-
ing Subdivision are hereby exempted from any and all taxes
that may be levied by the City of Salina, Kansas, for a period
of fifteen (15) years from and after January 1, 1967; pro-
vided, however, that in lieu of the taxes exempted there is
hereby levied by the City of Salina, Kansas, against all real
and personal property (except that exempt under the laws of
the State of Kansas) within the Schilling Subdivision, the
following amounts:
Supp. No.1
728
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~ 17-10
INDUSTRIAL DEVELOPMENT
~ 17-10
(a) For the taxing years commencing on January 1, 1967,
,January 1, 1968, January 1, 1969, January 1, 1970, and
January 1, 1971, and in lieu of tax payment in an
amount equal to 12.75 mills on the assessed valuation
of all property.
(b) For the taxing years commencing on January 1, 1972,
January 1, 1973, and January 1, 1974, and in lieu of
tax payment in an amount equal to 15.00 mills on the
assessed valuation of all property.
(c) For the taxing years commencing on January 1, 1975,
January 1, 1976, January 1, 1977, January 1, 1979, and
January 1, 1979, and in lieu of tax payment in an amount
equal to the taxes which would otherwise be imposed
by the City of Salina in those taxing years for its
general operating fund if such property were not ex-
empt under this section.
Sec. 17-10(2). Certification and collection of paymnet in
lieu of taxes. The city clerk shall annually, prior to August
25th of each year, certify to the county clerk of Saline County,
Kansas, the amount of the payments in lieu of taxes due under
this section and said amount shall be levied against all prop-
erty (except that exempt by the laws of the State of Kansas)
located within the Schilling Subdivision and said payment in
lieu of taxes shall be collected by the county treasurer in the
same manner as other real and personal taxes.
Sec. 17-10(3). Lien on property. The payments in lieu of
taxes provided for in this section shall until paid constitute
a lien on all property upon which it is imposed and shall have
the same priority and may be enforced in the same manner
as taxes levied by any political subdivision in the State of
Kansas all as provided by the laws of the State of Kansas.
Sec. 17-10 (4). Contractual provisions. This section is passed
as an inducement to industry to maintain its present facilities
at the Schilling Subdivision as well as to expand those facil-
ities, and to induce new industral enterprises and any person
or company who accepts the benefits of this section and here-
after installs new industrial facilities within the Schilling
Supp. No.1
729
~ 17-10
SALINA CODE
~ 17-10
Subdivision shall enjoy the benefits of this section on a
contractual basis for fifteen (15) years from August 5, 1966.
(Ord. No. 6929, SS 2-5, 8-1-66)
Editor's note-Section 17-10 is derived from Ord. No. 6929, ~~ 2-5,
adopted Aug. 1, 1966. This ordinance, nonamendatory of this Code,
was codified in the discretion of the editors due to the general
and permanent nature of its provisions. Section 1, which stated the
purpose of the ordinance, ~ 6, which provided the termination date,
~ 7, relating to the validity of the ordinance and ~ 8, stating the
effective date were omitted.
Supp. No.1
[The next page is 753]
730
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Chapter 18
JUNK AND JUNK DEALERS
Sec. 18-1. "Junk" defined.
Junk is hereby defined to be old iron, lead, brass, steel,
copper or other metals, wires, cables, rags or bagging, rope,
rubber, bones, paper, bottles and other and similar old mate-
rials and old machinery and old automobiles or parts thereof.
(Code 1960, ~ 16-501)
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Sec. 18-2. License 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 and having paid a license fee therefor as hereinafter pro-
vided. (Code 1960, ~ 16-502)
Cross reference-For licenses generally, see Ch. 20.
Sec. 18-3. Application for license required.
Any person desiring a license under thi~ chapter 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 lo~ation at which such
junk is to be kept or stored. (Code 1960, ~ 16-503)
Sec. 18-4. Submission, approval of application.
An application for a license under this chapter shall be
submitted to the board of commissioners and if the board of
commissioners approves such application and location, it may
order the issuance of a license upon payment of license fee as
herein required. (Code 1960, ~ 16-503)
Sec. 18-5. Classification of licensees.
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Persons required to be licensed hereunder shall be classified
and defined as follows:
753
~ 18-5
SALINA CODE
~ 18-5
Sec. 18-5(1). Junk dealers. Any person or persons who en-
gage in the city in buying, collecting, trading in, ex-
changing or otherwise dealing in junk as herein de-
fined, and shipping, selling or otherwise disposing of
the same in truckload or carload lots, and who conduct
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 dealer" or as an "automobile
junk parts dealer" as hereinafter defined.
Sec. 18-5(2). Junk buyers. Any person ')r persons who en-
gage in the City of Salina in buying, collecting, trading
in, exchanging or otherwise dealing in junk as herein
defined, and shipping, selling or otherwise 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 conducted: Provided, that the term "junk
buyer" as herein used shall not include any person
classified as an "automobile junk dealer" or as an
"automobile junk parts dealer" as hereinafter defined.
Sec. 18-5(3). Junk collector. Any person or persons who
engage in the city in buying, collecting, trading in,
exchanging or otherwise dealing in junk as herein <ie-
fined, 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 otherwise 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 "automo-
bile junk dealer" or as an "automobile junk parts deal-
er" as herein defined.
Sec. 18-5 (J,.). Paper junk dealers. Any person or persons
who engage in the city in buying, selling or collecting
old paper, cardboard or pasteboard boxes, rags,bag-
ging or other similar materials, 01' bailing the same
at any place in the city.
Sec. 18-5(5). Automobile junk dealers. Any person or per-
sons who engage in the city in the business of buying,
selling, storing, exchanging, trading or otherwise deal-
754
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~ 18-5
JUNK AND JUNK DEALERS
~. 18-6
ing in old automobiles or parts thereof for the purpose
of wrecking, dismantling or junking such old automo-
biles 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 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
automobiles or parts thereof are wrecked, dismantled,
junked, kept or stored: Provided, that this section shall
not apply to regular dealers in new or secondhand
automobiles, who may as an incinp.nt to their regular
business engage in selling or dealing in old' automobiles.
Sec. 18-5(6). Automobile junk parts dealers. Any person or
persons who engage in the city in the business of buy-
ing, selling, storing, exchanging, trading 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 automobiles
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 there-
of within the city, but who engage in the business of
selling parts from such wrecked, rlismantled or junked
automobiles at or from any store. yard or other place
in the city. (Code 1960, ~ 16-504)
Sec. 18-6. License fees established.
The fees for licenses required by this chapter shall be as
follows:
Sec. 18-6(1). For junk dealers, two hundred dollars
(200.00) per year;
Sec. 18-6(2). For junk buyers, thirty-three dollars ($33.00)
per year;
Sec. 18-6(3). For junk collectors, five dollars ($5.00) per
year;
Sec. 18-6 (4). For paper junk dealers, thirteen dollars
($13.00) per year;
Supp. No. 19
755
* 18-6
SALINA CODE
~ 18-10
Sec. 18-6(5). For automobile junk dealers, two hundred
dollars ($200.00) per year;
Sec. 18-6(6). For cutomobile junk parts dealers, sixty-six
dollars ($66.00) per year. (Code 1960, ~ 16-505; Ord.
No. 8392, ~ 1,11-25-74)
Sec. 18-7. Scope of licenses.
Any person who shall pay any license fee as herein provided
for, shall, without paying any additional license, be entitled
to engage in any other business as provided for in this chapter
for which the same or a lesser fee is nrovided for herein.
(Code 1960, ~ 16-505)
Sec. 18-8. Payment of fees; prorating; license expiration.
All license fees shall be payable in advance and all licenses
issued hereunder shall expire on the last day of December next
after the same are issued, and no licenses shall be issued for
less than a whole year or for the remaining portion of the
year after such -license is issued: Provided, that any license
issued prior to July first in any year shall require the payment
of a license fee for a full year, and any license issued after
July first in any year shall require the payment of one-half
(l!2) of the annual license fee herein provided for, for the
remaining portion of such year. (Code 1960, ~ 16-505)
Sec. 18-9. 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 1960, ~ 16-506)
Sec. 18-10. Additional licenses for separate places of busi-
ness.
No junk dealer, junk buyer, automobile junk dealer or au-
tomobile junk parts dealer shall operate 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
Supp. No. 19
756
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~ 18-10
JUNK AND JUNK DEALERS
~ 18-13
such dealer for the operation of a separate store, or place of
business where individual parts taken from any junk automo-
bile are sold as parts and not as junk. (Corle 1960, S 16-507)
Sec. 18-11. Suspension, revocation of licenses.
Any license issued hereunder may be revoked by the board
of commissioners upon conviction of the licensee or any agent,
employee or officer of any licensee of the violation of any
provisions of this chapter, or of any ordinance or law relating
to the purchase or possession of stolen property, and may be
suspended pending the hearing of any such charge prior to
conviction. (Code 1960, S 16-509)
Sec. 18-12. Storing junk at unlicensed location.
It shall be unlawful to store junk at any location in the city
other than one licensed as provided in this chapter. (Code
1960, S 16-503)
Sec. 18-13. 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 sanitary officer of the city and no junk dealer, junk
buyer, automobIle junk dealer or automobile junk 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 landscaped by nondeciduous
plantings of shrubs and/or trees for the purpose of enclosing
and beautifying such place or yard and to prevent access there-
to 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 dis-
trict defined by the zoning ordinance of the city as a com-
mercial or residential district, no junk shall be kept or stored
757
~ 18-13
SALINA CODE
~ 18-14
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 1960, ~ 16-508; Ord. No. 6873, ~ 1, 8-16-65)
Sec. 18-14. 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 articles 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 r:md date and hour of
purchase and shall furnish a true and correct copy of such
list, signed by such purchaser, with the chief of police of the
city, before noon of each day covering the articles purchased
during 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 defacsd or erased, such fact shall be shown
on such report and it shall be unlawful for any person pur-
cha'Sing any such article 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 1960, ~ 16-510)
758
[The next page is 783]
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Chapter 19
LIBRARY
Art. I. In General, !H~ 19-1-19-30
Art. II. Offenses, ~~ 19-31-19-33
Article I. In General
Sec. 19-1. Composition of board.
The library board shall consist of ~E'ven (7) appointed
members and the mayor as an ex officio member. ( Code
1960, S 15-101)
State law reference-For similar provisions, see K.S.A. 12-1222.
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Sec. 19-2. Appointment of board.
The mayor shall, as terms expire or vacancies occur, ap-
point, with the approval of the board of commissioners,
members of the library board. (Code ]960, S 15-101)
Sec. 19-3. Terms of board members.
Regular terms of members of the libr.1.ry board shall be
for four (4) years. ending April thirtieth. (Code 1960, ~
15-101)
State law reference~For similar provisions, see K.S.A. 12-1222.
Sec. 19-4. Powers of mayor as ex officio member of board.
The mayor, as an ex officio member of the library board,
shall have the same powers as appointed' members. (Code
1960, S 15-101)
State law reference-For similar provisions, see K.S.A. 12-1222.
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Sec. 19-5. 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 1960, S 15-101)
State law reference-For similar provisions, see K.S.A. 12-1222.
783
~ 19-6
SALINA CODE
~ 19-11
Sec. 19-6. Residence of board members.
All members appointed to the library board shall be resi-
dents of the city. (Code 1960, S 15-101)
State law reference-For similar provisions, see K.S.A. 12-1222.
Sec. 19-7. Filling vacancies on board.
Vacancies on the library board occasioned by removal from
the city, resignation or otherwise, shall be filled by appoint-
ment for the unexpired term. (Code 1960, S 15-101)
State law reference-For similar provisions, see K.S.A. 12-1222.
Sec. 19-8. 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 1960, S 15-101)
State law reference-For similar provisions, see K.S.A. 12-1222.
Sec. 19-9. Compensation of board.
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 duties as members. (Code 1960, S 15-101)
State law reference-For similar provisions, see K.S.A. 12-1222.
Sec. 19-10. Corporate status, title, powers of board.
The library board shall constitute a body corporate and
politic, possessing 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 namC' may contract, sue
and be sued and acquire, hold and convey real and personal
property in accordance with law. (Code 1960, S 15-102)
State law reference-For similar provisions, see K.S.A. 12-1223.
Sec. 19-11. Approval of board dealings in real property re-
quired.
The acquisition or disposition of real property shall be
subject to the approval of the governing body of the city.
(Code 1960, S 15-102)
State law reference-For similar provisions, see K.S.A. 12-1223.
784
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~ 19-12
LIBRARY
~ 19-15
Sec. 19-12. Organization, officers of board.
The members of the library board shall annually organize
by the election of a chairman, a secretary and a treasurer and
such other officers as they may deem necessary. (Code 1960,
S 15-103)
State law reference-For similar provisions, see K.S.A. 12-1224.
Sec. 19-13. 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 cal1ed by the chairman
or upon written request of a majority of the members. (Code
1960, S 15-103)
State law reference-For similar provisions, see K.S.A. 12-1224.
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Sec. 19-14. Notice of special board meetings.
Written notice, stating the time and place of any special
meeting of the library board and 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 busi-
ness other than that stated in the notice shall be transacted
at such meeting. (Code 1960, S 15-103)
State law reference-For similar provisions, see K.S.A. 12-1224.
.
Sec. 19-15. Powers, duties of board.
The library board shall have the following powers and
duties:
Sec. 19-15(1). To make and adopt rules and regulations for
the administration of the library;
Sec. 19-15(2). With the approval of the board of commis-
sioners to purchase or lease a site or sites and to lease
or erect a building or buildings for the use of the
library;
Sec. 19-15 (3). To acquire by purchase, gift or exchange,
books, magazines, papers, printed materials, slides,
pictures, films, projection equipment, phonograph rec-
ords and other material and equipment deemed neces-
sary by the board for the maintenance :md extension
of modern library service;
785
~ 19-15
SALINA CODE
~ 19-15
Sec. 19-15(4). To employ a librarian and such other em-
ployees as the board 'Shall deem necessary and to remove
them and to fix their compensation;
Sec. 19-15 (5). To establish and maintain a library or
libraries and traveling library service within the city
or within any other municipality with which service
contract arrangements have been made;
Sec. 19-15(6). To contract with other libraries established
under the provisions of K.R.S. 12-1278 to 12-1235 in-
clusive, or with the governing body of a municipality
not maintaining a public library for the furnishing
of library service to the inhabitants of such municipal-
ity 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;
Sec. 19-15(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 providing library service;
Sec. 19-15(8). To receive and accept any gift or donation
to the library and administer the 'Same in accordance
with any provisions thereof;
Sec. 19-15(9). To make annual reports to the state librarian
and the board of commissioners of the city on or before
January thirty-first of each year for the preceding
calendar year, showing receipts and disbursements
from all funds under its control, and showing 'sucn
statistical information relating to library materials
acquired and on hand, number of library users, library
services available, and other information of general
interest as the board of commissioners may require;
Sec. 19-15(10). As to money received from sources other
than a tax levy for library purposes, in its discretion,
to place such money in a separate 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 1960, ~ 15-104)
State law reference-For similar provisions, see K.S.A. 12-1225.
786
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~ 19-16
LIBRARY
~ 19-19
Sec. 19-16. Bond of treasurer.
The treasurer of the library board shall give bond, in an
amount fixed by said board and approved by the board of
commissioners of the city, for the safekeeping and due dis-
bursement of all funds that may come into his hands as such
treasurer. Said bond shall be filed with the city clerk. (Code
1960, S 15-1015)
State law reference-For similar provisions, see K.S.A. 12-1226.
Sec. 19-17. Duties of treasurer.
The treasurer of Saline County shall pay over to the treas-
urer of the library board all funds collected for the mainte-
nance of the library, and the treasurer of the library board
shall payout said 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 disbursed by
him and make a report thereof to the library board monthly,
or as often as said board shall require. (Code 1960, S 15-105)
State law reference-For similar provisions, see K.S.A. 12-1226.
Sec. 19-18. Use of library.
The library shall be free to the use of the inhabitants of
the city, subject always to such reasonable rules and regula-
tions as the library board may adopt, and said board may
exclude from the use of said 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 said board may
from time to time by regulations prescribe. (Code 1960, S
15-106)
State law reference-For similar provisions, see K.S.A. 12-1227.
Sec. 19-19. Budgets and tax levies.
In addition to the powers and duties conferred by law, the
board of directors of the free public library shall prepare,
publish and approve an annual budget for the maintenance
and support of said free public library in the same manner
as required by law applying to other taxing units and shall
787
~ 19-19
SALINA CODE
~ 19-32
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, to be levied and collected in like
manner with other taxes, which levy the clerk of 'Such board
of directors shall on or before August twenty-fifth of each
year, certify to the county clerk who is hereby authorized and
required to place the same on the tax roll of said county to be
collected by the treasurer of the county and paid over by
him to the treasurer of such board of directors. (Code 1960,
~ 15-108)
State law reference-For similar provisions, see K.S.A. 12-1215.
Sec. 19-20. Penalties authorized.
The board of commissioners of the city shall have power to
pass laws or ordinances imposing suitable penalties for the
punishment of injury committed to library buildings or other
property and for injury to or failure to return any book or
other library material belonging to such library. (Code 1960,
~ 15-107)
State law reference-For similar provisions, see K.S.A. 12-1228.
Sees. 19-21-19-30. Reserved.
Article II. Offenses
Sec. 19-31. Stealing, taking books, property.
It shall be unlawful for any person to Rteal, take and carry
away from the public library any book, pamphlet, periodical,
paper or other property or take from the free public library
of the city any such book, pamphlet. periodical, paper or
other property in any manner except in accordance with the
rules made by the board of directors of such library. (Code
1960, ~ 15-201)
Sec. 19-32. 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,
periodi,cal, paper or other property, and neglect to return
788
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~ 19-32
LIBRARY
~ 19-33
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 1960, S 15-202)
Sec. 19-33. 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 a.ny of the furniture
or property in the rooms of the library. (Code 1960, S 15-203)
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[The next page is 815]
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Chapter 20
LICENSES*
Art. I. In General, ~~ 20-1-20-35
Art. II. Fees Established, ~~ 20-36-20-74
Art. III. Going Out of Business License, ~~ 20-75-20-79
ARTICLE I. IN GENERAL
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Sec. 20-1. License and compliance required.
It shall be unlawful for any person, either as principal,
officer, agent, servant or employee:
Sec. 20-1(1). To conduct, pursue, carry on and operate in
the city any of the trades, occupations, businesses or
professions specified in the Salina Code without having
first paid to the city clerk a license fee as hereinafter
prescribed, and having procured a license from the
city clerk signed by the city clerk to engage in and
carryon such trade, occupation, business or profession.
Sec. 20-1(2). To fail to comply with all the regulations as
provided herein. (Code 1960, ~ 16-201; Ord. No. 8373,
~ 1, 11-25-74)
Sec. 20-2. Application required.
Any person engaging in any of the trades, occupations,
businesses or professions upon which license fees are levied
.Cross references-For licensing of loudspeakers and sound trucks,
see ~ 3-5 et seq.; for alcoholic beverage licenses, see Ch. 6; for carni-
vals, circuses and tent shows, see ~ 7-18 et seq.; for public dances, see
~ 7-36 et. seq.; for billiards, pool and shuffleboard, see ~ 7-68 et seq.;
license for entertainment in food establishments, ~ 7-91 et seq.; licensing
of arcades, ~ 7-108 et seq.; licensing of music machines, ~ 7-126 et seq.;
license for sign businesses, ~ 9-68; for licensing of electrical contractors,
see ~ 9-130 et seq.; for licensing- of electrical mechanics, see !l 9-145 et
seq.; for licensing of plumbers, see ~ 9-217 et seq.; for licensing of gas
fitters. see ~ 9-276 et seq.; licensing of junk dealers, ~ 18-2 et seq.;
for licensing of mobile home courts, see ~ 21-21 et seq.; for driver's and
vehicle licenses, see ~ 22-27 et seq.; for licensing of merchant and
private policemen, see ~ 28-48 et seq.; for licensing of private refuse
haulers, see * 31-62 et seq.; licenses to do concrete work in streets and
othH grounds, ~ 32-208; for licensing of tree trimmers and treaters, see
S 33-21 et seq.; for licensing of vehicles for hire, see Ch. 34.
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I
Supp. No. 22
815
~ 20-2
SALINA CODE
~ 20-7
shall, except when otherwise provided, file an application
with the city clerk for a license to carryon such trade, occu-
pation, business or profession. Such application shall state the
following facts:
Sec. 20-2(1). The name and address of the applicant;
Sec. 20-2(2). The nature and location of the business.
(Code 1960, S 16-101)
Sec. 20-3. Fee to accompany application.
The application for a license shall be accompanied by the
necessary fee. (Code 1960, S 16-101)
Sec. 20-4. Clerk to receive and pay over fees.
License fees levied by this chapter and other provlSlons
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. (Code 1960, ~ 16-102)
Sec. 20-5. Deposit of fees.
All license fees shall be credited to the general fund except
when another fund is specifically designated by ordinance.
(Code 1960, S 16-102)
Sec. 20-6. Issuance of licenses.
The city clerk shall issue all licenses, except when otherwise
provided, and sign the same and impress the city seal thereon.
(Code 1960, S 16-103)
Sec. 20-7. Contents of licenses.
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 1960, S 16-103)
Supp. No. 22
816
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~ 20-8
LICENSES
~ 20-8
Sec. 20-8. When fees due.
Sec. 20-8(1). Annual. All license fees levied on an annual
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.
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Supp. No. 22
816.1
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~ 20-8
LICENSES
~ 20-11
Sec. 20-8(2). Biannual. All license fees levied on a six (6)
month basis 'Shall be paid on or before January second and
July first of each year. '
Sec. 20-8(3). Monthly. All license fees levied on a monthly
basis shall be paid on the first day of each calendar month.
Sec. 20-8(4). Weekly. All license fees levied on a weekly
basis shall be payable on Monday, the first busines'S day of
each week. (Code 1960, ~ 16-104)
Sec. 20-9. Beginning business between paying dates.
Any person entering into a trade, occupation, business or
profession for which a license is required between license
paying dates, shall immediately apply, pay for and obtain
a license on the same basis as though such person were en-
gaged in business on such license paying date; provided how-
ever, 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 1st and the license fee estab-
lished by the City Code is in excess of thirty-five dollars
($35.00), then the applicant shall be required to pay only
one-half (1/2) of the fee established by the Salina Code. (Code
1960, ~ 16-105; Ord. No. 8374, ~ 1, 11-25-74)
Sec. 20-10. Delinquency penalty.
When a licensee continues operating "lfter the license has
expired and a new license is not secured within thirty (30)
days, a penalty of ten per cent (10%) of the amount of the
license fee shall be added and paid anrl ten per cent (10%)
of the amount of the license fee shall be added and paid for
each additional thirty (30) days from the date of expiration
of the old license. (Code 1960, ~ 16-106)
Sec. 20-11. License to be posted, exhibited.
Each license shall be posted in a conspicuous place where
such 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
Supp. No. 19
817
~ 20-11
SALINA CODE
~ 20-17
any police officer of the city upon being requested by such
inspector, deputy or officer to do so. (Code 1960, ~ 16-107)
Sec. 20-12. Regulated businesses subject to inspection.
All trades, occupations, businesses and professions 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, businesses or pro-
fessions are complying with all of the police and health
regulations of the city. (Code 1960, ~ 16-108)
Sec. 20-13. 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 1960, S 16-109)
Sec. 20-14. Transferability.
No license issued hereunder shall be transferable or as-
signable. The licensed trade, occupa.tion, business or profession
shall not be transferred from place to place without the
consent of the board of commissioners. (Code 1960, S 16-110)
Sec. 20-15. Refunds prohibited.
No refund for the vJ1used period of a license shall be made.
(Code 1960, S 16-11~)
Sec. 20-16. Sepante license required for each place of busi-
nes!".
A separate license shall be obtained for each place con-
ducted, operated, maintained or carried on by each person
engag2d ir. any trade, occupation, business or profession for
which a license is required. (Code 1960, ~ 16-111)
Sec. 20-17. Forfeiture of license.
Where there are regulations by ordinance f!)r any trade,
occupation, business or profession, pur<:ued, carried on or
Supp. No. 19
818
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~ 20-17
LICENSES
~ 20-17
operated in the city, any failure by any person to observe
such regulations shall, without further action or proceedings
of any kind whatsoever, forfeit the license of the person fail-
ing to observe such regulations. (Code 1960, ~ 16-112)
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SuPP. No. 19
818.1
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~ 20-18
LICENSES
!l 20-20
Sec. 20-18. Interstate commerce not affected.
No provision of this chapter shall be construed in any way
to relate to or interfere with the subject of commerce between
states as provided by the Constitution of the United States,
and as defined 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 1960, ~ 16-113)
Sec. 20-19. Exemption for producers, growers.
No producer or grower or his agents or employees, selling
farm or garden products or fruits grown by him within the
State of Kansas, 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
claiming to be exempt under this section shall furnish satis-
factory proof of exemption if requested hy any police officer.
(Code 1960, ~ 16-114)
State law reference-For similar provisions, see K.S.A. 12-1617.
Sec. 20-20. 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 ser-
vice 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 said soldier or sailor is engaged in operating personally
a delivery and baggage wagon owned excbsively by himself.
Upon the presentation of his certificate and papers of dis-
charge to the city clerk, and showing pr'oof of his identity
819
~ 20-20
SALINA CODE
~ 20-24
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 said 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 al'So 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 1960,
~ 16-115)
State law reference-For similar provisions. see K.S.A. 73-207, 73-220.
Sec. 20-21. 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 otberwise provided for
in this Code or other ordinances of the city. (Code 1960,
~ 16-116)
Sec. 20-22. License not to authorize violation of law.
Nothing herein shall be construed as to permit any licensee
licensed under the provisions of this Code to violate any law
of the United States, the State of Kansas or :my provision
of this Code or ordinance of the city. (Code 1960, S 16-117)
Sec. 20-23. Compliance prerequisite to license.
Provisions of this Code and other ordinances regulating
any trade, occupation, business or profession 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 1960, ~ 16-118)
Sec. 20-24. Violations, penalties.
Any person who shall conduct, pursue or carryon, or oper-
ate within the limits of the city any trade, occupation, busi-
ness or profession for which a license or the payment of a
license fee is required by this chapter or shall assist, di-
rectly or indirectly, in so doing in any manner or any extent,
820
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~ 20-24
LICENSES
~ 20-37
either as owner or proprietor or as any officer of any cor-
poration, or as manager, superintendent, agent, servant or
employee of any person, firm or corporation, after a license
fee should have been paid or a license obtained to conduct,
pursue, carryon or operate such trade, occupation, business
or profession shall be guilty of a misdemeanor.
Any person, whether as principal or as agent, who shall
violate any other provision of this chapter than those imme-
diately above enumerated, shall be guilty of a misdemeanor.
(Code 1960, ~ 16-119)
Sec. 20-25. Recovery of fee by suit.
In addition to the criminal penalty, the city may recover
in civil action in any court of competent jurisdiction the
amount of the license fee imposed by this chapter, 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 constitution of this state.
(Code 1960, ~ 16-120)
Sees. 20-26-20-35. Reserved.
ARTICLE II. FEES ESTABLISHED
Sec. 20-36. Scope.
The license fees levied in this article shall be in the follow-
ing amounts upon each of the following trades, occupations,
businesses or professions, pursued, conducted or carried on
by any person, firm, partnership or corporation whether as
principal, agent, lessee, licensee, owner or in any other capa-
city within the city limits of the city. (Code 1960, ~ 16-202)
Sec. 20-37. Arcades.
See section 7-110.
Supp. No. 21
821
~ 20-38
SALINA CODE
~ 20-45
Sec. 20-38. Auctioneers.
Auctioneers, not including the proprietors or managers of
auction rooms, thirty-three dollars ($33.00) per year. (Code
1960, S 16-203; Ord. No. 8393, S 1, 11-25-74)
Sec. 20-39. Auction rooms or consignment auctions.
Operators of auction rooms or consignment auctions, one
hundred fifty dollars ($150.00) per year; or if the operator
does not have an annual license then the license fee shall be
twenty-five dollars ($25.00) per day. (Code 1960, S 16-204;
Ord. No. 8027, S 1, 6-2-69; Ord. No. 8393, S 1, 11-25-74; Ord.
No. 8482, S 1,4-19-76)
Sec. 20-40. Beer.
See section 6-35 et seq.
Sec. 20-41. Billboards.
See section 9-68 et seq.
Sec. 20-42. Bowling alleys.
Bowling alleys, thirteen dollars ($13.00) per alley for each
year or fraction thereof. (Code 1960, S 16-205; Ord. No. 6861,
S 1, 6-28-65; Ord. No. 8394, S 1, 11-25-74)
Sec. 20-43. Canvassers.
Itinerant or transient canvassers, or book, map or picture
agents or salesmen, thirteen dollars ($13.00) per week. (Code
1960, S 16-206; Ord. No. 8394, S 1, 11-25-74)
Sec. 20-44. Cereal malt beverages.
See section 6-35 et seq.
Sec. 20-45. Circuses, carnivals and tent shows.
See section 7-18 et seq.
Supp. No. 21
822
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~ 20-46
LICENSES
~ 20-48
Sec. 20-46. Dances, public.
See section 7-36 et seq.
Sec. 20-47. Electricians.
See sections 9-132, 9-152.
Sec. 20-48. FortunetelIers, clairvoyants, etc.
Any person occupied for any time as a fortunetelIer, clair-
voyant, mind reader, phrenologist, palmist, astrologist or
advertising as any of such, twenty-five dollars ($25.00) per
day. (Code 1960, ~ 16-207)
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Supp. No. 21
822.1
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~ 20-49
LICENSES
~ 20-57
Sec. 20-49. Gas fitters.
See section 9-276.
Sec. 20-50. Ice cream vendors.
Vendors selling ice cream or soft drinks from vehicles,
thirty-three dollars ($33.00) per year. (Code 1960, ~ 16-208;
Ord. No. 7028, ~ 1, 12-67; Ord. No. 8394, ~ 1,11-25-74)
Sec. 20-51. Junk dealers.
See Chapter 18.
Sec. 20-52. Loudspeakers.
See section 3-5 et seq.
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Sec. 20-53. Merry-go-rounds.
Merry-go-rounds, twenty-five dollars ($25.00) per year.
(Code 1960, ~ 16-209)
Sec. 20-54. Mobile home courts.
See Chapter 21.
Sec. 20-55. Museums.
Museums, for the exhibition of paintings, works of art, or
scientific, literary or other curiosities, for pay, two dollars
($2.00) per day, eight dollars ($8.00) per week. (Code 1960,
~ 16-210)
Sec. 20-56. Music machines.
See section 7-126 et seq.
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Sec. 20-57. Pawnbrokers.
The license fee for any person, firm or corporation engaged
in the business of a pawnbroker as defined by K.S.A. 16-706
within the corporate limits of the city shall be one hundred
dollars ($100.00) per year. (Ord. No. 8461, ~ 1, 12-8-75)
SuPp. No. 20 823
I 20-68
SALINA CODE
l 20-64
Sec. 20-58. PiDball, marble games, amusement devices.
For the operation of any pinball game, marble table game,
marble game, amusement device and similar games and de-
vices, whether operated in whole or in part by hand or by
sight or by photo-electric cell, thirty-three dollars ($33.00)
per year on each machine operated for any length of time each
year. (Code 1960, ~ 16-213; Ord. No. 6667, ~ I, 11-6-62; Ord.
No. 7028, ~ 1,12-4-67; Ord. No. 8394, ~ 1,11-25-74)
Sec. 20-59. photographers, itinerant.
Itinerant or transient photographers soliciting business or
.taking pictures and selling the same in the city, thirty-three
dollars ($33.00) per week. (Code 1960, ~ 16-214; Ord. No.
7028, ~ 1,12-4-67; Ord. No. 8394, 91,11-25-74)
Sec. 20-60. Plumbers.
See section 9-217 et seq.
See. 20-61. Pool 01" billiard table.
See section 7-68 et seq.
Sec. 20-62. Pool table, miniature.
See section 7-69.
Sec. 20-63. Shuffleboards.
. See section 7-69.
Sec. 20-64. Shooting gallery.
Shooting gallery, five dollars ($5.00) per day, thirty-three
dollars ($33.00) per month, or sixty-six dollars ($66.00) per
year. (Code 1960, ~ 16-217; Ord. No. 8394, ~ 1, 11-25-74)
Supp. No. 20
824
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f 20-65 LICENSES
I 20-70
Sec. 20.65. Skating rinks.
Skating rinks, sixty-six dollars ($66.00) per year; and no
license shall be issued for less than one year. (Code 1960, ~
16-216; Ord. No. 8394, ~ 1, 11-25-74)
Sec. 20-66. Street parades; street advertising.
Street parades and all persons walking or driving over the
streets of the city, advertising by means of printed banners,
signs or streamers or by ringing bells, loud caHing or an-
nouncements intended to attract the attention of people and
for the purpose of advertising any entertainment not other-
wise named in this article, five dollars ($5.00) for each
parade or advertising "stunt". (Code 1960, ~ 16-218; Ord. No.
8394, ~ 1, 11-25-74)
Sec. 20-67. Taxicabs.
See Chapter 34.
Sec. 20-68. Theaters, drive-in theaters and opera houses.
Theaters, drive-in theaters, or opera houses, one hundred
thirty-three dollars ($133.00) per year. (Code 1960, fi 11-211;
Ord. No. 7028, fi 1, 12-4-67; Ord. No. 8394, ~ 1, 11-25-74)
Sec. 20.69. Vehicle auctions at wholesale.
Person, firm or corporation, either as principal, officer,
agent, servant or employee engaged in the business of selling
at auction wholesale new or used automobiles or trucks, one
hundred thirty~three dollars ($133.00) per year. (Code 1960,
fi 16-219; Ord. No. 8394, fi 1, 11-25-74)
Sec. 20-70. Vehicles for hire.
See Chapter 34.
Supp. No. 22
825
~ 20-71
SALINA CODE
~ 20-77
Sees. 20-71-20-74. Reserved.
ARTICLE III. GOING OUT OF BUSINESS LICENSE
Sec. 20-75. License required; fees.
It shall be unlawful for any person, firm or corporation to
advertise or conduct or carry on in the city any sales of goods,
wares or merchandise that is represented as quitting business,
going out of business, complete liquidation or similar sale with-
out first having filed with the city clerk the inventory under
oath herein provided for, complying with the provisions of
this article and obtaining from the city clerk a license to do
so as a "closing out sale license". No goods, wares or mer-
chandise shall be included in the inventory which are not
actually in the place of business described in the application
for license at the time the application is made. All sales gov-
erned by the provisions of this article shall be conducted in
the place of business described in the application and license.
The fee for such license shall be two hundred dollars ($200.00)
for a period of not to exceed ninety (90) days. (Ord. No. 8539,
~ 1, 1-31-77)
Sec. 20-76. Application for license.
The inventory referred to in section 20-75 shall be made
part of the application for license hereunder, which application
shall be in writing. The application shall also state the place
and manner of conducting such a sale. The application shall be
signed by the person seeking to secure a license, or by the
proper officer of the corporation, if it is a corporation, and
the application shall be sworn to by the proper person signing
such application, which oath shall state the information given
therein is full, true, and known to the affiant to be so. (Ord.
No. 8539, ~ 1, 1-31-77)
Sec. 20-77. Time limitation.
Only one license required in section 20-75 shall be issued to
anyone person, firm or corporation within a twelve-month
Supp. No. 22
826
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~ 20-77
LICENSES
~ 20-79
period, and such license shall not be issued to anyone person
for a longer period of time than ninety (90) days. (Ord. No.
8539, ~ 1, 1-31-77)
Sec. 20-78. 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 regular stock of the store which is to be closed
out at such sale or to make any replenishments or additions
to such stock for the purpose of such sale during the time
thereof. No wares or merchandise shall be sold other than
those actually included in the inventory. (Ord. No. 8539, ~ 1,
1-31-77)
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Sec. 20-79. 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. (Ord. No. 8539, ~ 1, 1-31-77)
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Supp. No. 22
[The next page is 851]
827
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Chapter 21
MOBILE HOMES AND MOBILE HOME P ARKS*
Art. I. Definitions, llll 21-1-tl-11
Art. II. General Regulations Applicable to All Existing and Future
Mobile Homes and Mobile Home Owners, llll 21-12-21-29
Art. III. New Parks or Park Expansions, llll 21-30-21-42
Art. IV. Penalty Provision, II 21-43
ARTICLE I. DEFINITIONS
Sec. 21-1. Definitions.
Sec. 21-1 (1). Recreational Space (open space): Any area
or space designed for joint use of tenants occupying mobile
home parks.
Sec. 21-1(2). Easement: A vested or acquired right to use
land, other than as a tenant, for a specified purpose.
Sec. 21-1 (3). Mobile home: Any movable structure designed
for occupancy as a residence, office, business, etc., which was
not or cannot be determined to have been built in accordance
with the building code of the city. This definition excludes any
movable structure which was designed for recreational pur-
poses or not designed for permanent attachment to utilities.
Sec. 21-1 ( 4-) . Mobile home park or court: An ar':!a, 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 unoccupied mobile homes, whether new or used, are
located for the purposes of storage, inspection, or sale.
*Editor's note--Ord. No. 8485, ~~ 1, 2, enacted May 3, 1976, repealed
former Ch. 21, pertaining to mobile homef' and mobile home courts, and
enacted in lieu thereof a new Ch. 21 as herein set out. Former Ch. 21
was derived from Code 1960, ~.~ 8-901-8-908; Ord. No. 7023, adopted
Nov. 27, 1967; Ord. No. 8087, adopted June 15, 1970; Ord. No. 8338,
adopted March 4, 1974; and Ord. No. 8395, adopted Nov. 25, 1974.
Cross references-Building regulations generally, Ch. 9; mobile home
craftsmen, ~ 9-411 et scq.; fire protection and prevention, Ch. 12; hous-
ing, Ch. 16; planning, Ch. 27; refuse, Ch. 31; streets and sidewalks, Ch.
32; zoning, Ch. 36.
Supp. No. 22
851
~ 21-1
SALINA CODE
~ 21-12
Sec. 21-1 (5). Mobile home space (area unit): 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.
Sec. 21-1 (6). Mobile home stand: That part of an individ-
ual area which has been reserved for the replacement of the
mobile home, appurtenant structures or additions.
Sec. 21-1 (7). Re<!reational vehicle: A vehicular-type unit
primarily designed as temporary living quarters for recrea-
tional, 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, truck
camper, and motor home.
Sec. 21-1 (8). Roadway: A private street which affords a
principal means of public access to properties or structures;
same to be identified on the plan. (Ord. No. 8485, ~ 1, 5-3-76;
Ord. No. 8554, SS 1-3, 3-28-77)
Secs. 21-2-21-11. Reserved.
ARTICLE II. GENERAL REGULATIONS APPLICABLE
TO ALL EXISTING AND FUTURE MOBILE HOMES
AND MOBILE HOME OWNERS
Sec. 21-12. Location of mobile homes.
Sec. 21-112(1). It shall be unlawful for any person to
maintain, 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 ordinances of the City of Salina,
except [as provided below].
Sec. 21-12(2). It shall be permissible hereunder for a bona
fide guest of the householder to park a recreational 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 during
Supp. No. 22
852
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~ 21-12 MOBILE HOMES AND MOBILE HOME PARKS ~ 21-15
such fifteen-day period and it does not constitute a hazard or
a nuisance. (Ord. No. 8485, ~ 1,5-3-76)
Sec. 21-13. Placement of mobile homes.
Sec. 21-13(1). Except as herein provided mobile homes for
use as a residence shall be placed on mobile home stands
and tied down and blocked as designated by Kansas Statutes
Annotated. (K.S.A. 75-1226 through 75-1232).
Sec. 21-13(2). Mobile homes in parks existing prior to the
adoption of this chapter [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 building located
in the mobile home court.
Sec. 21-13(3). All mobile homes in new parks or park ex-
pansions shall be located so as to maintain a clearance of not
less than twenty (20) feet from another mobile home or
appurtenance thereto, except when placed end-to-end there
shall be a minimum separation 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. (Ord. No. 8485, ~ 1,5-3-76)
Sec. 21-14. Alteration of systems of mobile homes.
All alterations of internal mechanical systems (electric, gas
and plumbing) shall comply with the applicable sections of the
Salina Code. (Ord. No. 8485, ~ 1, 5-3-76)
Sec. 21-15. Environmental standards.
Sec. 21-15(1). Dt'ainage. Every park or portion thereof to
be constructed under the provisions of this chapter shall pro-
vide for the following in the manner herein specified:
(a) All land proposed for mobile home parks shall be pro-
tected against flooding.
(b) All such parks shall be drained and shall be located
in areas free from swamps or standing pools of water.
Supp. No. 21
853
~ 21-15
SALINA CODE
~ 21-17
(c) The ground surface in all parts of every park shall be
graded and equipped to drain all surface water.
Sec. 21-15(2). Nuisances. All parks shall be maintained
free of public nuisances. (Ord. No. 8485, S 1, 5-3-76)
Sec. 21-16. Storm protection.
Sec. 21-16(1). Storm shelters. In each new park or in park
expansions of ten (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 lo-
cation 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 buildings codes of the
City of Salina. (Ord. No. 8485, S 1,5-3-76)
Sec. 21-17. Responsibilities.
The mobile home park owner shall be responsible for the
acts of any of his agents, servants, employees, or representa-
tives.
Sec. 21-17(1). Responsibilities of the mobile home park
owner. It shall be the responsibility of the mobile home
park owner to:
(a) See that each unit is properly located and secured
in conformance with this chapter.
(b) See that initial connections of each mobile home to
gas, liquified petroleum, electricity, water and sew-
erage systems are performed by a licensed crafts-
man, i.e., electrician, plumber, gas fitter, or mobile
home craftsman, in accordance with the Salina
Code.
(c) Provide each mobile home space with a minimum of
one hundred (100) amperes service (two (2) fifty
(50) amperes mains within the park service sup-
ply) and outlets to provide two hundred twenty
(220) volts, to all mobile homes equipped for such
service.
Supp. No. 21
854
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~ 21-17 MOBILE HOMES AND MOBILE HOME PARKS ~ 21-17
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(d) Keep a register containing a record of all mobile
homes, owners if not owner occupied, and tenants
located within each park. The register shall contain
the name and address of each known occupant; the
apparent make, model, year and manufacturer of
each mobile home; the dates of arrival and de-
parture of each mobile home. The person operating
each park shall keep the register available for in-
spection at all reasonable hours by law enforcement
officers, assessors and other officials whose duties
necessitate acquisition of such information. The
original records of the register shall not be de-
stroyed for a period of one year following the date
of registration.
(e) Keep a map of the park outlining the address, num-
ber and location of each mobile home. A copy of
said map shall be furnished to the emergency pre-
paredness office.
(f) Provide for the storage, collection, and disposal of
refuse and garbage so as not to create a health
hazard, rodent harborage, insect breeding area,
accident or fire hazard, or unsightly condition.
1. All refuse and garbage shall be stored in fly-
tight, watertight, rodent-proof containers.
Containers shall be provided in sufficient
number and capacity to properly store all
refuse and garbage.
2. 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 mini-
mize spillage and container deterioration, and
to facilitate cleaning around them.
3. All refuse and garbage shall be collected at
least once weekly by a licensed private refuse
hauler.
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Supp. No. 21
855
~ 21-17
SALINA CODE
~ 21-18
(g) Obtain the required licenses.
(h) Obtain all building permits for accessory buildings
or structures.
(i) Insure that all new mobile home installations and
lots upon which they are located are inspected at
time of installation by inspection department.
Sec. 21-17(2). Responsibility of the mobile home owner. It
shall be the responsibility of the mobile home owner to:
(a) Acquire permits before altering and connecting any
structural, electrical, gas, mechanical, or sanitary
systems within the mobile home.
(b) The power supply to the mobile home shall be a
feeder assembly consisting of not more than three
(3) mobile home power-supply cords, each rated
fifty (50) amperes, or a permanently installed cir-
cuit.
Exception: A mobile home that is factory-equipped
with gas or oil-fired central heating equipment and
cooking appliances shall be permitted to be pro-
vided with a mobile home power-supply cord rated
forty (40) amperes.
(c) The overall length of a power-supply cord, measured
from the end of the cord to the face of the attach-
ment shall not exceed thirty-six and one-half
(36112) feet. Cords with adapters and pigtail ends,
splices, extension cords, and similar items will not
be permitted.
(d) Skirt the mobile home with a solid and wind-re-
sistant material to be approved by the mobile home
park owner. Skirting shall enclose the total open
area under the mobile home. (Ord. No. 8485, ~ 1,
5-3-76)
See. 21-18. Licensing.
Sec. 21-18(1). License required. It shall be unlawful for
any person to maintain or operate within the corporate limits
Supp. No. 21
856
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~ 21-18 MOBILE HOMES AND MOBILE HOME PARKS ~ 21-18
of the city, any mobile home park unless such person shall
first obtain a license therefor as hereinafter provided.
The city clerk shall issue a license for the operation of a
mobile home court when presented with:
(a) Written application by owner or lessee of such mobile
home court on forms supplied by the city clerk;
(b) The receipt of the city treasurer for the proper fees,
as hereinafter provided;
(c) Proof that the proposed park is zoned correctly or is
an existing nonconforming use;
(d) Certification by the building inspector that the park
complies with all applicable sections of the Salina Code.
Sec. 21-18(2). License fees. An annual fee of three dollars
and fifty cents ($3.50) shall be paid for each available stand
existing any time during the year upon approval of application
for licensing (relicensing).
Sec. 21-18(3). Expiration, renewal of license, renewal fee.
Each mobile home license shall be payable on or before Jan-
uary second of each calendar year and such license shall be
deemed to expire on December thirty-first of each calendar
year. For each park whose initial licensing falls on other than
the first half of the year, the fee shall be in accordance with
section 20-9 of the Salina Code.
Sec. 21-18(4). License to be posted. The mobile home park
license shall be conspicuously posted on the permises of the
mobile home park at all times.
Sec. 21-18(5). Revocation of mobile home park license.
(a) If, at any time, it is determined by the city that the
mobile home park does not conform to the applicable
sections of the Salina Code, the mobile home park owner
shall be given sixty (60) days to bring the park into
compliance.
(b) If the owner fails to comply with the applicable sections
of the Salina Code, his license shall be revoked and it
supp. No. 21
857
~ 21-18
SALINA CODE
~ 21-19
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.
(c) Mobile home park residents shall be given sixty (60)
days to relocate their mobile homes from the unlicensed
park.
(d) Additional sixty-day extensions may be granted by the
building inspector in cases of undue hardship and a bona
fide effort by such mobile home park licensee to comply
with the Salina Code. (Ord. No. 8485, ~ 1, 5-3-76)
Sec. 21-19. Park service distribution systems.
Sec. 21-19(1). Gas distribution system. The gas distribution
system in the mobile home park shall meet all the require-
ments of the Salina Code. When liquified petroleum gas is
used, the provisions of the "Rules and Regulations Relating
to the Liquified Petroleum Gas Industry of the State of
Kansas" as adopted by the Salina Code shall apply.
(a) Gas service systems shall be inspected by the inspection
department prior to release of service.
(b) Connection of a gas line to the mobile home shall be
by a flexible connector bearing the seal of the American
Gas Association.
(c) An iron-bodied, brass core cock with provisions 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. .
(d) An automatic shut-off with plastic nipple shall be in
stalled directly above the core cock.
(e) Gas meters shall be removed upon discontinuance of
service by gas service company. Slugging of meters is
prohibited.
Sec. 21-19(2). Park water distribution systems. The water
distribution system in the mobile home park shall meet all the
Supp. No. 21
858
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~ 21-19 MOBILE HOMES AND MOBILE HOME PARKS ~ 21-30
requirements of the Salina Code and the state board of health.
The size and location of all water mains shall be approved
by the city engineer.
Sec. 21-19(3). Electrical distribution system. The electrical
distribution system in the mobile home park shall meet all the
requirements of the Salina Code.
(a) Electrical service systems shall be inspected by the in-
spection department prior to release of service.
(b) 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) .
(c) No splices shall be allowed in any mobile home power-
supply cord.
(d) Electrical meters shall be removed upon discontinuance
of service by electrical service company. Slugging of
meters is prohibited.
Sec. 21-19(4). Sanitary sewevr system. Individual sewer
connections shall be provided for each mobile home space in
the park and shall meet all the requirements of the Salina Code
and the state board of health. The size and location of all sewer
mains shall be approved by the city engineer.
Sec. 21-19(5). Fire protection. Within each mobile home
park there shall be provided a fire protection system ap-
proved by the fire chief in accordance with the Mobile Home
Park Fire Safety Code of the National Fire Protection Asso-
ciation (NFPA). (Ord. No. 8485, ~ 1,5-3-76)
Sees. 21-20-21-29. Reserved.
ARTICLE III. NEW PARKS OR PARK EXPANSIONS
Sec. 21-30. Development requirements.
Sec. 21-30(1). Compliance with zoning. Nothing in this
chapter shall be construed as authorizing a mobile home park
in any part of the city contrary to the zoning ordinance.
Supp. No. 22
859
~ 21-30
SALINA CODE
~ 21-32
Sec. 21-30(2). Size, marking, parking, drainage and recrea-
tional areas for 1nobile 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
markers 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 minimum 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 considered as recreational or open
areas.
Sec. 21-30(3). The proximity of mobile home to lot line,
other mobile homes, buildings. All mobile homes shall be
locatetl 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 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. (Ord.
No. 8485, S 1, 5-3-76; Ord. No. 8555, S 1, 3-28-77)
Sec. 21-31. Park plan.
Any person hereafter desiring to develop or enlarge a mobile
home park shall submit a plan in conformance with the zoning
ordinance. (Ord. No. 8485, S 1,5-3-76)
Sec. 21-32. Construction standards.
Sec. 21-32(1). Public streets. All dedicated public streets
within the environs of the park shall be constructed in accord-
ance with the city engineering street development and pave-
ment standards prior to placement of mobile homes on stands.
Supp. No. 22
860
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MOBILE HOMES AND MOBILE HOME PARKS
~ 21-32
Sec. 21-32(2). Roadways (private streets).
(a) General layout.
1. Roadways used as public ways shall be provided
on the site where necessary to furnish principal
trafficways for convenient access to the mobile
home stands, or drives or other facilities in the
park.
2. They shall be designed to permit connection with
existing facilities where necessary for the proper
functioning of the drainage and utility systems.
3. They shall be designed for the convenient move-
ment of traffic. Dead-end streets shall be provided
with adequate surfaced turning space, a minimum
of sixty (60) feet in diameter with no parking, and
eighty (80) feet in diameter with parking. The
maximum length of a dead-end street shall be
six hundred (600) feet.
(b) Intersections generally shall be at right angles and at
no point intersect at an angle less than sixty (60) de-
grees. Intersections of more than two (2) streets at one
point shall be avoided.
(c) 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.
(d) Surfacing. All streets, roadways, and parking 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 abutting stands.
Sec. 21-32(3). Fire protection. The fire chief shall desig-
nate certain streets or roadways within the park as fire lanes.
Sec. 21-32(4). Lighting. All interior streets and walkways
shall be lighted by not less than three-tenths (3/10) foot-
candles of artificial light.
Supp. No. 22
861
~ 21-32
SALINA CODE
~ 21-43
Sec. 21-32(5). 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.
Sec. 21-32(6). Mobile home stand.
(a) Construction.
1. Flexible surface: A minimum of five (5) inches
thick gravel, stone or compacted surface treated
to discourage plant growth, or
2. Hard surface: A minimum of eighteen (18) inches
wide concrete ribbons or slabs capable of carrying
the weight of the mobile home.
Sec. 21-32(7). Addresses shall be posted. Each approved
mobile home stand will be assigned an address by the city en-
gineering 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. (Ord. No. 8485,
~ 1,5-3-76)
Sees. 21-33-21-42. Reserved.
ARTICLE IV. PENALTY PROVISION
Sec. 21-43. Violations.
Any person who shall violate any of the provisions of this
chapter shall be guilty of a misdemeanor. (Ord. No. 8485, ~ 1,
5-3-76)
[The next page is 883]
Supp. No. 22
862
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Chapter 22
MOTOR VEHICLES AND TRAFFIC*
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
Art. VI.
Art. VII.
Art. VIII.
Art. IX.
Art. X.
Art. XI.
Art. XII.
Art. XIII.
Art. XIV.
In General, ~~ 22-1-22-26
Drivers' and Vehicle Licenses, ~~ 27-27-22-45
Signs, Signals and Markings Generally, ~~ 22-46-22-66
Operation, ~~ 22-67-22-131
Stopping, Standing and Parking, Generally, ~~ 22-132-
22-168
Parking Meters, ~~ 22-169-22-201
Riding Vehicles, ~~ 22-202-22-210
Pedestrians, ~ 22-211-22-233
Parades and Processions, ~~ 22-234-22-247
Trains and Railroads, ~~ 22-248-22-265
Accidents, ~~ 22-266-22-283
Vehicle Equipment and Condition, ~~ 22-284-22-324
Size, Weight and Load, ~~ 22-325-22-343
Violations and Penalties, ~~ 22-344-22-352
Article I. In General
Sec. 22-1. Definitions.
Unless otherwise provided, the following words and phrases
when used in this chapter shall, for the purpose of this
chapter, have the meanings respectively ascribed to them in
this section.
Sec. 22-1 (1). Alley or alleyway. A public passage or way
not meant primarily as a substitute for a street and intended
to serve or give access to the rear of lots or buildings.
Sec. 22-1 (2). Authorized emergency vehicle. Vehicles of the
fire department (fire patrol), police vebicles, and 'Such am-
bulances and emergency vehicles as are dl'signated or author-
ized by the commission or the chief of police.
Sec. 22-1 (3). Bicycle. Every device propelled by human
power upon which any person may ride, having two (2)
tandem wheels, either of which is more than sixteen (16)
inches in diameter.
Sec. 22-1 (4). Bus. Every motor vehicle designed for carry-
ing more than ten (10) passengers and 11sed for the trans-
*Cross references-For regulation of vehicles for hire, see Ch. 34;
standards for vehicles transporting refuse, ~. 31-73.
883
~ 22-1
SALINA CODE
~ 22-1
portation of persons; and every motor vehicle, other than a
taxicab, designed and used for the transportation of persons
for compensation.
Sec. 22-1 (5). Business district. The territory contiguous to
and including a highway when fifty per cp.nt (50 %) or more
of the frontage thereon for a distance of three hundred (300)
feet or more is occupied by buildings in use for business.
Sec. 22-1 (6). Commission. The highway commission of this
state.
Sec. 22-1 (7). Crosswalk.
(a) That portion of a roadway at an intersection included
within the connections of the lateral lines of sidewalks
on opposite sides of the highway measured from the
curbs or, in the absence of curbs, from the edges of
the traversable roadway.
(b) Any portion of a roadway distinctly indicated for
pedestrian crossing by lines or other markings on the
surface.
Sec. 22-1 (8). Department. The department of motor ve-
hicles of the highway commission of this "ltate acting directly
or through its duly authorized officers ~nd agents.
Sec. 22-1 (9). D01,(,ble parking. The shmding or stopping of
a vehicle in the line of traffic and (a) to the rear of a vehicle
angle parked, or to the rear of a space where a vehicle may
be parked at any angle to the curb or edge of the roadway,
or (b) to the roadway side of a vehicle rarked parallel with
the curb or edge of the roadway or the roadway side of the
space in which a vehicle may be parked parallel to the curb
or edge of the roadway.
Sec. 22-1 (10). Driver. Every person who drives or is in
actual physical control of a vehicle.
Sec. 22-1 (11). Explosives. Any chemical compound or me-
chanical mixture that is commonly used or intended for the
purpose of producing an explosion, and' which contains any
oxidizing and combustive units or other ingredients in such
proportions, quantities, or packing that an ignition by fire,
884
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MOTOR VEHICLES AND TRAFFIC
S 22-1
by friction, by concussion, by percussion, or by detonator of
any part of the compound or mixture may cause such a sudden
generation of highly heated gases that the resultant gaseous
pressures are capable of producing destructible effects on
contiguous objects or of destroying life or limb.
Sec. 22-1 (12). Farm tractor. Every motor vehicle designed
and used primarily as a farm implement for drawing plows,
mowing machines, and other implements of husbandry, in-
cluding self-propell.:!d farm combines.
Sec. 22-1 (13). Flammable liquid. Any liquid which has a
flash point of seventy (70) degrees Fahrenheit, or less, as
determined by a tabliabue or equivalent closed cup test device.
Sec. 22-1 (14). Intersection. The area embraced within the
prolongation or connection of the lateral curb lines, or, if
none, then the lateral boundary lines of the roadways of two
(2) highways which join one another at, or approximately
at, right angles, or the area within which vehicles traveling
upon different highways joining at any other angle may come
in conflict.
Sec. 22-1 (15). Laned highway. A highway the roadway of
which is divided into three (3) or more clearly marked lanes
for vehicular traffic.
Sec. 22-1 (16). Metal tire. Every tire the surface of which,
in contact with the highway, is wholly or partly of metal or
other hard nonresilient material.
Sec. 22-1 (17). Motorcycle. Every motor vehicle having a
saddle for the use of the rider and designed to travel on not
more than three (3) wheels in contact with the ground, but
excluding a tractor.
Sec. 22-1 (18) . Motor-driven cycle. Eyery motorcycle, in-
cluding every motor scooter, with a motor which produces
not to exceed five (5) horsepower, and every bicycle with
motor attached.
Sec. 22-1 (19). Motor vehicle. Every vehicle which is self-
propelled and every vehicle which is propelled by electric
power obtained from overhead trolley wires, but not operated
upon rails.
885
~ 22-1
SALINA CODE
S 22-1
Sec. 22-1 (20). Official time standard. Whenever certain
hours are specified they shall mean standard' time or daylight
saving time as may be in current use in this city.
Sec. 22-1 (21). Official traffic-control devices. All signs,
signals, markings, and devices, not inconsistent with this
chapter, placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating,
warning, or guiding traffic.
Sec. 22-1 (22). Official traffic-control signal. Any device,
whether manually, electrically or mechanically operated, by
which traffic is alternately directed to stop and to proceed.
Se.c. 22-1 (23). Owner. A person who holds the legal title of
a vehicle, or in the event a vehicle is the subject of an agree-
ment for the conditional sale or lease thereof with the right
of purchase upon performance of the conditions stated in
the agreement, and with an immediate right of possession
vested in the conditional vendee or lessee, or in the event a
mortgagor of a vehicle is entitled to possession, then such
conditional vendee or lessee or mortgagor shall be deemed the
owner for the purpose of this chapter.
Sec. 22-1 (24). Park. The standing of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose
of and while actually engaged in loading or unloading.
Sec. 22-1 (25). Pedestrian. Any person afoot.
Sec. 22-1 (26). Person. Every natura! person, firm, co-
partnership, association or corporation.
Sec. 22-1 (27). Pneumatic tire. Every tire in which com-
pressed air is designed to support the load.
Sec. 22-1 (28). Pole trailer. Every vehicle without motive
power designed to be drawn by another vehicle and attached
to the towing vehicle by means of a reach or pole, or by
being boomed or otherwise secured to the towing vehicle,
and ordinarily used for transporting long or irregularly
shaped loads such as poles, pipes, or structural members
capable, generally, of sustaining themselves as beams between
the supporting connections.
886
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MOTOR VEHICLES AND TRAFFIC
S 22-1
Sec. 22-1 (29). Police officer. Every officer authorized to
direct or regulate traffic or to make arrest for violations of
traffic regulations.
Sec. 22-1 (30). Private road or driveway. Every way or place
in private ownership and used for vehicular travel by the
owner and' those having express or implied permission from
the owner, but not by other persons.
Sec. 22-1 (31). Railroad. A carrier of !>ersons or property
upon cars, other than streetcars, operated upon stationary
rails.
Sec. 22-1 (32). Railroad sign or signal. Any sign, signal or
device erected by authority of a public body or official or
by a railroad and intended to give notice of the presence of
railroad tracks or the approach of a railroad train.
Sec. 22-1 (33). Railroad train. A steam engine, electric or
other motor, with or without cars coupled thereto, operated
upon rails, except streetcars.
Sec. 22-1 (31,,). Residence district. The territory contiguous
to and including a highway not comprising a business district
when the property on such highway for a distance of three
hundred (300) feet or more is in the main improved with res,i-
dence or residences and buildings in use for business.
Sec. 22-1 (35). Right..()f-way. The privilege of the immediate
use of the highway.
Sec. 22-1 (36). Road tractor. Every motor vehicle designed
and used for drawing other vehicles and not so constructed
a'S to carry any load' thereon either independently or any part
of the weight of a vehicle or load so drawn.
Sec. 22-1 (37). Roadway. The portion of a highway im-
proved, designed, or ordinarily used for vehicular travel.
Sec. 22-1 (38). Safety zone. The area ::Ir space officially set
apart within a roadway for the exclusive use of pedestrians
and which is protected or is so marked or indicated by ade-
quate signs as to be plainly visible at all times while 'Set apart
as a safety zone.
887
S 22-1
SALINA CODE
II 22-1
Sec. 22-1 (39). School bus. Every motor vehicle owned by
a public or governmental agency and operated for the trans-
portation of children to or from school, or privately owned and
operated for compensation for the transportation of children
to or from school.
Sec. 22-1 (40). Semitrailer. Every vehicle without motive
power designed for carrying persons or property and for
being drawn by a motor vehicle, and so constructed that some
part of its weight and that of its load rests upon or is carried
by another vehicle.
Sec. 22-1 (41). Sidewalk. That portion of a street between
the curb lines, or the lateral lines of a roadway, and the ad-
jacent property lines intended for the use of pedestrians.
Sec. 22-1 (42). Solid tirf~. Every tire of rubber or other re-
silient material which does not depend npon compressed air
for the 'Support of the load.
Sec. 22-1 (43). Standing. Any stopping of a vehicle, whether
occupied or not.
Sec. 22-1 (44). Stop. When required, means complete ces-
sation of movement.
Sec. 22-1(45). Stop or stopping. When prohibited, means
any stopping of a vehicle whether occupied or not except
when necessary to avoid conflict with other traffic or in
compliance with the direction of a police officer or traffic-
control sign or signal.
Sec. 22-1 (46). Street or highway. The entire width between
boundary lines of every way or place of whatever nature
when any part thereof is open to the llse of the public for
purposes of vehicular traffic. Where the word "highway" or
the word "street" i'S used in this chapter or other traffic ordi-
nances of the city, it shall mean street, avenue, boulevard,
thoroughfare, trafficway, alley and any other way for ve-
hicular travel by whatever name unless the context clearly
indicates otherwise.
Sec. 22-1 (47). Through highway. Every highway or portion
thereof at the entrances to which vehicular traffic from inter-
888
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MOTOR VEHICLES AND TRAFFIC
~ 22-3
e
secting highways is required by law to stop before entering
or crossing the same and when stop signs are erected as pro-
vided in this chapter or state law.
Sec. 22-1 (48). Traffic. Pedestrians, ridden or herded ani-
mals, vehicles, streetcars, and other conveyances either sing-
ly or together while using any highway for purposes of travel.
Sec. 22-1 (49). Trailer. Every vehicle without motive power
designed for carrying persons or property and for being
drawn by a motor vehicle, and so constructed that no part
of its weight rests upon the towing vehicle.
Sec. 22-1 (50). Truck. Every motor vAhicle designed, used
or maintained primarily for the transportation of property.
Sec. 22-1 (51). Truck tractor. Every motor vehicle designed
and used primarily for drawing other vehicles and not 'so con-
structed as to carry a load other than a part of the weight
of the vehicle and load so drawn.
Sec. 22-1 (52). Vehicle. Every device in, upon or by which
any person or property is or may be transported or drawn
upon a highway, except devices moved by human power or
used exclusively upon stationary rails or tracks. (Code 1960,
S 27-101)
State law reference~For similar provisions, see K.S.A. 8-501.
Sec. 22-2. Regulatio.ns to. co.nfo.rm 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.
Sec. 22-3. Pro.visio.ns applicable to. areas o.pen to. public ve-
hicular travel.
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The provisions of this chapter and (he other traffic ordi-
nances of the city shall be applicable to all areas open to the
public for vehicular travel, whether publicly or privately
owned.
889
~ 22-4
SALINA CODE
~ 22-8
Sec. 22-4. Obedience to chapter required.
It is unlawful for any person to do lmy act forbidden or
fail to perform any act required in this chapter. (Code 1960,
~ 27-202)
State law reference--For similar provisions, see K.S.A. 8-503.
Sec. 22-5. Obedience to police officers.
No person shall willfully fail or refuse to comply with any
lawful order or direction of any police officer invested by law
with authority to direct, control or regulate traffic. (Code 19,60,
~ 27-203)
State law reference--For similar provisions, see K.S.A. 8-504
Sec. 22-6. Appointment of school crossing guards.
The chief of police shall recommend and the manager shall
appoint school cros'Sing guards.
Sec. 22-7. Obedience to school crossing guards.
The driver of any vehicle traveling on any street designated
as a school zone or school zone crosswalk shall bring such ve-
hicle to a complete stop before passing or approaching any
such school building or cros'Swalk whenever he is signaled or
requested so to do by a traffic officer, schor)l flagman 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 pro-
ceed. (Ord. No. 6622, ~ 1, 4-24-62)
Sec. 22-8. Obedience to school crossing signs.
Unless otherwise directed by a school crossing guard or
traffic officer, all vehicles shall stop as required by the legend
on any sign or signal erected or in place at any school zone
crosswalk. Such sign or signal may require either that all
vehicles stop at such school zone crosswalk or that all vehicles
stop when pedestrians are within such school zone crosswalk.
(Code 1960, ~ 27-1109)
890
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MOTOR VEHICLES AND TRAFFIC
~ 22-10
Sec. 22-9. Applicability to public employees.
The provisions of this chapter applicahle to the drivers of
vehicles upon the highways shall apply to the drivers of all
vehicles owned or operated by the Unitd States, this state
or any county, city, town, district, or any other political sub-
division of the state, subject to such specific exceptions as are
set forth in this chapter with reference to authorized emer-
gency vehicles. (Code 1960, ~ 27-204)
State law reference-For similar provisions, see K.S.A. 8-505(a).
Sec. 22-10. Exemptions for emergency vehicles.
Sec. 22-10(1). The driver of any authorized emergency ve-
hicle when responding to but not upon returning from an
emergency call or when in the pursuit or an actual or sus-
pected violator of the law, or when responding to but not
upon returning from a fire alarm, may exercise the privileges
set forth in this section, but subject to the conditions herein
stated.
Sec. 22-10(2). The driver of an authorized emergency ve-
hicle may:
(a) Park or stand, irrespective of the provisions of this
chapter;
(b) Proceed' past a red or stop signal or stop sign, but only
after slowing down as may be necessary for safe opera-
tion;
(c) Exceed the maximum speed limits so long as he does
not endanger life or property;
(d) Disregard regulations governing direction of move-
ment or turning in specified directions.
Sec. 22-10(3). The exemptions herein granted to an author-
ized emergency vehicle shall apply only when such vehicle
is making use of audible and visual signals meeting the re-
quirements of K.S.A. 8-5, 102 except that an authorized emer-
gency vehicle operated as a police vehicle need not be equipped
with or display a red light visible from in front of the ve-
hicle.
Sec. 22-10(4). The foregoing provisioTJs shall not relieve
the driver of an authorized emergency vehicle from the duty to
891
~ 22-10
SALINA CODE
~ 22-14
drive with due regard for the safety of all persons, nor shall
such provisions pl10tect the driver from the consequences of his
ordinary negligence or reckless disregard for the safety of
others. (Code 1960, S 27-204)
State law reference-For similar provisions, see K.S.A. 8-505(b)-(e).
Sec. 22-11. Applicability to vehicles, persons doing road work.
Unless specifically made applicable, the provisions of this
chapter which relate to the operation of vehicles upon a high-
way, except those contained in sections 22-67 and 22-76, shall
not apply to persons, teams, motor vehicles and other equip-
ment while actually engaged in work upon the surface of a
highway, but shall apply to 'Such persons and vehicles when
traveling to or from such work. (Code 1960, S 27-204)
State law reference-For similar provisions, see K.S.A. 8-505(f).
Sec. 22-12. Applicability to bicycles, animals, animal-drawn
vehicles.
Every person riding a bicycle or an animal or driving any
animal drawing a vehicle upon a roadway shall be subject to
the provisions of this chapter applicable to the driver of a
vehicle, except those provisions of this cbapter which by their
nature can have no application. (Code 1960, S 27-205)
State law reference-For similar provisions, see K.S.A. 8-506.
Sec. 22-13. 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 permission of the owner and not as a
matter of right from prohibiting such use, or from require-
ing 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 1960, S 27-306)
State law reference-For similar provisions, see K.S.A. 8-509.
Sec. 22-14. Impounding, removal of nuisance vehicles.
Sec. 22-14(1). In order to provide for the safety of property,
any vehicle being operated by any person upon any street or
892
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~ 22-14
MOTOR VEHICLES AND TRAFFIC
~ 22-14
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 afi:er being committed
to jail and further fails to place any such vehicle in the care
and charge of some person d'esignated by such operator, then
'Such vehicle is hereby declared to be a public nuisance. It shall
be the duty of the chief of police to cause any such vehicle
to be removed and impounded in a public vehicular storage
garage. Thereafter, such vehicle shall be surrendered to the
duly identified owner thereof only upon the payment of a
pound fee of two dollars and fifty cents ($2.50), together
with any additional storage and tow-in fee which is necessarily
incurred' by the chief of police or anyone acting pursuant to
his orders or directives.
Sec. 22-14(2). Any unoccupied vehicle left parked continu-
ously upon any street of the city twenty-four (24) hours or
more is hereby declared to be a nuisance. It shaH 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 the pound fee of two dollars and fifty
cents ($2.50), together with any add'itional 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.
Sec. 22-14(3). Any vehicle against which there has been
issued three (3) or more traffic summons, either for exceed-
ing 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 police 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 impounded. Thereafter such vehicle shall be sur-
rendered' to the duly identified owner thereof only upon pay-
ment of the additional storage charge or tow-in fee, which is
necessarily incurred by the chief of police, or any other de-
partment of the city for the towing in :md storage of such
vehicle. (Code 1960, ~ 27-1426)
893
~ 22-15
SALINA CODE
~ 22-27
Sec. 22-15. Use of coasters, roller skates, toy vehicles.
No person upon roller skates or riding in or by means of
any coaster, toy vehicle or similar device, shall go upon any
roadway except while crossing a street or crosswalk or except
upon streets set aside as play streets when and as authorized
by ordinance of the city. (Code 1960, ~ 27-1604)
Sec. 22-16. Glass, other debris on highway.
Sec. 22-16(1). No person shall throw or deposit or cause
or permit to be placed or to remain, upon any highway, any
glass bottle, glass, nails, tacks, wire, cans or any other sub-
stance likely to injure any person, animal, or vehicle upon such
highway.
Sec. 22-16(2). Any person who drops, or causes or permits
to be dropped or thrown, upon any highway, as the result of
an accident or otherwise, any destructive or injurious mate-
rial shall immediately remove the same or cause it to be re-
moved.
Sec. 22-16(3). Any person removing a wrecked or damaged
vehicle from a highway shall remove any glass or other in-
jurious substance dropped upon the highway from such ve-
hicle. (Code 1960, ~ 27-1709)
State law reference-For similar provisions, see K.S.A. 8-577.
Sees. 22-17-22-26. Reserved.
Article II. Drivers' and Vehicle Licenses
Sec. 22-27. Drivers to be licensed.
No person, except one expres'Sly exempt by law, shall drive
or operate any motor vehicle upon any highway in this city
unless such person has a valid license as an operator or chauf-
feur as required by the laws of Kansas. (Code 1960, ~ 27-301)
State law reference-For Kansas Drivers' License Act, see K.S.A. Ch. 8
Art. 2.
894
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MOTOR VEHICLES AND TRAFFIC
~ 22-32
Sec. 22-28. Driving when license revoked, cancelled or sus-
pended.
No person whose operator's or chauffeur's license has been
revoked, cancelled or suspended shall drive any motor vehicle
upon any highway within this city, until such time as said
person shall have a valid license. (Code 1960, ~ 27-302)
Sec. 22-29. Permitting driving by unlicensed operator.
No person shall authorize or knowingly permit a motor
vehicle owned by him, or under his control, to be driven by
any person who has no legal right to do so, or one who does
not have a valid driver's or chauffeur's license. (Code 1960,
~ 27-303)
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Sec. 22-30. Permitting driving by children.
No person shall cause or knowingly permit his child or
ward under the age of sixteen (16) years to drive a motor
vehicle, owned by such person, or under his control upon any
highway when such minor person is not authorized under the
laws of Kansas to drive a motor vehicle upon any highway,
or in violation of any of the provisions of this chapter. (Code
1960, ~ 27-304)
Sec. 22-31. 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 operator's licenses to minors under the
age of sixteen (16) years except upon a showing of necessity
as provided by K.S.A. 8-237. (Code 1960, S 27-307)
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Sec. 22-32. 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
make a recommendation thereon and Gu~h recommendation
shall be forwarded, with the application, to the motor vehicle
895
~ 22-32
SALINA CODE
~ 22-46
department of the 'State for appropriate action by the depart-
ment 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 1960, ~ 27-308)
State law reference-For similar provisions, see K.S.A. 8-237.
Sec. 22-33. Vehicle license and tag required.
No person shall operate or drive any motor vehicle within
this city unless such vehicle carries the license or regi'Stered
number plate or plates provided by the laws of Kansas and
issued to the owner of any such vehicle to be displayed on the
vehicle registered. (Code 1960, S 27-305)
State law reference--For registration of motor vehicles, see K.S.A.
8-126 et seq.
Sec. 22-34. Altering, defacing tags; cleanliness, visibility.
No person or persons shall remove, conceal, alter, mark or
deface the license number plate or plates or any other mark
of identification upon any vehicle. License plates shall be
kept clean and they shall be placed on all vehicles within the
city as required by law so as to be plainly legible. (Code 1960,
S 27-305)
State law reference--Display of tags, see K.S.A. 8-133.
Sec. 22-35. Displaying tag on wrong vehicle.
No person shall carry or display a registered number plate
or plates upon any vehicle other than upon the vehicle for
which the regi'Stered number was issued by the State of Kan-
sas. (Code 1960, S 27-305)
Sees. 22-36-22-45. Reserved.
Article III. Signs, Signals and Markings Generally
Sec. 22-46. Obedience to traffic-control devices.
The driver of any vehicle shall obey the instructions of any
official traffic-control device applicable thereto placed in ac-
896
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S 22-46
MOTOR VEHICLES AND TRAFFIC
S 22-49
cor dance with the provisions of this chapter, unless otherwise
directed by a traffic or police officer, subject to the exceptions
granted the driver of an authorized emergency vehicle in this
chapter. (Code 1960, ~ 27-407)
State law reference---For similar provisions, see K.S.A. 8-513(a).
Sec. 22-47. When signs necessary to enforcement.
No provision of this chapter for which signs are required
shall be enforced against an alleged violator if at the time
and place of the alleged violation an official sIgn is not in
proper position and sufficiently legible to be seen by an ordi-
narily observant person. Whenever a particular section does
not state that signs are required, such section shall be effec-
tive, even though no signs are erected or in place. (Code 1960,
~ 27-407)
State law reference---For similar provisions, see K.S.A. 8-513(b).
Sec. 22-48. Authority to erect devices; conformity with
state regulations.
The board of commissioners shall cause to be placed and
maintained such traffic-control devices upon highways and
streets as they may deem necessary to indicate and to carry
out the provisions of state law or this ehapter and other traf-
fic ordinances, or to regulate, warn or guide traffic. All such
traffic-control devices shall conform to the state highway
manual and specifications as adopted by the state highway
commission. (Code 1960, ~ 27-401)
State law reference---For similar provisions, see K.S.A. 8-512(a).
Sec. 22-49. Local powers subject to highway commission on
connecting links.
The board of commissioners in exercising those functions
referred to in the preceding section shall be subject to the
direction and control of the state highway commission in
reference to highways and streets designated by said commis-
sion as connecting links in the state highway system. (Code
1960, ~ 27-401)
State law reference-For similar provisions, see K.S.A. 8-512 (b).
897
!l 22-50
SALINA CODE
!l 22-54
Sec. 22-50. General duties of city manager relating to devices.
It shall be the general duty of the city manager to install,
maintain and determine the timing of traffic-control devices.
(Code 1960, S 27-402)
Sec. 22-51. Manager to place and maintain devices.
The city manager shall place and maintain traffic-control
devices when and as required under this chapter and other
traffic ordinances of the city to make effective such provi-
sions and may place and maintain such additional traffic-
control devices as the board of commissioners may deem nec-
essary and so order to regulate traffic under the traffic ordi-
nances of the city or under state law, or to guide or warn
traffic. (Code 1960, S 27-403)
Sec. 22-52. Signs required for one-way streets; manager to
erect.
Whenever, by resolution of the board of commissioners,
a one-way street or alley is described, it shall be the duty of
the city manager to erect appropriate signs giving notice
thereof, and no such regulations shall be effective until said
signs are erected. (Code 1960, S 27-404)
State law reference-Authority to establish one-way streets, K.S.A.
8-508.
Sec. 22-53. Signs required for parking time limits; manager
to erect.
Whenever by resolution of the board of commissioners any
parking time limit is imposed, it shall be the duty of the city
manager to erect appropriate signs giving notice thereof, and no
such regulations shall be effective until said signs are erected.
(Code 1960, S 27-404)
State law reference-Authority to regulate parking, see K.S.A.
8-508.
Sec. 22-54. Signs required at through street intersections;
manager to erect.
Whenever any resolution of the board of commissioners
designates and describes a through street, it shall be the duty
898
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MOTOR VEHICLES AND TRAFFIC
S 22-58
of the city manager to place and maintain a stop sign on each
and every street intersecting such through street or that por-
tion thereof described and designated' as such by an ordinance
of the city. (Code 1960, ~ 27-405)
State law refe'rence--Authority to designate throug'h streets, K.S.A.
8-508.
Sec. 22-55. Manager to designate crosswalks.
The city manager is authorized to designate and maintain,
by appropriate devices, marks or lines upon the surface of the
roadway, crosswalks and intersections where in his opinion
there is particular danger to pedestrians crossing the roadway,
and at such other places as may be deemed necessary. (Code
1960, ~ 27-406)
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Sec. 22-56. Manager to establish safety zones.
The city manager is authorized to establish safety zones of
such kind' and character and at such places as he may deem
necessary for the protection of pedestrians. (Code 1960, ~ 27-
406)
Sec. 22-57. Manager to mark lanes.
The city manager is authorized to mark lanes for traffic on
street pavements at such places as he may deem advisable
consistent with this chapter and other traffic ordinances of
the city. (Code 1960, ~~ 27-406, 27-4115)
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Sec. 22-58. Traffic-control signal legend.
Whenever traffic is controlled by tn:1ffic-control signals
exhibiting the words "go," "caution," or "stop," or exhibiting
different colored lights successively one ~t a time, the follow-
ing colors only shall be used and said terms and lights shall indi-
cate as follows:
Sec. 22-58(1). Green alone or "Go".
(a) Vehicular traffic facing the signal may proceed straight
through or turn right or left unless a sign at such place
prohibits either such turn. But vehicular traffic shall
899
S 22-58
SALINA CODE
S 22-58
yield the right-of-way to other vehicles and to pedes-
trians lawfully within the intersection at the time such
signal is exhibited.
(b) Pedestrians facing the signal may proceed across the
roadway within any marked or unmarked crosswalk.
Sec. 22-58(2). Steady yellow alone.
(a) Vehicular traffic facing the signal shall stop before
entering the nearest crosswalk at the intersection, but
if such stop cannot be made in safety a vehicle may
be driven cautiously through the intersection.
(b) No pedestrian facing such signal shall enter the road-
way.
Sec. 22-58(3). Steady red alone or "Stop."
(a) Vehicular traffic facing the signal shall stop before
entering the nearest crosswalk at an intersection or at
such other point as may be indicated by a clearly visible
line, and shall remain standing until green or "go" is
shown alone.
(b) No pedestrian facing such signal shall enter the road-
way.
Sec. 22-58 ( 4). Steady red with green arrow.
(a) Vehicular traffic facing such signal may cautiously
enter the intersection only to make the movement indi-
cated by such arrow, but shall not interfere with other
traffic or endanger pedestrians lawfully within a cross-
walk.
(b) No pedestrian facing such signal shall enter the road-
way.
Sec. 22-58(5). Devices not at intersections. In the event
an official traffic-control signal is ere~ted and maintained
at a place other than an intersection, the provisions of this
section shall be applicable except as to those provisions which
by their nature can have no application. Any stop required
shall be made at a sign or marking on the pavement indicating
where the stop shall be made, but in the absence of any such
sign or marking, the stop shall be made at the signal. (Code
1960, ~ 27-408)
State law reference-For similar provisions, see K.S.A. 8-514.
900
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MOTOR VEHICLES AND TRAFFIC
S 22-62
Sec. 22-59. Location of traffic-control signals.
There shall be installed and maintained traffic-control sig-
nal devices of the type described in section 72-58 at the inter..
sections and other places designated by resolution of the
board of commissioners. (Code 1960, ~ 27-409)
Sec. 22-60. Meaning of flashing signals.
Whenever flashing red or yellow signaJR are used they shall
require obedience by vehicular traffic as follows:
Sec. 22-60(1). Flashing red (stop .'lignals). When a red
lens is illuminated by rapid intermittent flashes, drivers
of vehicles shall stop before entering the nearest cross-
walk at an intersection or at a limit line when marked,
and the right to proceed shall be subject to the rules
applicable after making a stop at 8 stop sign.
Sec. 22-60(2). Flashing yellow (caution signal). When a
yellow lens is illuminated with rapid intermittent flash-
es, drivers of vehicles may proceed through the inter-
section or past such signal only with caution. (Code
1960, ~ 27-410)
State law refaence-For similar provisions, see K.S.A. 8-515.
Sec. 22-.61. Location of flashing signals.
There shall be installed and maintained a traffic-control
device or devices of the type described in section 22-60 at the
intersections and other places designated by resolution of the
board of commissioners. (Code 1960, ~ 27-411)
Sec. 22-62. Unauthorized signs, signals, markings prohibited.
No person shall place, maintain or display upon or in view
of any highway any unauthorized sign, signal, marking or
device which purports to be or is an imitation of or resembles
an official traffic-control device or railroad sign or signal, or
which attempts to direct the movement of traffic, or parking
of vehicles, or which hides from view or interferes with the
effectiveness of any official traffic-control device or any rail-
road sign or signal, and no person shall place or maintain
nor shall any public authority permit upon any highway any
commercial advertising. This shall not be deemed to prohibit
Supp. No. 20
901
~ 22-62
SALINA CODE
~ 22-66
the erection upon private property adjacent to highways of
signs giving useful directional information and of a type that
cannot be mistaken for official signs. (Code 1960, ~ 27-412)
State law refe'rence-For similar provisions, see K.S.A. 8-516(a).
Sec. 22-63. Removal of unauthorized signs, signals, markings.
Every sign, signal or marking prohibited by section 22-62
is hereby declared to be a public nuisanc€ and the authority
having jurisdiction over the highway is hereby empowered
to remove the same or cause it to be removed without notice.
(Code 1960, ~ 27-412)
State law reference-For similar provisions, see K.S.A. 8-516(b).
Sec. 22-64. Interfering with devices or railroad signs, signals.
No person shall, without lawful authority, attempt to or
in fact alter, deface, injure, knock down or remove any official
traffic-control device or any railroad sign or signal or any
inscription, shield or insignia thereon. or any part thereof.
(Code 1960, ~ 27-413)
State law reference-For similar provisions, see K.S.A. 8-517.
Sec. 22-65. 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
said street or any portion thereof for any activity or purpose
having a general public or community-wide purpose or function
and the city manager is hereby authorized to place appropriate
signs or devices in the street indicating the temporary closing
thereof. (Code 1960, ~ 27-414(a) ; Ord. No. 8438, ~ 1, 6-9-75)
Sec. 22-66. Designation, marking of school zones.
School zones shall be as designated from time to time by
the board of commissioners, and shall bE' effective upon the
installation of signs or markings giving notice thereof.
Supp. No. 20
902
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~ 22-67
MOTOR VEHICLES AND TRAFFIC
~ 22-67
ARTICLE IV. OPERATION
Sec. 22-67. Driving under the influence of liquor or drugs-
Prohibited; penalty.
Sec. 22-67(1). Liquor. It is unlawful and punishable as pro-
vided in section 22-67 (3) for any person who is under the in-
fluence of intoxicating liquor to drive any vehicle within this
city.
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SuPp. No. 20
902.1
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~ 22-67
MOTOR VEHICLES AND TRAFFIC
~ 22-67
Sec. 22-67 (2). Drugs. It is unlawful and punishable as
provided in section 22-67 (3) for any person who is a habi-
tual user or under the influence of any narcotic drug or who
is under the influence of any other drug to a degree which
renders him incapable of safely driving a vehicle to drive a
vehicle within this city. The fact that any person charged
with violation of this section is or has been entitled to use
such drug under the laws of this state shall not constitute
a defense against any charge of viOlating this section.
Sec. 22-67(3). Penalty. Every person who is convicted
of a violation of this section shall be punished by imprison-
ment for not more than six (6) months, or by a fine of not
less than one hundred dollars ($100.00) nor more than five
hundred dollars ($500.00), or by both such fine and imprison-
ment. On a second or subsequent conviction he shall be punish-
ed by imprisonment for not less than ninety (90) days nor
more than one (1) year, and in the discretion of the court, a
fine of not more than five hundred dollars ($500.00).
Sec. 22-67(4). Suspension or revocation of license. In ad-
dition to any fine or imprisonment imposed under this sec-
tion, the court imposing such fine or conviction may suspend
or revoke the operator's or chauffeur's license or privilege
to operate a motor vehicle on the public highways of this
state of any person convicted of viOlating this section. Any
such suspension shall not be for a period of more than one
(1) year, and whenever a license or privilege to operate a
motor vehicle is revoked pursuant to this section, the person
whose license or privilege has been revoked shall not be en-
titled to such license or privilege restored until the expiration
of one (1) year from the date of revocation and unless and
until the court is satisfied that the character, habits and
driving ability of such person is such that it will be safe to
grant to such person the privilege of driving a motor vehicle
on the public highways of this state. The provisions of
K. S. A. 1969 SuPp. 8-256 shall not apply to any license sus-
pended or revoked hereunder.
Upon suspending or revoking any license pursuant to this
section, the court shall require that such license be surrender_
SUPP. No. 10
903
S 22-67
SALINA CODE
S 22-70
ed to the court, who shall transmit the same to the motor
vehicle department to be retained by the department until
further order of the court. Whenever the court shall restore
the privilege to operate a motor vehicle on the public high-
ways of this state to any person whose license was suspended
or revoked pursuant to this section, the court shall notify the
department thereof, and the department shall forthwith re-
turn the license to such person when the conditions established
by law have been met by the licensee, or, in the event such
license is no longer valid, shall issue the appropriate license
to such person upon proper application and payment of the
required fee. (Code 1960, S 27-601; Ord. No. 8095, S 1,
7-20-70)
Amendment note-Ord. No. 8095, S 1, amended ~ 22-67 by adding sub-
section 22-67(4) and by reducing the maximum imprisonment for a first
offense from one year to six months.
State law reference-For similar provisions, see K.S.A. 8-530.
Sec. 22-68. Same-Consent to submit to blood test deemed
given.
Any person who operates a motor vehicle upon a public
highway in this state shall be deemed to have given his con-
sent to submit to a chemical test of his breath, blood, urine,
or saliva for the purpose of determining the alcoholic content
of his blood whenever he shall be arrested or otherwise taken
into custody for any offense involving operating a motor ve-
hicle under the influence of intoxicating liquor in violation
of this Code and the arresting officer has reasonable grounds
to believe that prior to his arrest the person was driving under
the influence of intoxicating liquor.
State law reference-For similar provisions, see K.S.A. 8-1001.
Sec. 22-69. Same-Arresting officer to direct test.
The blood test shall be administered at the direction of the
arresting officer.
State law reference-For similar provisions, see K.S.A. 8-1001.
Sec. 22-70. Same-Refusal to take test.
If the person arrested refuses a request to submit to the
blood test, it shall not be given and the arresting officer shall
Supp. No. 10
904
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~ 22-70
MOTOR VEHICLES AND TRAFFIC
~ 22-74
make to the vehicle department of the state highway commis-
sion a sworn report of the refusal, stating that prior to the
arrest he had reasonable grounds to believe that the person
was driving under the influence of intoxicating liquor.
State law reference-For similar provisions, see K.S.A. 8-1001.
Sec. 22-71. Same-Report of test required.
Upon the request of any person submitting to a chemical
test under this chapter, a report of the test shall be delivered
to him.
State law reference-For similal' provisions, see K.S.A. 8-1002.
Sec. 22-72. Same-Who may withdraw blood.
Only a physician or qualified medical technician acting at
the request of the arresting officer can withdraw any blood
of any person submitting to a chemical test under this chapter.
State law reference-For similar provisions, see K.S.A. 8-1003.
Sec. 22-73. Same-Entitlement to additional test.
Without limiting or affecting the provisions of sections
22-68 through 22-74 hereof, the person tested shall have a
reasonable opportunity to have an additional chemical test
by a physician of his own choosing. In case the officer refuses
to permit such additional chemical test to be taken, then the
original test shall not be competent in evidence.
State law reference-For similar provisions, see K.S.A. 8-1004.
Sec. 22-74. Same-Evidence of intoxication; presumptions.
Any criminal prosecution for the violation of this Code
relating to the driving of a motor vehicle while under the in-
fluence of intoxicating liquor, evidence of the amount of
alcohol in the defendant's blood at the time alleged as shown
by the chemical analysis of the defendant's blood, urine,
breath or other bodily substance may be admitted, and shall
give rise to the following presumptions:
Sec. 22-74(1). If there was at that time less than 0.10 per
cent by weight of alcohol in the defendant's blood, it
shall be presumed that the defendant was not under
the influence of intoxicating liquor;
Supp. No. 10
905
~ 22-74
SALINA CODE
~ 22-77
Sec. 22-74(2). If there was at the time 0.10 per cent or
more by weight of alcohol in the defendant's blood, it
shall be presumed that the defendant was under the in-
fluence of intoxicating liquor. (Ord. No. 8095, ~ 2,
7-20-70)
Amendment note-Ord. No. 8095, ~ 2, amended ~ 22-74 by substituting
"0.10 per cent by weight" in lieu of "0.15 per cent by weight" in sub-
sections (1) and (2).
State law reference-For similar provisions, see K.S.A. 8-1005.
Sec. 22-75. Same-Submission of other evidence.
The provisionfl of sections 22-68 through 22-74 shall not
be construed as limiting the introduction of any other com-
petent evidence bearing upon the question of whether or not
the defendant was under the influence of intoxicating liquor.
State law reference-For similar provisions, see K.S.A. 8-1006.
Sec. 22-76. Reckless driving.
Sec. 22-76(1). Defined. Any person who drives any vehicle
in wilful or wanton disregard for the safety of persons or
property is guilty of reckless driving.
Sec. 22-76(2). Prohibited, penalty. Every person convicted
of reckless driving shall be punished upon a first conviction
by imprisonment for a period of not less than five (5) days
nor more than ninety (90) days, or by a fine of not less than
twenty-five dollars ($25.00) nor more than five hundred dol-
lars ($500.00), or by both such fine and imprisonment, and
on a second or subsequent conviction shall be punished by im-
prisonment for not less than ten (10) days nor more than six
(6) months, or by a fine of not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00), or by both
such fine and imprisonment. (Code 1960, ~ 27-602)
State law reference-For similar provisions, see K.S.A. 8-531.
Sec. 22-77. 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 circumspec-
Supp. No. 10
906
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~ 22-77
MOTOR VEHICLES AND TRAFFIC
~ 22-80
tion, or in any manner not constituting reckless driving but
so as to endanger or be likely to endanger any person or prop-
erty. (Code 1960, ~ 27-603)
Sec. 22-78. Speed to be reasonable and prudent.
No person shall drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the conditions
then existing. In every event speed shall be so controlled as
may be necessary to avoid colliding with any person, vehicle,
or other conveyance on or entering the highway in compliance
with legal requirements and the duty of all persons to use due
care. (Code 1960, ~ 27-701)
State law reference--For similar provisions, see K.S.A. 8-532(a).
Sec. 22-79. Speed limits established generally.
Except when a special hazard exists that requires lower
speed for compliance with section 22-78, the limits specified
in this section or established as hereinafter authorized shall
be maximum lawful speeds, and no person shall drive a ve-
hicle on a highway at a speed in excess of such maximum
limits.
Sec. 22-79(1). Business districts. All vehicles twenty (20)
miles per hour in any business district.
Sec. 22-79(2). Residence districts. All vehicles thirty (30)
miles per hour in any residence district.
Sec. 22-79(3). Parks. All vehicles fifteen (15) miles per
hour in any park under the jurisdiction of the city.
Sec. 22-79(4). AlleyS. All vehicles ten (10) miles per hour in
any alley. (Code 1960, ~ 27-701)
State law reference-For similar provisions, see K.S.A. 8-532(b).
Sec. 22-80. Reduction in speed when hazard exists.
The driver of every vehicle shall, consistent with the re-
quirements of section 22-78, drive at an appropriate reduced
speed when approaching and crossing an intersection, or rail-
road grade crossing, when approaching and going around a
curve, when approaching a hill crest, when traveling upon
Supp. No. 10
906.1
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MOTOR VEHICLES AND TRAFFIC
S 22-83
any narrow or winding roadway, and when special hazard
exists with respect to pedestrians or other traffic or by rea-
son of weather or highway conditions. (Code 1960, S 27-701)
State law reference-For similar provisions, see KS.A. 8-532(c).
Sec. 22-81. Variation of speed limits by state highway com-
mission.
Whenever the state highway commission shall determine
upon the basis of an engineering and traffic investigation
that any speed limit hereinbefore set forth is greater or less
than is reasonable or safe under the conditions found to exist
upon any part of a 'Street which is a state highway connecting
link, said commission shall determine and declare a reasonable
and safe speed limit thereon which shall be effective at all
times or during the daytime or nighttime or at such other
times as may be determined when appropriate signs giving
notice thereof are erected on such state highway connecting
link. (Code 1960, S 27-701)
State law reference-For similar provisions, see KS.A. 8-532(d).
Sec. 22-82. Charging violations of sections 22-78 through
22-81.
In every charge of violation of sections 22-78 through 22-81,
the complaint, also the summons, warrant or notice to appear
shall specify the speed at which the defendant is alleged to
have driven, also the speed limit applicable within the busi-
ness district, residence district, street or nighway, or at the
location. (Code 1960, S 27-701)
State law reference-For similar provisions, see KS.A. 8-532(g).
Sec. 22-83. Changes in limits; approval required.
Whenever the board of commissioners determines upon the
basis of an engineering and traffic investigation that the
speed limit permitted under state law, which i8 the same as
stated in sections 22-78 through 22-81, is greater or less than
is reasonable or safe under the conditions found to exist upon
a street, the board of commissioners may by resolution de-
termine and declare a reasonable and safe speed limit thereon,
which may be greater or less than the speed limit permitted
907
9 22-83
SALINA CODE
~ 22-87
under state law, which is the same as stated in sections 22-78
through 22-81, for a business or residence district and which
shall be effective when appropriate signs giving notice thereof
are erected upon such street or part of a street: Provided, be-
fore any such speed limit is so declared :lS to any city street
which is a state highway connecting link, the approval of the
state highway commission shall be obtained in writing. (Code
1960, S 27-702)
State law reference-For similar provisions, see K.S.A. 8-533.
Sec. 22-84. Speed in school zones-Generally.
Except where flasher lights are in place as provided by the
following section, no person shall drive any vehicle on any
portion of any street adjacent to or within one hundred (100)
feet of any public or private school grounds or at any desig-
nated school crosswalk betwen the hours of 8 :00 a.m. and
4 :00 p.m. on the days when school is in session or said school
grounds are being used for organized playground activities,
at a rate of speed greater than twenty (20) miles per hour
or at a rate of speed greater than is reasonable and proper
having regard for the traffic and use of the road and the con-
dition of the road, nor at a rate of speed such as to endanger
the life, property or limb of any person. (Ord. No. 6622, S 1,
4-24-62)
Sec. 22-85. Same-Obedience to flasher warning lights.
Whenever flasher warning lights are in place and in opera-
tion indicating a school zone and the speed limit therein, it
shall be unlawful to exceed the speed indicated by said lights.
Sec. 22-86. Slow speed impeding traffic.
No person shall drive a motor vehicle at such a slow speed
as to impede the normal and reasonable movement of traffic
except when reduced speed is necessary for safe operation or
in compliance with law. (Code 1960, S 27-704)
State law reference-For similar provisions, see K.S.A. 8-534(a).
Sec. 22-87. Authority to establish minimum speed.
Whenever the board of commissioners determines on the
basis of an engineering and traffic investigation that slow
908
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S 22-87
MOTOR VEHICLES AND TRAFFIC
S 22-90
speeds on any part of a highway consistently impede the nor-
mal and reasonable movement of traffic, the board of com-
missioners may by resolution determine and declare a mini-
mum speed limit below which no person shall drive a vehicle
except when necessary for safe operation or in compliance
with law. (Code 1960, ~ 27-704)
State law reference--For similar provisions, see K.S.A. 8-534(b).
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Sec. 22-88. Special speed limitation on bridge or elevated
structure.
Sec. 22-88(1). No person shall drive a vehicle over any
bridge or other elevated structure constituting a part of a
highway at a speed which is greater than the maximum speed
which can be maintained with safety to such bridge or struc-
ture, when such structure is signposted by the city or by the
state highway commission as provided for by law.
Sec. 22-88(2). Upon the trial of any person charged with
a violation of this section, proof of said determination of the
maximum speed by said commission or clt~T and the existence
of said signs shall constitute conclusive evidence of the maxi-
mum speed which can be maintained with safety to such
bridge or structure. (Code 1960, ~ 27-705)
State law reference--For similar provisions, see K.S.A. 8-535.
Sec. 22-89. Speed of emergency vehicles.
The speed limitations 'set forth in this chapter shall not ap-
ply to authorized emergency vehicles when responding to
emergency calls and the drivers thereof sound audible signal
by bell, siren or exhaust whistle. This provision shall not re-
lieve the driver of any authorized emergency vehicle from
the duty to drive with due regard for the ~afety of all persons
using the highway, nor shall it protect thQ driver of any such
vehicle from the consequence of a reckless disregard of the
safety of others. (Code 1960, S 27-706)
State law reference--For similar provisions, see K.S.A. 8-356.
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Sec. 22-90. Duty to keep to right; exceptions.
Sec. 22-90(1). Upon all roadways of sufficient width a ve-
hicle shall be driven upon the right half of the roadway, ex-
cept as follows:
909
~ 22-90
SALINA CODE
~ 22-92
(a) When overtaking and passing another vehicle proceed-
ing in the same direction under the rules governing such
movement;
(b) When the right half of a roadway is clo~ed to traffic
while under construction or repair;
(c) Upon a roadway divided into three (3) marked lanes
for traffic under the rules applicable thereon; or
(d) Upon a roadway designated and signpo:-3ted for one-
way traffic.
Sec. 22-90(2). Upon all roadways any vehicle proceeding
at less than the normal speed of traffic ~t the time and place
and under the conditions then existing shall be driven in the
right-hand lane then available for traffic, or as close as prac-
ticable to the right-hand curb or edge of the roadway, except
when overtaking and passing another vehicle proceeding in
the same direction, or when preparing for a left turn at an
intersection or into a private road or driveway. (Code 1960.
~ 27-801)
State law reference-For similar provisions, see K.S.A. 8-537.
Sec. 22-91. Overtaking, passing on the left.
The following rules shall govern the ovel'takin!~ and passing
of vehicles proceeding in the same direction, subject to those
limitations, exceptions and special rule'! hereinafter stated:
Sec. 22-91 (1). The driver of a vehicl2 overtaking another
vehicle proceeding in the same direction shall pass to
the left thereof at a 'Safe distance and shall not again
drive to the right side of the roadway until safely clear
of the overtaken vehicle.
Sec. 22-91 (2). Except when overtaking and passing on the
right is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the overtaking
vehicle on audible signal and shall not increase the
speed of his vehicle until completely passed by the over-
taking vehicle. (Code 1960, ~ 27-802)
State law reference-For similar provisions, see K.S.A. 8-538.
Sec. 22-92. Limitations on overtaking on left.
Sec. 22-92(1). No vehicle shall be driven to the left side of
the center of the roadway in overtaking and passing another
910
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~ 22-92
MOTOR VEHICLES AND TRAFFIC
~ 22-93
vehicle proceeding in the 'Same direction unless such left side
is clearly visible and is free of oncomi"rlg traffic for a suf-
ficient distance ahead to permit such overtaking and passing
to be completely made without interfering with the safe op-
eration of any vehicle approaching from the opposite direction
or any vehicle overtaken. In every event the overtaking vehicle
must return to the right-hand side of the roadway before com-
ing within one hundred (100) feet of any vehicle approaching
from the opposite direction.
Sec. 22-92(2). No vehicle shall, in overtaking and passing
another vehicle or at any other time, be driven to the left side
of the roadway under the following conditions:
(a) When approaching the crest of a grade or upon a curve
in the highway where the driver's view along the high-
way is obstructed;
(b) When approaching within one hundred (100) feet of
any bridge, viaduct or tunnel or when approaching
within one hundred (100) feet of or traversing any
intersection or railroad grade crossing;
(c) Where official signs are in place directing that traffic
keep to the right, or a distinctive center line is marked,
which distinctive line also so directs traffic as declared
in the sign manual adopted by the state highway com-
mission. (Code 1960, ~ 27-805)
State law reference-For similar provisions, see K.S.A. 8-540.
Sec. 22-93. Overtaking, passing on the right.
Sec. 22-93(1). Except when the board of commissioners is
by rule or regulation directing and enforcing a different
course from that hereinafter specified, the driv~r of a vehicle
may overtake and pass upon the right of another vehicle only
under the following conditions:
(a) When the vehicle overtaken is making or about to make
a left turn;
(b) Upon a street or highway with unobstructed pavement
not occupied by parked vehicles of 'Sufficient width
for two (2) or more lines of moving vehicles in each
direction;
911
~ 22-93
SALINA CODE
~ 22-96
(c) Upon a one-way street, or upon any roadway on which
traffic is restricted to one direction of movement,
where the roadway is free from obstructions and of
sufficient width for two (2) or more lines of moving
vehicles.
Sec. 22-93(2). The driver of a vehicle may overtake and
pass another vehicle upon the right only under conditions per-
mitting such movements in safety. In no event shall such move-
ment be made by driving off the pavement or main-traveled
portion of the roadway. (Code 1960, ~ 27-803)
State law reference-For similar provisions, see K.S.A. 8-539.
Sec. 22-94. Meeting vehicles proceeding in opposite direction.
Drivers of vehicles proceeding in opposite directions shall
pass each other to the right, and upon roadways having width
for not more than one line of traffic in each direction, each
driver shall give to the other at least one-half (%) of the
main traveled portion of the roadway as nearly as possible.
(Code 1960, ~ 27-804)
Sec. 22-95. Driving on one-way roadways and rotary traffic
islands.
Sec. 22-95(1). Upon a roadway designated and signposted
for one-way traffic a vehicle shall be driven only in the direc-
tion designated.
Sec. 22-95(2). A vehicle passing around a rotary traffic
island shall be driven only to the right of such island. (Code
1960, ~ 27-806)
State law reference-For similar provisions, see K.S.A. 8-541.
Sec. 22-96. Driving on laned roadways.
Whenever any roadway has been divided into three (3)
or more clearly marked lanes for traffic, the following rules
in addition to all others consistent herewith shall apply:
Sec. 22-96(1). A vehicle shall be driven as nearly as prac-
tical entirely within a single lane and shall not be
moved from such lane until the driver has first ascer-
tained that such movement can he made with safety.
912
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~ 22-96
MOTOR VEHICLES AND TRAFFIC
S 22-98
Sec. 22-96(2). Upon a roadway which is divided into three
(3) lanes a vehicle shall not be driven in the center
lane except when overtaking and passing another ve-
hicle where the roadway is clearly visible and such
center lane is clear of traffic within a safe distance,
or in preparation for a left turn or where such center
lane is at the time allocated exclusively to traffic mov-
ing in the direction the vehicle is proceeding and is
signposted to give notice of such allocation.
Sec. 22-96(3). Official signs may be erected directing slow
moving traffic to use a designated lane or allocating
specified lanes to traffic moving in the same direction
and drivers of vehicles shall obey the directions of
every such sign. (Code 1960, S 27-807)
State law reference-For similar provisions, see K.S.A. 8-542.
Sec. 22-97. Driving on divided highways.
Whenever any highway has been divided into two (2) road-
ways by leaving an intervening space or hy a physical barrier
or clearly indicated dividing section so cCinstrueted as to im-
pede vehicular traffic, every vehicle shall be driven only upon
the right-hand roadway, and no vehicle shall be driven over,
across, or within any such dividing space, barrier, or section,
except through an opening in such physical barrier or divid-
ing section or space, or at a crossover or intersection estab-
lished by public authority. (Code 1960, S 27-812)
State law reference-For similar provisions, see K.S.A. 8-539a.
Sec. 22-98. Following too closely.
Sec. 22-98(1). The driver of a motor vehicle shall not follow
another vehicle more closely than is reasonable and prudent,
having due regard for the speed of such vehicle and the traffic
upon and the condition of the highway.
Sec. 22-98(2). The driver of any motor truck, bus or motor
vehicle drawing another vehicle when traveling upon a road-
way outside of a business or residence district shall not fol-
low within three hundred (300) feet of another motor truck,
bus or motor vehicle drawing another \'ehicle, except that
913
~ 22-98
SALINA CODE
~ 22-99
this shall not prevent a motor truck or motor vehicle drawing
another vehicle from overtaking and passing any like vehicle
or other vehicle.
Sec. 22-98(3). Motor vehicles being driven upon any road-
way outside of a business or residence district in a caravan
or motorcade, whether or not towing other vehicles, shall be
so operated as to allow 'Sufficient space between each such
vehicle or combination of vehicles so as to enable any other
vehicle to enter and occupy such space without danger. This
provision shall not apply to funeral processions. (Code 1960,
~ 27-808)
State law reference--For similar provisions, see K.S.A. 8-543.
Sec. 22-99. Manner of turning at intersections.
The driver of a vehicle intending to turn at an intersection
shall do so as follows:
Sec. 22-99(1). Both the approach for a right turn and a
right turn shall be made as close as practical to the
right-hand curb or edge of the roadway.
Sec. 22-99(2). Approach for a left turn shall be made in
that portion of the right half of the roadway nearest
the center line thereof, and after entering the inter-
section the left turn shall be made so as to leave the
intersection to the right of the center line of the road-
way being entered.
Sec. 22-99(3). Approach for a left turn from a two-way
street into a one-way street shall be made in that por-
tion of the right half of the roadway nearest the center
line thereof and by passing to the right of such center
line where it enters the intersection. A left turn from
a one-way street into a two-way gtreet shall be made
by passing to the right of the center line of the street
being entered upon leaving the intersection.
Sec. 22-99(4). The board of commissioners may cause mark-
ers, buttons or signs to be placed within or adjacent
to intersections and thereby require and direct that a
different course from that specified in this section be
traveled by vehicles turning at an intersection, and
when markers, buttons or signs are so placed no driver
914
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S 22-99
MOTOR VEHICLES AND TRAFFIC
S 22-103
of a vehicle shall turn a vehicle at an intersection other
than as directed and required by such markers, buttons
or signs. (Code 1960, S 27-809)
State law refe'rence-For similar provisions, see K.S.A. 8-544.
Sec. 22-100. Turning on curve or crest of grade.
No vehicle shall be turned so as to proceed in the opposite
direction upon any curve, or upon the approach to, or near the
crest of a grade, where such vehicle cannot be seen by the
driver of any other vehicle approaching from either direction
within five hundred (500) feet. (Code 1960, S 27-810)
State law reference-For similar provisions, see K.S.A. 8-545.
e
Sec. 22-101. Manager to place turn markers.
The city manager is authorized to place markers, buttons
or signs, within or adjacent to intersections, indicating the
course to be traveled by vehicles turning :It such intersections
and such course to be traveled as so ind.icated may conform
to or be other than is prescribed by law or ordinance. (Code
1960, S 27-1001)
Sec. 22-102. Obedience to turn signs and markers.
Whenever authorized signs are erected indicating that no
right or left or "U" turn is permitted, no driver of a vehicle
shall disobey the directions of any such sign and when author-
ized marks, buttons or other indications are placed within an
intersection indicating the course to be traveled by vehicles
turning thereat, no driver of a vehicle shall disobey the direc-
tions of such indications. (Code 1960, S 1002)
Sec. 22-103. "U" turns.
e
The board of commissioners may from time to time by reso-
lution designate intersections or other places where the mak-
ing of "u" turns is prohibited when authorized ~,igns are
erected indicating that no "u" turn is permitted no driver
of a vehicle shall disobey the directions of such sign. (Code
1960, SS 27-1001, 27-1002)
915
S 22-104
SALINA CODE
~ 22-106
Sec. 22-104. Starting parked vehicles.
No person shall start a vehicle which is stopped, standing
or parked unless and until such movement can be made with
reasonable safety. (Code 1960, S 27-811)
State law reference-For similar provisions, see K.S.A. 8-546.
Sec. 22-105. When signals required.
Sec. 22-105(1). No person shall turn a vehicle from a direct
course upon a highway unless and until such movement can
be made with reasonable safety, and then only after giving
a clearly audible signal by sounding the horn if any pedestrian
may be affected by such movement, or after giving an ap-
propriate signal in the manner hereinafter provided in the
event any other vehicle may be affected by such movement.
Sec. 22-105(2). A signal of intention tc: turn right or left
'Shall be given continuously during not less than the last one
hundred (100) feet traveled by the vehicle before turning.
Sec. 22-105(3). No person shall stop or suddenly decrease
the speed of a vehicle without first giving art appropriate
signal in the manner provided herein to the driver of any
vehicle immediately to the rear when there is opportunity
to give such signal. (Code 1960, S 27-901)
State law reference-For similar provisions, see K.S.A. 8-547.
Sec. 22-106. Manner of giving hand and arm signals.
All signals herein required given by hand and arm shall
be given from the left side of the vehicl8 in the following man-
ner and such signals shall indicate as follows:
Sec. 22-106(1). Left turn-Hand ano. arm extended hori-
zontally.
Sec. 22-106(2). Right turn-Hand and arm extended up-
ward.
Sec. 22-106(3). Stop or decreasel of speed-Hand and arm
extended downward. (Code 1960, S 27-902)
State law reference-For similar provisions, see K.S.A. 8-549.
916
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S 22-107
MOTOR VEHICLES AND TRAFFIC
S 22-109
Sec. 22-107. Use of signal devices.
When a motor vehicle is equipped with illuminated direc-
tional signal devices front and rear, and stop signal lamp or
lamps on rear, such devices may be used in lieu of such hand
and arm signals when in proper working order. Any stop
or turn signal when required herein shall be given either by
means of the hand and arm or by a signal lamp or lamps or
mechanical signal d2vice. (Cod2 1960, S 27-902)
State law reference--For similar provisions, see K.S.A. 8-549.
Sec. 22-108. Right-of-way at intersections generally.
e
Sec. 22-108(1). The driver of a vehicle approaching an in-
tersection shall yield the right-of-way to a vehicle which has
entered the intersection from a different highway.
Sec. 22-108(2). When two (2) vehicles enter an intersec-
tion from different highways at the same time the driver of
the vehicle on the left shall yield the right-of-way to the ve-
hicle on the right.
Sec. 22-108(3). The foregoing rules are modified at through
highways and otherwise as hereinafter stated in this chapter.
(Code 1960, S 27-903)
State law reference-For similar provisions, see K.S.A. 8-550.
Sec. 22-109. Right-of-way when vehicle turning left at inter-
section.
e
The driver of a vehicle within an intersection intending to
turn to the left shall yield the right-of-way to any vehicle
approaching from the opposite direction which ie within the
intersection or so close thereto as to constitute an immediate
hazard, but said driver, having so yielded and having given
a signal when and as required by this chapter may make such
left turn and the drivers of all other vehicles approaching the
intersection from said opposite direction Rhall yield the right-
of-way to the vehicle making the left turn. (Code 19,60, S 27-
904)
State law reference-For similar provisions, see K.S.A. 8-551.
917
S 22-110
SALINA CODE
S 22-111
Sec. 22-110. Duties when entering stop or yield intersection.
Sec. 22-110(1). Preferential right-of-way at an intersection
may be indicated by stop signs or yield signs as authorized
in K.S.A. 8-568 sections 22-132 through 22-137.
Sec. 22-110(2). Except when directed to proceed by a police
officer or traffic-control signal, every driver of a vehicle
approaching a stop intersection indicated by a 'Stop sign shall
stop as required in K.S.A. 8-568 and sections 22-132 through
22-137 of this chapter, and after having stopped shall yield
the right-of-way to any vehicle which has entered the inter-
section from another highway or which is approaching so
closely on said highway as to constitute an immediate hazard,
but said driver having so yielded may proceed and the drivers
of all other vehicles approaching the intersection shall yield
the right-of-way to the vehicle so proceeding.
Sec. 22-110(3). The driver of a vehicle approachi!l.g a yield
sign shall in obedience to such sign slow down to a speed
reasonable for the existing conditions, or shall stop if neces-
sary as provided in K.S.A. 8-568 and sections 22-132 through
22-137 of this chapter, and shall yield the right-of-way to
any pedestrian legally crossing the roadway on which he is
driving, and to any vehicle in the intersection or approaching
on another highway so closely as to constitute an immediate
hazard. Said driver having so yielded may proceed, and the
drivers of all other vehicles approaching the intersection shall
yield to the vehicle SO proceeding: Provided, however, that
if such driver is involved in a collision with a pedestrian in
a crosswalk or a vehicle in the intersection after driving past
a yield sign without stopping, such collision shall be deemed
prima facie evidence of his failure to yield right-of-way.
(Code 1960, ~ 27-1004)
State law reference-For similar provisions, see K.S.A. 8-552.
Sec. 22-111. Right-of-way when vehicle entering highway
from alley or private road.
The driver of a vehicle about to enter or cross a highway
from an alley or from a private road or driveway shall yield
the right-of-way to all vehicles approaching on Raid highway.
(Code 1960, ~ 27-1006)
State law refe;rence-For similar provisions, see K.S.A. 8-553.
918
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S 22-112
MOTOR VEHICLES AND TRAFFIC
~ 22-114
Sec. 22-112. Blocking intersections prohibited.
No driver shall enter an intersection or marked cros'Swalk
unless there is sufficient space on the other side of the inter-
section or crosswalk to accommodate the vehicle he is operat-
ing without obstructing the passage of other vehicles or pedes-
trians, notwithstanding any traffic-control signal indication
to proceed. (Code 1960, ~ 27-1007)
Cross reference-Obstructing streets prohibited generaHy, S 32-37.
State law reference-For similar provisions, see K.S.A. 27-1007.
Sec. 22-113. Duties on approach of emergency vehicles.
Sec. 22-113(1). Upon the immediate approach of an author-
ized emergency vehicle, when the driver is giving audible
signal by siren, exhaust whistle or bell, the driver of every
other vehicle shall yield the right-of-way and shall immedi-
ately drive to a position parallel to, and as close a'S possible
to the right-hand edge or curb of the highway, clear of any
intersection, and shall stop and remain in such position until
the authorized emergency vehicle has passed, except when
otherwise directed by a police officer.
Sec. 22-113(2). This section shall not operate to relieve the
driver of an authorized emergency vehicle from the duty to
drive with due regard for the safety of all persons using the
highway. (Code 1960, ~ 27-1008)
State law reference-For similar provisions, see K.S.A. 8-554.
Sec. 22-114. Use of alleys by trucks.
It shall be unlawful on account of danger to other traffic
and to property of other persons causen thereby and the
hazard to other traffic when such vehicles are driven into
or from alleys for any person to drive 01' back, or cause to
be driven or backed into or from, or to ~tand in any alley in
the city, where the width of such alley ie not more than ten
(10) feet, any truck having a total length vi more than twenty
(20) feet, or any combination of vehicles commonly known
as truck and trailer or 'Semitrailer, or tractor and trailer or
semitrailer. (Code 1960, ~ 27-1409)
State law reference--For similar provisions, see K.S.A. 8-536.
919
S 22-115
SALINA CODE
S 22-118
Sec. 22-115. Quiet zones.
Whenever authorized signs are erected indicating a zone of
quiet, no person operating a motor vehicle within any such
zone shall sound the horn or other warning device of said
vehicle except in an emergency. The city manager shall have
authority 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. Said temporary zone of quiet shall
embrace all territory within a radius of two hundred (200)
feet of the building occupied by the person named in the
request of said physician. Said temporary 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 con-
spicuous place in the street a sign or marking bearing the
words "Quiet Zone," (Code 1960, S 27-1706)
Sec. 22-116. Following, parking near fire apparatus.
The driver of any vehicle other than one on official busi-
ness shall not follow any fire apparatus traveling in response
to a fire alarm closer than five hundred (500) feet or drive
into or park such vehicle within the block where fire appar-
atus has stopped in answer to a fire alarm. (Code 1960, ~
27-1707)
State law reference-For similar provisions, see K.S.A. 8-575.
Sec. 22-117. Driving over fire hose.
No vehicle shall be driven over any unprotected hose of a
fire department when laid down on any street, private drive-
way or elsewhere, to be used at any fire or alarm of fire,
without the consent of the fire department official in com-
mand. (Code 1960, S 27-1708)
State law reference-For similar provisions, see K.S.A. 8-576.
Sec. 22-118. Driving, parking in safety zones.
No vehicle shall at any time be driven through, within, or
parked in a safety zone. (Code 1960, S 27-1201)
920
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~ 22-119
MOTOR VEHICLES AND TRAFFIC
~ 22-122
Sec. 22-119. Driving on play streets.
Whenever authorized signs are erected indicating any street
or part thereof as a play street, no person shall drive a vehicle
upon any such street or portion thereof except drivers of
vehicles having business or whose residences are within such
closed area, and then any such driver shall exercise the
greatest care in driving upon any such street or portion there-
of. (Code 1960, ~ 27-414)
Sec. 22-120. Changing lanes.
Where traffic lanes have been marked, it shall be unlawful
for the driver of any vehicle to fail or refuse to keep such
vehicle within the boundaries of any such lane except when
lawfully passing another vehicle or preparatory to making a
lawful turning movement. (Code 1960, ~ 27-415)
Sec. 22-121. Limitations on backing.
The driver of a vehicle shall not back the same into an
intersection or over a crosswalk and shall not in any event
or at any place back a vehicle unless such movement can be
made in safety, and without danger to vehicles approaching
from the rear, which are lawfully using such street, and unless
such vehicles lawfully approaching from the rear will have
ample time to see the backing vehicle and avoid colliding with
the same. (Code 1960, ~ 27-1003)
Sec. 22-122. Driving upon sidewalks, etc.
It shall be unlawful for any person to drive any motor ve-
hicle, motorcycle, mini-bike, motor-driven cycle or other
motor-driven vehicle upon any sidewalk or upon or across any
public grounds in the city, or upon the flood control dikes of
the city, except upon the improved portions of public streets,
parking lots, permanent or temporary driveways, and at such
other places as may be permitted by ordinance of the city;
provided, however, that the board of commissioners may, by
resolution, designate areas where certain types of motor-
driven cycles or similar vehicles may be operated. (Ord. No.
8208, ~ 1, 5-22-72)
Amendment note-Ord. No. 8208, ~ 1, added ~ 22-122.
Supp. No. 14
921
~ 22-123
SALINA CODE
~ 22-136
Sees. 22-123-22-131. Reserved.
Article V. Stopping, Standing and Parking Generally
Sec. 22-132. Authority to designate through highways, stop
and yield intersections.
The board of commissioners may by resolution designate
through highways and erect stop signs or yield signs at
specified entrances thereto, or may designate any intersection
as a stop intersection or as a yield intersection and erect stop
signs at one or more entrances to such intersection. (Code
] 960, ~ 27-1401)
State law reference-For similar provisions, see K.S.A. 8-568(a).
Sec. 22-133. Location of stop and y':ield signs.
Every stop sign and every yield sign shall be erected as
near as practicable to the nearest line of the crosswalk on
the near side of the intersection or, if there is no crosswalk,
then as near as practicable to the nearest line of the inter-
secting roadway. (Code 1960, ~ 27-1401)
State law reference--For similar provisions, see K.S.A. 8-568(b).
Sec. 22-134. Lettering of stop signs.
Every stop sign shall bear the word "stop" in letters not
less than six (6) inches in height. (Code 1960, ~ 27-1401)
State law reference--For similar provisions, see K.S.A. 8-568(c).
Sec. 22-135. Lettering of yield signs.
Every yield sign shall bear the word "yield" in letters not
less than seven (7) inches in height. (Code 1960, ~ 27-1401)
Sec. 22-136. Obedience to stop signs.
Except when directed to proceed by a police officer or
traffic-control signal, every driver of a vehicle approaching
a stop intersection indicated by a stop sign shall stop before
Supp. No. 14
922
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S 22-136
MOTOR VEHICLES AND TRAFFIC
~ 22-137
entering the crosswalk on the near side of the intersection
or, in the event there is no crosswalk, shall stop at a clearly
marked stop line, but if none, then at a point nearest the
intersecting roadway where the driver has a view of approach-
ing traffic on the intersecting roadway before entering the
intersection. (Code 1960, S 27-1401)
State law reference-For similar provisions, see K.S.A. 8-568 (e).
Sec. 22-137. Obedience to yield signs.
The driver of a vehicle approaching a yield sign if re-
quired for safety to stop shall stop before entering the cross-
walk on the near side of the intersection or, in the event there
is no crosswalk, at a clearly marked stop line, but if none,
then at a point nearest the intersecting roadway where the
driver has a view of approaching traffic on the intersecting
roadway. (Code 1960, S 27-1401)
State law reference-For similar provisions, see K.S.A. 8-568 (f).
e
e
Supp. No. 14
922.1
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S 22-138
MOTOR VEHICLES AND TRAFFIC
~ 22-140
Sec. 22-138. Stop required before emerging from alley, drive-
way, building.
The driver of a vehicle within a busines'S or residence dis-
trict emerging from an alley, driveway, or building shall stop
such vehicle immediately prior to driving onto a sidewalk or
onto the sidewalk area extending across any alleyway or
private driveway, and shall yield the right of way to any
pedestrian as may be necessary to avoid collision or upon
entering the roadway shall yield the right of way to all
vehicles approaching on 'Said roadway. (Code 1960, S 27-1402)
State law reference-For similar provisions, see K.S.A. 8-569.
Sec. 22-139. Stopping, standing, parking outside business or
residence district.
Sec. 22-139(1). Upon any highway outside of a business or
residence district no person shall stop, park or leave standing
any vehicle, whether attended or unattended, upon the paved
or improved or main traveled part of the highway when it
is practical to stop, park or so leave such vehicle off such part
of said highway, but in every event a clear and unob'Structed
width of at least twenty (20) feet of sllch part of the high-
way opposite such standing vehicle shall be left for the free
passage of other vehicles and a clear view of such stopped
vehicle be available from a distance of two hundred (200)
feet in each direction upon such highway.
Sec. 22-139(2). This section shall not apply to the driver
of any vehicle which is disabled while on the paved or im-
proved or main traveled portion of a highway in such manner
and to such extent that it is impossible to avoid stopping and
temporarily leaving such disabled vehicle in such position.
(Code 1960, S 27-1403)
State law reference-For similar provisions, see K.S.A. 8-570.
Sec. 22-140. Removal of illegally stopped vehicles.
Sec. 22-140(1). Whenever any police officer finds a vehicle
standing upon a highway in violation of any of the foregoing
provisions of section 22-139, such officer is hereby authorized
923
S 22-140
SALINA CODE
S 22-142
to move 'Such vehicle, or require the driver or other person in
charge of the vehicle to move the same, to a position off the
paved or improved or main traveled portion of such highway.
Sec. 22-HO(2). Whenever any police officer finds a vehicle
unattended upon any bridge or causeway or in any tunnel
or on any part of any highway where such vehicle constitutes
an obstruction to traffic, such officer is hereby authorized
to provide for the removal of such vehicle to the nearest
garage or other place of safety. (Code 1960, S 27-1404)
State law reference-For similar provisions, see K.S.A. 8-571.
Sec. 22-141. Designation, use of bus and taxicab stands.
It shall be unlawful for any person to use any part of any
street for the parking of any taxicab for a taxicab stand or
station except as are specifically prescribed and designated
by resolution of the board of commissioners, and it shall be
unlawful for any person to use any portion of any street for
the parking of any passenger carrying bus or stage or a'S a
station or stand for any such bus or stage, except as specifi-
cally prescribed or designated by resolution of the board of
commissioners, or as permitted in any franchise ordinance or
agreement duly entered into by the board of commissioners
of the city and owners or operators of any such bus or stage:
Provided, that this provision shall not prevent the driver of
any bus or taxicab from temporarily stopping in accordance
with other stopaI' parking regulations at any place for the
purpose of and while actually engaged in loading or unloading
passengers: Provided further, that no person shall stop,
stand or park such vehicle other than a bus in a bus stop or
other than a taxicab in a taxicab stand when such stop or
stand has been officially designated and appropriately signed,
except that the driver of a passenger vehicle may temporarily
stop therein for the purpose of and while actually engaging
in loading or unloading passengers when such stopping does
not interfere with allY bus or taxicab waiting in or about to
enter such zone. (Code 1960, SS 27-1405, 27-1423, 27-1428)
Sec. 22-142. Marking of taxicab stands.
The city manager is authorized and directed to designate
the exact location of taxicab stands, and is further directed
924
e
e
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~ 22-142
MOTOR VEHICLES AND TRAFFIC
~ 22-143
to clearly mark said zones, consistent herewith, as being
limited to parking for the exclusive use of any vehicle licensed
and operating as a taxicab under and pursuant to the pro-
visions of Chapter 34, Article III, of this Code: Provided,
that this section shall in no way be construed as modifying
or altering the purpose and effect of section 34-65 of this
Code. For the purpose of this chapter, one taxicab stand on
all streets on which angle parking is required shall be eleven
(11) feet of curb space; and one taxicab stand on all streets
where parallel parking is required shall be twenty-two (22)
feet of curb space. (Code 1960, S 27-1428)
Sec. 22-143. Stopping, standing, parking prohibited in speci-
fied places.
No person shall stop, stand or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic-control device,
in any of the following places:
Sec. 22-143(1). On a sidewalk;
Se:c. 22-143(2). In front of a public or private driveway;
Sec. 22-143(3). Within an intersection;
Sec. 22-143 ( 4). Within fifteen (15) feet of a fire hydrant;
Sec. 22-143(5). On a crosswalk;
Sec. 22-143(6). Within twenty (20) feet of a crosswalk at
an intersection;
Sec. 22-143(7). Within thirty (30) feet upon the approach
to any flashing beacon, stop sign, or traffic-control
signal located at the side of a roadway.
Sec. 22-143(8). Between a safety zone and the adjacent
curb or within thirty (30) feet of points on the curb
immediately opposite the ends of g safety zone, unless
the city manager indicates a different length by signs
or markings;
Sec. 22-143(9). Within fifty (50) feet of the nearest rail
of a railroad crossing;
Sec. 22-143(10). Within twenty (20) feet of the driveway
entrance to any fire station and on the side of a street
925
~ 22-148
SALINA CODE
~ 22-146
opposite the entrance to any fire station within seventy-
five (75) feet of said entrance ("when properly sign-
posted) ;
Sec. 22-143(11). Alongside or opposite any street excava-
tion or obstruction when such stopping, standing or
parking would obstruct traffic;
Sec. 22-143(12). On the roadway side of any vehicle stopped
or parked at the edge or curb of a 'Street;
Sec. 22-143(13). Upon any bridge or other elevated struc-
ture upon a highway or within a highway tunnel;
Sec. 22-143(14). At any place where official 8igns prohibit
stopping;
Sec. 22-143(15). On the property dedicated to the city which
lies between the curb line and the adjacent property
line. (Code 1960, ~ 27-1406)
Cross reference-Obstructing fire hydrants generally, ~ 12-17.
State law reference-For similar provisions, see K.S.A. 8-572(a).
Sec. 22-144. Moving vehicle into prohibited area.
No person shall move a vehicle not owned by such person
into any prohibited area under section 22-143 or away from
a curb such distance as is unlawful. (Code 1960, ~ 27-1406)
State law reference-For similar provisions, see K.S.A. 8-572 (b).
Sec. 22-145. Regulations for specific locations.
The board of commissioners may by resolution from time
to time regulate, restrict or prohibit the standing or parking
of vehicles on specified streets or portions of streets or in
specified areas. The city manager shall install and maintain
signs or markings giving notice of such regulations, re-
strictions and prohibitions, and it shall be unlawful to violate
or fail to comply with any such sign or marking.
Sec. 22-146. Each hour of prohibited parking separate offense.
When a vehicle is parked within any area wherein parking
is prohibited, for over an hour, then each adrl'itional hour
thereafter shall be deemed to be a separate offense. (Code
1960, ~ 27-1414)
926
e
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~ 22-147
MOTOR VEHICLES AND TRAFFIC
~ 22-149
Sec. 22-147. Manner Qf parking generally.
Sec. 22-147(1). Generally. Except where otherwise provided
every vehicle stopped or parked upon a roadway where there
is an adjacent curb shall be so stopped or parked with the
right-hand wheels of such vehicle parallel with and within
twelve (12) inches of the right-hand curb.
Sec. 22-147(2). One-way streets. The board of commission-
ers may by resolution permit the parking of vehicles on the
left-hand side of anyone-way roadway which has an adjacent
curb, and such parking will be permitted when appropriately
marked. The left-hand wheels of all such vehicles shall be
parallel to and within twelve (12) inches of the left-hand
curb of such roadway.
Sec. 22-147(3). Angle parking. The board of commissioners
may by resolution permit angle parking on any roadway,
except that angle parking shall not be permitted on any state
highway connecting link unless the commission has deter-
mined by resolution or order entered in its minutes that such
roadway is of sufficient width to permit angle parking with-
out interfering with the free movement of traffic. (Code 1960,
~ 27-1410)
Sec. 22-148. Marking of vehicles in areas where parking time
limited.
The chief of police shall cause all vehicles parked in areas
where the length of parking time is limited to be marked in
such manner as to distinguish such vehicles during the hours
in which the parking requirements within such areas are
effective, and any person who shall remove, erase, or destroy
or cause to be removed, erased or destroyed any mark placed
upon any such vehicle or upon the tires thereof by any police
officer, otherwise than for the purpose and in the course of
complying with the provisions of this chapter, shall be guilty
of a violation of this chapter. (Code 1960, S 27-1422)
Sec. 22-149. Truck parking generally.
It shall be unlawful for any person to park or leave any
combination of vehicles commonly known as truck and trailer
Supp. No. 22
927
~ 22-149
SALINA CODE
~ 22-150
or truck and semitrailer on any portion of a street in the city
where angle parking is required by ordinance, at any time,
either for loading or unloading property or for any other
purpose. It shall be unlawful for any person to park or leave
any vehicle of any kind having a total length of more than
eighteen (18) feet on any street in the city where angle
parking of vehicles is required by ordinance, except tem-
porarily for the purpose of loading or unloading merchandise
and then only when the use of such vehicle for such purpose
does not interfer with the regular traffic on such street, and
will leave at least twenty (20) feet of clear space for the
travel of vehicles on such street. Any projection or extension
from the front or rear of any vehicle whether a part of such
vehicle or of the contents thereof shall be deemed to be
included in the total length of such vehicle under the pro-
visions of this chapter and in the case of a horse-drawn
vehicle the distance from the horse's head to the rear of
the vehicle or any extension thereof shall be included in the
length of such vehicle. All vehicles above referred to when
parked or left in any street in the city (except as herein
specifically permitted) shall be parked or left in some portion
of the street where parking parallel with the curbing is re-
quired by ordinance and when so parked or left such vehicle
shall have its right wheels next to and not more than one
foot from the curbline of such street: Provided, that none of
the provisions contained in this section shall be deemed to
permit the temporary parking for any purpose on portions
of streets where angle parking is required by any ordinance,
of a combination of vehicles commercially known as truck
and trailer or semitrailer, and the parking of such vehicles
on such streets shall be covered by the provisions of the first
sentence of this section. (Code 1960, ~ 27-1424)
Sec. 22-150. Parking of certain vehicles on streets in residen-
tial 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
Supp. No. 22
928
e
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~ 22-150
MOTOR VEHICLES AND TRAFFIC
~ 22-152
provision shall not apply to streets which are located in com-
mercial 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 drive-
way or yard within fifty (50) feet of any dwelling house occu-
pied by any person or family other than the person or family
of the person owning or using such truck or commercial vehi-
cle. For the purpose of this section, "nighttime" shall be de-
fined as the period of time from one-half (112) hour after
sundown until one-half (lh) hour before sunrise. For the
purpose of this section, "residential area" shall be defined as
an area where fifty (50) per cent or more of the property
abutting the street within the block is used for residential pur-
poses. "Commercial or industrial areas" shall be defined as
areas where fifty (50) per cent or more of the property abut-
ting the street within the block is used for commercial or
industrial purposes. (Code 1960, ~ 27-1425; Ord. No. 8023,
~~ 1, 2, 5-19-69; Ord. No. 8560, ~ 1, 4-4-77)
Sec. 22-151. Designation of loading, unloading zones.
The board of commissioners may from time to time, by
resolution, designate loading and unloading zones.
Sec. 22-152. Marking, use of loading, unloading zones.
The city manager is authorized and directed to designate
the exact location of loading and unloading zones, and is
further directed to clearly mark said zones as being limited
to parking for the sole purpose of loading and unloading mer-
chandise into and from delivery trucks and other vehicles
being used for commercial delivery purposes. To avoid con-
gestion and danger to the public, no truck shall be parked
in loading or unloading zones contrary to the provisions of
section 22-149 or any other ordinance of said city. No vehicle
shall be parked within such zones so designated for more
than fifteen (15) minutes continuously, and each successive
continuous fifteen (15) minute period is hereby declared to
be a separate offense. The above described use of the said
Supp. No. 22
929
~ 22-152
SALINA CODE
~ 22-155
loading and unloading zones shall be in effect only between
the hours of 7 :00 a.m. and 12 :00 noon on every day of the
week except Sundays and legal holidays. From 12 :00 noon
until 7 :00 p.m. on every day except Sundays and legal holi-
days, the above described areas are hereby designated by the
city manager as set forth in Article VI of this chapter. For
the purpose of this section, one loading and unloading space
on any street where angle parking is required shall be eleven
(11) feet of curb space and one loading and unloading space
on any street where parallel parking is required shall be
twenty-two (22) feet of curb space. (Code 1960, S 27-1427)
Sec. 22-153. Parking on private property without permission
-Prohibited.
It shall be unlawful for any person to park, place or leave
standing, whether attended or unattended, any vehicle upon
the private real property of another, without the consent of
the owner or lessee of said real property. (Code 1960, S
27-1429)
Sec. 22-154. Same-Penalty.
It is declared to be a public offense for any person to violate
the foregoing section and any person convicted of such vio-
lation thereof shall be punished by a fine of not more than
fifty dollars ($50.00). (Code 1960, S 27-1430)
Sec. 22-155. Same-Removal of vehicles.
Whenever any person complains under oath that a vehicle
is standing upon private real property in violation of section
22-153 hereof, any police officer is hereby authorized to pro-
vide for the removal of such vehicle to the nearest garage or
other place of safety. The owner or other person entitled to
the possession of any such vehicle shall be required to pay
the reasonable cost of such removal before being entitled to
the possession of such vehicle. (Code 1960, S 27-1431)
Supp. No. 22
930
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~ 22-156
MOTOR VEHICLES AND TRAFFIC
~ 22-160
Sec. 22-156. Duties when leaving vehicle unattended.
No person driving or in charge of a motor vehicle shall
permit it to stand unattended without first stopping the en-
gine, or when standing upon any perceptible grade without
effectively setting the brake thereon and turning the front
wheels to the curb or side of the highway. (Code 1960, ~
27-1701)
Sec. 22-157. Repairing, washing vehicles on streets.
No person shall repair any vehicle or any part or tires
thereof or paint any vehicle, or permit the same to done,
on any street, except in case of emergency as set forth in
section 22-139 of this chapter. No vehicle shall be washed
in any street in any commercial or industrial district as de-
fined by the zoning ordinance. (Code 1960, ~ 27-1702)
Sec. 22-158. Penalty for violating parking regulations.
Any person who shall violate any parking provisions of
this Code or any other parking regulations, except as other-
wise provided, shall be punished by a fine of not more than
twenty-five dollars ($25.00).
Sec. 22-159. Board of commissioners to designate parking
spaces for the use of handicapped persons.
The board of commissioners may, from time to time, by
resolution, designate parking zones for the use of handicapped
persons or persons responsible for transportation of handi-
capped persons which bears special license plate or identifica-
tIOn cards issued pursuant to K.S.A. 8-161 or K.S.A. 8-132 (a)
and is being operated by or used for transportation of a handi-
capped person or disabled veteran. (Ord. No. 8757, ~ 1, 10-
22-79)
Sec. 22-160. City manager to designate exact location.
The city manager is authorized and directed to designate the
exact location of the handicapped parking spaces within the
Supp. No. 25
931
~ 22-160
SALINA CODE
~ 22-171
zone and is further directed to clearly mark said spaces as
being limited parking for the sole purpose of handicapped per-
sons. (Ord. No. 8757, S 1, 10-22-79)
Sec. 22-161. Unauthorized parking prohibited in designated
handicapped parking spaces.
It shall be unlawful for any persons to park any vehicle in a
parking space which is clearly marked as being reserved for
the use of handicapped persons or persons responsible for the
transportation of handicapped persons unless such vehicle
bears a special license plate or identification card issued pur-
suant to K.S.A. 8-161 or 8-132 (a) and is being operated by or
used for the transportation of a handicapped person or dis-
abled veteran. (Ord. No. 8757, S 1, 10-22-79)
Sees. 22-162-22-168. Reserved.
ARTICLE VI. PARKING METERS*
Sec. 22-169. Vehicle defined.
The word "vehicle," as used herein, shall mean any device
by which any person or property may be transported upon a
public highway, except those operated upon rails or perma-
nent tracks. (Code 1960, S 27-2301)
Sec. 22-170. Parking meter defined.
The term "parking meter," as used herein, shall mean a
mechanical device located upon a municipal and public park-
ing lot, a public street or sidewalk in a place regularly desig-
nated as a parking meter zone, which device shall record a
certain number of minutes by the use of a clock mechanism
determining the period of time for which parking privileges
may be extended to the person depositing a coin therein.
(Code 1960, S 27-2302)
Sec. 22-171. Parking meter zone defined.
A "parking meter zone", as used herein, shall be deemed
to represent a certain designated and marked off section of
*Editor's note-Art. VI was repealed by Ord. No. 8058 adopted by
the board of commissioners on Dec. 22, 1969. Referendum ordinance
repealing Ord. No. 8058 and reenacting the provisions of Art. VI was
approved at a special election held on March 24, 1970.
Supp. No. 25
932
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~ 22-171
MOTOR VEHICLES AND TRAFFIC
~ 22-175
a municipal and public parking lot or a certain designated
and marked off section of a public street within the marked
and designated boundaries where the vehicle may be tem-
porarily 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 sidewalk, bumper curb, island
or other place adjacent to the designated and marked off
parking spaces. (Code 1960, ~ 27-2303)
Sec. 22-172. 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 hereby, and to cover the cost
of the purchasing, leasing, acquiring, installation, operation,
maintenance, supervision, regulation and control of the park-
ing meters described herein. (Code 1960, ~ 27-2318)
Sec. 22-173. Provisions declared supplemental.
This article shall be deemed to be in addition and supple-
mentary to, and not in conflict with nor a repeal of prior or
existing ordinance of the city, but shall be an additional pro-
vision for the regulation of traffic and parking in those zones
provided for hereunder. (Code 1960, ~ 27-2319)
Sec. 22-174. Establishment for zones.
The board of commissioners shall from time to time by
resolution designate and establish parking meter zones and
time limits therein. (Code 1960, ~ 27-2304)
Sec. 22-175. Manager to install meters, mark spaces.
The city manager shall cause meters to be installed in the
parking meter zones and shall cause parking meter spaces
to be designated as hereinafter provided, and shall indicate
Supp. No. 25
932.1
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~ 22-175
MOTOR VEHICLES AND TRAFFIC
~ 22-177
the time limitations by designating the same on the parking
meter or meters or by appropriate signs posted in proximity
to said meter or meters in said zones. (Code 1960, ~ 27-2306)
Sec. 22-176. Manager to procure, maintain meters.
The city manager is hereby directed to provide for the
purchase, leasing, acquiring, installation, op-2ration, mainte-
nance, supervision, regulation and use of the p~,rking meters
provided for in this article and to maintain the said meters
in good workable 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 of the city
for the leasing and installation of parking meters, the pay-
ment for such meters and/or installation to be provided for
solely from the receipts, funds and revenues obtained from
the operation of said parking meters without in any manner
obligating the city to pay for the same from any other source.
The city manager is further authorized and empowered to
enter into a contract, after approval of the terms and condi-
tions thereof by the board of commissioners of the city, for
such protection and maintenance of said 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 said park-
ing meters. (Code 1960, ~ 27-2307)
Sec. 22-177. Location, construction of meters.
The parking meters installed in the parking meter zones
established as provided in section 22-174 hereof shall be placed
upon the curb immediately adjacent to the individual parking
places hereinafter 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 indi-
cate by proper legend the legal parking time established by
the city and when operated shall indicate on and by its dial
Supp. No. 24
933
~ 22-177
SALINA CODE
~ 22-180
and pointer the duration of the period of legal parking, and
on the expiration of such period, shall indicate illegal or
overparking. (Code 1960, ~ 27-2308)
Sec. 22-178. 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
2-58 of this Code or defined in Chapter 35 of Kansas Statutes
Annotated.
Sec. 22-179. 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 park-
ing meter for the purpose of designating the parking space
for which said 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 unlawful and a
violation of this article to park any vehicle across any such
line or marking or to park said vehicle in such position that
the same shall not be entirely within the area so designated
by such lines or markings. (Code 1960, ~ 27-2309)
Sec. 22-180. 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 22-179 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 attached to such vehicle, enclose said
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 sta-
tion as a penalty for and in full satisfaction of such violation.
If said penalty is not paid within seventy-two (72) hours of
Supp. No. 24
934
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~ 22-180
MOTOR VEHICLES AND TRAFFIC
~ 22-182
the time when such notice was attached to such vehicle, the
penalty for such violation shall be two dollars ($2.00) pay-
able to the desk sergeant at the police station, and the failure
of such owner or operator to make such provision within said
seventy-two (72) hours shall render said owner or operator
subject to the penalties hereinafter provided for violations
of the provisions of this article. (Ord. No. 6883, 10-25-65;
Ord. No. 8707, ~ 1, 3-26-79)
Sec. 22-181. Front wheel to be against curb.
All vehicles parked in a prescribed' and indicated 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 1960, ~ 27-2305)
Sec. 22-182. 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 article, the operator of said vehicle 'Shall,
upon entering the said parking space, immediately deposit
or cause to be deposited a coin of the United States, in such
parking meter, of a denomination or denominations indicated
on each of said meters, and' put such meter in operation, and
failure to deposit such coin or coins and put the meter in
operation shall constitute a breach of this article and shall
subject such person to the penalty prescribed in section 22-191
hereof. Upon the deposit of such coin 01' coins and placing
said meter in operation, 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
said parking space is located. If said 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 over-
time and beyond the period of legal parking time and the
parking of a vehicle overtime or beyond the period of legal
parking time shall be a violation of this article and punished
as hereafter set out. (Code 1960, ~ 27-2311)
SuPp. No. 24 935
S 22-183
SALINA CODE
S 22-187
Sec. 22-183. Overtime parking prohibited.
It shall be unlawful and a violation of the provisions of this
article 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 de-
scribed. (Code 1960, S 27-2312)
Sec. 22-184. Permitting vehicle to be parked overtime.
It shall be unlawful and a violation of the provisions of
this article for any person to permit a vehicle to remain or
be placed in any parking space adjacent to any parking meter
while said 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 1960, S 27-2313)
Sec. 22-185. Length of vehicles in municipal lots.
No vehicle shall be parked within any municipal parking
lot if the vehicle shall be of an overall length in excess of
twenty (20) feet. (Code 1960, S 27-2305)
Sec. 22-186. Damaging, defacing meters.
It shall be unlawful and a violation of the provisions of
this article for any person to deface, injure, tamper with,
open or wilfully break, destroy or impair the usefulness of
any parking meter installed under the provisions of this
article. (Code 1960, S 27-2314)
Sec. 22-187. Depositing slugs.
It shall be unlawful and a violation of the provisions of this
article 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 1960, S
27-2315)
Supp. No. 24
936
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S 22-188
MOTOR VEHICLES AND TRAFFIC
S 22-190
Sec. 22-188. Temporary suspension of use of meters.
The city manager is hereby authorized and vested with
the power and authority to enter into contracts, 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 therefrom shall be credited to the
parking meter fund. (Ord. No. 6746, 11-4-63)
Sec. 22-189. 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:
Sec. 22-189(1). The number of each parking meter which
indicates that the vehicle occupying the parking space
adjacent to such parking meter is or has been parking
in violation of any of the provisions of this article.
Sec. 22-189(2). The state license number of such vehicle.
Sec. 22-189(3). The time during which such vehicle is
parking in violation of any of the provisions of this
article.
Sec. 22-189(4). Any other facts, a knowledge of which is
necessary to a thorough understanding of the
circumstances attending such violation. (Code 1960, ~
27-2316; Ord. No. 6554, ~ 1, 7-11-61)
Sec. 22-190. 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 article. Each
such owner or operator may, within twenty-four (24) hours
of the time when such notice was attached to such vehicle
enclose said notice with fifty cents ($.50) if the violation was
Supp. No. 26
937
~ 22-190
SALINA CODE
~ 22-202
failure to deposit coin or coins of a sufficient amount in the
meter in violation of section 22-182 or one dollar ($1.00) if
the violation was for parking beyond the period of legal
parking for said zone in violation of section 22-183 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 said penalty is not paid
within twenty-four (24) hours of the time when such
violation was attached to such vehicle the penalty for such
violation shall be one dollar ($1.00) for violations of section
22-182 and two dollars ($2.00) for violation of section
22-183, payable to the desk sergeant at the police station,
the failure of such owner or operator to make such
provisions within twenty-four (24) hours shall render said
owner or operator subject to the penalties hereinafter
provided for violation of the provisions of this article. (Code
1960, ~ 27-2317; Ord. No. 6554, ~ 1,7-11-61; Ord. No. 8708, ~
1,3-26-79; Ord. No. 8761, ~ 1, 11-19-79)
Sec. 22-191. Penalty.
Any person who shall violate any of the provisions of this
article 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
1960, ~ 27-2317)
Sees. 22-192-22-201. Reserved.
ARTICLE VII. RIDING VEHICLES
Sec. 22-202. Driving with view or driving mechanism ob-
structed.
No person shall drive a vehicle when it is so loaded, or
when there are in the front seat such number of persons ex-
ceeding three (3), as to obstruct the view of the driver to
the front or sides of the vehicle or as to interfere with the
Supp. No. 26
938
e
~ 22-202
MOTOR VEHICLES AND TRAFFIC
~ 22-203
driver's control over the driving mechanism of the vehicle.
(Code 1960, ~ 27-1501)
State Jaw reference--For similar provisions, see K.S.A. 8-574(a).
Sec. 22-203. Passengers interfering with driver's view or con-
trol.
No passenger in a vehicle shall ride in such position as
to interfere with the driver's view ahead or to the sides, or
to interfere with his control over the driving mechanism of
the vehicle. (Code 1960, ~ 27-1501)
State Jaw reference--For similar provisions, see K.S.A. 8-574(b).
e
e
Supp. No. 26
938.1
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S 22-204
MOTOR VEHICLES AND TRAFFIC
S 22-209
Sec. 22-204. Riding on part of vehicle not designed for pas-
sengers.
No person shall ride on any vehicle upon any portion thereof
not designed or intended for the use of passengers. This pro-
vision shall not apply to any employee engaged in the
necessary discharge of a duty, or to any person riding within
truck bodies in space intended for merchandise. (Code 1960,
~ 27-1501)
Sec. 22-205. Boarding, alighting from moving vehicle.
No person shall board or alight from any vehicle while
such vehicle is in motion. (Code 1960, ~ 27-1502)
e
Sec. 22-206. Clinging to moving vehicles.
No person riding upon any bicycle, motorcycle, coaster,
sled, roller skates or any toy vehicle shall attach the same
or himself to any moving vehicle upon any roadway. (Code
1960, ~ 27-1503)
Sec. 22-207. Riding on motorcycles, bicycles.
The operator of a motorcycle or bicycle when upon a street
shall not carry any other persons upon the handlebar, frame
or tank of any such vehicle, or any place on any such vehicle
except on a regular seat provided for such purpose, nor shall
any person so ride upon any such vehicle. (Code 1960, ~
27-1504)
Sec. 22-208. Operating, parking on sidewalks, parkways.
No vehicle, except bicycles, shall be operated or parked on
any sidewalk or parkway space, except in crossing the same
in a driveway 'Space provided for such crossing for the purpose
of reaching the paved or traveled portion of a highway.
(Code 1960, ~ 27-1601)
e
Sec. 22-209. Riding bicycles on sidewalks in business districts.
No person shall ride a bicycle on any sidewalk in any
business district. (Code 1960, ~ 27-1601)
939
~ 22-210
SALINA CODE
~ 22-214
Sec. 22-210. 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 pedestrian shall slow or stop the same if neces-
sary to avoid colliding with or interfering with the passage
of any pedestrian on such sidewalk. (Code 1960, ~ 27-1601)
Article VIII. Pedestrians
Sec. 22-211. Regulations applicable.
Pedestrians shall be subject to traffic-control signals at
intersections as heretofore declared in this chapter, but at all
other places pedestrians shall be accorded the privileges and
shall be subject to the restrictions stated in this chapter.
(Code 1960, ~ 27-1101)
State law reference-For similar provisions, see K.S.A. 8-555.
Sec. 22-212. Right-of-way at crosswalks.
Where traffic-control signals are not in place or in opera-
tion the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be to so yield to a pedes-
trian crossing the roadway within any marked crosswalk or
within any unmarked crosswalk at an intersection, except as
otherwise provided in this chapter. (Code 1960, ~ 27-1102)
State law reference-For similar provisions, see K.S.A. 8-556(a).
Sec. 22-213. Overtaking vehicle stopped at crosswalk.
Whenever any vehicle is stopped at a marked crosswalk
or at any unmarked crosswalk at an intersection to permit
a pedestrian to cross the roadway, the driver of any other
vehicle approaching from the rear shall not overtake and
pass such stopped vehicle. (Code 1960, ~ 27-1102)
State law reference-For similar provisions, see K.S.A. 8-556(b).
Sec. 22-214. Dashing into traffic prohibited.
No pedestrian shall suddenly leave a curb or run into the
path of a vehicle which is so close that it is impossible for
the driver to yield. (Code 1960, ~ 27-1102)
State law reference--For similar provisions, see K.S.A. 8-556(c).
940
e
e
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~ 22-215
MOTOR VEHICLES AND TRAFFIC
~ 22-216
Sec. 22-215. Pedestrian control signal legend.
Whenever special pedestrian control signals exhibiting the
words "walk" or "wait" or "don't walk" are in place, such
signals shall indicate as follows:
Sec. 22-215(1). Walk. Pedestrians facing such signal may
proceed across the roadway in the direction of the
signal, and shall be given the right-of-way by the drivers
of all vehicles.
Sec. 22-215(2). Wait or don't walk. No pedestrian shall
start to cross the roadway in the direction of such sig-
nal, but any pedestrian who has partially completed
his crossing on the walk signal shall proceed to a
sidewalk or safety island while the wait signal is
showing. (Code 1960, S 27-1102)
State law reference-For similar provisions, see K.S.A. 8-556(c).
Sec. 22-216. Pedestrians crossing at other than crosswalks.
Sec. 22-216(1). Every pedestrian crossing a roadway at a
point other than within a marked crosswalk or within an
unmarked crosswalk at an int€rsection shall yield the right-
of-way to all vehicles upon the roadway.
Sec. 22-216(2). Any pedestrian crossing a roadway at a
point where a pedestrian tunnel or overhead pedestrian cross-
ing has been provided shall yield the right-of-way to all ve-
hicles upon the roadway.
Sec. 22-216(3). Between adjacent intersections at which
traffic-control signals are in operation pedestrians shall not
cross at any place except in a marked crosswalk.
Sec. 22-216 (4). Notwithstanding the previsions of this sec-
tion every driver of a vehicle shall exercise due care to avoid
colliding with any pedestrian upon any roadway, and shaU
give warning by sounding the horn when ~eces'Sary, and shall
exercise proper precaution upon observing any child or any
confused or incapacitated person upon a roadway. (Code
1960, S 27-1103)
State law reference-For similar provisions, see K.S.A. 8-557.
941
S 22-217
SALINA CODE
{\ 22-221
Sec. 22-217. Duty to walk facing traffic.
Any pedestrian walking along and upon a highway shall,
when practicable, walk only on the left side of the roadway
or its shoulder facing traffic which may approach from the
opposite direction. (Code 1960, ~ 27-1104)
State law reference-For similar provisions, see K.S.A. 8-557a.
Sec. 22-218. Duty to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the
right half of crosswalks. (Code 1960, S 27-1105)
State law reference-For similar provisions, see K.S.A. 8-558.
Sec. 22-219. Hitchhiking.
No person shall stand or walk in a roadway for the purpose
of soliciting a ride from the operator of any private vehicle.
(Code 1960, ~ 27-1106)
Sec. 22-220. Drivers' duties on encountering blind or incapaci-
ta ted persons.
Whenever a pedestrian is crossing or attempting to cross
a public street or highway, guided by a g-uide dog or carrying
in a raised of extended position a cane or walking stick which
is white in color or white tipped with red, the driver of every
vehicle approaching the intersection, or place where such
pedestrian is attempting to cross, shall bring his vehicle to
a full stop before arriving at such intersection or place of
crossing, and before proceeding shall take such precautions
as may be necessary to avoid injuring such pedestrian. (Code
1960, ~27-1112)
State law reference-For similar provisions, see K.S.A. 8-558b.
Sec. 22-221. Rights of blind, incapacitated person not using
cane or dog.
Nothing contained in sections 22.220 and 22-222 shall be
construed to deprive any totally or partially blind or other-
wise incapacitated person, not carrying '3uch a cane or walk-
ing stick or not being guided by a dog, of the rights and
privileges conferred by law upon pedestrians crossing streets
or highways, nor shall the failure of such totally or partially
942
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~ 22-221
MOTOR VEHICLES AND TRAFFIC
~ 22-235
blind or otherwise incapacitated person to carry a cane or
walking stick, or to be guided by a guide dog upon the streets,
highways or sidewalks, be held to constitute nor be evidence
of contributory negligence. (Code 1960, ~ 27-1113)
Sec. 22-222. Impersonating blind or incapacitated person.
It shall be unlawful for any person, unless totally or par-
tially blind or otherwise incapacitated, 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 1960, ~ 27-1111)
State law reference--For similar provisions, see K.S.A. 8-558a.
Sec. 22-223. Penalty for violating sections 22-220 through 22-
222.
e
Any person who violates any provision of sections 2.2-220,
22-221 or 22-222 shall, upon conviction thereof, be punished
by a fine of not to exceed twenty-five dollars ($26.00) or
by imprisonment for not more than ten (10) days, or by
both such fine and imprisonment. (Code 1960, ~ 27-1114)
State law reference--For similar provisions, see K.S.A. 8-558d.
Sees. 22-224-22-233. Reserved.
Article IX. Parades and Processions
Sec. 22-234. Permit required.
No procession or parade other than a funeral procession,
exc€pting the forces of the United States Army or Navy, the
military forces of this state, and the forces of the Police and
Fire Departments, 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. (Code 1960, ~ 27-1703)
e
Sec. 22-235. Pennant or escort required for funeral proces-
sion.
A funeral composed of a procession of vehicles shall be
identified as such by the display upon the outside of at least
943
~ 22-235
SALINA CODE
~ 22-248
the first four (4) vehicles in such proce'lsion, of a pennant
of a type designated by the chief of police or the traffic
division of the police department, or shRJ: be escorted by a
police vehicle or vehicles. (Code 1960, 9 27-1704)
Sec. 22-236. 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 1960, ~ 27-1704)
Sec. 22-237. Driving through processions.
No driver of a vehicle shall drive between the vehicles
comprising a funeral or other authori7.ed procession while
they are in motion and when such vehicle::; are conspicuously
designated as required in this chapter. This provision shall
not apply at intersections where traffic is controlled by
traffic-control signals or police officers. (Code 1960, S
27-1705)
Sees. 22-238-22-247. Reserved.
Article X. Trains and Railroads~
Sec. 22-248. Obedience to signal indicating approach of trains.
Sec. 22-248 (1). Whenever any person oriving a vehicle ap-
proaches a railroad grade crossing and a clearly visible elec-
tric or mechanical signal device or a flagman gives warning
of the immediate approach of a train, the driver of such
vehicle shall stop within fifty (50) feet but not less than ten
(10) feet from the nearest track of such railroad and shall
not proceed until he can do so safely.
Sec. 22-248(2). The driver of a vehicle shall stop and re-
main standing and not traverse such grade crossing when a
*Cross reference-For construction and widening of railroad cross-
ings, see ~ 32-279 et seq.
944
e
S 22-248
MOTOR VEHICLES AND TRAFFIC
S 22-251
crossing gate is lowered or when a human flagman gives or
continues to give a signal of the approach or passage of a
train. (Code 1960, ~ 27-1301)
State law reference-For similar provisions, see K.S.A. 8-564.
Sec. 22-249. All vehicles to stop at crossings designated by
state.
When the state highway commission hp.s designated a par-
ticularly dangerous highway grade crossing of a railroad
and erected" a stop sign thereat, the driver of any vehicle
shall stop within fifty (50) feet but not less than ten (10)
feet from the nearest track of such grade crossing and shall
proceed only upon exercising due care. (Code 1960, ~ 27-1302)
State law reference-For similar provisions, see K.S.A. 8-565.
Sec. 22-250. All vehicles to stop at crossings designated by
city.
e
The driver of every vehicle shall bring such vehicle to a
complete stop before entering the intersection of streets, with
the railroad tracks or crossings designated by resolution of
the board of commissioners, and before driving or propelling
such vehicle into or across any such railroad crossing. (Code
1960, S 27-1304)
Sec. 22-251. Placement, type of stop signs at crossings.
e
Stop signs of such type or types as may be selected by the
<:ity manager with the approval of the board of commission-
ers, shall be placed at the entrance to the intersections or
crossings designated" III the preceding section of this chapter.
Such stop signs shall be placed at the side or curb line of
such streets, facing the approaching traffic which is required
by this chapter to stop at such places, and shall be either of
a reflector type which is self-illuminating at night, or
equipped with flashing illuminating signals, and in addition
the city manager may, if he deems necessary, place in the
street at such places flexible rubber flap stop signs or metal
button type stop signs. (Code 1960, ~ 27-1305)
945
S 22-252
SALINA CODE
S 22-253
Sec. 22-252. Certain vehicles must stop at all grade cross-
ings.
Sec. 22-252(1). The driver of any motor vehicle carrying pas-
sengers for hire, or of any school bus carrying any schoO'l child or
of any vehicle carrying explO'sive substances or flammable li-
quids as a cargo or part of a cargo, or of any vehicle designed far
the carrying O'f flammable liquids, befO're crO'ssing at grade
any track O'r tracks O'f a railrO'ad, shall stO'p such vehicle with-
in fifty (50) feet but nO't less than ten (10) feet frO'm the
nearest rail of such railrO'ad, and while 80' stO'pped shall listen
and 10'0'k in bath directiO'ns alO'ng such track far any apprO'ach-
ing train, and far signals indicating the HpprO'ach O'f a train,
except as hereinafter prO'vided, and shall nO't prO'ceed until
he can do So' safely.
Sec. 22-252(2). No stop need be made at any 'Such crossing
where a police officer or a traffic-control dgnal directs traffic
to proceed. (Code 1960, ~ 27-1303)
State law reference-For similar provisions, see K.S.A. 8-566.
Sec. 22-253. Moving heavy equipment at grade crossings.
Sec. 22-253(1). No person shall operate or mO've any crawler
type tractO'r, steam shO'vel, derrick, roller or any equipment
or structure having a nO'rmal operating speed of six (6) or
less miles per hour O'r a vertical body cr 10'ad clearance of
less than nine (9) inches abO've the level surface of a rO'adway
up an O'r across any tracts at a railrO'ad grade crossing withO'ut
first camp lying with this section.
Sec. 22-253(2). BefO're making any sllch crO'si:iing, the per-
san operating or moving any such vehicle or equipment shall
first stO'p the same not less than ten (10) feet nor more than
thirty (30) feet from the nearest rail of such railway, and
while so 'Stopped shall listen and look in b0th directions along
such track for any approaching train and for signals in-
dicating the approach of a train, and shall not proceed until
the crossing can be made safely.
946
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e
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* 22-253
MOTOR VEHICLES AND TRAFFIC
S 22-266
Sec. 22-253(3). No such crossing shall be made when wam-
ing is given by automatic signal or crossing gates or flagmen
or otherwise of the immediate approach of a railroad train
or car. (Code 1960, ~ 27-1306)
State law reference-For similar provisions, see K.S.A. 8-567.
Sec. 22-254. Trains blocking streets.
It shall be unlawful for the directing t)fficer 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 1960, ~ 27-1307)
Sec. 22-255. Backing trains, cars across crossings.
It shall be unlawful for the directing officer or the operator
of any railroad train or any brakeman, switchman, engineer,
or other employee or officer of any railroad to permit or cause
to permit 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 flag-
man or other employee of said 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 rity unless such cars
are attached to an engine and under proper control. (Code
1960, ~ 27-1308)
Sees. 22-256-22-265. Reserved.
Article XI. Accidents""
Sec. 22-266. Involving death or personal injuries.
The driver of any vehicle involved in an accident resulting
in injury to or death of any person shall immediately stop
"State law reference-Accidents and accident reports, K.S.A. 8-519
et seq.
947
~ 22-266
SALINA CODE
~ 22-269
such vehicle at the scene of such accident or as close thereto
as possible, but shall then forthwith return to and in every
event 'Shall remain at the scene of the ~ccident until he has
fulfilled the requirements of section 22.:268. Every such stop
shall be made without obstructing traffic more than is neces-
sary. Failure to comply with this section shall constitute a
misdemeanor.
State law reference--For similar provisions, see K.S.A. 8-518.
Sec. 22-267. Involving damage to vehicle.
The driver of any vehicle involved in any accident resulting
only in damage to a vehicle which is driven or attended by
any person 'Shall immediately stop such vehicle at the scene
of such accident or as close thereto as possible, but shall
forthwith return to and in every event shall remain at the
scene of such accident until he has fulfilled the requirements
of section 22-268. Every such stop shall be made without
obstructing traffic more than is necessary. (Code 1960, 9
27-502)
State law reference--For similar provisions, see K.S.A. 8-519.
Sec. 22-268. Duty to give information and render aid.
The driver of any vehicle involved in an accident resulting
in injury to or death of any person or damage to any vehicle
which is driven or attended by any person shall give his name,
address, and the registration number of the vehicle he is
driving and shall upon request and if Bvailable exhibit his
operator's or chauffeur's license to the person struck or the
driver or occupant of or person attending any vehicle collided
with and shall render to any person injured in such accident
reasonable assistance, including the carrying, or the making
of arrangements for the carrying, of such per~on to a phy-
sician, surgeon, or hospital for medical or surgical treatment,
if it is apparent that such treatment is necessary or if such
carrying is requested by the injured person. (Code 1960,
S 27-503)
Sec. 22-269. Duty on striking unattended vehicle.
The driver of any vehicle which collides with any vehicle
which is unattended shall immediately stop and shall then
948
e
S 22-269
MOTOR VEHICLES AND TRAFFIC
~ 22-271
and there either locate and notify the operator or owner of
such vehicle of the name and address of the driver and owner
of the vehicle striking the unattended vehicle or shall leave
in a conspicuous placE: in the vehicle struck a written notice
giving the name and address of the driver and of the owner
of the vehicle doing the striking and a ~tatement of the cir-
cumstances thereof. (Code 1960, S 27-501)
State law reference-For similar provisions, see K.S.A. 8-521.
Sec. 22-270. Duties on striking fixtures on highway.
e
The driver of any vehicle involved in a!l accident resulting
only in damages to fixtures legally upon or H.djacent to a
highway shall take reasonable steps to locate and notify the
owner or person in charge of such property of such fact and
of his name and address and of the registration number of
the vehicle he is driving, and shall upon rC'quest and if avail-
able exhibit his operator's or chauffeur's license and shall
make report of such accident when and as required in section
22-271. (Code 1960, S 27-505)
State law reference-For similar provisions, see K.S.A. 8-522.
Sec. 22-271. Reports required.
Sec. 22-271 (1). The driver of a vehicle involved in an acci-
dent resulting in injury to or death of any person or total
property damage to an apparent extent of more than one
hundred dollars ($100.00), shall, within twenty-four (24)
hours after such accident, forward a written report of such
accident to the police department.
Sec. 22-271 (2). The department may require any driver of
a vehicle involved in an accident of which report must be made
as provided in this section to file supplemental reports when-
ever the original report is insufficient in the opinion of the
department, and may require witnesses of accidents to render
reports to the department.
e
Sec. 22-271 (3). The driver of a vehicle involved in an acci-
dent resulting in injury to or death of any person or property
949
S 22-271
SALINA CODE
S 22-284
damage to an apparent extent of 0ne hundred dollars
($100.00) or more shall immediately by the quickest means
of communication give notice of such accident to the police
department.
Sec. 22-271 (4). Every law enforcement officer who, in the
regular course of duty, investigates a motor vehicle accident
of which report must be made as required in this section,
either at the time of and at the scene of the accident or there-
after by interviewing the participants or witnesses, shall, within
twenty-four (24) hours after completing such investigation,
forward a written report of such accident to the department.
(Code 1960, ~ 27-506)
State law reference--For similar provisions, see K.S.A. 8-523.
Sec. 22-272. Report when driver incapacitated.
Whenever the driver of a vehicle is physically incapable
of making a required accident report, and there was another
occupant in the vehicle at the time of the accident capable of
making a report, such occupant shall make or cause to be made
a report. (Code 1960, ~ 27-507)
State law reference-For similar provisions, see K.S.A. 8-524.
Sec. 22-273. Reports to state to be filed with police; confi-
dential nature.
The driver of a vehicle involved in an accident shall file the
required report of sU.ch accident or a coPY of the report re-
quired to be filed with the state department with the police
department. All such reports shall be for the confidential use
of the police department. (Code 1960, ~ 27-508)
Sees. 22-274-22-283. Reserved.
Article XII. Vehicle Equipment and Condition
Sec. 22-284. Generally; compliance required.
No person shall drive or move, and no owner shall cause
or knowingly permit to be driven or moved on any highway
any vehicle or combination of vehicles which is in such unsafe
condition as to endanger any person, or which does not con-
950
e
e
e
S 22-284
MOTOR VEHICLES AND TRAFFIC
S 22-286
tain those part'S or is not at all times equipped with such
lamps and other equipment in proper condition and adjust-
ment as required in this chapter, or which is equipped in
any manner in violation of this chapter, or for any person to
do any act forbidden or fail to perform any act required under
this chapter. (Code 1960, ~ 27-1710)
State law reference-For similar provisions, see K.S.A. 8-580(a).
Sec. 22-285. Exemptions.
The provisions of this chapter with respect to equipment
on vehicles shall not apply to implements of husbandry, road
machinery, road rollers or farm tractors except as herein
made applicable. (Code 1960, ~ 27-1710)
State law reference-For similar provisions, see K.S.A. 8-580(b).
Sec. 22-286. When lighted lamps required; visibility distance;
mounted height of lamps.
Sec. 22-286(1). Every motor vehicle upon a highway within
the city at any time from a half Ph) hour after sunset to a
half (1;2) hour before sunrise, and at any other time when
there is not sufficient light to render clearly discernible per-
sons and vehicles on the highway at a distance of five hundred
(500) feet ahead, shall display lighted lamps and illuminating
devices as hereinafter respectively required for different
cla'Sses of vehicles, subject to exceptions with respect to
parked vehicls as hereinafter stated.
Sec. 22-286(2). Whenever requirement is hereinafter de-
clared as to the distance from which certain lamps and deviC2s
shall render objects visible or within which such lamps or
devices shall be visible, said provisions shall apply, during
the times stated in section 22-286 (1) in r€spect to a vehicle
without load upon a straight, level, unligbted highway under
normal atmospheric conditions unless a different time or con-
dition is expressly stated.
Sec. 22-286(3). Whenever in this chapter requirement is
declared as to the mounted height of lamps or devices, it shall
mean from the center of such lamp or device to the level
ground upon which the vehicle stands when such vehicle is
without a load. (Code 1960, ~ 27-1801)
State law reference-For similar provisions, see K.S.A. 8-581.
951
~ 22-287
SALINA CODE
~ 22-288
Sec. 22-287. Head lamps required.
S(jc. 22-287(1). Every motor vehicle other than a motor-
cycle or motor-driven cycle shall be equipped with at least
two (2) head lamps with at least one on each side of the
front of the motor vehicle, which head lamps shall comply
with the requirements and limitations set forth in this chap-
ter.
Sec. 22-287(2). Every motorcycle and every motor-driven
cycle shall be equipped with at least one and not more than
two (2) head lamps which shall comply with the requirements
and limitations of this chapter.
Sec. 22-287(3). Every head lamp upon every motor vehicle,
including every motorcycle and motor-driven cycle, shall be
located at a height measured from the center of the head
lamp of not more than fifty-four (54) inches nor less than
twenty-one (21) inches to be measured as set forth in sec-
tion 22-286 (3) and shall not apply to vehicles mentioned in
section 22-285.
Sec. 22-287(4). The provisions of section 22-287(3) shall
only apply to new motor vehicles registered in this state, and
which are manufactured or assembled after July 1, 1959.
(Code 1960, S 27-1802)
State law reference-For similar provisions, see K.S.A. 8-582.
Sec. 22-288. Tail lamps and reflectors required.
Sec. 22-288(1). Every motor vehicle, trailm', semitrailer,
pole trailer, and any other vehicle which is being drawn at
the end of a train of vehicles shall be equipped with at least
one tail lamp mounted on the rear, which, when lighted as
hereinbefore required, shall emit a red light plainly visible
from a distance of five hundred (500) fcet to the rear, but
in the case of a train of vehicles, only the tail lamp on the
rear-most vehicle need actually be seen from the distance
specified. Every such new vehicle, other than a truck tractor,
registered in this state and manufactured or assembled after
July 1, 1959, shall be equipped with at leaf'lt two (2) tail lamps
mounted on the rear, on the same level and as widely spaced
laterally as practicable, which, when lighted as herein re-
quired, shall comply with the provisions ()f this section. Every
952
e
e
e
S 22-288
MOTOR VEHICLES AND TRAFFIC
S 22-289
tail lamp upon every vehicle shall be located at a height of
not more than seventy-two (72.) inches, nor less than twenty
(20) inches.
Se_c. 22-288(2). Either a tail lamp or a sepamte lamp shall
be so constructed and placed as to illuminate with a white
light the rear registration plate and render it clearly legible
from a distance of fifty (50) feet to the rear. Any tail lamp
or tail lamps, together with any 'Separate lamp for illuminat-
ing the rear registration plate, shall be so wired as to be
lighted whenever head lamps or auxiliary driving lamps are
lighted.
Sec. 22-288(3). Every new motor vehiell'l, other than a truck
tractor, sold and operated on a highway after July 1, 1959,
shall carryon the rear, either as a part of the tail lamps or
separately, two red reflectors, except that every motorcycle
and every motor-driven cycle shall carry at least one reflec-
tor, meeting the requirements of this 'Section, and except that
vehicles of the type mentioned in section 22-289 shall be
equipped with reflectors as required in those sections applica-
ble thereto.
Sec. 22-288(4). Every such reflector shall be mounted upon
a vehicle at a height not less than twenty (20) nor more than
sixty (60) inches, measured a'S set forth in section 22-286 (3)
and shall be of such size and characteristics and so mounted
as to be visible at night from all distanc(f: within three hun-
dred (300) feet to fifty (50) feet from such vehicle when
directly in front of 18wful upper beams of head lamps, except
that on a commercial vehicle the reflectors shall be visible
from all distances within five hundred (500) feet to fifty
(50) feet from such vehicle, when directly in front of law-
ful upper beams of head lamps; and except that visibility
from a greater distance is hereinafter required of reflectors
on certain types of vehicles. (Code 1960, S 27-1803)
State law reference-For similar provisions, see K.S.A. 8-583.
Sec. 22-289. Additional lighting equipment on certain vehi-
cles.
In addition to other equipment requil'ed by this chapter,
the following new vehicles sold and operated on a highway
after July 1, 1959, shall be equipped as herein stated.
953
~ 22-289
SALINA CODE
~ 22-289
Sec. 22-289(1). On every bus or truck, whatever its size,
there shall be the following: On the rear, two (2) re-
flectors, one at each side and one combination taillight
and stop light.
Sec. 22-289(2). On every bus or truck, eighty (80) inches
or more in overall width, in addition to the require-
ments in section 22-289 (1) :
(a) On the front, two (2) clearance lamps, one at each
side;
(b) On the rear, two (2) clearance lamps, one at each
side;
(c) On each 'Side, two (2) side marker lamps, one at
or near the front, and one at or near the rear;
and
(d) On each side, two (2) reflectors, one at or near
the front, and one at or near the rear.
Sec. 22-289(3). On every truck tractor:
(a) On the front, two (2) clearance lamps, one at each
side; and
(b) On the rear, one combination tail light and stop
light.
Sec. 22-289 (4). On every Kansas licensed trailer or semi-
trailer having a gross weight in excess of three thou-
sand (3,000) pounds:
(a) On the front, two (2) clearance lamps, one at each
side;
(b) On each 'Side, two (2) side marker lamps, one at
or near the front, and one at or near the rear;
(c) On each side, two (2) reflectors, one at or near
the front, and one at or near the rear; and
(d) On the rear, two (2) clearance lamps, one at each
side, also two (2) reflectors, one at each side and
one combination tail light and stop light.
Sec. 22-289(5). On every pole trailer in excess of three thou-
sand (3,000) pounds gross weight:
(a) On each side, one side marker lamp and one clear-
ance lamp, which may be in c\)mbination, to show
to the front, side and rear; and
(b) On the rear of the pole trailer or load, two (2)
reflectors, one at each side.
954
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li 22-289
MOTOR VEHICLES AND TRAFFIC
li 22-291
Sec. 22-289(6). On every trailer, semitrailer, or pole trailer:
On the rear, two (2) reflectors, one at each side. If
any trailer or semitrailer is so loaded or is of such
dimensions as to obscure the 'Stop light on the towing
vehicle, then such vehicle shall also be equipped with
one tail light and one combination tail light and stop
light. (Code 1960, S 27-1804)
State law reference--For similar provisions, see K.S.A. 8-584.
Sec. 22-290. Color of clearance, side marker, backup lamps and
reflectors.
Sec. 22-290(1). Front clearance lamps and those marker
lamps and reflectors mounted on the front or on the side
near the front of a vehicle shall display or reflect an amber
color.
Sec. 22-290(2). Rear clearance lamps and those marker
lamps and reflectors mounted on the n-ar or on the sides
near the rear of a vehicle shall display or reflect a red color.
Sec. 22-290(3). All lighting devices and reflectors mounted
on the rear of any vehicle shall display or reflect a red color,
except the stop light or other signal device, which may be
red, amber or yellow, and except that the light illuminating
the license plate 'Shall be white and the light emitted by a
backup lamp shall be white or amber. (Code 1960, S 27-1805)
State law reference-For similar provisions, see K.S.A. 8-584a.
Sec. 22-291. Mounting of reflectors, clearance lamps, side
marker lamps.
Sec. 22-291 (1). Reflectors when requirc>d by section 22-289
shall be mounted at a height not less than twenty-four (24)
inches and not higher than sixty (60) inches above the ground
on which the vehicle stands, except that if the highest part of
the permanent structure of the vehicle is less than twenty-four
(24) inches the reflector at such point shall be mounted as
high as that part of the permanent structure will permit. The
rear reflectors on a pole trailer may be m0unted on each side
of the bolster or load. Any required red reflector on the rear
955
!i 22-291
SALINA CODE
!i 22-293
of a vehicle may be incorporated with the tail lamp, but such
reflector shall meet all the other statutory reflector require..
ments.
Sec. 22-291 (2). Clearance lamps shall be mounted on the
permanent structure of the vehicle in such a manner as to
indicate its extreme width and as near the top thereof as
practicable. Clearance lamps and side marker lamps may be
mounted in combination, provided illumination is given as
required herein with reference to both. (Code 1960, 9 27-1806)
State law reference-For similar provisions, see K.S.A. 8-584b.
Sec. 22-292. Visibility of reflectors, clearance and marker
lamps.
Sec. 22-292(1). Every reflector upon any vehicle referred
to in section 22-289 shall be of such size and characteristics
and so maintained as to be readily visible at nighttime from
all distances within six hundred (600) feet to one hundred
(100) feet from the vehicle when directly in front of lawful
upper beams of head lamps. Reflectors required to be mounted
on the sides of the vehicle shall reflect the required color of
light to the sides, and those mounted on the rear shall reflect
a red color to the rear.
Sec. 22-292(2). Front and rear clearance lamps shall be
capable of being seen and distinguished under normal atmos-
pheric conditions at the times lights are required at a dis-
tance of five hundred (500) feet from the front and rear.
respectively, of the vehicle.
Sec. 22-292 (3). Side marker lamps shall be capable of being
seen and distinguished under normal atmospheric conditions
at the times lights are required at a distance of five hundred
(500) feet from the side of the vehicle on which mounted.
(Code 1960, 9 27-1807)
State law reference~For similar provisions, see K.S.A. 8-584c.
Sec. 22-293. Obstructed lights not required.
Whenever motor and other vehicles are operated in combi-
nation during the time that lights are required, any lamp
(except tail lamps) need not be lighted which, by reason of
956
e
e
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S 22-293
MOTOR VEHICLES AND TRAFFIC
S 22-295
its location on a vehicle of the combination, would be obscured
by another vehicle of the combination, but this shall not affect
the requirement that lighted clearance lamps be displayed on
the front of the foremost vehicle requind to have clearance
lamps, nor that all lights required on the rear of the rearmost
vehicle of any combination shall be lighted. (Code 1960, ~ 27-
1808)
State law reference--For similar provisions, see K.S.A. 8-584d.
Sec. 22-294. Lamps or flags on projecting loads.
Whenever the load upon any vehicle extends more than six
(6) inches beyond the sides or four (4) feet or more beyond
the rear of the bed or body of such vehicle, there shall be
displayed at the extreme rear end of the load, and at the
extreme sides, at the times specified in section 22-286, red
lights or lanterns plainly visible from a distance of at least
five hundred (500) feet to the sides and rear: Provided, that
the total width of any vehicle or load thereon shall not exceed
the limitations prescribed by section 22-327. The red lights
or lanterns required under this section shall be in addition
to the red rear light required upon every vehicle. At any other
time there shall be displayed at the extreme rear end of such
load a red flag or cloth not less than twelve (12) inches square
and so hung that the entire area is visible to the driver of a
vehicle approaching from the rear. (Code 1960, ~ 27-1809)
State law reference-For similar provi,sions, see' K.S.A. 8-585.
Sec. 22-295. Lamps on parked vehicles.
Whenever a vehicle is parked or stopped upon a roadway or
shoulder adjacent thereto, whether attended or unattended,
during the times mentioned in section 22-286, such vehicle
shall be equipped with one or more lamps which shall exhibit
a white light on the roadway side visible from a distance of
five hundred (500) feet to the front of 'Such vehicle and a
red light visible from a distance of five hundred (500) feet
to the rear, except that no lights need be displayed upon any
such vehicle when stopped or parked in accordance with local
parking regulations upon a highway where there is sufficient
light to reveal any person or object within a distance of five
957
~ 22-295
SALINA CODE
~ 22-298
hundred (500) feet upon such highway. Any lighted head
lamps upon a parked vehicle shall be depressed or dimmed.
(Code 1960, ~ 27-1810)
State law reference-For similar provisions, see K.S.A. 8-586.
Sec. 22-296. Lamps on bicycles.
Every bicycle operated upon any street or highway in the
nighttime shall be equipped with a lamp on the front exhibit-
ing a white light visible from a distance of at least five hun-
dred (500) feet to the front and with a lamp on the rear
exhibiting a red light visible from a dist:::mce of five hundred
(500) feet to the rear, except that a red reflector meeting the
requirements of this chapter may be used in lieu of a rear light.
(Code 1960, ~ 27-1811)
State law reference-For similar provisions, see K.S.A. 8-587.
Sec. 22-297. Lamps on other vehicles and equipment.
All vehicles, including animal-drawn vel1icles and including
those referred to in section 22-284 not hereinafter specifically
required to be equipped with lamps, shall at the times speci-
fied in section 22-286 hereof be equipped with at last one
lighted lamp or lantern exhibiting a white light visible from
a distance of five hundred (500) feet to the front of such
vehicle and with a lamp or lantern exhibiting a red light visi-
ble from a distance of five hundred (500) feet to the rear.
(Code 1960, ~ 27-1812)
Stat? law reference-For similar provisions, see K.S.A. 8-588.
Sec. 22-298. Spot lamps and auxiliary lamps.
Sec. 22-298(1). Spot lamps. Any motor vehicle may be
equipped with not to exceed one spot lamp, and every lighted
spot lamp shall be so aimed and used upon approaching an-
other vehicle that no part of the high intensity portion of the
beam will be directed to the left of the prolongation of the
extreme left side of the vehicle nor more than one hundred
(100) feet ahead of the vehicle.
Sec. 22-298(2). Auxiliary driving lamps. Any motor vehicle
may be equipped with not to exceed two (2) auxiliary driving
lamps mounted on the front at a height not less than sixteen
958
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~ 22-298
MOTOR VEHICLES AND TRAFFIC
~ 22-299
(16) inches nor more than forty-two (42) inches above the
level surface upon which the vehicle stands. The provisions of
section 22-301 shall apply to any combination of head lamps
and auxiliary driving lamps.
Sec. 22-298(3). Auxiliary passing lampl:!. Any motor vehicle
may be equipped with not to exceed two (2) auxiliary passing
lamps mounted on the front at a height not less than twenty-
four (24) inches nor more than forty-two (42) inches above
the level surface upon which the vehicle stands. The provisions
of section 22-301 shall apply to any combination of head lamps
and auxiliary passing lamps.
Sec. 22-298(4,). Fog lamps. Any motor vehicle may be
equipped with not to exceed two (2) fog lamps mounted on the
front at a height not less than twelve (12) inches nor more
than thirty (30) inches above the level surface upon which
the vehicle stands, and so aimed that when the vehicle is not
loaded none of the high-intensity portion of the light to the
left of the center of the vehicle shall at a distance of twenty-
five (25) feet ahead project higher than a level of four (4)
inches below the level of the center of the lamp from which it
comes. Lighted fog lamps meeting the above requirements
may be used with lower head lamp beams as specified in sec-
tion 22-301 (2). (Code 1960, ~ 27-1813)
State law reference-For similar provisions, see K.S.A. 8-589.
Sec. 22-299. Signal lamps and devices.
Sec. 22-299(1). Any motor vehicle may be equipped and
when required under this chapter shall be equipped with the
following signal lamps or devices:
(a) A stop lamp or stop lamps on the rear which shall
emit a red or yellow light and which shall be actuated
upon application of the service (foot) brake and which
may but need not be incorporated with one or more
other rear lamps.
(b) A lamp or lamps or mechanical signal device capable
of clearly indicating any intention to turn either to the
right or to the left and which shall be visible both from
the front and rear. This paragraph shall not be ap-
plicable to motorcycles.
959
~ 22-299
SALINA CODE
~ 22-300
Sec. 22-299(2). Every stop lamp shall be plainly visible
and understandable from a distance of one hundred (100)
feet to the rear both during normal sunlight and at nighttime
and every signal lamp or lamps indicating intention to turn
shall be visible and understandable during daytime and night-
time from a distance of one hundred (100) feet both to the
front and rear. When a vehicle is equipped with a stop lamp
or other signal lamps, such lamp or lamps shall at all times
be maintained in good working conditioll, No stop lamp or
signal lamp shall project a glaring or dazzling light.
Sec. 22-299(3). All mechanical signal devices shall be self-
illuminated when in use at the times mentioned in section 22-
286.
Sec. 22-299(4). On and after December 1, 1959, every new
motor vehicle sold within this city shall be equipped with a
flashing light signal device capable of clearly indicating any
intention to turn, either to the right or to the left, and which
'shall be visible both from the front and the rear. (Code 1960,
S 27-1814)
State law reference--For similar provisions, see K.S.A. 8-590.
Sec. 22-300. Additional lighting equipment.
Sec. 22-300(1). Any motor vehicle m9Y be equipped with
not more than two (2) side cowl or fender lamps which shall
emit an amber or white light without glare.
Sec. 22-300(2). Any motor vehicle may be equipped with not
more than one running board courtesy lamp on each side there-
of, which shall emit a white or amber light without glare.
Sec. 22-300(3). Any motor vehicle may be equipped with not
more than two (2) backup lamps, either separately or in com-
bination with other lamps; except that q,ny such backup lamp
need not be continuously lighted when the motor vehicle is
in forward motion.
Sec. 22-300(4). Any commercial vehicle eighty (80) inches
or more in overall width may be equipped with not more than
three (3) identification lamps showing to the front which
shall emit an amber light without glare, and not more than
960
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!i 22-300
MOTOR VEHICLES AND TRAFFIC
~ 22-301
three (3) identification lamps showing to the rear which shall
emit a red light without glare. Such lamps shall be placed in
a row, and may be mounted either horizontally or vertically.
(Code 1960, S 27-1815)
State law reference--For similar provisions, see K.S.A. 8-591.
Sec. 22-301. Multiple-beam road-lighting equipment required.
Except as hereinafter provided, the head lamps, or the aux-
iliary driving lamp or the auxiliary passing lamp or combi.
nation thereof, on motor vehicles other than motorcycles or
motor-driven cycles shall be so arranged that the driver may
select at will between distributions of light projected to dif-
ferent elevations, and such lamps, may, in addition, be so ar-
ranged that such selection can be made automatically subject
to the following limitations:
Sec. 22-301 (1). There shall be an uppermost distribution
of light, or composite beam, so aimed and of such in-
tensity as to reveal persons and vehicles at a distance
of at least three hundred fifty (350) feet ahead for
all conditions of loading.
Sec. 22-301 (2). There shall be a lowermost distribution of
light, or composite beam, so aimed and of sufficient
intensity to reveal persons and vehicles at a distance
of at least one hundred (100) feet ahead; and on a
straight level road under any condition of loading none
of the high-intensity portion of the beam shall be di-
rected to strike the eyes of an approaching driver.
Sec. 22-301 (3). Every new motor vehicle, other than a motor-
cycle or motor-driven cycle, registered in this state
after January 1, 1956, which has multiple-beam road-
lighting equipment shall be equipped with a beam in-
dicator, which shall be lighted whenever the uppermost
distribution of light from the head lamps is in use. and
shall not otherwise be lighted. Said indicator shall be
so designed and located that when lighted it will be
readily visible without glare to the driver of the ve-
hicle so equipped. (Code 1960, S 27-1816)
State law reference-For similar provisions, see K.S.A. 8-592.
961
!l 22-302
SALINA CODE
~ 22-303
Sec. 22-302. Use of multiple-beam road-lighting equipment.
Sec. 22-302(1). Whenever a motor vehicle is being operated
on a roadway or shoulder adjacent thereto during the times
specified in section 8-581 of Kansas Statutes Annotated, section
22-286 of this chapter, the driver shall use a distribution of
light, or composite beam, directed high enough and of sufficient
intensity to reveal persons and vehicles at a safe distance in
advance of the vehicle, subject to the following requirements
and limitations.
Sec. 22-302(2). Whenever a driver of a vehicle approaches
an oncoming vehicle within five hundred (500) feet, such
driver shall use a distribution of light, or composite beam,
so aimed that the glaring rays are not projected into the eyes
of the oncoming driver. The lowermost cli8tribution of light,
or composite beam, specified in section 8-592 of Kansas Stat-
utes Annotated, section 22.:297 of this chapter, shaH be deemed
to avoid glare at all times, regardless of road contour and
loading.
Sec. 22-302(3). Whenever the driver of a vehicle follows
another vehicle within two hundred (200) feet to the rear,
except when engaged in the act of overtl:lking and passing,
such driver shall use a distribution of light permissible under
this chapter other than the uppermost distribution of light
specified in section 8-592 of Kansas Statutes Annotated, section
22-2,97 of this chapter. (Code 1960, S 27-1817)
State law reference-For similar provisions, see K.S.A. 8-593.
Sec. 22-303. Alternate road-lighting equipment.
Any motor vehicle may be operated under the conditions
specified in section 22-286 when equipped with two (2) lighted
lamps upon the front thereof capable of revealing persons
and objects seventy-five (75) feet ahead in lieu of lamps re-
quired in section 22-297: Provided, that at no time shall it
be operated at a speed in excess of twonty (20) miles per
hour. (Code 1960, S 27-1818)
State law reference-For similar provisions, see K.S.A. 8-595.
962
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~ 22-304
MOTOR VEHICLES AND TRAFFIC
~ 22-305
Sec. 22-304. Number of driving lamps required or permitted.
Sec. 22-304(1). At all times specified in section 22-286 at
least two (2) lighted lamps shall be di<<pJayed, one at each
side at the front of every motor vehicle except when such
vehicle is parked subject to the regulations governing lights
on parked vehicles.
Sec. 22-304(2). Whenever a motor vehicle equipped with
head lamps as herein required is also equipped with any aux-
iliary lamps or a spot lamp or any other lamp on the front
thereof projecting a beam of an intensity greater than three
hundred (300) candlepower, not more than a total of four
(4) of any such lamps on the front of a vehicle shall be lighted
at anyone time when upon a highway. (Code 1960, ~ 27-1819)
State law reference-For similar provisions, see K.S.A. 8-596.
Sec. 22-305. Special restrictions on lamps.
Sec. 22-305(1). Any lighted' lamps, or illuminating device
upon a motor vehicle other than head lamps, spot lamps, aux-
iliary lamps, flashing turn signals, emergency vehicle warning
lamps, and school bus warning lamps which project a beam of
light of an intensity greater than three hundred (300) candle-
power shall be so directed that no part of the high intensity
portion of the beam will strike the level of the roadway on
which the vehicle stands at a distance of more than seventy-
five (75) feet from the vehicle.
Sec. 22-305(2). No person shall drive or move any vehicle
or equipment upon any highway with any lamp or device
thereon displaying a red light visible from directly in front
thereof. This section shall not apply to any vehicles upon
which a red light visible from the front is expressly author-
ized or required by this chapter, and any such emergency ve-
hicle may be operated' either with two (2) alternating flash-
ing lights or a flashing dome light.
Sec. 22-305(3). Flashing lights are prohibited on motor ve-
hicles, except on an authorized emergency vehicle, school bus,
snow-removal equipment and maintenance equipment, or on
any vehicle as a means of indicating a right or left turn or
963
9 22-305
SALINA CODE
S 22-307
the presence of a vehicular traffic hazard reqmrlllg unusual
care in approaching, overtaking, or passing. Such authorized
emergency vehicles shall use a red flashing light and all other
flashing lights, except those indicating a right or left turn,
shall be amber lights. (Code 1960, S 27-1820)
State law reference--For similar provisions, see K.S.A. 8-597.
Sec. 22-306. Selling, using lamps or devices.
Sec. 22-306(1). No person shall have for sale, sell or offer
for sale for use upon or a'S a part of the equipment of a motor
vehicle, trailer or semitrailer or use upon any such vehicle
any head lamp, auxiliary or fog lamps, rear lamp, signal lamp
or reflector, which reflector is required hereunder, or parts
of any of the foregoing, which tend to change the original
design or performance, unless of a type which has been sub-
mitted to the commission and approved by it.
Sec. 22-306(2). No person 'Shall have for sale, sell or offer
for sale for use upon or as a part of the equipment of a
motor vehicle, trailer or semitrailer any lamp or device men-
tioned in this section which has been approved by the com-
mission unless such lamp or device bearfi thereon the trade-
mark or name under which it is approved so as to be legible
when installed.
Sec. 22-306(3). No person shall use upon any motor vehicle,
trailer or semitrailer any lamps mentioned in this section
unless said lamps are mounted, adjusted and aimed in accord-
ance with instructionE> of the commission. (Code 1960, S 27-
1821)
State law reference-For similar provisions, see K.S.A. 8-598.
Sec. 22-307. Brakes.
Sec. 22-307(1). Equipment required.
(a) Every motor vehicle or combination of vehicles other
than a motorcycle, when operated upon a highway, shall
be equipped with brakes adequate to control the move-
ment of and to stop and hold such vehicle or combina-
tion of vehicles, including two (2) separate means of
applying the brakes, each of which means shall be ef-
964
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~ 22-307
MOTOR VEHICLES AND TRAFFIC
~ 22-307
fective to apply the brakes to at least two (2) wheels.
If these two (2) separate means of applying the brakes
are connected in any way, they shall be 'so constructed
that failure to anyone part of the operating mechan-
ism shall not leave the motor vehicle without brakes
on at least two (2) wheels.
(b) Every motorcycle, bicycle and bicycle with motor at-
tached, when operated upon ;1 highway shall be
equipped with at least one brake, which may be operat-
ed by hand or foot.
Sec. 22-307(2). Performance ability.
(a) The service brakes upon any motor vehicle or combi-
nation of vehicles shall be adequate to stop such ve-
hicle or vehicles when traveling twenty (20) miles per
hour within a distance of thirty (30) feet when upon
dry asphalt or concrete pavement surface free from
loose material where the grade does not exceed one pe!"
cent (1 %).
(b) Under the above conditions the hand brake shall be
adequate to stop such vehicle or vehicles within a dis-
tance of fifty-five (55) feet and said hand brake shall
be adequate to hold such vehicle or vehicles stationary
on any grade upon which operated.
(c) Under the above conditions the service brakes upon
a motor vehicle equipped with two-whee! brakes only,
and when permitted hereunder, shall be adequate to
stop the vehicle within a distance of forty (40) feet
and the hand brake adequate to stop the vehicl~ within
a distance of fifty-five (55) feet.
(d) All braking distances specified in this section shall
apply to all vehicles mentioned, whether such vehicles
are not loaded or are loaded to the maximum capacity
permitted under this chapter.
(e) All brakes shall be maintained in good working order
and shall be so adjusted as to operate as equally as
practicable with respect to the wheels on opposite side
of vehicles. (Code 1960, ~ 27-1901)
State law reference-For similar provisions, see K.S.A. 8-5,101.
965
~ 22-308
SALINA CODE
~ 22-309
Sec. 22-308. Horns and warning devices.
Sec. 22-308(1). Every motor vehicle when operated upon
a highway shall be equipped with a horn in good working
order and capable of emitting sound audible nnder normal
conditions from a distance of not less than two hundred (200)
feet, but no horn or other warning device shall emit an un-
reasonably loud or harsh sound or a whistle. The driver of
a motor vehicle shall when reasonably necessary to insure
safe operation give audible warning with his horn, but shall
not otherwise use such horn when upon a highway.
Sec. 22-308(2). No vehicle shall be equipped with nor shall
any person use upon a vehicle any siren or bell, except as
otherwise permitted in this section.
Sec. 22-308(3). Any authorized emergency vehicle shall,
in addition to any other equipment and distinctive marking
required by this chapter, be equipped with a siren, whistle, or
bell, capable of emitting sound audible Ui1der normal condi-
tions from a distance of not less than five hundred (500)
feet and of a type approved by the department, but such siren
shall not be used except when such vehicle is operated in re-
sponse to but not returning from an emergency call or in the
immediate pursuit of an actual or suspeeted violator of the
law, in which said latter events the driver of such vehicle
shall sound said siren when necessary to warn pedestrians
and other drivers of the approach thereof. (Code 1960, 9 27-
1902)
State law reference-For similar provisions, see K.S.A. 8-5,102.
Sec. 22-309. Mufflers and prevention of noise, fumes.
Sec. 22-309(1). Every motor vehicle ~hall at all times be
equipped with a muffler in good working order and in con-
stant operation to prevent excessive or unusual noise and
annoying smoke, and no person shall URe a muffler cutout,
bypass or similar device upon a motor vehicle on a highway.
Sec. 22-309(2). The engine and power mechanism of every
motor vehicle shall be so equipped and adjusted as to prevent
the escape of excessive fumes or smoke. (Code 1960, 9 27-
1903)
State law reference-For similar provisions, see K.S.A. 8-5,103.
966
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~ 22-310
MOTOR VEHICLES AND TRAFFIC
~ 22-313
Sec. 22-310. Mirrors.
Every motor vehicle which is so constructed or loaded as
to obstruct the driver's view to the rear thereof from the
driver's position shall be equipped with a mirror so located
as to reflect to the driver a view of the highway for a distance
of at least two hundred' (200) feet to the rear of such vehicle.
(Code 1960, S 27-1904)
State law reference--For similar provisions, see K.S.A. 8-5,104.
Sec. 22-311. Windshields to be unobstructed.
No person shall drive any motor vehicle with any sign,
poster or other nontransparent material upon th~ front wind-
shield, sidewings, side or rear windows of such vehicle other
than a certificate or other paper required to be so displayed by
law. (Code 1960, S 27-1905)
State law reference-For similar provisions, see K.S.A. 8-5,105(a).
Sec. 22-312. Windshield wipers required.
The windshield on every motor vehicle shall be equipped
with a device for cleaning rain, snow or 0ther moisture from
the windshield, which device shall be so constructed' as to be
controlled or operated by the driver of the vehicle. (Code 1960,
S 27-1905)
State law reference-For similar provisions, see K.S.A. 8-5,105(b).
Sec. 22-313. Restrictions as to tire equipment.
Sec. 22-313(1). Every solid rubber tire on a vehicle shall
have rubber on its entire traction surface at least one inch
thick above the edge of the flange of the entire periphery.
Sec. 22-313(2). No person shall operate or move on any
highway any motor vehicle, trailer or semitrailer having anr
metal tire in contact with the roadway.
Sec. 22-313(3). No tire on a vehicle moved on a highway
shall have on its periphery any block, stud, flange, cleat, or
spike or any other protuberances of any material other than
rubber which projects beyond the tread of the traction sur-
face of the tire, except that it shall be permissible to use farm
machinery with tires having protuberances which will not
967
9 22-313
SALINA CODE
9 22-324
injure the highway, and except also that it shall be permis-
sible to use tire chains of reasonable proportions upon any
vehicle when required for safety because of snow, ice or other
conditions tending to cause a vehicle skid',:md except that the
state highway commission is authorized to approve tires with
metallic or nonmetallic studs which will not injure the high-
way and to issue and enforce regulations establishing stand-
ards and specifications for the approval of such studs.
Sec. 22-313(4). The board of commissioners may, in their
discretion, issue special permits authorizing the operation
upon a highway of traction engines or tractors having movable
tracks with traverse corrugations upon the periphery of such
movable tracks or farm tractors or other farm machinery, the
operation of which upon a highway could otherwise be pro-
hibited under this chapter. (Code 1960, S 27-1906)
State law reference-For similar provisions, see K.S.A. 8-5,106.
See. 22-314. Requirements for vehicles transporting explo-
sives.
Any person operating any vehicle transporting any ex-
plosive as a cargo or part of a cargo upon a highway shall at
all times comply with the provisions of this section:
Sec. 22-314(1). Said vehicle shall be marked or placarded'
on each side and the rear with the words "explosives"
in letters not less than eight (8) inches high, or there
shall be displayed on the rear of such vehicle a red
flag not less than twenty-four (24) inches square
marked with the word "danger" in white letters six
(6) inches high.
Sec. 22-314(2). Every said vehicle shall be equipped with
not less than two (2) fire extinguishers, filled and
ready for immediate use, and placed' at a convenient
point on the vehicle so used. (Code 1960, S 27-2001)
State law reference-For similar provisions, see K.S.A. 8-5,109.
Sees. 22-315-22-324. Reserved.
968
e
S 22-325
MOTOR VEHICLES AND TRAFFIC
S 22-327
Article XIII. Size, Weight and Load
Sec. 22-325. Compliance required.
It shall be unlawful for any person to drive or move, or
for the owner to cause or knowingly permit to be driven or
moved on any highway any vehicle or vehicles of a size or
weight exceeding the limitations stated in this article or other-
wise in violation of this article, and the maximum size and
weight herein specified shall be lawful throughout the city.
(Code 1960, 9 27-2101)
State law reference-For similar provisions, see K.8.A. 8-5,1l3(a).
Sec. 22-326. Exemptions.
e
The provisions of this article governing size, weight and
load shall not apply to fire apparatus, road machinery, 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 1960, S 27-2101)
Sec. 22-327. Width.
Sec. 22-327(1). The total outside width of any vehicle or
the load thereon shall not exceed eight (8) feet except as
otherwise provided in this section.
e
Sec. 22-327(2). The total outside width of a farm tractor
shall not exceed ten (10) feet.
Sec. 22-327(3). 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 chapter, 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 Elhall not exceed eight (8) feet.
Sec. 22-327(4). The total outside width of the body of a
bus used in local urban transit operations shall not exceed
eight (8) feet six (6) inches.
969
~ 22-327
SALINA CODE
II 22-329
Sec. 22-327(5). A house trailer or mobile home which ex-
ceeds the width as provided in section 22-327 (3) of this sec-
tion may be moved on the highways of this state upon the ob-
taining of a special permit as provided in section 8-5,122 of
K.S.A., if the driver of the vehicle pulling such mobile home
or house trailer has a valid chauffeur's license and if such
driver carries with him evidence that '3uch house trailer or
mobile home and the vehicle pulling it are covered by liability
insurance with limits of no less than twenty-five thousand
dollars ($25,000.00) for injury to anyone person, and fifty
thousand dollars ($50,000.00) for injury to persons in anyone
accident, and ten thousand dollars ($10,000.00) for injury
to property. (Code 1960, !i 27-2102)
State law reference-For similar provisions, see K.S.A. 8-5,114(e).
Sec. 22-328. Projecting loads on passenger vehicles.
No passenger type vehicle shall be operated on any high-
way with any load carried thereon extending beyond the line
of the fenders on the left side of such vehicle nor extending
more than six (6) inches beyond the line of the fenders on
the right side thereof. (Code 1960, ~ 27-211)3)
State law reference-For similar provisions, see K.S.A. 8-5,115.
Sec. 22-329. Height and length.
Sec. 22-329(1). No vehicle unladen or with load shall exceed
a height of thirteen (13) feet six (6) inches.
Sec. 22-329(2). No motor vehicle or single truck shall ex-
ceed a length of forty-two and a half (421/2) feet extreme
overall dimensions, inclusive of front and rear bumpers except
no single bus shall have an overall length, inclusive of front
and rear bumpers, and no trailer or semitrailer shall exceed
forty-two and a half (421f2) feet in length.
Sec. 22-329(3). No combination of truck-tractor and semi-
trailer shall have an overall length, inclusive of front and rear
bumpers, in excess of fifty-five (55) feet except that such a
combination specially designed to transport motor vehicles or
boats may itself have a length of sixty (60) feet.
Sec. 22-329 ( 4). No other combination of vehicles coupled
together shall exceed a total length of sixty-five (65) feeL
970
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9 22-329
MOTOR VEHICLES AND TRAFFIC
9 22-330
Provided, that 'Such other combinations of vehicles coupled
together having a total length of more than fifty-five (55)
feet but not more than sixty-five (65) feet may be operated
only on such highways and routes as shall be approved and
designated for such operations by the state highway commis-
sion.
e
Sec. 22-329 (5). 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 daytime when transporting poles,
pipe, machinery or other objects of a structural nature which
cannot readily be dismembered and vehicles transporting
such objects at nighttime by a public utility when required
for emergency repair of public service facilities or property
or when operated under special permit ciS provided in K.S.A.
8-5, 122, 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.
Sec. 22-329(6). The load' upon any vehicle operated alone,
or the load upon the front vehicle of a combination of ve-
hicles, shall not extend more than three (3) feet beyond the
front wheels of such vehicle or the front bumper of 'Such vehi-
cle if it is equipped with such a bumper. (Code 1960, S 27-
2104)
State law reference-For similar provisions, see K.S.A. 8-5,116.
Sec. 22-330. Spilling loads.
e
No vehicle shall be driven or moved on any highway unless
such vehicle is so constructed or loaded as to prevent any of
its load from dropping, !'lifting, leaking or otherwise escaping
therefrom except that sand may be dropped for the purpose
of securing traction, or water or other substance may be
sprinkled on a roadway in cleaning or maintaining such road-
way. (Code 1960, S 27-2105)
State law reference-For similar provisions, see K.S.A. 8-5,117.
971
~ 22-331
SALINA CODE
~ 22-332
Sec. 22-331. Trailers and towed vehicles; drawbar connection
and safety hitch.
Sec. 22-331 (1). When one vehicle is towing another the
drawbar or other connection shall be of sufficient strength
to pull, stop or hold all weight towed thereby, and said draw-
bar or other connection shall not exceed fifteen (15) feet
from one vehicle to the other except the connection between
any two (2) vehicles transporting poles, pipe, machinery or
other objects of structural nature, which cannot readily be
dismembered.
Sec. 22-331 (2). In addition to the drawbar connections be-
tween any two such vehicles there shall be provided an ade-
quate safety hitch.
Sec. 22-331 (3). When one vehicle is towing another and the
connection consists of a chain, rope or cable, there shall be
displayed upon such connection a white flag or cloth not less
than twelve (12) inches square. (Code 1960, ~ 27-2106)
State law reference-For similar provisions, see K.S.A. 8-5,118.
Sec. 22-332. Wheel and axle loads.
Sec. 22-332(1). The gross weight upon any wheel of a ve-
hicle shall not exceed the following:
(a) When the wheel is equipped with a high pressure pneu-
matic, solid rubber or cushion tire, eight thousand
(8,000) pounds.
(b) When the wheel is equipped with a low pressure pneu-
matic tire, nine thousand (9,000) pounds.
Sec. 22-332(2). The gross weight upon anyone axle of a
vehicle shall not exceed the following:
(a) When the wheels attached to said axle are equipped
with high pressure pneumatic, solid rubber or cushion
tires, sixteen thousand (16,000) pounds.
(b) When the wheels attached to said axle are equipped
with low pressure pneumatic tires, eighteen thousand
(18,000) pounds.
Sec. 22-332(3). For the purposes of this sedion, an axle
load shall be defined as the total load on all wheels whose
972
e
S 22-332
MOTOR VEHICLES AND TRAFFIC
S 22-334
centers are included within two (2) parallel transverse verti-
cal planes not more than forty (40) inches apart, and further,
than any axle placed within seven (7) feet of any adjacent
axles shall at all times carry its proportionate part of the load
permitted on such pair of axles.
Sec. 22-332 ( 4). For the purposes of this section, every pneu-
matic tire designed for use and used when inflated 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. (Code 1960,
S 27-2107)
State law reference-For similar provisions, see K.S.A. 8-5, 119.
Sec. 22-333. Gross weight.
e
No vehicle or combination of vehicles shall be moved or
operated on any street or bridge when the gross weight there-
of exceeds the limits specified in K.S.A. 8-5,120. (Code 1960,
S 27-2108; Ord. No. 6814, S 1, 9-14-64)
State law reference-For similar provisions, see K.S.A. 8-5, 120.
Sec. 22-334. Authority to weigh vehicles, require removal of
excess loads.
e
Sec. 22-334(1). Any police officer having reason to believe
that the weight of a vehicle and load is unlawful is authorized
to require the driver to stop and submit to a weighing of the
same either by means of portable or stationary scales, and may
require that such vehicle be driven to the nearest scale in
the event such scales are within five (5) miles.
Sec. 22-334(2). Whenever an officer upon weighing a ve-
hicle and load, as above provided, determines that the weight
is unlawful, such officer 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 to such limit as permitted
under this chapter. All material so unloaded shall be cared
for by the owner or operator of such vehicle at the risk of
such owner or operator.
SuPp. No.4
973
~ 22-334
SALINA CODE
g 22-345
Sec. 22-331,(3). Any driver of a vehicle who fails or refuses
to stop and submit the vehicle and load to a weighing, or who
fails or refuses when directed by an officer upon a weighing
of the vehicle, to stop the vehicle and otherwise comply with
the provisions of this section, shall be guilty of a violation.
(Code 1960, S 27-2109)
State law reference-For similar provisions, see K.S.A. 8-5, 121.
Sec. 22-335. Through truck traffic prohibited on certain
streets; when permitted.
Whenever, by resolution of the board of commissioners, 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
appropriate signs giving notice thereof, and after the erection
of such signs, it shall be unlawful for any person to operate a
truck having a gross vehicle weight of over 16,000 pounds
thereon for any purpose other than making deliveries to prem-
ises located within the corporate limits of the city. (Ord. No.
7004, S 1, 7-24-67)
Amendment note-Section 1 of Ord. No. 7004 amended this Code by
adding ~ 22-335.
Secs. 22-336-22-343. Reserved.
Article XIV. Violations and Penalties
Sec. 22-344. Violation prohibited.
It is unlawful for any person to violate any of the provi-
sions of any section of this chapter. (Code 1960, S 27-2201)
State law reference-For similar provisions, see K.S.A. 8-5, 125(a).
Sec. 22-345. Procedure on arrest for violation of provisions the
same as state law.
Sec. 22-345(1). Whenever a person is arrested for the vio-
lation of a provision of this chapter or ordinance of any city
defining any offense, the provisions of which are identical
with provisions of any section of article 5 of chapter 8 of the
Kansas Statutes Annotated, or fixing a limitation upon the
speed of vehicles pursuant to the provisions of such article,
and such person is not given an immediate hearing required
Supp. No.4
974
e
e
e
~ 22-345
MOTOR VEHICLES AND TRAFFIC
~ 22-345
by law, the arresting officer shall prepare in duplicate written
notice to appear in court containing the name and address
of such person, the license number of his vehicle, the offense
charged, and the time and place when such person shall appear
in the police court of the city. The time specified in said notice
to appear must be at least five (5) days after such arrest un-
less the person arrested shall demand an earlier hearing.
The arrested person in order to secure release as provided
in this section, must give his written promise so to appear in
court by signing in duplicate the written notice prepared by
the arresting officer. The original of said notice shall be re-
tained by said officer and the copy thereof delivered to the
Supp. No.4
974.1
e
e
e
~ 22-345
MOTOR VEHICLES AND TRAFFIC
~ 22-346
person arrested. Thereupon, subject to the provisions of sub-
section (2) of this section, said officer shall forthwith release
the person arrested from custody.
Sec. 22-345(2). Notwithstanding any other provisions of
this section or of this act, whenever any person shall be ar-
rested for the violation of any of the provisions of this chapter
or an ordinance of the city defining any offense described in
subsection (1) of this section and such person is not given
an immediate hearing as hereinbefore provided upon the
adoption by the city of an ordinance authorizing and prescrib-
ing the amount of bond which may be required for designated
offenses, the arresting officer may require. the person so
arrested to give bond in the amount specified in such ordi-
nance for the offense for which arrested which bond shall
be subject to forfeiture if said person so arrested does not
appear for trial at the time specified in the written notice pro-
vided for in subsection (1) of this section. Such bond shall be
a cash bond and shall be taken in the following manner: The
arresting officer shall furnish the person arrested a stamped
envelope addressed to the jud'ge and the person arrested shall
place in such envelope the amount of the bond, and in the
presence of the arresting officer shall deposit the same in
the United States mail.
Sec. 22-345(3). The offenses for which appearance bonds
may be required as provided in subsection (2) of this section
and the amounts thereof shall be prescribed by ordinance of
the city.
Sec. 22-345 (4). In the event of forfeiture of any of the bonds
authorized by the provisions of this section, then five dollars
($5.00) of said forfeited bond' shall be regarded as court costs.
State law reference-For similar provisions, see K.S.A. 8-5,129a.
Sec. 22-346. Failure to appear prohibited; procedure.
(a) Prohibited. It shall be unlawful for any person to fail
to appear or answer a complaint or summons.
(b) Residents. The court shall issue a warrant for the
arrest of any defendant who is a resident of this state and
who fails to appear or answer a traffic complaint or summons
975
~ 22-346
SALINA CODE
~ 22.348
served upon him and upon which a complaint has been filed.
If the warrant is not executed within thirty (30) days after
issue, the court shall promptly report the name of the de-
fendant, the date and nature of the traffic offense charged,
the license number of the motor vehicle involved in the of-
fense, and all other pertinent facts to the motor vehicle
department of the state. A copy of the report shall be filed
with the complaint. The court shall then work the case as
closed on its records, subject to being reopened if the appear-
ance of the defendant is thereafter obtained.
(c) Nonresidents. If a defendant not a resident of this state
fails to appear or answer a traffic complaint or summons,
served upon him and upon which a complaint has been filed
within thirty (30) days after the return date of the com-
plaint or summons, the court shall mail a notice to the de-
fendant at the address stated in the complaint sending a coPY
of the notice to the motor vehicle department and filing a
copy with the complaint. If the defendant fails to appear or
otherwise answer within thirty (30) days after the mailing
of notice, the court shall work the case as closed on its rec-
ords, subject to being reopened if the defendant thereafter
appears or otherwise answers.
Sec. 22-347. Penalties established.
Any person convicted of a violation of this chapter, or the
failure to comply herewith, shall be punished as provided by
section 1-8 of this Code, unless another penalty is specifically
provided.
Sec. 22-348. Parties to offenses.
Every person who commits, attempts to commit, conspires
to commit or aids or abets in the commission of any act de-
clared herein to be unlawful, whether inrlividually or in con-
nection with one or more other persons or as principal, agent
or accessory, shall be guilty of such offeme, and every person
who falsely, fraudulently, forcibly or wilfully induces, causes,
976
e
e
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9 22-348
MOTOR VEHICLES AND TRAFFIC
9 22-350
coerces, requires, permits or directs another to violate any
provision of this chapter, is likewise guilty of such offense.
(Code 1960, S 27-2202)
State law reference-For similar provisions, see K.S.A. 8-5,127.
Sec. 22-349. Offenses by persons owning or controlling ve-
hicles.
It is unlawful for the owner, or any other person, employ-
ing or otherwise directing the driver of any vehicle, to re-
quire or knowingly to permit the operation of such vehicle
upon a highway in any manner contrary to law. (Code 1960,
S 27-2203)
State law reference--For similar provisions, see K.S.A. 8-5,127.
Sec. 22-350. Record and report of violations.
Sec. 22-350(1). The police judge shall keep a full record of
every case in which a person is charged with a violation of this
chapter or of an ordinance of any city defining any offense,
the provisions of which are identical with provisions of K.S.A.
Chapter 8, Article 5, or fixing a limitation upon the speed of
vehicles.
Sec. 22-350(2). Within ten (10) days after the conviction
or forfeiture of bail or an appearance bond of a person upon
a charge of violating any provisions of this article or a city
ordinance regulating the operation of vehicles on highways
the judge shall prepare and' immediately forward to the state
department of motor vehicles an abstra~t of the record of
said court covering the case in which said person was so con-
victed or forfeited bail or bond, which abstract must be certi-
fied by the person so required to prepare the same to be true
and correct.
Sec. 22-350(3). Said abstract must be made upon a form
furnished by the state department of motor vehicles and shall
include the name and address of the party charged, the reg-
istration number of the vehicle involved, the nature of the
offense, the date of hearing, the plea, the jUdgment, or wheth-
er bail or bond forfeited and the amount of the fine or for-
feiture as the case may be.
977
~ 22-350
SALINA CODE
~ 22-352
Sec. 22-350(4). The failure, refusal, or neglect of the police
judge to comply with any of the requirements of this section
shall constitute misconduct in office and shall be ground for
removal therefrom.
Sec. 22-350(5). The clerk of any court of record to which
a conviction for violation of any of the laws described in sec-
tion 22-350 (1) has been appealed shall within ten (10) days
of the final disposition of said appeal forward a notification
of such final disposition to the state department of motor
vehicles.
State law reference--For similar provisions, see K.S.A. 8-5,131.
Sec. 22-351. Parental responsibility for violations by children.
Any parent or guardian of any child under the age of six-
teen (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 guardian 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 per-
mit the use by any such child of any bicycle or other vehicle in
violation of the provisions of this chapter, and the continued
violation by any such child of any provisions of this chapter
after notice of such violation 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 guardian. (Code
1960, S 27-1602)
Sec. 22-352. Police to take up bicycles, vehicles used by chil-
dren in violations.
If any child under the age of sixteen (16) years shall op-
erate or ride on any bicycle or other vehicle in violation of
the provisions of this chapter or if any such bicycle or other
vehicle, or the equipment of the same, fails to comply with the
requirements 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
arrangements are made by such parent or guardian to comply
with the requirements of this chapter. (Code 1960, S 27-1603)
[The next page is 1003]
978
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Chapter 22A
NEIGHBORHOOD CENTERS
Art. I. Neighborhood Centers Board, ~~ 22A-1-22A-5
ARTICLE I. NEIGHBORHOOD CENTERS BOARD
Sec. 22A-I. Neighborhood centers board created.
There is hereby created a neighborhood centers board to
assist in the operation and administration of the city's neigh-
borhood centers. (Ord. No. 8668, ~ 1, 10-16-78)
e
Sec. 22A-2. Membership; appointment and term.
The neighborhood centers board shall consist of seven (7)
members, each of whom shall be a resident of the city and ap-
pointed by the mayor, with the approval of the board of
commissioners. A majority of the members of the board shall
reside within the area served by the various neighborhood
centers. Initial appointments to the board shall be for terms
of one, two (2) and three (3) years and thereafter all ap-
pointments shall be for a term of three (3) years and until a
successor is appointed and qualified; provided however, that
no person shall be appointed for more than two (2) consecu-
tive full terms. (Ord. No. 86'68, ~ 1, 10-1,6-78)
See. 22A-3. Organization.
The board shall annually organize and elect from its mem-
bers a chairperson and such other officers as it may deem
necessary or required. (Ord. No. 8668, ~ 1, 10-16-78)
e
See. 22A-4. Duties and powers.
The neighborhood centers board shall have the following
duties and powers:
(a) To hold regular public meetings and keep a written
record of its proceedings which shall be public record.
Supp. No. 24
989
~ 22A-4
SALINA CODE
~ 22A-5
(b) To annually review the neighborhood centers of the
City of Salina, Kansas.
(c) To adopt rules and regulations for the operation and
administration of the neighborhood centers in accord-
ance with the general policies of operations as may be
determined by the board of city commissioners from
time to time.
(d) To recommend to the board of city commissioners future
neighborhood center needs and the location thereof.
(e) To recommend to the board of city commissioners capi-
tal improvements to the neighborhood centers.
(f) In general, to act as an advisory group to the board
of city commissioners, the city manager and human
resources coordinator in regards to the operation and
needs of the City of Salina, Kansas, for neighborhood
centers. (Ord. No. 8668, ~ 1, 10-16-78)
Sec. 22A-5. Annual report.
The board shall prepare and submit through the city man-
ager to the board of city commissioners an annual report of
its activities during the past year, together with recommenda-
tions it might have concerning the neighborhood centers in
the City of Salina, Kansas. (Ord. No. 8668, ~ 1, 10-16-78)
[The next page is 1003]
Supp. No. 24
990
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Chapter 23
OFFENSES-MISCELLANEOUS*
Art. I. In General, {l{l 23-1-23-14
Art. II. Offenses Against Property, {l{l 23-15-23-42
Art. III. Offenses Affecting Administration of Justice, {l~ 23-43-23-67
Art. IV. Offenses Against Morals and Decency, {l~ 23-68-23-106
Art. V. Offenses Against Peace and Order, ~~ 23-107-23-123
Art. VI. Weapons, {l{l 23-124-23-145
Art. VII. Miscellaneous Offenses, {l{l 23-146-23-170
Art. VIII. Inoperable Vehicles, {l{l 23-171-23-179
Article I. In General
Sec. 23-1. Offenses and construction of terms.
The provisions of the laws of the State of Kansas relating
to misdemeanors in reference to offenses and construction
of terms insofar as the same relate to and are applicable shall
apply to this chapter. (Code 1960, ~ 23-102)
e
Sec. 23-2. Aiding and abetting.
Every person who shall wilfully assist or advise, aid or abet
any other person in the commission of any of the offenses
named in this chapter shall, upon conviction thereof, be pun-
ished in the same manner as the principal offender. (Code
1960, ~ 23-103)
State law reference-For similar provisions, see K.S.A. 62-1016.
e
Sec. 23-3. Attempts prohibited; punishment.
It shall be unlawful for any person to attempt to commit
any offense herein defined, and any person who in such at-
tempt shall do any act toward the commission of any such
offense but shall fail in the perpetration thereof, or shall be
prevented or intercepted in executing the same, shall, upon
conviction thereof, be fined not to exceed one-half (112) of
the greatest fine which may be imposed upon conviction of
such offense or may be sentenced for a term not to exceed
one-half (112) of the greatest term which could be imposed
upon conviction of such offense. (Code 1960, ~ 23-104)
State law reference--For attempts, see K.S.A. 21-101.
*Cross reference--For traffic regulations, see Ch. 22.
Supp. No. 12
1003
~ 23-4
SALINA CODE
~ 23-17
Sec. 23-4. Merger of attempt with completed offense.
No person shall be convicted of an assault with intent to
commIt an otfense, or of any other attempt to commit any
offense, when it shall appear that the offense intended or
attempted was perpetrated by such person at the time of
such assault or in pursuance of such attempt. (Code 1960,
~ 23-105)
State law reference-For similar provisions, see K.S.A. 21-102.
Secs. 23-5-23-14. Reserved.
Article II. Offell8es Against Property
Sec. 23-15. Criminal trespass-Prohibited.
Whoever enters upon the land or into any structure, vehi-
cle, aircraft or watercraft of another or any part thereof; or
any land structure, vehIcle, aircraft or watercraft or any part
thereof owned by the city or by the County of Saline or the
State of Kansas, all as may be located within the corporate
limits of the city, after receiving, prior to such entry, notice
from the owner or occupant, or any person having lawful
control thereof that such entry is forbidden, or remains upon
or within such property after receiving notice from the own-
er or occupant or any person having lawful control thereof
to depart, shall be guilty of criminal trespass.
Sec. 23-16. Same-Notice.
A person has received notice from the owner or occupant
or any person having lawful control thereof within the mean-
ing of section 23-15 if he has been notified personally, either
orally or in writing, or if a printed or written notice for-
bidding such entry is conspicuously posted or exhibited in a
manner reasonably likely to come to the attention of intruders.
Sec. 23-17. Damaging, removing boundary or grade markers.
Any person who shall injure, uncover, dig up, pull up or
in any manner remove, deface or destroy any stake, stone
or monument established or located in any place in this city
Supp. No. 12
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OFFENSES-MISCELLANEOUS
~ 23-21
for the purpose of marking the boundary of any lot, street,
avenue, alley or public ground of said city, or established or
located for the purpose of determining the location of grades,
shall be guilty of a misdemeanor. (Code 1960, ~ 23-1117)
State law reference-Removing, defacing, altering landmarks, K.S.A.
21-573.
Sec. 23-18. Damaging, removing house and street numbers.
Any person who shall remove, destroy, carry away, or in
any manner deface or disfigure any house number, street or
avenue name, or number in the city shall be guilty of a mis-
demeanor. (Code 1960, ~ 23-1110)
Sec. 23-19. Embezzlement.
It shall be unlawful for any person to embezzle any money,
personal property or effects of another, under the value of
fifty dollars ($50.00) (the same not being a felony without
regard to value). (Code 1960, ~ 23-407)
State law reference-For embezzlement, see K.S.A. 21-545-21-550.
Sec. 23-20. False pretenses; obtaining property by.
Any person who shall, with intent to cheat or defraud
another, obtain from any other person or persons any money,
property or valuable thing of the value of less than fifty
dollars ($50.00) (the same not being a felony without regard
to value), 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
instrument or spurious coin or metal, shall be guilty of a
misdemeanor. (Code 1960, ~ 23-410)
State law reference-For similar provisions, see K.S.A. 21-551.
Sec. 23-21. Fruit; entering enclosure, carrying away.
If any person or persons shall maliciously or mischievously
enter the inclosure of any person and pick, destroy or carry
away any apples, pears, peaches, plums, grapes or other fruit
of any tree, shrub, bush or vine, he shall be deemed guilty
of a misdemeanor. (Code 1960, S 23-403)
State law reference-For similar provisions, see K.S.A. 21-536.
1005
~ 23-22
SALINA CODE
~ 23-26
Sec. 23-22. Littering.
Any person who shall sweep, throw or deposit, in any man-
ner, 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 belong to himself or another, any
shavings, paper, paper cuttings, envelope,;, wrappers, wrap-
ping paper, bills, dodgers, advertisements, or any scraps,
or anything what-soever, which can be, or is likely to be blown
by the wind along the street or walks or from .place to place,
shall be guilty of a misdemeanor. (Code 1960, ~ 23-417)
Cross reference-For refuse and trash regulations generally, see Ch.
31.
Sec. 23-23. Malicious mischief.
Whoever shall wilfully and maliciously remove, cut, mar,
displace, deface, break, dig up or quarry, injure, damage or
destroy the property of another, either public or private,
shall be guilty of a misdemeanor. (Code 1960, ~ 23-411)
State law reference~For malicious mischief, see KS.A. 21-570-21-
576.
Sec. 23-24. Petit larceny.
Every person who shall steal, take and carry away any
money or personal property or effects of another under the
value of fifty dollars ($50.00) (not being the subject of
grand larceny, without regard to value) 'Shall be deemed
guilty of a misdemeanor. (Code 1960, ~ 23-401)
State law referenc~For similar provisions, see KS.A. 21-535.
Sec. 23-25. Picking pockets, taking property from person.
Whoever shall unlawfully pick the pockets of another or
unlawfully take from the person of another any personal
property with intent to steal the same shall be guilty of a
misdemeanor. (Code 1960, S 23-404)
State law reference-For similar provisions, see KS.A. 21-2422.
Sec. 23-26. Railroads, railroad property.
Any person who shall climb, jump, stop, stand upon, cling
to or in any manner attach oneself to any locomotive, engine
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OFFENSES-MISCELLANEOUS
~ 23-29
or railroad car, either stationary or in motion, belonging to
any railroad' company, except when on business with such
company, or interfere with anything belonging to said engine
or car as aforesaid on any railroad in the city; or interfere
with any goods or buildings in the care or under the control
of such company in said city, unless by the consent of said
railroad, shall be guilty of a misdemeanor. (Code 1960, ~
23-1135)
Sec. 23.27. Receiving stolen property-Prohibited.
Every person who shall buy, or in any way receive any
goods, money, rights in action, persona! property or any
valuable security 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, shall be
guilty of a misdemeanor: Provided', that if any such person
shall buy or receive any goods, money or personal property
so stolen, embezzled or obtained from a minor under the age
of eighteen (18) years, such fact shall be prima facie evi-
dence of knowledge 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. (Code
1960, ~ 23-408)
State law reference-For similar provisions, see K.S.A. 21-549.
Sec. 22-28. Same-Conviction of principal not necessary.
In any complaint for any offense specified in the preceding
section, it shall not be necessary to aver, nor on the trial to
prove that the principal who embezzled, took, secreted or
stole such property has been convicted. (Code 1960, ~ 23-409)
State law reference-For similar provisions, see K.S.A. 21-550.
Sec. 23-29. Shoplifting.
Any person who shall willfully take possession of any good's,
wares or merchandise under the value of fifty dollars ($50.00)
and not the subject of grand larceny offered for sale by any
store or other mercantile establishment with the intention of
1007
S 23-29
SALINA CODE
S 23-32
converting the same to his own use without paying the pur-
chase price thereof, shall be guilty of the misdemeanor of
shoplifting. (Code 1960, S 23-402)
State law reference--For similar provisions, see K.S.A. 21-535a.
Sec. 23-30. Taking city property.
Any person who shall unlawfully take possession of any
property, real or personal, belonging to the city or to the
possession of which the city is entitled, or commit any willful
trespass thereon or unlawfully withhold the possession thereof
from the city, shall be guilty of a misdemeanor. The unlawful
withholding of the same after due demand shall constitute a
new and separate offense and shall be punished in like manner
as herein provided for unlawfully taking possession thereof.
(Code 1960, S 23-415)
Sec. 23-31. Taking, using property of another temporarily.
Any person who shall take, carry away and nse any horse
or other domestic animal, or any automobile or other vehicle
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, shall be
guilty of a misdemeanor. (Code 1960, S 23-406)
State law reference-For similar provisions, see K.S.A. 21-544.
Sec. 23-32. 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 any-
thing therein, or willfully, wantonly or carelessly injure any
water pipes or wantonly or mischievously handle or meddle
with the same or any part thereof withi.n the city: Provided,
that the provisions of this section with reference to opening
and loosening any bolts or screws and parts of such hydrants
or insertion of anything therein, shall not apply to the mem-
bers of the fire department of the city, the officers or au-
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OFFENSES-MISCELLANEOUS
~ 23-45
thoritifls of the city or to any person having lawful authority
to open, repair, touch or control or use the same. (Codei 1960,
S 23-405)
Cross reference-For water and sewers generally, see Ch. 35.
Sees. 23-33-23-42. Reserved.
Article III. Offenses Affecting Administration of
Justice
Sec. 23-43. Assaulting officer.
Every person who shall knowingly and willfully assault,
beat or wound any public officer, his deputy or lawful assist-
ant, while in the discharge of an official duty shall be
guilty of a misdemeanor. (Code 1960, S 23-502)
State law reference-For similar provisions, see KS.A. 21-719.
Sec. 23-44. Compounding or concealing offense.
Every person having knowledge of the actual commISSIon
of any offense under this Code or the ordinances of the city
who shall take any money, property, gratuity or reward, or
any promise, engagement or undertaking thereof, upon any
agreement or understanding, express or implied, to compound
or conceal such offense, or to abstain from any prosecution
thereof, or to withhold any evidence thereof, shall be guilty
of a misdemeanor. (Code 1960, S 23-501)
State law reference-For compounding or concealing misdemeanor see
KS.A. 21-714.
Sec. 23-45. Escapes and rescues-Rescuing prisoners prohib-
ited.
If any person shall, by force, set at liberty or rescue any
person in custody or jail for any offense in violation of this
Code or the ordinances of this city, whether before or after
conviction, such person so offending shall be guilty of a mis-
demeanor. (Code 1960, S 23-504)
State law reference-For rescuing prisoners, see K.S.A. 21-720-21-
723.
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~ 23-46
SALINA CODE
~ 23-50
Sec. 23-46. Same-Attempting to rescue.
Every person who shall attempt, by force, to set at liberty
or rescue any prisoner in custody for any offense in violation
of this Code or any other ordinance whether before or after
conviction shall be guilty of a misdemeanor. (Code 1960, ~
23-505 )
State law reference-For attempting to rescue prisoners, see K.S.A.
21-724, 2,1-725.
Sec. 23-47. Same-Conveying instruments into jail to aid es.
cape.
Every person who shall convey into any jail or place of
confinement any disguised instrument, or anything proper
or useful to facilitate the escape of any prisoner lawfully
committed to or detained therein for violation of this Code or
any ordinance, whether such escape be effected or not, shall
be guilty of a misdemeanor. (Code 1960, S 23-506)
State law reference-For conveying instruments into jail to aid es-
cape, see K.S.A. 21-726-21-727.
Sec. 23-48. Same-Aiding escape from jail.
Every person who shall by any means whatever aid or assist
any prisoner lawfully committed to any jail or place of con-
finement in this city, in any case relating to any offense in
violation of this Code or an ordinance of the city, to escape
therefrom, whether such escape be effected or not, shall be
guilty of a misdemeanor. (Code 1960, 23-507)
State law reference-For aiding escape from jail, see K.S.A. 21-728,
21-729.
Sec. 23-49. Same-Escape from officer prohibited.
If any person shall escape by the use of force or otherwise
from any officer of the city or other person having legal
charge of said person by virtue of any ordinance or judgment
of the police court of the city, he shall De guilty of a misde-
meanor. (Code 1960, ~ 23-513)
Sec. 23-50. Same-Aiding escape from officer.
Every person who shall aid or assist any prisoner in es-
caping or attempting to escape from the custody of any officer,
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OFFENSES-MISCELLANEOUS
~ 23-54
his deputy or lawful assistant who shall have the lawful
charge of such prisoner, shall be guilty of a misdemeanor.
(Code 1960, S 2'3-508)
State law reference-For similar 11rovisions, see K.S.A. 21-730.
Sec. 23-51. Same-Breaking jail or custody.
If any person confined in the city jailor county jail for
violation of this Code or an ordinance of this city, or held
in custody going to such jail, shall break such jail or custody
and escape therefrom, he shall be guilty of a misdemeanor,
and any imprisonment shall commence at the expiration of
the imprisonment (if any) for which the offender was in
jail or custody. (Code 1960, S 23-509)
State law reference-For ismilar provisions, see K.S.A. 21-735.
e
Sec. 23-52. Same-Officer permitting conveyance of instru-
ments, arms into jail.
If any officer or other person having, by law, the custody
or charge of the city jail, or other place of confinement,
knowingly suffers or permits any disguised instrument, arms
or other thing proper or useful to aid any prisoner in his
escape to be conveyed into or remain in such jail or place, he
shall be guilty of a misdemeanor. (Code 1960, S 23-510)
State law reference-For similar provisions, see K.S.A. 21-739.
Sec. 23-53. Same-Officer permitting or conniving at escape.
If any officer of this city, his deputy or lawful assistant,
having the lawful custody of any prisoner for any cause
whatsoever, voluntarily suffers or permits or connives at the
escape of such prisoner from his custody, or permits such
prisoner to go at large, he shall be guilty of a misdemeanor.
(Code 1960, S 25-511)
State law reference-For similar provisions, see K.S.A. 21-740.
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Sec. 23-54. False calls and reports to police.
Sec. 23-5.4-(1). Prohibited. Any person who shall give or
cause to be given any false call or alarm for police assistance,
or who shall send or cause to be sent to any police station
or member of the police department any false call for assist-
Supp. No. 12
1011
~ 23-54
SALINA CODE
~ 23-58
ance or whoever knowingly makes, causes or helps to be made
a false report of the commission of any crime to a member
of the police department, shall be deemed guilty of a misde-
meanor. (Code 1960, S 23-515; Ord. No. 6691, 2-19-63)
Sec. 23-55. Impersonating an officer.
Any person or persons who shall, without the authority,
exercise or attempt to exercise the functions of or hold him-
self or themselves out to any as a marshal, policeman or peace
officer, shall be guilty of a misdemeanor. (Code 1960, S 23-
514)
State law reference-For similar provisions, see K.S.A. 21-1617.
Sec. 23-56. Officer refusing to execute process.
If any officer of the city wilfully or corruptly fails or
refuses to execute any lawful process which by law it is his
duty to execute, requiring the apprehension or confinement
of any person charged with an offense in violation of this
Code or the ordinances of the city, whereby such person shall
escape, he shall be guilty of a misdemeanor. (Code 1960, S
23-512)
State law reference-For similar provisions, see K.S.A. 21-741.
Sec. 23-57. Resisting officer.
Every person who shall knowingly and wilfully resist, op-
pose 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, shall be guilty of a misde-
meanor. (Code 1960, S 23-503)
Cross references-Resisth:g firemen, ~ 12-16; interfering with city
cutting of weeds, ~ 15-43.
Sec. 23-58. Corruptly influencing a witness.
Corruptly influencing a witness is inducing or attempting
to induce any witness by bribery, threat or other means to
absent himself from the jurisdiction or to avoid the service of
process, or deterring or attempting to deter a witness by such
means from giving evidence in any trial or other proceedings,
or to testify falsely therein.
Supp. No. 12
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OFFENSES-MISCELLANEOUS
~ 23-68
Any person who shall corruptly influence a witness shall be
guilty of a misdemeanor. (Ord. No. 8135, S 1, 12-28-70)
Amendment note-Ord. No. 8135, g 1, added ~ 23-58 to this Code.
Sees. 23-59-23-67. Reserved.
Article IV. Offenses Against Morals and Decency
Sec. 23-68. Adultry.
Any person who shall engage in sexual intercourse with
another who is not his spouse and such other person is mar-
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~ 23-68
OFFENSES-MISCELLANEOUS
~ 23-70
ried, or such person so engaging is not married and knows
that the other person involved in such intercourse is married,
shall be guilty of a misdemeanor. (Code 1960, S 23-601; Ord.
No. 8114, S 1, 10-26-70)
Amendment note-Prior to amendment by Ord. No. 8114, ~ 1, ~ 23-68
also contained provisions pertaining to indecency, lewd cohabitation and
scandalous conduct.
State law reference-For similar provisions, see K.S.A. 21-908.
Sec. 23-68.1. Unlawful cohabitation.
Any persons living together as man and wife, or holding
themselves out to the public to be man and wife, without
being married shall be guilty of a misdemeanor. (Ord. No.
8115, S 1, 10-26-70)
Amendment note-Ord. No. 8115, ~ 1, amended this Code by adding
~ 23-68.1.
Sec. 23-68.2. Lewd' and lascivious behavior.
Any person who shall:
(a) Commit an act of sexual intercourse or sodomy with
any person or animal with knowledge or reasonable
anticipation that the participants are being viewed by
others; or
(b) Exposes a sex organ in the presence of a person who
is not the spouse of the offender or who has not con-
sented thereto, with intent to arouse or gratify the
sexual desires of the offender or another, shall be
guilty of a misdemeanor. (Ord. No. 8116, S 1, 10-26-70)
Amendment note-Ord. No. 8116, ~ 1, amended this Code by adding
~ 23-68.2.
Sec. 23-69. Bawdy house-Keeping.
Every person who shall set up or keep a bawdy house or
brothel shall be guilty of a misdemeanor. (Code 1960, S 23-
602)
State law reference-For similar provisions, see K.S.A. 21-933.
Sec. 23-70. Same-Leasing, letting premises for.
Every person who shall knowingly lease or let to another
any house or other building for the purpose of being used
or kept as a brothel, or bawdy house, shall be guilty of a
misdemeanor. (Code 1960. ~ 23-603)
State law reference-For similar provisions, see K.S.A. 21-934.
Supp. No. 11
1013
~ 23-71
SALINA CODE
~ 23-74
Sec. 23-71. Same-Who deemed keeper.
Every person who shall appear or act as master or mistress,
or having the care or management of any brothel or bawdy
house, shall be deemed the keeper thereof. (Code 1960, ~~
23-604, 23-617)
State law reference-For similar provisions, see K.S.A. 21-935.
Sec. 23-72. Committing, offering to commit lewd act, prosti-
tution, perversion.
Any person who shall commit or offer to commit a lewd
act or an act of prostitution or moral perversion shall be
guilty of a misdemeanor. (Code 1960, S 23-605)
Sec. 23-73. Gambling-Prohibited.
Every pErson who shall directly or indirectly bet any money
or property or any representative thereof at or upon any
f aming table, bank or gambling device, or upon the result
of the movement of any wheel, or other device, or the throw-
ing 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, shall be guilty of a misdemeanor. (Code
1960, ~ 23-618)
State law reference-For similar provisions, see K.S.A. 21-923.
Sec. 23-74. Same-Keeping devices, tables or places.
Every person who shall set up or keep any table or gam-
bling device commonly called ABC, faro bank, EO, roulette,
equality, keno, wheel of fortune, or any kind of gambling
table or gambling 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 any game
of cards for money or property, or keep a common gaming
Supp. No. 11
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OFFENSES-MISCELLANEOUS
~ 23-76
house, or keep a house, room or place to which persons are
accustomed to resort for the purpose of gambling, shall be
guilty of a misdemeanor. (Code 1960, SS 23-615, 23-619)
State law reference-For similar provisions, see K.S.A. 21-915.
Sec. 23-75. Same-Permitting on premises.
Every person who shall permit any gambling table, bank
or device prohibited by section 23-74 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 belonging,
or by him occupied, or of which he has at the time possession
or control, shall be guilty of a misdemeanor. (Code 1960, SS
23-616, 23-620)
State law reference-For similar provisions, see K.S.A. 21-916.
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Sec. 23-76. Same-Leasing premises for.
Every person who shall knowingly lease or rent to another
any house, building, shed, booth, lot or other place or premises,
or any part thereof, for any of the unlawful purposes men-
tioned in sections 23-74 and 23-75, shall be guilty of a misde-
meanor. (Code 1960, S 23-621)
State law reference-For similar provisions, see K.S.A. 21-917.
.
Supp. No. 11
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OFFENSES-MISCELLANEOUS
~ 23-78
Sec. 23-77. Same-Places declared nuisances; abatement.
All places used for any of the unlawful purposes as men-
tioned in section 23-74, are hereby declared to be common
nuisances, and upon the judgment of the police court of this
city finding such place to be a nuisance under this article,
the chief of police shall be directed to abate and shut up such
places by taking possession of all devices and all other prop-
erty used in keeping and maintaining such nuisance and such
personal property so taken shall forthwith be publicly de-
stroyed by such officer. (Code 1960, S 23-622)
State law reference-Abatement of gambling places under state law,
K.S.A. 21-918; suppression by cities, K.S.A. 21-922.
Sec. 23-78. Same-Procedure for forfeiture of devices.
Upon the filing of a complaint charging that a place is
kept or maintained as a common nuisance as stated in the
preceding section by any person or persons 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 com-
manding the officer to whom it is directed to arrest the
person or persons in such complaint charged and described,
and seize and take into his custody such gaming tables and
gambling devices and other property del'lcribed in said com-
plaint 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 premises to be searched with
sufficient particularity to identify the same, and shall de-
scribe the gaming tables or other gambling devices or other
property alleged to be used in maintaining the same as par-
ticularly as practicable; but any description, however gen-
eral, 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
warrant, the court shall proceed against the person or persons
arrested, and it shall be the duty of thp police 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 said
gaming tables and gambling devices and other property so
seized, or upon his agent or other person in possession or
1015
~ 23-78
SALINA CODE
9 23-82
control of the same, that the property has been so taken,
and requiring him to appear on said day and answer the
complaint made against such gaming tables, gambling de-
vices and other property, and show cause, if any hei 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 1960, ~ 23-623)
State law refe.rence--For similar provisions, see K.S.A. 21-919.
Sec. 23-79. Indecent exposure.
Any person who shall appear in any public place in a state
of nudity of indecently clad, or make any indecent public
exposure of one's person, or behave in ~ny indecent or lewd
manner, or commit any indecent or lewd act of any kind, shall
be guilty of a misdemeanor. (Code 1960, ~ 23-611)
Cross reference--Indecent conduct in municipal swimming pools, ~
25-17.
Sec. 23-80. Frequenting houses of ill fame; maintaining pros-
titute.
Any person who shall be a visitor to, for immoral or un-
lawful purposes, any bawdy house, house of prostitution,
house of ill fame or assignation house, shall be guilty of a
misdemeanor. (Code 1960, ~ 23-610)
Sec. 23-81. Lewd, indecent shows, exhibitions, advertisements
therefor.
Any person who shall exhibit, perform or take part in any
immoral, indecent or lewd play or exhibition, show, per-
formance or other representation, or advertise any picture
show, show or performance or exhibition of any kind by
putting or placing in any public place any lewd or indecent
picture, print, model or other thing, shall be guilty of a
misdemeanor. (Code 1960, ~ 23-612)
Sec. 23-82. Lotteries.
Every person in this city, who shall make, establish, pro-
mote or aid or assist in making, establishing, promoting, or
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OFFENSES-MISCELLANEOUS
~ 23-83
in any manner be concerned, either by writing or printing
or otherwise, in making, establishing or promoting any lot-
tery, gift enterprise, policy or scheme of ell'awing in the nature
of a lottery, whether the same is being or is to be conducted,
held or drawn within the city, shall be guilty of a misde-
meanor. (Code 1960, ~ 23-1001)
State law reference--For similar provisions, see K.S.A. 21-1501.
Sec. 23-83. Obscene literature-Generally; test.
Se,c. 23-83(1). Prohibited. Any person who shall import.
print, publish, sell, design, prepare, loan, give away or dis-
tribute any book, magazine, newspaper, writing pamphlet,
ballad, printed paper, print, picture, drawing, photograph.
publication or other thing, containing ob8cene, immoral, lewd
or lascivious language, or obscene, immoral, lewd or lascivi-
ous prints, pictures, figures or descriptions, manifestly tend-
ing to the corruption of the morals of persons, or shall in-
troduce into any family, school or place of education or shall
buy, procure, receive or have in his possession, any such book
pamphlet, magazine, newspaper, writing, ballad, printed
paper, print, picture, drawing, photograph, publication or
other thing, either for the purpose of sale, exhibition, loan or
circulation, or with intent to introduce the same into any
family, school or place of education, shall be guilty of a mis-
demeanor.
Sec. 23-83(2). 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 community, the young, the imma-
ture or the highly prudish, or would leave another segment,
the scientific or highly educated or the so-called worldly wise
and sophisticated, indifferent and unmoved. But such test
shall be the effect of the book, picture 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 impact upon the average person in the conimunity. The
book, picture or other subject of compliant must be judged
as a whole in its entire context, not by considering detached
1017
~ 23-83
SALINA CODE
!l 23-86
or separate portions only, and by the standards of common
conscience of the community of the contemporary period of
the violation charged. (Code 1960, S 23-801)
Cross reference--Obscene letters or signs prohibited, !l 9-75.
State law reference--For similar provision, see K.S.A. 21-1102.
Sec. 23-84. Same-Publication, distribution.
Any person who publishes or distributes for resale or for
reading or other perusal any book, magazine or pamphlet, so
composed as to constitute a compilation of pictures, illustra-
tions, caricatures, cartoons, words, stories and advertisements,
or any combination or combinations 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 <;cxual passion, or to
any combination or combinations thereof, shall be guilty of
a misdemeanor.
State law reference--For similar provisions, see K.S.A. 21-1102a.
Sec. 23-85. Same-Requiring purchase.
Any person who shall as a condition to a sale, allocation,
consignment or delivery for resale of Ilny paper, magazine,
book, periodical or publication require that the purchaser or
consignee receive for resale any other article, book or other
publication which is contrary to section 23-83, or shall 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 publi-
cations, or by reason of the return thereof, shall be guilty
of a misdemeanor.
State law reference--For similar provisions, see K.S.A. 21-1102b.
Sec. 23-86. Same-Indecent, immoral pictures, post cards.
It shall be unlawful for any person, firm or corporation
to manufacture, print, paint or letter any post card with an
indecent or immoral picture of any words or senience on such
cards of a suggestive or immoral nature or character, or keep
for sale or for the purpose of giving :lway such indecent,
immoral or suggestive post cards or have the same in one's
1018
e
e
e
S 23-86
OFFENSES-MISCELLANEOUS
~ 23-90
place of business for the purpose of selling same or giving
them away. Any person violating this se('tion shall be guilty
of a misdemeanor. (Code 1960, ~ 23-802)
State law reference-For similar provisions, see K.S.A. 21-1105.
Sec. 23-87. Obscene writings, pictures on structures.
Every person who shall write or inscribe upon the wall or
door of any public building, or upon any privy, fence, bridge
or other structure, any obscene or vulgar picture, design or
words, shall be guilty of a misdemeanor. (Code 1960, S 23-625)
Cross reference-Obscene matter on signs, ~ 9-75.
Sec. 23-88. Peeping Toms.
Every person who shall go upon the !)roperty owned or
occupied by another for the purpose of looking into or peeping
into any window, door, skylight or other opening in a house,
shall be guilty of a misdemeanor. (Code 1960, S 23-708)
Sec. 23-89. Pimps and procurers.
Any person who shall 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 "ith the keep-
ing, management or operation of any such house, or be an
inmate or lodger in any such house or Rolicit any person in
this city for illicit sexual intercourse or other immoral pur-
poses or any sexual perversion, shall be guilty of a misde-
meanor. (Code 1960, SS 23-613, 23-1106)
Sec. 23-90. Prostitution, fornication, concubinage-Procuring,
inducing female for.
Any person who shall knowingly perpuade, induce, entice
or procure, or assist in persuading, inducing, enticing or
procuring any female person for the purpose of prostitution,
fornication or concubinage to enter or remain in any house
of prostitution, or any place where prostitution, fornication
or concubinage is practiced, permitted or allowed, or by any
means whatever, detain any female person, for the purpose
of prostitution, fornication or concubinage in any such house
1019
~ 23-90
SALINA CODE
~ 23-93
or place, or persuade, induct, entice or procure, or assist in
persuading, inducing, enticing or procuring any female per-
son for the purpose of prostitution, fornication 01' concubinage,
to go from one place to another within this city, for the pur-
pose of prostitution, fornication or concubinage, shall be guilty
of a misdemeanor: Provided, that no conviction shall be had
on the uncorroborated testimony of the woman. (Code 1960,
~ 23-606)
State law reference--For similar provisions, see K.S.A. 21-937.
Sec. 23-91. Same-Keeping places of.
Any person who shall keep or maintain or assist in keeping
or maintaining a house or other place of prostitution, forni-
cation or concubinage, or where the same is practiced per-
mitted or allowed, on premises owned or leased by such person
or under his control shall be guilty of a misdemeanor. (Code
1960, ~ 23-607)
State law reference--For similar provisions, see K.S.A. 21-938.
Sec. 23-92. Same-Soliciting, inducing male to enter place.
Any person who shall solicit, procure, entice or induce any
male person to enter any house of prostitution or any place
where prostitution, fornication or concubinage is practiced,
permitted or allowed, shall be guilty of a misdemeanor. (Code
1960, ~ 23-608)
State law reference--For similar provisions, see K.S.A. 21-942.
Sec. 23-93. Punchboards, slot machines-Prohibited.
Any person who shall set up or keep or have in his posses-
sion in any public or private place in the city any punch board
or slot machine or other gambling device, devised or designed
for the purpose of playing any game of chance for money or
property, including punch boards, slot machines or any other
gambling device wherein money or goods are received with
every punch board, 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 any person who shall induce, entice or permit any
person to bet or wager or pay money upon any such punch
1020
e
~ 23-93
OFFENSES-MISCELLANEOUS
S 23-96
board, slot machine or other gambling device or devices as
above described, shall be deemed guilty of a misdemeanor.
(Code 1960, S 23-1002)
Sec. 23-94. Same-Condemnation, destruction upon convic-
tion.
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Upon conviction of any person or persons under the pro-
visions of the foregoing section, the police 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 police of the city shall execute such judgment by publicly
destroying or causing to be destroyed such punch boards, slot
machines or other gambling device or equipment by burning
or otherwise, which destruction shall take place after said
devices are no longer needed as eviden~e. (Code 1960, S
23-1003 )
Sec. 23-95. Same-Seizure and confiscation.
It shall be the duty of the police officers of the city to
seize and take possession of any slot machines or other gam-
bling devices as defined by section 23-93 wherever the same
may be found in the city, and to arrest the owner thereof
and any person in control or possession of such machine 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 of said city is hereby
authorized and directed to destroy any such machine without
further notice to the owner thereof. (Code 1960, S 23-1004)
Sec. 23-96. Street walking.
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Any female person who shall parade on any street, avenue,
alley or other public grounds for the purpose of inducing or
encouraging men to follow her for the purpose or prostitution,
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
1021
~ 23-96
SALINA CODE
~ 23-110
in the company of any female street walker or prostitute on
any street, avenue, alley or other public grounds or building
shall be guilty of a misdemeanor. (Code 1960, ~ 23-609)
Sees. 23-97-23-106. Reserved.
Article V. Offenses Against Peace and Order
Sec. 23-107. Disorderly conduct.
Every person who shall engage in any riot or affray or act
in a rude, boisterous, riotous or disorderly manner or use
profane or indecent language so that it is audible to others on
any street, avenue, alley, public ground, place or building in
this city, shall be guilty of a misdemeanor. (Code 1960, S
23-702)
Cross references-Disorderly conduct in cereal malt beverag,e, estab-
lishments, ~ 6-63; disorderly conduct at public dances, ~ 7-47; disorderly
conduct in pool and billiard halls, ~ 7-74; disorderly conduct in food
establishments licensed for ente,rtainment, ~ 7-95; disorderly conduct
at fires, ~ 12-27; disorderly conduct in parks, ~ 25-17.
Sec. 23-108. Disturbing, interfering with elections.
Every person who shall act in a violent or turbulent manner
at or near the public polls on election day or engage in, aid or
encourage the doing or causing to be done of anything cal-
culated to disturb the due and orderly proceedings of any
election board or the counting of the votes at any public
election held in this city shall be guilty of a misdemeanor.
(Code 1960, ~ 23-706)
Cross reference--For elections generally, see Ch. 11.
Sec. 23-109. Disturbing the peace.
Every person who shall willfully disturh the peace and quiet
of any person, family or neighborhood, shall be guilty of a
misdemeanor. (Code 1960, ~ 23-624)
State law reference--For similar provisions, see K.S.A. 21-950.
Sec. 23-110. Drunkenness.
If any person shall be drunk on any highway, street, or in
any public place or building, or if any person shall be drunk
1022
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~ 23-110
OFFENSES-MISCELLANEOUS
~ 23-114
in his own house, or any private building or place, disturbing
his family or others, he shall be deemed guilty of a misde-
meanor. (Code 1960, S 23-1116)
Cross reference-For alcoholic beverages generally, see Ch. 6.
State law reference-For similar provisions, K.S.A. 41-802.
Sec. 23-111. False fire alarms.
Every person who shall knowingly and wilfully give a
false alarm of fire shall be guilty of a misdemeanor. (Code
1960, S 23-705)
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Sec. 23-112. Inciting riots.
Every person who shall incite a riot or by sign, gesture,
sound, words or otherwise provoke or attempt to provoke any
person or persons, crowds or gatherings of persons to commit
any disorderly or riotous act, or acts of breach of the peace,
or cause the gathering of crowds of excited persons on the
streets, avenues, alleys, public grounds, buildings or places
in this city to the alarm of the inhabitants of this city, or
threatening to the peace and good order of this city, shall be
guilty of a misdemeanor. (Code 1960, S 23-703)
Sec. 23-113. Unlawful assembly.
If three (3) or more persons 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 un-
lawful act against the peace, or being lawfully assembled,
agree with each other to do any unlawful act aforesaid, and
make any movement or preparation therefor, the person so
offending shall be guilty of a misdemeanor. (Code 1960, S
23-701)
State law reference-For similar provisions, see K.S.A. 21-1001.
Sec. 23-114. Unlawful for any person to loiter or trespass on
grounds of any public or private school or insti-
tution.
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(a) Every person who shall loiter or trespass on or about
the premises and grounds of any public or private school; of
Supp. No. 11
1023
~ 23-114
SALINA CODE
~ 23-126
the public library; 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, shall be guilty of a misdemeanor.
(b) Every person or student who is not regularly enrolled
in a public or private school; or who has been suspended or
dismissed from a public or private school; or who persists
in staying or remaining on or about said premises or grounds
without any lawful purpose shall be guilty of a misdemeanor.
(Ord. No. 8105, ~ 1, 9-21-70)
Amendment note-Ord. No. 8105, ~ 1, amended this Code by adding
~ 23-114.
Sees. 23-115-23-123. Reserved.
Article VI. Weapons
Sec. 23-124. Carrying concealed.
Any person not being an officer of the law, or a deputy to
such officer, who shall be found within the limits of this city
carrying on his person in a concealed manner any pistol, Bowie
knife, dirk, slingshot, knucks or any other deadly weapon,
shall be guilty of a misdemeanor. (Code 1960, ~ 23-1131)
State law reference-For similar provisions, see K.S.A. 21-2411.
Sec. 23-125. Firearms; discharging.
Every person who shall discharge any gun, revolver, pistol
or other firearms within the city shall be guilty of a mis-
demeanor: Provided, that the provisions of this section
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 discharge of their duties, or in the protection
of persons or property. (Code 1960, ~ 23-704)
Sec. 23-126. Hostile demonstrations with dangerous weapons.
Every person who shall make any demonstration in a
hostile manner with any dangerous or deadly weapon against
the person or property of another, shall be guilty of a mis-
Supp. No. 11
1024
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~ 23-126
OFFENSES-MISCELLANEOUS
~ 23-128
demeanor: Provided, that the provisions of this section shall
not apply to officers of the law and their deputies in the per-
formance of their duties. (Code 1960, ~ 23-707)
Sec. 23-127. Knucks; manufacturing, dealing in, carrying, dis-
playing.
Any person who shall manufacture, sell, offer to sell, expose
for sale, or carry upon his person or display any weapon
generally called and known as "knucks" shall be guilty of a
misdemeanor. (Code 1960, ~ 23-1132)
State law reference-For similar provisions, see K.S.A. 21-2429.
e
Sec. 23-128. Nonpowder propelled guns-Definitions.
As used in sections 23-129 through 23-132:
Sec. 23-128(1). Nonpowder propelled gun shall mean any
weapon or device by whatever name known, which is
designed to expel a proj ectile by the action of com-
pressed air or gas, a spring or elastic, but does not
mean a firearm or deadly weapon.
Sec. 23-128(2). Youth shall mean any person under the
age of eighteen (18) years. (Code 1960, ~ 23-1123)
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Supp. No. 11
1024.1
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.
~ 23-129
OFFENSES-MISCELLANEOUS
~ 23-132
Sec. 23-129. Same-Sale, transfer to youths.
It shall be unlawful for any person to sell, give. lend,
barter or otherwise transfer any non-powder propelled gun
to a youth, except by the express consent of the parent,
guardian or adult instructor of such youth. (Code 1960, ~
23-1124)
Sec. 23-130. Same-When Possession by youth permitted.
It shall be lawful for a person under the age of eighteen
(18) years to have in his or her possession any non-powder
propelled gun if said gun is:
Sec. 23-130(1). Kept within his or her residence and is used
solely in or on any private grounds or reBidence under
such circumstances that such non-powder propelled gun
can be fired, disCharged or operated in such manner
so as not to endanger persons or property and also in
such manner as to prevent the projectile from travers-
ing any grounds or space outside the limits of such
grounds or residence, or
Sec. 23-130(2). Used by the youth if he or she is a duly
enrolled member of any club, team or society organized
for educational purposes and maintaining a.s part of
its facilities, or having written permission to use, an
indoor or outdoor rifle range; to possess, ioad or fire at
such rifle range under the supervision, guidance and
instruction of an adult. (Code 1960, S 23-1125)
Sec. 23-131. Same-Carrying regulated.
It shall be unlawful for any youth to carry any nonpowder
propelled gun on the streets, alleys, public highways or public
lands within the city, unless accompanied by an adult: Pro-
vided however, that said youth may carry such gun, unloaded,
in a suitable case or securely wrapped. (Code 1960, S 23-1126)
Sec. 23-132. Same-Discharging prohibited.
It shall be unlawful for any person to discharge any non-
powder propelled gun from any automobile vehicle or from
1025
~ 23-132
SALINA CODE
~ 23-146
upon or across any street, sidewalk, alley, public highway or
public place within the city, except on a properly constructed
target range. (Code 1960, 9 23-1126)
Sec. 23-133. Same-Violation.
Any person violating any of the pr0vlslOn.:; of sections
23-129 through 23-132 or who falsely represents himself or
any other person as being over eighteen (18) years of age in
order to purchase or otherwise obtain a non-powde,r propelled
gun, shall be guilty of a misdemeanor. (Corle 1960,923-1127)
Sec. 23-134. BB guns-Discharging.
Any person who shall discharge any air gun or gun com-
monly called "BB", shooting bullets or shot, shall be guilty
of a misdemeanor. (Code 1960, 9 23-1121)
Sec. 23-135. Same-Parent or guardian permitting carrying.
Any parent or guardian knowingly permitting a minor
under his care to carry upon the streets or alleys of the city
an air gun or gun commonly called "BE" shall be deemed
guilty of a misdemeanor. (Code 1960, 923-1122)
Sees. 23-136-23-145. Reserved.
Article VII. Miscellaneous Offenses
Sec. 23-146. Abandoned iceboxes, other containers.
Any person abandoning, 'Storing or discarding in any public
or private place accessible to children any chest, closet, piece
of furniture, refrigerator, icebox or other article having a
compartment of a capacity of one and one-half (11/2) cubic
feet or more and having a door or lid, or any person who,
being the owner, lessee, or manager of such place, knowingly
permits such abandoned, stored or discarded article to remain
in such condition, shall be deemed guilty of a misdemeanor.
(Code 1960, S 23-1139)
State law reference-For similar provisions, see K.S.A. 38-710.
1026
e
~ 23-147
OFFENSES-MISCELLANEOUS
~ 23-149
Sec. 23-147. Assault.
Any person who shall intentionally threaten or attempt to
do bodily harm to another coupled with the apparent ability
and resulting in the immediate apprehension of bodily harm
shall be guilty of a misdemeanor. (Code 1960, S 23-301; Ord.
No. 8117, S 1, 10-26-70)
Amendment note-Ord. No. 8117, ~ 1, amended ~ 23-147 by substituting
threats and attempts for assault and battery.
State law reference-For similar provisions, see K.S.A. 21-436.
Sec. 23-147.1. Battery.
Any person who shall unlawfully and intentionally touch
or apply force to the person of another, in a rude, insolent or
angry manner shall be guilty of a misdemeanor. (Ord. No.
8118, S 1, 10-26-70)
Amendment note-Ord. No. 8118, ~ 1, amended this Code by adding
~ 23-147.1.
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Sec. 23-148. 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.
Sec. 23-149. Curfew for minors-Established.
e
It shall be unlawful for any child under the age of sixteen
(16) years, to wander, lounge, loaf, loiter or play in, upon
or about any public street, sidewalk, alley, vacant lot, public
square or public 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 cus-
todian, pursuant to a written statement dated the day such
errand or duty is being performed, and signed by such parent,
guardian or legal custodian, directing such child to perform
a bona fide errand or mission for such parent, guardian or
legal custodian, or unless such child is proceeding pursuant
to the scope of his lawful employment. (Code 1960, S 23-1111)
Supp. No. 11
1027
~ 23-150
SALINA CODE
~ 23-151
Sec. 23-150. Same-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 guardian
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 public place within the city after the hour of 10 :30
p.m. and before the hour of 6 :00 a.m. (Code 1960, S 23-1112)
See. 23-151. Harassing, indecent telephone calls.
Sec. 23-151 (1). Harassing. It shall be unlawful for any
person or persons to telephone any other person repeatedly
or cause any person to be telephoned repeatedly for the pur-
pose of harassing, molesting, or disturbing the peace of such
other person or his family, whether or not conversation en-
sues, except for telephone calls made for legitimate business
purposes.
Sec. 23-151 (2). Indecent, threatening. It shall be unlawful
for any person or persons to use any vulgar, indecent, obscene
or immoral language over any telephone, or to solicit another
to commit an immoral act, to threaten another with bodily
harm or inj ury.
Sec. 23-151 (3). Disclosure of identity. It shall be unlawful
for any person to refuse to reveal their true identity during
the making of any of the above described telephone calls, if
so requested by the other party.
Sec. 23-151 (.4-). Violations, penalty. Every person convicted
of one of the offenses described in this section shall be pun-
ished by not less than ten (10) days nor more than ninety
(90) days imprisonment, or by a fine of not less than twenty-
five dollars ($25.00) nor more than five hundred dollars
($500.00), or by both such fine and imprisonment, and on a
second or subsequent conviction shall be punished by im-
prisonment for not less than thirty (30) days nor more than
Supp. No. 11
1028
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~ 23-151
OFFENSES-MISCELLANEOUS
~ 23-152
six (6) months, or by a fine of not less than fifty dollars
($50.00) nor more than five hundred dollars ($500.00) or
by both such fine and imprisonment, and each such violation
shall constitute a separate offense. (Ord. No. 6695, 3-26-63)
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Sec. 23-151.1. Impersonating officers or employees of the city
prohibited.
Any person who shall exercise or assume to exercise any
of the powers conferred upon any elected or appointed offi-
cial, officer, employee or agent of the City of Salina, Kansas,
or shall 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 person, or to
possess the powers and authority thereof shall be guilty of
a misdemeanor, and upon conviction thereof shall be subject
to the penalty provided in section 1-8 of the Salina Code. (Ord.
No. 6980, S 1,5-15-67)
Editor's note-Ord. No. 6980, ~ 1, being nonamendatory of this Code,
was codified as ~ 23-151.1 at the discretion of the editors.
Cross reference-Impersonating a marshal, policeman or peace offi-
cer, ~ 23-55.
Sec. 23-152. Oil, grease; draining into sewers, rivers, etc.
It shall be unlawful to place, run, pour or drain into any
sewer or cause or permit the placing, running, pouring or
draining into any sewer or into any 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.
e
Supp. No. 11
1028.1
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~. 23-152
OFFENSES-MISCELLANEOUS
~ 23-155
Any person who shall violate any of the provisions of this
section, shall upon conviction thereof, be guilty of a misde-
meanor. (Code 1960, ~ 23-1130)
Cross reference-Provisions concerning chemical and industrial waste
in sewers, ~ 612 of the plumbing code, as amended in ~ 9-261 of this
code of ordinances.
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Sec. 23-153. Peddlers, hawkers, itinerant merchants, transient
vendors.
Sec. 23-1,53(1). Invitation required to enter residential
premises. The practice of going in and upon private premises
in the city by solicitors, peddlers, hawkers, itinerant mer-
chants and transient vendors of merchandise, not having been
requested or invited so to do by the owner or owners, occupant
or occupants of said private residences, for the purpose of
soliciting orders for the sale of goods, wares and merchandise,
and/ or for the purpose of disposing of and/or peddling or
hawking the same, is hereby declared to be a nuisance and
punishable as such nuisance as a misdemeanor.
Sec. 23-153(2). Suppression by police. 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 1960, ~~ 18-301, 18-302)
Cross reference-Sales from vehicles on improved public streets,
~ 23-155.1.
Sec. 23-154. Physicians to report wounds, injuries.
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 received in any accident involving
a motor vehicle, shall notify the police department as soon
as practicable after rendering such treatment; provided, that
such report shall not be required if the police department
already has knowledge of such wound or injuries.
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Sec. 23-155. Radio interference.
Sec. 23-1,5,5(1). Prohibited. It shall be unlawful for any
person knowingly or wantonly to operate or cause to be
operated, any wire or wires for carrying electric energy, or
any machine, device, apparatus or instrument of any kind
Supp. No.1
1029
~ 23-155
SALINA CODE
~ 23-155.1
whatsoever within the corporate limits of the city, the oper-
ation of which causes reasonably preventable electrical inter-
ference with radio or television reception within the city:
Provided, that X-ray pictures, examinations or treatments
may be made at any time if the machines 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.
Sec. 23-15.5 (2). 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 reason-
able 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, apparatus or instru-
ment of any kind whatsoever, which is or may be kept or
operated on any such premises 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 per-
son 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.
Sec. 23-155(3). Exemptions. This section shall not be held
or construed to embrace or cover the regulation of any trans-
mitting, broadcasting or receiving instrument, 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 1960, ~9 18-101, 18-103)
Sec. 23-155.1. Sales from vehicles on improved public streets.
Sec. 23-155.1 (1). Sales prohibited. It shall be unlawful for
any person, firm, or corporation to solicit, peddle, hawk, vend,
barter, sell or offer for sale any goods, wares, beverages, food
products or other merchandise from any vehicle while said
vehicle is located upon the improved portion of any street,
avenue, boulevard or alley within the city; provided, however,
that this shall not be construed to prevent the delivery of
previously ordered merchandise.
Supp. No.1
1030
e
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S 23-155.1
OFFENSES-MISCELLANEOUS
~ 23-156
Sec. 23-155.1 (2). Penalty to';' violaticm ot secticm. Any per-
son violating any of the provisions hereof shall upon convic-
tion be adjudged guilty of a misdemeanor and be punished by
a fine of not to exceed one hundred dollars ($100.00) or im-
prisonment in the city jail for a period not exceeding thirty
(30) days, or both such fine and imprisonment, and each day
any of the provisions hereof are violated shall be deemed to
constitute a separate offense. (Ord. No. 6930, SS 1,2, 8-15-66)
Editor's note-Section 23-155.1 is derived from Ord. No. 6930, ~~
1, 2, adopted Aug. 15, 1966. The editors included this ordinance,
nonamendatory of this Code, because of the general and permanent
nature of the subject matter.
Sec. 28-156. Spitting in public generally.
Any person who shall spit, expectorate or deposit 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 building, or upon the floor of any car or public
conveyance in the city, or upon any sidewalk abutting on any
public street, alley or lane, shall be guilty of a misdemeanor.
(Code 1960, S 23-1101)
State law reference-Similar provisions, K.S.A. 21-2415.
SuPp. No.1
1030.1
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~ 23-157
OFFENSES-MISCELLANEOUS
~ 23-159
See. 23-157. Spitting tobacco products, other filth.
Any person who shall expectorate the products of tobacco
or any other filth on the floors, walls or carpets of any build-
ing used for church, school or other pubEc purposes or meet-
ings, shall be guilty of a misdemeanor. (Code 1960, ~ 23-1102)
State law reference-For similar provisions, see K.S.A. 21-2420.
See. 23-158. Trading stamps.
Sec. 23-158(1). Prohibited. It shall be unlawful for any
person to use, issue or distribute, or for any person to furnish
to any other person to use, issue or distribute in. with, or for
the sale of food, goods, wares or merchandise, any stamps,
coupons, tickets, certificates, cards, or other similar devices,
which shall entitle the purchaser receiving the same with the
sale of food, goods, wares, or merchandise to procure from
any person anything of value upon the production of any
coupons, tickets, certificates, cards, or other simHar devices,
number of such stamps, coupons, tickets, certificates, cards,
or other similar devices. It shall be unlawful for any person to
redeem any stamps, coupons, tickets, cards or other similar
devices, the use, issuance, distribution or furnishing of which
is made unlawful by the preceding provisions of this section.
Sec. 23-158(2). Exemption. This section shall not apply to
the use, issuance, distribution, furnishing or redemption of
any coupons, tickets, certificate, card or similar device which
is issued, distributed, furnished or redeemed by a manufac-
turer or packer in connection with the sale of its manufac-
tured or packed products, when such coupon, ticket, card or
other similar device is redeemable, without or with accom-
panying cash not exceeding five dollars ($5.00) for any prod-
ucts of said manufacturer or packer or for one specified and
particular product not manufactured or packed by said manu-
facturer or packer. (Ord. No. 6761, ~~ 1, 2, 1-13-64)
Sec. 23-159. Transporting nitroglycerin.
Any person who shall transport or conv~y through or along
the streets of the city any liquid nitroglycerin shall be guilty
of a misdemeanor. (Code 1960, ~ 23-1119)
Cross reference-For fire prevention generally, see !:\. 12-76.
State law refe'rence-For similar provisions, see K.S.A. 21-2450.
1031
~ 23-160
SALINA CODE
~ 23-163
Sec. 23-160. Vagrancy-Defined generally.
Any person engaged in any unlawful calling or who shall
be found loitering or idling without visible means of support
in any place in the city, or who shall be found idling or loiter-
ing in said city without being engagerl in any legitimate
business, or who being without visible means of support shall
refuse or fail to work when work at fair wages is to be
procured in the community, or who shall threaten violence
or personal injury to any employed workmen, or to employers
of labor, shall be deemed a vagrant. (Code 1960, ~ 23-1103)
Stat~ law reference-For similar provisions, see K.S.A. 21-2409.
Sec. 23-161. Same-Loitering in narcotics establishments,
possessing narcotics equipment.
Any person who may be found loitering around an opium
den or resort of any kind for drug habitues, Ot" where mor-
phine, opium, cocaine or any other drug may be used or sold,
or who shall have in his possession, any morphine, opium,
cocaine or other narcotics, or any needle, SpOOl! or other in-
strument to be used in taking narcotics, shall be deemed a
vagrant. (Code 1960, ~ 23-1104)
Sec. 23-162. Same-Loitering about property without permis-
sion.
It shall be vagrancy to loiter on or about any public prop-
erty or private property normally open to the public after
business hours without the permission of the owner or person
in charge of such property.
Sec. 23-163. Same-Associating with undesirable persons.
Any person, male or female, who knowingly associates with
persons having the reputation of being thieves, burglars,
pickpockets, prostitutes, immoral women or gamblers, or who
lodges in or frequents houses or other places having the repu-
tation of being the resort of thieves, burglars. pickpockets,
prostitutes or immoral women, or gambling houses or places
for the reception of stolen property, shall be deemed a
vagrant. (Code 1960, ~ 23-1105)
1032
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S 23-164
OFFENSES-MISCELLANEOUS
S 23-170
Sec. 23-164. Same-Begging, soliciting, alms.
Any person begging or selling inexpensive articles as a
beggar, or playing a musical instrument and soliciting funds
from the public therefor, shall be deemed a vagrant. (Code
1960, ~ 23-1108)
Sec. 23-165. Same-Violations.
Any person who is a vagrant as defined in sections 23-160
through 23-164, shall be guilty of a misdemeanor. (Code 1960,
~ 23-1109)
Sec. 23-166. Keeping bees within city; permit required.
I t 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 of Salina
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 appli-
cation with the city clerk who shall refer the same to the
health officer. The health officer shall investigate the pro-
posed premises and file his written report and recommenda-
tions with the board of commissioners. After receiving the
report from the health officer, the board of commissioners
may grant the applicant permission to keep bees upon his
premises within the city limits upon such terms and condi-
tions as it may specify. Any permit granted by the board of
commissioners hereunder shall be subject to revocation in the
event said applicant shall fail to comply with the terms and
conditions of said special permit or if the keeping of said
bees becomes a nuisance, health hazard or detrimental to the
general welfare of the residents of the city. (Ord. No. 7070,
~ 1, 7-1-68)
Amendment note-Ord. No. 7070, S 1, amended this Code by adding
~ 23-166. Section 2 of said ordinance, providing the penalty set out in
S 1-8 of this Code, was not included.
Sees. 23-167-23-170. Reserved.
Supp. No. 14
1033
~ 23-171
SALINA CODE
~ 23-172
Article VIII. Inoperable Vehicles *
Sec. 23-171. Finding of governing body.
The commission finds that junked, wrecked, dismantled,
inoperative, discarded or abandoned 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
Salina, Kansas, for the following reasons:
(a) Such vehicles serve as a breeding ground for flies,
mosquitoes, rats and other insects and rodents.
(b) They are a danger to persons, particularly children
because of broken glass, sharp metal protrusions, in-
secure mounting on blocks, jacks or supports and be-
cause they are a ready source of fire and explosion.
(c) They encourage pilfering and theft, and constitute a
blighting influence upon the area in which they are
located thereby causing a loss in property value to sur-
rounding property.
(d) They constitute a fire hazard in that they block access
for fire equipment to adjacent buildings and structures.
(Ord. No. 8134, S 1, 12-28-70)
Sec. 23-172. Definitions.
Inoperable means a condition of being junked, wrecked,
wholly or partially dismantled, discarded, abandoned, or un-
able to perform the functions or purposes for which it was
originally constructed, or for which it may have been subse-
quently modified.
Vehicle means any automobile, truck, tractor, aircraft or
motorcycle, which as originally built contained an engine or
designated to contain an engine, regardless of whether it
contains an engine at any other time. (Ord. No. 8134, S 2,
12-28-70; Ord. No. 8231, SS 1, 2, 7-10-72)
Editor's note-Sec. 23-172 is derived from and has been amended
from time to time by the ordinances indicated in the history note
following' the section. Due to the nature of the subject matter involved,
editorial analysis of ordinances adding, deleting or otherwise revising
the content of said section is omitted.
*Editor's note-Article VIII, ~~ 23-171-23-179, is derived from Ord.
No. 8134, SS 1-9, enacted Dec. 28, 1970. This ordinance did not amend
this Code.
Cross reference-Abandoned iceboxes, S 23-146.
Supp. No. 14
1034
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~ 23-173
OFFENSES-MISCELLANEOUS
~ 23-176
Sec. 23-173. Prohibitions.
Except as provided in sections 23-174 and 23-175, it shall
be unlawful for any person, partnership, corporation, or their
agent either as owner, lessee, tenant or occupant of any lot
or land within the city to park, store or deposit, or permit
to be parked, stored, or deposited thereon, an inoperable
vehicle unless it is enclosed in a garage or other building.
(Ord. No. 8134, ~ 3, 12-28-70)
Sec. 23-174. Temporarily disabled vehicles.
The provisions of section 23-173 of this article shall not
apply to any person, partnership or corporation of their agent
with one vehicle inoperable for a period of thirty (30) con-
secutive days or less. (Ord. No. 8134, ~ 4, 12-28-70)
Sec. 23-175. Screening.
The provisions of section 23-173 of this article shall not apply
to any person, firm or corporation or their agent who is con-
ducting a commercial enterprise in any commercial district
except C-1, or any industrial district as provided in the zoning
regulations or who places such vehicles 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 children; pro-
vided, however, that nothing in this section authorizes the
maintenance of a public nuisance. (Ord. No. 8134, ~ 5, 12-28-70;
Ord. No. 8556, ~ 1, 3-28-77)
Sec. 23-176. Presumptions that a vehicle is inoperable.
Anyone of the following conditions shall raise the presump-
tion that a vehicle is inoperable:
(a) Absence of an effective registration plate upon such
vehicle.
(b) Placement of the vehicle, or parts thereo-f, upon jacks,
blocks, chains or other supports.
(c) Absence of one or more parts of the vehicle necessary
for the lawful operation of the vehicle upon the streets
and highways. (Ord. No. 8134, ~ 6, 12-28-70)
Supp. No. 22 1035
~ 23-177
SALINA CODE
~ 23-179
Sec. 23-177. Administrative procedure.
Whenever an informal complaint is made to the building
inspection department, or at any time the building inspectIon
department becomes aware 01 the existence of a violatIOn of
thIS article, said department 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 writ-
ten notice. Such notice shaH inform such person or persons
of the violation and direct that they comply with the provi-
sions of this article within ten (10) days following receipt
of the notice or prosecution will be commenced for violation
thereof.
In the event such person or persons fails to comply with
the provisions of this anicle within such time the building
inspection department shall notify the city attorney who shall
commence prosecution under this article.
In the event the owner of such inoperable vehicle cannot
be found, and the owner of the real property upon which
such vehicle is located is a nonresident of Saline . County the
building inspection department 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. (Ord. No. 8134, 9 7, 12-28-'/0)
Sec. 23-178. Penalty.
Any person, pannership or corporation violating the pro-
visions of this article shall, upon conviction thereof, be fined
in an amount not to exceed twenty-five dollars ($25) or im-
prisoned 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 constituLe a separate offense. (Ord. No.
8134, S 8, 12-28-70)
Sec. 23-179. Authority.
This article is adopted by authority of and under the pro-
visions of Article 12, Section 5 of the Kansas Constitution.
(Ord. No. 8134, S 9, 12-28-70)
(The next page is 1059]
Supp. No. 22
1036
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Chapter 24
OIL AND GAS
Sec. 24-1. Permit to drill required.
No person shall 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 chapter. (Code 1960, ~ 19-101)
Sec. 24-2. Application for permit required; contents.
Before any permit shall be granted for the commencement
of a well for the production of oil or gas, an application there-
for shall be filed with the city clerk. Such application shall
show:
Sec. 24-2(1). That the applicant has good and valid oil and
gas leases from property owners covering at least a
ten (10) acre tract.
Sec. 24-2(2). Evidence of agreement in writing between
the lessee or lessees, and the lessors, if more than one,
providing for a pooling of all roy~lties 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 'Said tract.
Sec. 24-2(3). Such application shall be accompanied by a
plat or map of such tract showing the proposed location
of said well, which location shall in no instance be
closer than three hundred (300) feet of any boundary
line of said tract unless by the unanimous vote of the
commissioners but not upon any street or alley. Such
map 'Shall show the location of each residence upon said
tract and all improvements.
Sec. 24-2(4). A drilling agreement providing adequate pro-
tection to the parties in interest, by enc10iling the d'rill-
ing rig on all sides, equipping the same with adequate
fire extinguishers, which are to be kept in good order;
including a reasonable and adequate plan for the
1059
~ 24-2
SALINA CODE
~ 24-4
handling of the slush, basin sediment and salt water
that may be produced in the drilling of said well; and
facilities for handling production to the end that it
may not be necessary to store oil on said area in excess
of five hundred (500) barrels per well. Such agree-
ment or agreements shall make further provisions that
in the event the well is a dry hole, or nonproductive of
either oil or gas, all materials, equipment, 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
practical. (Code 1960, S 19-102)
Sec. 24-3. 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 of Kansas, or a cash
deposit in such amount as deemed sufficient by the board of
commissioners, but in no event less than five th:msand 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 rhapter, and further
conditioned upon saving and holding the city free and harm.
less from any damage resulting to said city as a result of
drilling, pumping, repairing or other operations by the per-
mittee, the laying of pipe lines, the setting of tanks or as
result of moving of 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 with-
in ten (10) days following expiration of each year and file
a receipt therefor in the office of the city clerk. (Code 1960,
S 19-103)
Cross reference-Bonds of contractors, license fees, etc., ~ 2-7 et seq.
Sec. 24-4. Liability insurance.
Each permittee hereunder shall carry and maintain public
liability insurance on each well or group of wells indemnify-
ing payment of not less than fifty thousand dollars
1060
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!:i 24-4
OIL AND GAS
9 24-8
($50,000.00) property damage for any Qne accident and shall
deposit proof of payment of renewal premiums thereon with
the city clerk. (Code 1960, 9 19-103)
Sec. 24-5. Filing of application; fee required.
The application for a drilling permit shall be filed with the
city clerk and a fee therefor of fifty dollars ($50.00) shall
be required. (Code 1960, 9 19-104)
Cross reference----Fee for permits when not obtained in time, 9 1-11.
Sec. 24-6. Issuance of permit.
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 commissioners shall deem such applica-
tion adequate and the drilling of said well not injurious to
public or private property, the same shall be granted. (Code
1960, S 19-104)
Sec. 24-7. Denial of permit.
The board of commissioners shall have the power and re-
serves 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 improvements
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 re-
turned to the applicant. Except as hereinbefore provided
if any application 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. (Code 1960, S 19-105)
Sec. 24-8. Refund of fee if permit denied.
If a permit is denied, the filing fee of fifty dollars ($50.00)
shall be refunded to the applicant. (Cod(1 1960, S 19-104)
1061
S 24-9
SALINA CODE
~ 24-13
Sec. 24-9. Permit to specify location; drilling elsewhere pro-
hibited.
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 elsewhere in the tract. (Code 1960, S 19-
105)
Sec. 24-10. 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, or drilling contract from the owner
giving the owner's permission to drill the well. (Code 1960,
S 19-108)
Sec. 24-11. Termination of permits.
When a drilling permit shall have berm 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 drill-
ing 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 operations 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 issuance of another permit.
(Code 1960, S 19-108)
Sec. 24-12. Duration of permit.
No permit which shall be issued under this chapter, 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 issuance of the permit 01' as long thereafter
as oil and/or gas is produced from the tract. (Code 1960,
S 19-110)
Sec. 24-13. Revocation of permit.
Upon default by a permittee in complying with any provi-
sions of this chapter, the board of commissioners may revoke
1062
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~ 24-13
OIL AND GAS
~ 24-16
any permit hereunder, after five (5) days' notice to the per-
mittee by registered mail. Thereupon the permittee shall
cease and desist from all operations under and pursuant to
any such permit. (Code 1960, S 19-103)
Sec. 24-14. Rights of landowners.
Neither this chapter nor any permit issued hereunder shall
be interpreted to grant any right or license to the permittee
to enter upon or occupy in any respect, in the drilling or pro-
duction operations, any land except by the wl'itten 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 1960, S 19-109)
Sec. 24-15. 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. In the event 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 material 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 production 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 pro(fucing well, shall be
done within sixty (60) days after completion of the drilling
of the well. (Code 1960, S 19-107)
Sec. 24-16. Conveyance of oil out of city required; temporary
storage; fencing of excavations and slush ponds.
In operating under any permit issued under this chapter,
all oil, gas and water produced or arising from the opera-
tions, shall be piped or otherwise conveyed or removed from
1063
~ 24-16
SALINA CODE
~ 24-17
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 excavations and
slush ponds shall be completely enclosed with six (6) foot
woven wire fencing. The laying of any pipe lines by any per-
mittee shall be done under the supervision of the city engineer.
(Code 1960, ~ 19-106)
Sec. 24-17. Fencing of storage facilities.
All crude petroleum tank batteries, including but not limited
to, receiving tanks, storage tanks, catwalks and diked areas
and all pump jacks and motors shall be securely and per-
manently 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 equiva-
lent material and shall be securely locked at all times and
adaptable to opening only by key.
Production of crude petroleum from sunsurface within the
city, except after strict compliance, as a condition precedent,
with the requisites of this section, is hereby prohibited. (Code
1960, ~S 19-201, 19-202)
1064
[The next page is 1089]
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Chapter 25
PARKS AND SWIMMING POOLS*
Art. I. In General, ~~ 25-1-25-14.
Art. II. Municipal Swimming Pools, ~~ 25-15-25-28
Art. III. Private Swimming Pools, ~~ 25-29-25-49
Art. IV. Salina Park Advisory Board, ~~ 25-50-25-54
ARTICLE I. IN GENERAL
Sec. 25-1. Damaging plants in parks.
It shall be unlawful for any person wilfully and without
authority to cut, pull, pluck or otherwise injure any flowers,
flowering plants, shrubs or trees growing in any public park
within the city. (Code 1960, ~ 20-201)
e
Sec. 25-2. Animals prohibited in parks.
It shall be unlawful for any person wilfully to bring into
any public park within the city any dog, either loose or on a
leash, or any other animal which while in any public park
may injure in any manner whatsoever, flowers, flowering
plants, shrubs or trees growing in a public park. (Code 1960,
~ 20-201)
Sec. 25-3. Damaging fixtures, other property in parks.
It shall be unlawful for any person wilfully and without
authority to tear down, remove, cut or otherwise injure or
destroy any stand, bench, seat or other property situated upon
a public park. (Code 1960, ~ 20-201)
Sec. 25-4. Depositing refuse, offensive matter in parks.
It shall be unlawful for any person to leave or deposit any
filth, slops, offal, garbage, sewage, refuse, vegetable or ani-
mal matter or any other thing whatever that is detrimental
e
*Cross references-For creation and composition of park department,
see ~ 2-94(2) (c); for duties of superintendent of parks generally, see
~ 2-118.
Supp. No. 25
1089
~ 25-4
SALINA CODE
~ 25-9
-
to the public health, or any sweepings, rags, excrement, com-
post, wastepaper, paper, plastic, wood or other containers,
excelsior, straw, hay, shavings, barrels, boxes, wooden crates,
lumber, ashes, vegetables or litter of any kind unless the same
is placed in receptacles provided for that purpose. (Code 1960,
~ 20-202)
Cross reference-For refuse regulations generally, see Ch. 31.
Sec. 25-5. Rules and regulations-Adoption and promulgation.
The board of commissioners shall adopt and amend such
rules and regulations as may be necessary for the orderly
operation of all public parks operated by the City of Salina,
Kansas, which rules and regulations and amendments thereof
shall be filed in the offices of the city clerk, park superin-
tendent and park caretaker. (Ord. No. 6971, ~ 1, 4-10-67)
Cross reference-Rules and regulations governing use of parks, swim-
ming pools and dressing rooms, ~ 25-18.
Sec. 25-6. Same-Violations.
Any person violating any of the rules and regulations
adopted in accordance with section 25-5 shall be guilty of a
misdemeanor. (Ord. No. 6971, S 1,4-10-67)
Sec. 25-7. Sunset Park-Hours closed to the general public.
Sunset Park within the City of Salina, Kansas, 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 sec-
tions 25-8 and 25-9. (Ord. No. 8724, ~ 1, 8-6-79)
Sec. 25-8. Same-Exceptions.
No persons, other than law enforcement officers and city
employees engaged in city business, shall either enter or re-
main within Sunset Park in the City of Salina, Kansas, when
said park is to be closed to the general public. (Ord. No. 8724,
~ 1,8-6-79)
Sec. 25-9. Same-Written approval required.
Upon written application and approval of any person or or-
ganizations, the city manager is authorized to waive the pro-
Supp. No. 25
1090
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~ 25-9
PARKS AND SWIMMING POOLS
~ 25-18
visions of sections 25-7 and 25-8 if, in his discretion, he de-
termines the requested purpose would not be detrimental to
the parks or adjacent property owners. (Ord. No. 8724, S 1,
8-6-79 )
Sees. 25-10-25-14. Reserved.
ARTICLE II. MUNICIPAL SWIMMING POOLS
e
Sec. 25-15. Persons prohibited.
It shall be unlawful for any persons having any skin disease,
open sores, or cuts, or any communicable disease, to enter any
municipal swimming pool. (Code 1960, S 20-101)
Sec. 25-16. Officers to enforce section 25-15.
It shall be the duty of the manager of any municipal swim-
ming pool or of any lifeguard or other employee thereof, or
any police officer, to prohibit the admission of any person
described in section 25-15 or whose appearance indicates the
existence of any disease mentioned in said section, from enter-
ing the swimming pool and to remove from the swimming
pool any such person who may have entered the same without
the knowledge or over the objection of said manager, employee
or officer. (Code 1960, S 20-102)
Sec. 25-17. Disorderly and indecent conduct.
Any person who shall conduct himself or herself in a dis-
orderly or indecent manner in or about any municipal swim-
ming pool shall be deemed guilty of a misdemeanor and shall
be removed from said pool, or from the park, on order of the
manager of said pool, and may, in the discretion of such man-
ager, be thereafter refused admission to said pool. (Code
1960, S 20-103)
Cross references-Disorderly conduct generally, ~ 23-107; indecent
exposure generally, ~ 23-79.
Sec. 25-18. Rules and regulations.
The park superintendent shall prepare a set of rules and
regulations governing the use of the parks, swimming pools
Supp. No. 25
e
1090.1
e
e
.
~ 25-18
PARKS AND SWIMMING POOLS
~ 25-31
and the dressing rooms, and the conduct of persons therein,
and shall change or amend such rules or regulations from time
to time as the need therefor may arise, ~ny such amendment
or changes shall be submitted to the board of commissioners
for their approval. After such approval, such rules shall be
printed and posted in conspicuous places in the dressing
rooms, toilets and other places in and about said parks and
pools, and after such posting, any violation of such rules shall
be considered a violation of the provisions of this Code, and
any person violating the same shall be refused admission to
or removed from the pool, as the case may require. (Code 1960,
S 20-104)
Secs. 25-19-25-28. Reserved.
Article III. Private Swimming Pools
Sec. 25-29. Definitions.
For the purpose of this article, certain terms are herewith
defined as follows:
Sec. 25-29(1). Private shall mean that it is not open to the
public, that it is not publicly owned or not .:>therwise regulated
by the State of Kansas, either by statute or by rules and
regulations of one of its administrative bodies.
Sec. 25-29(2). Swimming pool shall mean any artifically
constructed permanent or portable pool capable of being used
for swimming or bathing, having a depth of two (2) feet or
more at any point.
Sec. 25-30. Permit required.
It shall be unlawful to construct or establish a private swim-
ming pool without having obtained a permit therefor in the
manner hereinafter specified.
Sec. 25-31. Application for permit; plans required; approval.
Application for construction and maintenance of a private
swimming pool shall be made to the building inspector by the
1091
~ 25-31
SALINA CODE
~ 25-35
owner of the property or by the contractor who is to construct
the swimming pool. The application shall be accompanied by
duplicate sets of plans, specifications and' plot plans of the
property. The plot plan shall show the accurate location of
the proposed swimming pool on the property, together with
any proposed bath houses or cabanas. The plot plan shall also
show the location, height and type of alJ existing fences or
walls on the boundary line to the property, together with the
type and height of such fencing or enclosure as may be re-
quired by section 25-45, to prevent, within reason, any person
from gaining access beneath or through the fence when the
pool is unguarded or unattended. No permit for a private
swimming pool shall be issued by the building inspector until
the plans, specifications and plot plans bave been approved
by the health officer and city engineer of the city and such
approval has been properly certified on the plans.
Sec. 25-32. Materials to be waterproof easily cleaned.
All materials used in the construction of a private swim-
ming pool shall be waterproof and' easily cleaned.
Sec. 25-33. Construction and design generally.
Construction and design of private swimming pools shall
be such that they may be maintained and operated as clean
and sanitary pools at all times.
Sec. 25-34. Recirculation, filteration systems required.
All private swimming pools shall be equipped with recircu-
lation and filteration systems of such type and size as is
deemed adequate by the health officer.
Sec. 25-35. Maintenance generally.
The owner of every private swimmil1.g pool shall be re-
sponsible for maintaining said pool in good, sanitary condition
and shall prevent breaks in the pool or water from the pool
overflowing onto adjacent public or private property.
1092
e
e
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~ 25-36
PARKS AND SWIMMING POOLS
~ 25-42
Sec. 25-36. Source of water supply.
No source of water other than that secured from the city
water distribution system shall be used in private residential
swimming pools.
Sec. 25-37. Backflow protection required.
All water inlet pipes shall be equipped with backflow pro-
tection.
Sec. 25-38. Discharge system.
All private swimming pools hereafter constructed within
the city shall be provided with one drainage outlet extend-
ing from the pool to either a storm sewer or other drainage
area, which shall be approved by the building inspector.
Sec. 25-39. Compliance with plumbing code.
All pipings, drains and water purification equipment shall
be installed in accordance with the provisions of the plumbing
code of the city.
Cross reference--For plumbing code, see ~ 9-199 et seq.
Sec. 25-40. Lighting.
No artificial lighting shall be maintained or operated in
connection with a private swimming pool in such a manner as
to be a nuisance or annoyance to the neighborhood property.
Sec. 25-41. Compliance with electrical code.
All electrical installations provided or installed in conjunc-
tion with private swimming pools shall be installed in con-
formance with the electrical code of the city, and the National
Electrical Code.
CroBS reference--For electrical code, see ~ 9-108 et seq.
Sec. 25-42. Location of current carrying conductors.
cross pri-
or under-
No current carrying electrical conductors shall
vate residential swimming pools either overhead
ground or within fifteen (15) feet of such pool.
Supp. No. 23
1093
~ 25-43
SALINA CODE
~ 25-47
Sec. 25-43. Grounding of metal fences, railings.
All metal fences, enclosures or railings near or adjacent
to private residential swimming pools which might become
electrically alive as a result of contact with broken overhead
conductors, or from any other cause, shall be effectively
grounded.
Sec. 25-44. Location of pools.
Outside or open air private swimming pools shall be located
not less than ten (10) feet from the side or rear property
line and not less than fifteen (15) feet from the property line
on the street side of the corner lots. No pool shall be located
closer than twenty (20) feet to the principal building on an
adjoining lot nor closer than sixty (60) feet to the front prop-
erty line.
Sec. 25-45. Enclosure of pools.
Every private swimming pool shall be completely sur-
rounded by fence or wall not less than six (6) feet in height
which shall be of a type not readily climbed by children. The
gates shall be of a self-closing and latching type with the
latch on the inside of the gate, not readily accessible for chil-
dren to open, except that the door of any dwelling which forms
a part of the enclosure need not be so equipped.
Sec. 25-46. Safety equipment required.
Each pool shall furnish sufficient safety equipment as may
be required by the state board of health or the city manager.
Sec. 25-47. Existing pools.
When it is deemed necessary by the building inspector or
the health officer, the owner of any pool which existed prior
to the effective date of this Code of Ordinances shall make
such alterations or changes as are necessary to remove any
nuisance or hazard which might cause injury or harm to the
public or to the person or persons that use it. The owner
shall be allowed twenty (20) days to effect such changes
after date of notification.
Supp. No. 23
1094
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~ 25-48
PARKS AND SWIMMING POOLS
~ 25-53
Sees. 25-48, 25-49. Reserved.
ARTICLE IV. SALINA PARK ADVISORY BOARD
See. 25-50. Advisory board established.
There is hereby created a park advisory board to act in
an advisory capacity to the board of commissioners of the
City of Salina, Kansas, in regards to the city's parks, play-
grounds and related facilities. (Ord. No. 8626, ~ 1,3-13-78)
e
Sec. 25-51. Membership; appointment, term.
The park advisory board shall consist of nine (9) members,
each of whom shall be a resident of the city and appointed
by the mayor, with the approval of the board of commission-
ers. The ini.tial appointments to the board shall be for terms
of one, two (2) and three (3) years and thereafter all ap-
pointments shall be for a term of three (3) years and until
a successor is appointed and qualified; provided however,
that no person shall be appointed for more than two (2)
consecutive full terms. (Ord. No. 8626, ~ 1, 3-13-78)
Sec. 25-52. Organization.
The board shall annually organize and elect from its mem-
bers a chairman and such other officers as it deems necessary
or required. (Ord. No. 8626, ~ 1,3-13-78)
Sec. 25-53. Duties and powers.
[It shall be the duty of the park advisory board and such
board shall have the power:]
(a) To hold regular public meetings and keep a written
record of its proceedings which shall be public records.
(b) To annually review the parks, playgrounds and recre-
ational facilities of the City of Salina, 'Kansas.
(c) To utilize the services of the superintendent of the Sa-
lina Recreation Commission, the director of services, and
e
Supp. No. 23
1095
~ 25-53
SALINA CODE
~ 25-54
the superintendent of the Salina Park Department in
connection with their studies of the park and recrea-
tional facilities for the City of Salina, Kansas.
(d) To recommend to the board of commissioners future
park land need and the location thereof.
(e) To recommend to the board of commissioners capital
improvements to the park system.
(f) In general to act as an advisory group to the board
of commissioners in regards to the needs of the City of
Salina, Kansas, for parks, playgrounds and related
facilities. (Ord. No. 8626, ~ 1,3-13-78)
Sec. 25-54. Annual report.
An annual report shall be made to the governing body of the
city as to the activities of the board during the past year
with recommendations it might have concerning the park
system of the City of Salina, Kansas. (Ord. No. 8626, ~ 1,
3-13-78)
[The next page is 1119]
Supp. No. 23
1096
e
Chapter 26
PAWNBROKERS AND SECONDHAND DEALERS*
e
Sec. 26-1. Record and report to police required.
Every pawnbroker and every buyer of secondhand 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, pur-
chased or received by him in the conduct of his said 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 seIling or leaving said property; also the
amount paid for such property or loaned thereon. He shall
make such entries within one hour after the purchase of said
property, and such entries 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 said register, of all property received or purchased
during the preceding twenty-four (24) hours, and a good de-
scription of the person or persons from whom the same were
purchased. (Code 1960, S 16-801)
Sec. 26-2. Availability of records for inspection.
The register required by section 26-1 shall at all times be
kept open to the inspection of the commiRsioners, city manager
and the police department. (Code 1960, S 16-802)
Sec. 26-3. Availability of merchandise for inspection.
The dealer or buyer shall, upon request, exhibit to any
commissioner, the city manager or member of the police de-
partment for inspection any article or articles purchased or
received by him. (Code 1960, S 16-802)
e
"'Cross reference--For license fee for pawnbrokers, see !l 20-57.
1119
~ 26-4
SALINA CODE
~ 26-7
Sec. 26-4. Purchases from children.
No such dealer or buyer shall purchase or receive any ar-
ticle or property from any person under the age of eighteen
(18) years. (Code 1960, S 16-803)
Sec. 26-5. Purchasing stolen property.
No such buyer or dealer 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 person
so offering it for sale. (Code 1960, S 16-803)
Sec. 26-6. Merchandise to be displayed for three days before
sale.
Every such buyer or dealer shall keep in plain view of the
public in some conspicuous place, for a pe).iod of at least three
(3) days from the date and time of purchase or receiving
same, all articles so purchased or received. (Code 1960, S 16-
804)
Sec. 26-7. Forfeiture of license.
In addition to the criminal penalty provided for violation
of this Code, any such dealer or pawnbroker, licensed under
the terms of this chapter or any ordinance of the city, who
violates, fails, neglects or refuses to com?ly with the terms of
this chapter shall forfeit such license upon a hearing before
the board of commissioners after five (5) days' notice duly
given of the time and place of such hearing. (Code 1960, S
16-806)
[The next page is 1145]
1120
e
Chapter 27
PLANNING*
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
In General, llll 27-1-27-22
Comprehensive Plan, ll~ 27-23-27-45
Plants and Subdivisions, llll 27-46-27-77
Div. 1. Generally, ~~ 27-46-27-59
Div. 2. Plats, ~~ 27-60-27-77
Setback Lines, llll 27-78-27-90
North Central Regional Planning Commission, llll 27-91-
27 -97
ARTICLE I. IN GENERALt
Sec. 27-1. Commission created.
..
There is hereby created a commission to be known as the
city planning commission of the City of Salina. (Ord. No. 8348,
S 1,4-29-74)
e
Sec. 27-2. Commission membership.
The city planning commission shall consist of nine (9)
electors of which number two (2) members shall reside out-
side of, but within three (3) miles of the corporate limits of
the City of Salina, and all of the remaining members shall
be residents of the City of Salina, who shall be appointed by
the mayor, by and with the consent of the board of commis-
sioners. The members of the commission first appointed shall
serve respectively for terms of one year, two (2) years and
three (3) years; thereafter members shall be appointed for
terms of three (3) years each. Vacancies shall be filled by
appointment for the unexpired term only. Members of the
commission shall serve without compensation for their serv-
ices. (Ord. No. 8348, S 1,4-29-74)
*Cross references-For zoning ordinance, see Appendix A of this
volume; for subdivision regulations, see Appendix B of this volume.
tEditor's note-Ord. No. 8348, ~~ 1, and 2, adopted April 29,1974,
repealed former Art. I, ~~ 27-1-27-15, relative to the metropolitan
planning commission, and enacted in lieu thereof a new Art. I, ~~
27-1-27-3, as herein set out. Former Art. I was derived from Ord. No.
8241, ~ 1, adopted Aug. 21, 1972.
Supp. No. 25
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1145
~ 27-3
SALINA CODE
~ 27-22
Sec. 27-3. Powers and duties of the commission.
The city planning commission shall have those powers and
duties as specified in Article 7 of Chapter 12 of the Kansas
Statutes Annotated and amendments thereto. (Ord. No. 8348,
S 1, 4-29-74)
Sec. 27-4. Application fees.
Every application for a zoning certificate, occupancy cer-
tificate and variance, conditional use permit, filing of a notice
of appeal, map amendment (rezoning), zoning text amend-
ment, preliminary or final plat approval, annexation, street
name change or any other request or application to the plan-
ning commission shall be accompanied by the following fees:
Type of Application
Fee
Ma p amendment (rezoning) __________________n_____n_______n____$l 00. 00
Text amendment __________n_________n___n______n______n____n__n_____ 20.00
Conditional use permit (exception) _______n________________nn 30.00
A ppeal __n_nn___n____n_n__n_n____n____n__nnn__n_________n______________ 2 O. 00
Variance m____n___________n____n____n__________n____n_____________________n 50.00
Occupancy certificate __n_m___nn____________nm_____________nh___ 5.00
Zoning certificate (sign permit) nn__n_________________n__n 6.50
Planned development district :
Preliminary development plan _____n____n________n_____ 60.00
Final development plan (each geographic area
requested) mm__m____n___m____n___mn_________n______ 20.00
Subdivisions:
Preliminary plat (rounded to nearest whole dol-
lar ___m____m___________nm_______m_______________n_______n__ ___ 75.00
+ $5.00/acre not to exceed $300.00
Final plat ______mm____n_____m___n_____nnn_____n_______________ 75.00
Street name changes nm_mn____________n____mm_________________ 20.00
Annexations _________m____ __ _ _ ___m______m___n_________mn____________ 20.00
All other requests to planning commission _______nnm_ 20.00
(Ord. No. 8527, S 1, 12-20-76; Ord. No. 8735, S 1, 8-13-79)
Sees. 27-5-27-22. Reserved.
Supp. No. 25
1146
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~ 27-23
PLANNING
~ 27-25
ARTICLE II. COMPREHENSIVE PLAN
Sec. 27-23. Commission authorized to make.
The planning commission is hereby authorized to make or
cause to be made a comprehensive plan for the development
of such city and any unincorporated territory lying outside
of the city but within the county in which such city is located,
which in the opinion of the commission forms the total com-
munity of which the city is a part. (Code 1960, ~ 21-104)
State law reference-For similar provisions, see K.S.A. 12-704.
e
Sec. 27-24. Surveys, studies required.
In the preparation of the comprehensive plan, the planning
commission shall make or cause to be made comprehensive
surveys and studies of past and present conditions and trends
relating to land use, population and building intensity, public
facilities, transportation and transportation facilities, eco-
nomic conditions, natural resources, and may include any
other element deemed necessary to the comprehensive plan.
(Code 1960, ~ 21-104)
State law reference-For similar provisions, see K.S.A. 12-704.
Sec. 27-25. Scope and contents.
The proposed comprehensive plan, which may in addition
to a written presentation, include maps, plats, charts and
other descriptive matter, shall show the commission's recom-
mendations for the development or redevelopment of said
territory including:
Sec. 27-25(1). The general location, extent and relationship
of the use of land for agriculture, residence, business,
industry, recreation, education, public buildings and
other community facilities, major utility facilities both
public and private and any other use deemed neces-
sary;
Sec. 27-25(2). Population and building intensity standards
and restrictions and the application of the same;
Supp. No. 25
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1147
.. .~.. 27 ~25
SAIXNA 'CODE
~ 27-26
Sec. 27-25(3). Public facilities including transportation fa-
cilities of all types whether publicly or privately owned
which relate to the transportation of persons or goods;
Sec. 27-25 (4-). Public improvement programming based
upon a determination of relative urgency;
Sec. 27-25(5). The major sources and expenditure of public
revenue including long range financial plans for the
financing of public facilities and capital improvements,
based upon a projection of the economic and fiscal ac-
tivity of the community, both public and private;
Sec. 27-25(6). Utilization and conservation of natural re-
sources; and,
Sec. 27-25(7). Any other element deemed necessary to the
proper development or redevelopment of the area. (Code
1960, ~ 21-104)
State law reference--For similar provisions, see K.S.A. 12-704.
Sec. 27-26. Approval in whole or in part; referral to govern-
ing body.
The planning commission, by an affirmative vote of a ma-
jority of its members, may approve the recommended com-
prehensive plan as a whole by a single resolution or may by
successive resolutions approve parts of the plan, said parts
corresponding with the major goegraphical sections of the
area or with functional subdivisions of the plan. Such resolu-
tion shall specifically identify any maps, plats, charts or other
materials made a part of such plan. Before the approval of
Supp. No. 25
1148
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~ 27-26
PLANNING
~ 27-30
any such plan or part thereof the planning commission shall
hold a public hearing thereon, notice of which shall be pub-
lished once in the official city newspaper at least twenty (20)
days prior to the date fixed for hearing. Upon the approval
of any such plan or part thereof, a certified copy of the same
shall be submitted to the governing body of the city and all
other legislative and administrative agencies affected thereby.
(Code 1960, S 21-104)
State law reference-For similar provisions, see K.S.A. 12-704.
e
Sec. 27-27. Consideration by, recommendations of governing
body and other agencies.
The governing body of the city and other legislative and
administrative agencies shall, within sixty (60) days after
the receipt thereof, consider such proposed plan or part there-
of and submit a statement containing iis recommendations
regarding the same to the planning commission.
State law reference--For similar provisions, see K.S.A. 12-704.
Sec. 27-28. Final adoption.
The planning commission shall reconsider such matter and
thereafter may adopt such proposed plan or part thereof as.
the official plan of the city.
State law reference-For similar provisions, see K.S.A. 12-704.
Sec. 27-29. Filing, signature, attestation.
All reports and documents forming the comprehensive plan
or part thereof as adopted shall bear the signature of the
chairman and secretary of the planning commission and an
attested copy of the same shall be certified to all legislative
and administrative agencies affected by the plan. (Code 1960,
S 21-105)
State law reference-For similar provisions, see K.S.A. 12-704.
e
Sec. 27-30. Purposes.
The comprehensive plan or part thereof shall constitute
the basis or guide for public action to insure a coordinated
and harmonious development or redevelopment which will best
1149
~ 27-30
SALINA CODE
~ 27-33
promote the health, safety, morals, order, convenience, pros-
perity and general welfare as well as a wise and efficient
expenditure of public funds. (Code 1960, ~ 21-104)
State law reference-For similar provisions, see KS.A. 12-704.
Sec. 27-31. Amendments and additions to plan.
The planning commission may at any time review or recon-
sider the plan or any part thereof and may propose amend-
ments, extensions or additions to the same. The procedure for
the adoption of any such amendment, extension or addition
to any plan or part thereof shall be the same as that required
for the adoption of the original plan or part thereof. (Code
1960, ~ 21-104)
State law reference-For similar provisions, see KS.A. 12-704.
Sec. 27-32. Annual review and recommendations.
The planning commission shall annually review such plan
for the purpose of determining if any portion of the plan has
become obsolete and shall make a report to the governing
body regarding the same on or before the first day of June of
each year.
State law reference-For similar provisions, see KS.A. 12-704.
Sec. 27-33. Approval of improvements covered by plan.
Whenever the planning commission shan have adopted and
certified the comprehensive plan of the community or of one
or more major sections or districts thereof, then and hence-
forth no public improvement, public facility or public utility
of a type embraced within the recommendations of the com-
prehensive plan or portion thereof shall be constructed with-
out first being submitted to and being approved by the
planning commission as being in conformity with the plan.
If the planning commission does not make a report within
sixty (60) days, the project shall be deemed to have been ap-
proved by the planning commission. In case the planning com.
mission shall find that any such proposed public improvement,
facility or utility does not conform to the plan, the commis-
sion shall submit forthwith in writing the manner in which
1150
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~ 27-33
PLANNING
~ 27-45
such proposed improvement, facility or utility does not con-
form, to the governing body sponsoring the same, and such
governing body may, by a recorded vote of three-fourths (%.)
majority of its membership overrule the disapproval of the
planning commission and the plan for the area concerned
shall be deemed to have been amended and the planning com-
mission shall make the necessary changes in the plan to reflect
the same. (Code 1960, ~ 21-105)
State law reference--For similar provisions, see K.S.A. 12-704a.
Sec. 27-34. Development of plan outside city; acquisition of
rights-of-way and lands.
e
When the city shall have adopted a master street plan for
the city and its environs, as provided by K.S.A. 12-704, it may
develop such master street plan outside the corporate limits
and within three (3) miles thereof in accordance with agree-
ments entered into pursuant to K.S.A. 68-169. The board of
commissioners is further authorized to acquire the necessary
rights-of-way and lands for such roads and highways by pur-
chase, gift, dedication or condemnation as provided by law
for opening, widening, extending or improving streets, and
to pay the necessary costs of such acquisition in the same man-
ner as provided by law for streets within the cOl'porate limits
of the city. (Code 1960, ~ 21-110)
State law reference-For similar provisions, see K.S.A. 13-1l14b.
Sec. 27-35. Existing master plan continued in effect.
Any master plan or part thereof adopted by the planning
commission adopted prior to the effective date of this Code
is hereby ratified, confirmed and validated and shall continue
in force and effect the same as though adopted under the
provisions of this Code, until the same is modified or a new
comprehensive plan or part thereof is adopted as provided in
this article.
State law reference--For similar provisions, see K.S.A. 12-706a.
e
Sees. 27-36-27-45. Reserved.
1151
~ 27-46
SALINA CODE
~ 27-48
Article III. Plats and Subdivisions~
DIVISION 1. GENERALLY
Sec. 27-46. Regulations authorized; territorial jurisdiction.
The city planning commission, after the adoption of a com-
prehensive plan, may adopt and may amend regulations
governing the subdivision of land located within an area
which shall be designated by resolution of the board of com-
missioners for this purpose. Such area shall include the in-
corporated area of the city and may inchlde allY unincorpo-
rated territory lying outside of but within three (3) miles
of the nearest point on the city limits provided such territory
is within the same county in which such city ip located and
does not extend more than one-half (112) of the distance be-
tween such corporate limits and the corporate limits of an-
other city which has adopted regulations under the provisions
of this section. (Code 1960, S 21-106)
State law reference-For similar provisions, see K.S.A. 12-705.
Sec. 27-47. Notice of hearing on regulations required.
Before the adoption of 'Such subdivision regulations or any
amendments thereto, the planning commission shall cause a
notice of a hearing to be held thereon to be published in the
official city newspaper. Such notice shall be published once
in the official city newspaper at least twenty (20) days prior
to the date of such hearing. (Code 1960, S 21-106)
State law reference-For similar provisions, see K.S.A. 12-705.
Sec. 27-48. Approval of regulations.
No such subdivision regulations or change'S or amendments
thereto adopted by a city planning commission shall become
effective unless and until the same has been submitted to
and approved by the governing body of the city and no such
regulations or changes or amendments thereto adopted by a
joint committee as hereinafter provided, 'Shall become effec-
*Cross reference-The subdivision regulations authorized by this i>r-
ticle are set out in Appendix B of this volume.
1152
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~ 27-48
PLANNING
~ 27-52
tive unless and until the same has been submitted to and ap-
proved by both the board of county commissioners and the
governing body of the city.
State law reference-For similar provisions, see K.S.A. 12-705.
Sec. 27-49. Contents, scope of regulations.
Such subdivision regulations may provide for the harmo-
nious development of the community, including the proper
location and width of streets, and for building lines, open
spaces, safety and recreational facilities o.md for the avoidance
of congestion of population, including minimum width, depth
and area of lots and compatibility of design. (Code 1960, ~ 21-
106)
State law reference-For similar provisions, see K.S.A. 12-705.
e
Sec. 27-50. Regulations may provide for improvements.
Such subdivision regulations may also a~ a condition to the
approval of any plat require and fix the extent to which and
the manner in which streets shall be improved and water,
sewer, drainage and other utility mains and piping or connec-
tions or other physical improvements shall be installed. (Code
1960, ~ 21-106)
State law reference-For similar provisions, see K.S.A. 12-705.
Sec. 27-51. Security in lieu of improvements.
Such subdivision regulations may provide that in lieu of
the completion of such work or improvements prior to the
final approval of the plat, the governing body may accept
a corporate surety bond, cashier's check, escrow account or
other like security in an amount to be fixed by the governing
body and conditioned upon the actual completion of such work
or improvements within a specified period, in accordance with
such regulations, and the governing body may enforce such
bond by all equitable remedies. (Code 1960, ~ 21-106)
State law reference-For similar provisions, see K.S.A. 21-106.
e
Sec. 27-52. Joint city-county regulations.
Sec. 27-52(1). If the area designated by the governing body
of the city shall include any area lying outside of the city and
governed by the regulations of the county, a copy of the reso-
1153
~ 27-52
SALINA CODE
~ 27-53
lution of the governing body designating such area shall be
certified to the board of county commissioners or if at any
time subsequent to the adoption of regulations governing the
subdivision of land by the city planning commission, the board
of county commissioners shall by resolution designate an area
for such purposes which shall include lands lying within the
area designared and governed by regulations of the city, the
hoard of county commissioners shall certify a copy of such reso-
lution to the governing body of the city and regulations gov-
erning the subdiv~sion of land within the area designated by
the city shaH be adopted and administered in the manner herein-
after provided.
Sec. 27-52(2). Within sixty (60) days after the date of the
certification of 'Said resolution by the board of county com-
missioners or the governing body of the city there shall be
established by joint resolution of said board of commissioners
and governing body, a joint committee for subdivision regu-
lation which shall be composed of three (3) members of the
county planning board and three (3) members of the city
planning commission to be appointed by the chairman of such
board and commission and one member to be selected by the
six (6) members.
Sec. 27-52(3). Such joint committee shall have such author-
ity as is provided by law for county planning boards and city
planning commissions relating to the adontion and administra-
tion of regulations governing the 'Subdivision of land within
the area of joint designation.
Sec. 27-52 (4-). Regulations adopted by the county or city
and in effect at the time of the certification of such resolu-
tion by the board of county commissioners or the governing
body of the city shall remain in effect until new regulations
shall have been adopted by the joint committee or for a period
not exceeding six (6) months from and after the date of the
certification of such resolution.
State law reference--For similar provisions, see K.S.A. 12-705a.
Sec. 27-53. Prior regulations continued in effect.
Any subdivision regulations adopted prior to the effective
date of this Code are hereby ratified, confirmed and validated
1154
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~ 27-53
PLANNING
~ 27-60
and shall continue in force and effect the same as though
adopted under the provisions of this article, until the same is
modified or new subdivision regulations or lines are adopted
as provided in this article.
State law reference-For similar provisions, see K.S.A. 12-706a.
e
Sec. 27-54. Regulations approved and adopted.
The subdivision regulations of the City Planning Commis-
sion of Salina, Kansas, as adopted by that board, on the
twenty-seventh day of September, 1963, are hereby adopted
by reference as the rules and regulations governing the sub-
division of land within the city, and within three (3) miles
of the corporate limits thereof. Copies of such subdivision
regulations shall be kept on file in the office of the city clerk,
office of the city planner and office of the city engineer. (Ord.
No. 6751, ~~ 1,2, 12-2-63)
Cross reference--The subdivision regulations adopted by this section
are set out in Appendix B of this volume.
Sees. 27-55-27-59. Reserved.
DIVISION 2. PLATS
e
Sec. 27-60. Required.
Whenever any regulations governing the subdivision of land
under the provisions of this article shall have been adopted,
the owner or owners of any land located within the area gov-
erned by such regulations subdividing the same into lots and
blocks or tracts or parcels, for the purpose of laying out any
subdivision, suburban lots, building lots, tracts or parcels or
any owner of any land establishing any street, alley, park
or the location and dimensions of all streets, alleys, parks or
purchasers or owners of lots, tracts or parcels of :iand fronting
thereon or adjacent thereto, shall cause a plat to be made
which shall accurately describe the subdivision, lots, tracts
or parcels of land giving the location and dimensions thereof
or the location and dimensions of an streets, alleys, parks or
other properties intended to be dedicated to public use or for
1155
~ 27-60
SALINA CODE
~ 27-65
the use of purchasers or owners of lots, tracts or parcels of
land fronting thereon or adjacent thereto and every such plat
shall be, duly acknowledged by the owner or owners thereof.
State law reference--For similar provisions, see K.S.A. 12-705b.
Sec. 27-61. Submission to commission required.
All such plats shall be submitted to the city planning com-
mission or to the joint committee for subdivision regulation
if such has been formed, which shall determine if the same
conforms to the provisions of the subdivision regulations.
State law reference~For similar provisions, see K.S.A. 12-705b.
Sec. 27-62. Deadline for approval.
If such determination is not made within sixty (60) days
after the plat has been submitted for coni'ideration, such plat
shall be deemed to have been approved and a certificate shall
be issued by the secretary of the planning commission or joint
committee upon demand.
State law reference~For similar provisions, see K.S.A. 12-705b.
Sec. 27-63. Notice of disapproval required.
If the planning commission or joint committee shall find
that the plat does not conform to the requirements of the sub-
division regulations, it shall notify the owner or owners of
such fact.
State law reference~For similar provisions, see K.S.A. 12-705b.
Sec. 27-64. Endorsement of approval.
If the plat conforms to the requirements of such regulations,
there shall be endorsed thereon the fact that it has been sub-
mitted to and approved by the city planning commission or
joint committee.
State law reference-For similar provisions, see K.S.A. 12-705b.
Sec. 27-65. Authority to establish approval fees.
The planning commission or joint committee may establish
a scale of reasonable fees to be paid in :1.dvance to the secre-
1156
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~ 27-65
PLANNING
~ 27-78
tary of the planning commission or joint committee by the
applicant for approval for each plat filed with the planning
commission or joint committee.
State law reference-For similar provisions, see K.S.A. 12-705b.
Sec. 27-66. Building permits prohibited in unapproved sub-
divisions; recording unapproved plats.
No building permit shall be issued for the construction of
any structure upon any lot, tract or parcel of land located
within the area governed by the subdivision regulations that
has been subdivided, resubdivided or replatted p.fter the date
of the adoption of such regulations by the gO;lerning body
or governing body and board of county commissioners but
which has not been approved in the manner provided by this
article and the register of deeds shall not file any plat as pro-
vided by law until such plat shall bear the endorsement here-
inabove provided.
State law reference-For similar provisions, see K.S.A. 12-705b.
Sec. 27-67. Fee for platting or replatting.
Any person submitting a plat or replat to the city planning
commission for its consideration shall at that time pay to the
city clerk the fee provided for by the subdivision regulations
of the planning commission. (Code 1960, ~ 21-113; Ord. No.
6756, S 1, 12-9-63)
Sees. 27-68-27-77. Reserved.
Article IV. Setback Lines
Sec. 27-78. Establishment authorized; effect.
Whenever the city has as a part of its ~omprehensive plan
adopted a plan for its major street or highway system. after
consultation with the urban highways department of the state
highway commission and the county engineer and any county
or metropolitan planning commission of the county or coun-
ties within which such system shall lie, the governing body
of the city is hereby authorized and empowered, by ordi-
nance, to establish building or setback lines on such existing
1157
~27-78
SALINA CODE
9 27-82
and proposed major streets or highways, and to prohibit any
new building being located within such building or setback
lines within the plat approval jurisdiction of the city. Such
ordinance may incorporate by reference an official map,
which may include supplementary documents, setting forth
such plan which shall show with reasonable survey accuracy
the location and width of existing or proposed major streets
or highways and any building or setback lines.
State law reference-For similar provisions, see K.S.A. 12-705.
Sec. 27.79. Enforcement.
The governing body of the city shall provide for the method
by which this article shall be enforced.
State law reference-For similar provisions, see K.S.A. 12-705c.
Sec. 27-80. Ordinance, map to be filed.
No official setback line map shall be enforced until after
a certified copy of such map and adopting ordinance shall have
been filed with the register of deeds of the county.
State law reference-For similar provisions, see K.S.A. 12-705c.
Sec. 27-81. Modifications, variances authorized.
The board of zoning appeals shall have power to modify
or vary the building restrictions herein ~uthorized in specific
cases, in order that unwarranted hardship, whieh constitutes
a complete deprivation of use as distinguished from merely
granting a privilege, may be avoided, yet the intended purpose
of the regulations shall be strictly observed and the public
welfare and public safety protected.
State law reference-For similar provisions, see K.S.A. 12-705c.
Sec. 27-82. Hearing required; notice.
The setback regulations or official map shall not be adopted,
changed or amended by the governing body until a public
hearing has been held thereon by the governing body; a notice
of the time and place of such hearing shall be published in the
official city paper at least twenty (20) days prior to the hear-
ing.
1158
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~ 27-82
PLANNING
~ 27-92
The powers of this article shall not be exercised so as to
deprive the owner of any existing property of its use or main-
tenance for the purpose to which it is then lawfully devoted.
State law reference-For similar provisions, see K.S.A. 12-705c.
Sec. 27-83. Prior setbacks continued in effect.
Any building or setback lines adopted prior to the effective
date of this Code are hereby ratified, confirmed and validated
and shall continue in force and effect the same as though
adopted under the provisions of this article, until the same
are modified or new building or setback lines are adopted as
provided in this article.
State law reference-For similar provisions, see K.S.A. 12-706a.
Sees. 27-84-27-90. Reserved.
Article V. North Central Regional Planning
Commission *
Sec. 27-91. Name.
There is hereby created the North Central Regional Plan-
ning Commission in Cloud, Ellsworth, Jewell, Lincoln., Ottawa,
Mitchell, Republic and Saline Counties, Kansas. (Ord. No.
8287, ~ 1, 6-4-73)
Sec. 27-92. Membership, qualification and term.
Any incorporated city or county government within Cloud,
Ellsworth, Jewell, Lincoln, Ottawa, Mitchell, Republic and
Saline Counties is eligible for membership in said North Cen-
tral Regional Planning Commission upon passage of an appro-
priate ordinance or resolution and acceptance by said commis-
sion. Each city shall be represented by its mayor or his desig-
nee from the governing body or official responsible to the gov-
erning body. Each county shall be represented by the chair-
*Editor's note-Ord. No. 8287, adopted June 4, 1973, did not expressly
amend this Code, hence inclusion of .~~ 1-7 herein as Art. V, ~~ 27-91-
27-97, was at the discretion of the editors.
Cross reference-Metropolitan planning commission, ~ 27-1 et seq.
Supp. No. 17
1159
~ 27-92
SALINA CODE
~ 27-95
man of the board of county commissioners or his designee
from the commission. Each county may appoint by majority
vote of each board of county commissioners representatives
from special interest groups and/or minority groups located
within the counties. Representatives appointed shall serve at
the pleasure of the board of county commissioners. All mem-
bers shall continue to hold office until their successors are
duly appointed and qualified. (Ord. No. 8287, ~ 2, 6-4-73)
Sec. 27-93. Compensation.
All members of the commission shall serve without compen-
sation. (Ord. No. 82.87, ~ 3, 6-4-73)
Sec. 27-94. Meetings.
Meeting 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
absence of the chairman, or as otherwise provided, upon at
least twenty-four (24) hour notice. All meetings of the com-
mission shall be open to the public. (Ord. No. 8287, ~ 4, 6-
4-73)
Sec. 27-95. Functions, duties and powers.
The North Central Regional Planning Commission shall
have all the functions, duties, and powers as provided in
K. S. A. Sections 12-716 to 12-721 inclusive, as amended. The
general purpose of the North Central Regional Planning Com-
mission shall be to make those studies and plans for the de-
velopment of the region, eliminate planning duplication and
promote economy and efficiency in the coordinated develop-
ment 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 dis-
posal systems, airports, parks, and recreational areas, public
institutions, prevention of blighted conditions, regulatory
codes al).d general capital improvement programs. (Ord. No;
8287, ~ 5, 6-4-73)
SuPp. No. 17
.1160
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~ 27-96
PLANNING
~ 27-97
Sec. 27-96. Rules.
The commission shall adopt bylaws, including rules for the
transaction of commission business, which shall include, but
not be limited to:
(a) Membership.
(b) Officers.
(c) Meetings and voting.
(d) Organization of the commission.
(e) Staff and budget.
(f) Sharing of costs. (Ord. No. 8287, ~ 6, 6-4-73)
e
Sec. 27-97. Separability.
If this article, or any part thereof, shall be held or deter-
mined to be unconstitutional, illegal, ultravires 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 unconsti-
tutional, illegal, ultravire or void, the same shall not affect
any action heretofore taken by the North Central Regional
Planning Commission as heretofore established and consti-
tuted. (Ord. No. 8287, ~ 7, 6-4-73)
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Supp. No. 17
[The next page is 1185]
1161
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Chapter 28
POLICE*
Art. I. In General, ~~ 28-1-28-32
Art. II. Benefit Fund, ~~ 28-33-28-47
Art. III. Merchant or Private Policeman, ~~ 28-48-28-61
Article I. In Generalt
Sec. 28-1. Personnel of department specified.
There shall be in the police department a chief of police;
administrative assistant to the chief of police; captains of po-
lice; desk sergeants; and such other policemen, including pa-
trolmen, plain clothes men, traffic officers, motorcycle offi-
cers and other special officers, as the city manager may from
time to time appoint. (Code 1960, ~ 22-101)
e
Sec. 28-2. General duties of chief.
The chief of police shall perform the duties and exercise
the powers prescribed or authorized by law or ordinance, and
as may be assigned by the city manager. (Code 1960, ~ 22-102)
Sec. 28-3. Chief may suspend officers.
The chief of police may at any time suspend any police
officer, without pay, for any cause which he may deem suf-
ficient, and relieve him of his badge and other insignia, pend-
ing dismissal or reinstatement by the city manager. (Code
1960, ~ 22-102)
Sec. 28-4. General duties of officers.
Police officers shall perform the duties and exercise the
powers prescribed or authorized by law or ordinance or as
may be assigned to them by the chief of police. Any officer
e
*Cross references-For supervision and duties of police department,
see ~ 2-132; for police court, see Ch. 29.
tCross references-For creation and composition of police department,
see ~ 2-94 (4) (a); longevity pay for police department employees, ~
2~63.
1185
S 28-4
SALINA CODE
!i 28-9
shall have authority and shall be required at any time, whether
on or off regular duty, to perform the duties required of him
by law or ordinance, or the orders of the chief of police. (Code
1960, ~~ 22-102, 22-103)
Sec. 28-5. Chief to make regulations.
The chief of police shall from time to time make and keep
on file such rules and regulations relating to the conduct of
the police department and of the police officers as he may
deem necessary. (Code 1960, ~ 22-103)
Sec. 28-6. Chief to issue, amend, revise duty manuals; obe-
dience.
The chief of police may issue, amend and revise duty man-
uals for the police department and such manuals shall be
obeyed by all members of the department. (Code 1960, ~ 22-
103)
Sec. 28-7. Uniform required.
All police officers while on duty shall wear the regulation
police badge, cap, and insignia, all to be furnished by the city,
and a uniform to be furnished by the city, which shall be
approved by the chief, except that in the discretion of the
chief, any officer may at any time be ordered on duty in plain
clothes. (Code 1960, ~ 22-103)
Sec. 28-8. Uniforms, remain property of city.
All police officers' uniforms shall remain the property of
the city.
Sec. 28-9. Hours of duty.
The chief of police shall apportion the officers in his de-
partment into three (3) shifts of eight (8) hours each, so
that each officer shall be on regular duty eight (8) hours
each day and shall make such rules and regulations relating to
the hours of duty and the change of shifts as may be reason-
able and necessary: Provided, that whenever he deems it
1186
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~ 28-9
POLICE
~ 28-13
necessary the chief of police may order any police officer to
remain on duty or to report for duty at any time, in addition
to the eight (8) hours herein provided for. (Code 1960, S 22-
104)
Sec. 28-10. Supervision of shifts.
Each shift shall be in charge of either the chief of police
or the person or officer designated by the chief. (Code 1960,
S 22-104)
Sec. 28-11. Power of arrest.
The chief or any other policeman shall at all times have
power to make or order an arrest upon view of any offense
being committed, with or without process, for any offense
against the laws of the state or ordinances of the city. (Code
1960, S 22-105)
State law reference-For similar provisions, see K.S.A. 13-623.
e
Sec. 28-12. Duty on making arrest when court in session.
The chief or any policeman making an arrest shall bring
the offender, if the offense is against an ordinance, before
the police court for trial, if said court is in session. (Code
1960, S 22-105)
State law reference-For similar provisions, see K.S.A. 13-623.
e
Sec. 28-13. Duties on making arrest when court not in ses-
sion; admission to bail.
If the police court is not in session, the chief or other officer
making the arrest for an offense against the ordinances, with
or without process, shall immediately take the person arrested
to the city prison, and the chief or jailer or any other officer
in charge of the city prison shall, if the defendant is arrested
under a warrant issued by the police judge, in or upon which
warrant it shall appear that the person arrested is to be ad-
mitted to bail in a specified sum, take the bail and discharge
the defendant from actual custody. If any person is arrested
for any offense against the ordinances without a warrant,
the chief of police shall, in the absence of the police judge,
fix the amount in which the person arrested may give bail
1187
~ 28-13
SALINA CODE
~ 28-17
for his appearance before the police court for trial at the
next session thereof after the arrest, and the chid or jailer or
other officer in charge of the city prison shall take the bail
and discharge the person from custody. (Code 1960, S 22-105)
State law reference--For similar provisions, see K.S.A. 13-623.
Sec. 28-14. Cash deposit in lieu of bail authorized.
The defendant may, in the place of gh-ing bail as herein-
before provided, deposit with the chief or j~.i1er or other
officer in charge of the city prison, or with the police judge,
the sum of money fixed as his bail, and be discharged from
custody. (Code 1960, S 22-105)
State law reference--For similar provisions, see K.S.A. 13-623.
Sec. 28-15. Return of cash deposit.
If money has been deposited instead of bail, and the defend-
ant at any time before the forfeiture thereof shall give suffi-
cient bail or bond, or shall surrender himself in open court
or to the chief of police, or be in any manner legally dis-
charged, the police judge shall order a return of the deposit,
and the chief, jailer or other person taking the deposit shall
immediately return the same to the person making such de-
posit and take a receipt therefor.
State law reference--For similar provisions, see K.S.A. 13-623.
Sec. 28-16. Duty on arrest for state law violation.
If the offense for which a person is arrested is against a
state law, the defendant shall be immediately turned over
to the sheriff of the county. (Code 1960, S 22-105)
State law reference--For similar provisions, see K.S.A. 13-623.
Sec. 28-17. Entitlement to complaint.
Any person arrested for any offense without process shall
be entitled, on demand before trial, to have a complaint filed
on oath in writing, and such person shall not at the time be
tried for any other offense than that for which he was ar-
rested and for which the complaint is filed. (Code 1960. S 22-
105)
State law reference-For similar provisions, see K.S.A. 13-623.
1188
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~ 28-18
POLICE
S 28-21
Sec. 28-18. General authority to arrest and detain.
The chief or other police officer or policeman of the city
shall have power to arrest all offenders against the laws of
the state or city by day or by night, and keep them in the city
prison or other place to prevent their escape until a trial can
be had before the proper court: Provided, that no person
shall be imprisoned or held in custody after giving bail, or
making a cash deposit in lieu thereof, as provided in this
article. (Code 1960, ~ 22-106)
State law reference-For similar provisions, see K.S.A. 13-625.
Sec. 28-19. Record of bail bonds and cash deposits-Required.
The police department shall keep at its headquarters a full
and complete record of all bail bonds or cash deposits for the
appearance of persons under arrest by the department, giving
the amount of said bail bond, and the name of the principal
and sureties thereon, and the date of the approval of the same,
the name of the officer taking and approving such bond; and'
also the amount of any cash deposit made with such depart-
ment in lieu of a bail bond, together with the name of the
person for whose appearance said deposit is made, the name
of the person making the said deposit, and the name of the
officer accepting such deposit, in a book to be kept there for
such purpose. (Code 1960, ~ 22-107)
State law reference-For similar provisions, see K.S.A. 13-2304.
Sec. 28-20. Same-Duties of chief and city.
It shall be the duty of the chief of police of the city to keep
or cause to be kept the record provided for in the foregoing
section; and it is further made the duty of the city to furnish
to its police department suitable books, blanks and envelopes
for the keeping of such records. (Code 1960, ~ 22-108)
State law reference-For similar provisions, see K.S.A. 13-2305.
Sec. 28-21. Duties of officers when accepting bail bond or
cash deposit.
It shall be the duty of the police judge or in his absence
the police captain, sergeant or other officer in charge of the
1189
~ 28-21
SALINA CODE
~ 28-22
station to which a person under arrest is brought, immediately
upon his acceptance of a bond for the appearance of such
person to endorse thereon his approval of the sufficiency of
the same, and in the event of his acceptance of any deposit
of money in lieu of such bond, to enclose said money in a
sealed envelope, and to endorse thereon a statement of the
name of the person for whose appearance such deposit is made,
the amount of such deposit, the name of the person making
such deposit, the date of such deposit, the date fer the appear-
ance of said person, which statement shall be signed by said
officer taking such deposit. Upon the approval of any 'Such
bond, or the taking of any such money deposit, the police
judge, or police officer approving such bond, or taking such
money deposit, shall at once record the facts concerning the
same, as set forth in section 28-19, upon a blank furnished
to the police department for such purpl)!':e, WhICh statement
properly 'Signed shall be, together with said' bond or said cash
deposit, by said police judge or police officer, filed with the
chief of police, within twenty-four (24) hours from the time
of the approval of said bail bond, or the taking of such cash
deposit. (Code 1960, @ 22-109)
State law reference-For similar provisions, see K.S.A. 13-2306.
Sec. 28-22. Fee on tendering bail bond or making cash deposit.
Any person tendering a bail bond for approval, or making
a money deposit as herein provided for, shall at said time
pay to the officer making such approval, or accepting such
money deposit, the sum of fifty cents ($0.50) as a fee for
approving and recording 'Said bond', or recording said money
deposit, which fee shall be returned by the police judge or
police officers to the chief of police, together with the state-
ment provided for in section 28-22. Said fees shall be by said
chief of police paid over to the city treasurer to be expended
by the mayor and commissioners, for the relief of members
of the police department who may have been injured while on
duty, or for the relief of the families of members of the police
department who may have been killed while in the perform-
ance of their duty. (Code 1960, @ 22-110)
State law reference-For similar provisions, see K.S.A. 13-2307.
1190
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~ 28-23
POLICE
~ 28-36
Sees. 28-23-28-32. Reserved.
ARTICLE II. BENEFIT FUND
Sec. 28-33. Created.
There is hereby created in the office of the city treasurer
a fund to be known as the "Police Benefit Fund." (Code 1960,
~ 22-201)
Sec. 28-34. Assets.
There shall be credited to the police benefit fund the fees
for the approval and recording of bonds and of cash deposits
for bail as provided in the K.S.A. 13-2307, when and as such
fees are turned over to the city treasurer. (Code 1960, ~ 22-
202)
Sec. 28-35. Purpose.
Such funds shall be held by the city treasurer for the follow-
ing purposes and for none other: The relief of members of
the police department of the city who may be injured while
on duty or who may become ill or otherwise incur medical
expense while employees of said department by providing
cash payments or reimbursement of part or all of medical
expenses actually incurred by members of said department or
by providing health or accident insurance for such purposes.
(Code 1960, ~ 22-203)
Sec. 28-36. Determination of how fund should be spent.
The extent and proportion to which members of the police
department of the city shall become eligible for cash payments
or for reimbursement of medical expense incurred, and wheth-
er or not accident or health insurance shall be provided, and
to what extent, from said fund, shall be determined by the
board of commissioners. The eligibility of a particular claim-
ant to the benefits herein provided shall be passed upon by
the board of commissioners. (Code 1960, ~ 2.2-204)
Supp. No. 24 1191
~ 28-37
SALIN A CODE
~ 28-48
Sec. 28-37. Payments authorized.
The city treasurer is hereby authorized to make payments
from the police benefit fund upon vouchers signed by the indi-
vidual claimant and approved by the board of commissioners.
(Code 1960, ~ 22-205)
Sees. 28-38-28-47. Reserved.
ARTICLE III. MERCHANT OR PRIVATE POLICEMAN*
Sec. 28-48. Definitions.
The following words and phrases, when used in this article,
shall have the meaning, unless the context clearly indicates a
different meaning, respectively ascribed to them as follows:
(a) Liceme shall mean a certificate granting permission for
a person to operate a merchant police service.
(b) Merchant police service shall mean any person en-
gaged for hire in the business of guarding, watching,
patrolling or otherwise attempting to provide security
for the real or personal properly 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.
(c) Merchant policeman shall mean any individual 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.
(d) Permit shall mean a certificate granting permission
for an individual who is employed by a merchant police
service to operate as a merchant policeman.
Editor'. note-Ord. No. 5433, ~ 1, enacted May 19, 1975, amended
Art. III to read as set out in ~~ 28-48--28-68. Formerly Art. III,
relative to merchant or private policemen, was derived from Code 1960,
n 22-301, 22-301-22-307, 22-309; Ord. Nos. 8190, 8191, 8192, adopted
Feb. 7, 1972, and Ord. No. 8322, adopted Dec. 10, 1973.
CrcIliJ8 referen~Licenses generally, Ch. 20.
Supp. No. 24
1192
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~ 28-48
POLICE
~ 28-48
(e) Person shall mean any individual, proprietorship, part-
nership, association, firm, corporation or other business
entity. (Ord. No. 8433, ~ 1, 5-19-75; Ord. No. 8704, ~ 1,
3-12-79)
e
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Supp. No. 24
1192.1
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~ 28-49
POLICE
~ 28-50
Sec. 28-49. Requirements for license and permit.
(a) No person shall provide or engage in a business which
provides merchant police service within the City of Salina,
Kansas, unless such person shall possess a valid license from
the City of Salina, Kansas to engage in such busines.
(b) No individual shall perform any service within the City
of Salina, Kansas, as a merchant policeman unless such individ-
ual shall have in his possession a valid permit from the City of
Salina, Kansas to perform such service. (Ord. No. 8433, S I,
5-19-75)
Sec. 28-50. License application.
Any person desiring to obtain a merchant police service
license shall submit to the city clerk, in writing on a form
provided by said city clerk, containing the following informa-
tion:
(a) Name, address, date of birth and social security number
of person that will engage in providing such merchant
police service.
(b) Name, address, date of birth and social security number
of all officers, directors and other persons active in the
management of the business entity which will provide
such merchant police service.
(c) A description of all vehicles to be used in providing
such service, including the vehicle registration numbers
thereof.
(d) A description of the nature and type of business to be
conducted.
(e) The service to be offered, and the area expected to be
covered in the conduct of the business.
(f) A statement of the number of persons to be employed
by the service.
(g) A description of all weapons registered to the applicant.
Supp. No. 20
1193
~ 28-50
SALINA CODE
~ 28-51
(h) 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 employ-
ment for the five (5) years immediately preceding
the date of this application.
(i) A statement as to whether or not the applicant has
been convicted of any felony, misdemeanor, or ordinance
violation, the nature of the offense, the penalty or
punishment imposed, and the date and place where
such offense occurred.
(j) A statement as to whether or not the applicant has
ever had a judgment or conviction for fraud, deceit, or
misrepresentation entered against him, and if so, the
details thereof.
(k) Such other information as the chief of police may rea-
sonably deem necessary. (Ord. No. 8433, ~ 1, 5-19-75)
Sec. 28-51. Permit application.
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:
(a) Name, address, date of birth of social security number.
(b) One recent photograph, his fingerprints, and a history
of his residence and employment for the five (5) years
immediately preceding the date of this application.
(c) The name and address of the company, corporation, firm
or person by whom applicant will be employed.
(d) If the applicant will use his own vehicle in the course
of acting as a merchant policeman, a description of such
vehicle including the vehicle registration number there-
of.
(e) A description of all weapons registered to the applicant.
(f) A statement as to whether or not the applicant has
been convicted of any felony, misdemeanor, or ordi-
Supp. No. 20
1194
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~ 28-51
POlleE
~ 28-52
nance violation, the nature of the offense, the penalty
or punishment imposed, and the date and place where
such offense occurred.
(g) A statement as to whether or not the applicant has
ever had a judgment or conviction for fraud, deceit
of misrepresentation entered against him, and if so,
the details thereof.
(h) Such other information as the chief of police may rea-
sonably deem necessary.
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 merchant police service license. (Ord. No. 8433, ~ 1,
5-19-75)
Sec. 28-52. Approval or disapproval of applications.
(a) Every application for a license or a permit shall be
submitted to the chief of police for approval or disapproval
and no applicant shall receive a license or permit unless his
application is approved.
(b) The chief of police may disapprove an application 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 in-
formation, or failed to declare a material fact in con-
nection with an application for a permit or a renewal
or reinstatement thereof.
(5) Is not employed by a merchant police service licensed
under this article.
Supp. No. 20
1195
~ 28-52
SALINA CODE
~ 28-63
(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 application for
a merchant police license if the applicant does not meet
the standards set in subsection (b) (2), (3), (4) and (6) of this
section, or if any director, officer, or other person active in the
management 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 reasons for disapproval. A hear-
ing on such appeal shall be held by the board of city com-
missioners no more than forty-five (45) days after the appli-
cant files such notice of appeal. The board of city commis-
sioners may reverse or affirm the decision of the chief of
police. (Ord. No. 8433, ~ 1,5-19-75)
Sec. 28.53. License fee, term, expiration.
(a) The fee for a merchant police service license shall be
thirty-three dollars ($33.00) per calendar year, January 1,
through December 31, provided however, that the fee for the
year 1975 due on June 1, 1975, shall be nineteen dollars and
twenty-five cents .($19.25).
(b) Application for renewal may be made thirty (30) days
prior to the expiration date.
(c) All licenses shall expire on December 31 of each year.
(d) License fees are not refundable upon cancellation dur-
ing a calendar [year.]
(e) Licenses are not transferable nor assignable under
this article. (Ord. No. 8433, ~ 1,5-19-75)
Supp. No. 20
1196
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~ 28-54
POLICE
~ 28-56
Sec. 28-54. Permit fee, term, expiration.
(a) The fee for a merchant police permit shall be twelve
dollars ($12.00) per calendar year, January 1 through Decem-
ber 31, provided however, that the fee for the year 1975, due
on June 1, 1975, shall be seven dollars ($7.00).
(b) Application for renewal may be made thirty (30) days
prior to the expiration date.
(c) All permits shall expire on December 31 of each year.
(d) Permit fees are not refundable upon cancellation during
a calendar year.
(e) Permits are not transferable nor assignable under this
article. (Ord. No. 8433, ~ 1,5-19-75)
Sec. 28-55. Revocation or suspension of license or permit.
The board of city commissioners shall have the authority
to revoke or suspend any license or permit granted pursuant
to this article fer violatoin of any federal or state statute,
city ordinance, for falsification of application documents, for
violation of any provisions of this article, or for any act com-
mitted by a licensee or permittee which is deemed by the board
of city commissioners to make said licensee or permittee unfit
to handle the responsibilities of such license or permit upon
request. Suspension period shall be for a maximum of sixty
(60) days. In cases of revocation or suspension of the license
or permit, a hearing shall be held by the board of city com-
missioners, and the licensee or permit may present any evidence
or be heard with respect to the allegations contained in the
request for revocation or suspension. (Ord. No. 8433, S 1,
5-19-75)
Sec. 28-56. In addition to other licenses or permits.
This article is intended to be in addition to all other licenses
and permits, or other law enforcement authority vested in
persons by the State of Kansas, Saline County or the City
of Salina and it shall not be a defense to the failure to secure
Supp. No. 20
1197
~ 28-56
SALINA CODE
~ 28-58
a license or permit that said person had such other authority.
(Ord. No. 8433, ~ 1,5-19-75)
Sec. 28-57. Insurance.
All merchant police service business licensees shall carry
insurance for the purpose of indemnifying third persons for
bodily inj ury in amounts not less than fifty thousand dollars
($50,000.00) for each bodily injury and one hundred fifty
thousand dollars ($150,000.00) aggregate limit; and further
to indemnify third persons for any damage to property as the
result of the actions of said merchant police service, its agents
or employees, in an amount of not less than twenty-five thou-
sand dollars ($25,000.00) per claimant and fifty thousand
dollars ($50,000.00) aggregate limit. The surety shall be
approved as to form by the city attorney. It shall be the
licensee's responsibility to determine that its insurance car-
rier has notified the city clerk of any lapse or cancellation in
coverage within ten (10) days of notification to the insured.
(Ord. No. 8433, ~ 1,5-19-75)
Sec. 28-58. Identification.
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:
(a) The type of license or permit and expiration date
thereof.
(b) Name, address, physical description and picture of the
licensee or permittee.
(c) The name of the employer if the licensee or permittee
is an agent or employee of a merchant police service.
(d) The signature of the licensee or permittee and that
of the chief of police.
Supp. No. 20
1198
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~ 28-58
POLICE
~ 28-61
(e) A statement as to whether or not the licensee or per-
mittee is authorized to carry a concealed firearm.
(f) Such other information as the chief of police may deem
advisable. (Ord. No. 8433, ~ 1,5-19-75)
Sec. 28-59. Uniforms.
Uniforms, if any, worn by agents or employees of mer-
chant police service licensees while employed within the City
of Salina will be of a color different from those worn by officers
of the Salina Police Department. (Ord. No. 8433, ~ 1, 5-19-75)
Sec. 28-60. 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 Salina Police Department and the certification
by the chief of police or his designee that the licensee or per-
mittee 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.
(Ord. No. 8433, ~ 1, 5-19-75)
Sec. 28-61. Unlawful acts.
It shall be unlawful for any licensee or permittee to:
(a) Hinder or interfere with any investigation under the
jurisdiction of the Salina Police Department.
(b) Fail to report immediately to the Salina Police Depart-
ment 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 coming to the attention of the licensee or per-
mittee while on his client's business for which the client
does not wish to pursue.
Supp. No. 20 1199
~ 28-61
SALINA CODE
~ 28-63
(c) Draw or discharge a firearm in the performance of
his duties except when necessary to protect himself or
someone else from great bodily harm.
(d) Fail to notify the Salina Police Department of any
arrests and fail to turn such person over to the Salina
Police Department. Provided, the licensee or permittee,
upon refusal to the Salina Police Department to take
custody of the subject, may turn the individual over to
any law enforcement agency having legal jurisdiction.
(e) Represent himself to be a member of the Salina Police
Department.
(f) Willfully suppress facts that pertain to any violation of
city, state or federal law. (Ord. No. 8433, S 1, 5-19-75)
Sec. 28-62. Change in personnel.
(a) Whenever an agent or employee of a merchant police
service is discharged, or resigns, for any reason, his employer
shall immediately notify 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 tlie Salina Police Depart-
ment of the reasons for dismissal, or resignation, 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 per-
mit and his. identification 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 remainder of the year, the
identification card and permit may be reissued to him without
charge. (Ord. No. 8433, S 1, 5-19-75)
Sec. 28-63. 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 said vehicle shall be immediately reported to the city clerk
who shall forward a copy to the chief of police. (Ord. No.
8433, S 1, 5-19-75)
Supp. No. 20 1200
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~ 28-64
~ 28-67
POLICE
Sec. 28-64. 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. (Ord. No. 8433, ~ 1,5-19-75)
Sec. 28-65. Bond.
The applicant for license hereunder shall file a bond by a
surety authorized to do business in the State of Kansas 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 of
Salina 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 the business of merchant police serv-
ice. Said bond shall be approved as to form by the city attorney.
(Ord. No. 8433, ~ 1,5-19-75)
Sec. 28-66. Marking of vehicles.
Any vehicle used by a merchant police service or merchant
policeman while performing the duties 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 of Salina or any other govern-
mental law enforcement agency. (Ord. No. 8433, ~ 1, 5-19-75)
Sec. 28-67. Radio equipment in vehicles.
Any vehicle used by a merchant police service or merchant
policeman while performing the duties 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 communications
from and to the police department of the City of Salina.
(Ord. No. 8433, ~ 1, 5-19-75)
Supp. No. 20
1201
A 28-68
SALINA CODE
A 28-68
Sec. 28-68. Red lights and sirens.
Any vehicle used by a merchant police service or merchant
policeman while performing the duties for which he is licensed
or for which he has obtained a permit under this article shall
not operate any flashing red lights or sirens, if any, equipped
on said vehicle within the City of Salina. (Ord. No. 8433,
~ 1, 5-19-75)
[The next page is 1221]
Supp. No. 20
1202
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Chapter 29
POLICE COURT*
Art. I. In General, lili 29-1-29-19
Art. II. Bondsmen, lili 29-20-29-38
Article I. In General
Sec. 29-1. Witnesses; fees and costs.
It shall be the duty of the police judge to summon all per-
sons whose testimony may be deemed material as witnesses
at the trial of any case in police court, upon the request of
either party of the case, and to enforce the attendance of
such witnesses by attachment when necessary. All process
issued to secure the attendance of witnesses as herein pro-
vided may be served in any part of Saline County, as provided
by K.S.A. 13-609. If any trial shall be continued, the court may
verbally notify such witnesses as may be present at the
continuance to attend before him to testify in such case at
the time to which the case is continued, and such verbal
notice shall be valid as a subpoena. Witnesses shall receive
for each day's attendance at such court the sum of one dollar
($1.00) per day, and nine cents ($0.9) per mile for each
mile actually and necessarily traveled in going to and re-
turning from the place of attendance: Provided, that no
witness who resides in the city shall be entitled to any such
mileage. Such witness fees, mileage and costs of serving any
process shall be taxed as costs in the case and assessed against
the defendant when convicted, the same as in state cases.
All witness and mileage fees must be claimed by the filing
of a verified demand therefor before the witness leaves the
place of trial after attending in response to any subpoena or
order. No police officer shall be entitled to any fee as a wit-
ness in police court. Costs incurred on the part of the city
shall be paid by the city if the defendant is convicted and
*Cross references-Police court now desig-nated as municipal court.
* 29-15; general penalty for violating- this code of ordinances. ~ 1-8;
police judge declared within department of law, ~ 2-94(1) (c); powers
and duties of police judge. ~ 2-109; police department. Ch. 28.
aupp. No.6
1221
~ 29-1
SALINA CODE
~ 29-4
shall be unable to pay the judgment against him. When the
defendant is convicted, no costs incurred on his part shall
be paid by the city. If it shall appear to the police judge
that the prosecution of any case has been instituted without
probable cause or from malicious motives, he shall state the
name of the person responsible for such prosecution in his
findings, and shall adjudge the costs of the case against such
person, and shall commit such person to jail until such costs
are paid or secured to be paid. (Code 1960, 9 10-201)
State law references-Witnesses and fees, K.S.A. 13-609; mileage,
K.S.A. 75-3203.
Sec. 29-2. Search warrants generally.
The judge of the police court shall have the power and
authority to issue search warrants based upon probable cause
as shown to him to exist, or upon the signed and sworn state-
ment of the city attorney or assistant city attorney that there
is probable cause to believe that an offense against this Code
or ordinances of the city is being committed on the premises
to be searched, clearly identifying the said premises. (Code
1960, 9 10-208)
Sec. 29-3. Warrants to search for stolen property or alcoholic
beverages-Authorized.
Upon complaint being made on oath, charging that any
personal property under the value of fifty dollars ($50.00)
has been stolen or embezzled, or that alcoholic beverages are
being kept in violation of law, and that complainant suspects
that such property or beverages are concealed in any par-
ticular house or place, if the judge of the police court shall
be satisfied that there are reasonable grounds for such sus-
picion, he shall issue a warrant to search for such property
or beverages. (Code 1960, S 10-202)
Cross reference-Alcoholic beverages generally. Ch. 6.
Sec. 29-4. Same-Direction and command.
A search warrant shall be directed to any police officer
of the city and shall command him to search the place where
such property is suspected to be concealed, in the daytime,
Supp. No.6
1222
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@ 29-4
POLICE COURT
which place shall be designated and the property particularly
described in such warrant, and to bring such property before
the judge of the police court. (Code 1960, S 10-203)
-
Sec. 29-5. Clerk-Position created; appointment.
There shall be a clerk of the police court who shall be
appointed by the city manager and shall serve at his pleasure.
Sec. 29-6. Same-Duties.
The clerk of the police court shall take bonds and cash
deposits, collect fines and costs, keep the records of the court
as required by the police judge, and perform such other duties
as may be assigned by the police judge and city manager. In
the absence of the clerk, the city manager may designate some
person to take bonds.
Sec. 29-7. Working of prisoners; credit against fine and costs.
Whenever any able-bodied male prisoner is confined in the
city jail after having been convicted of the violation of any
provision of this Code or ordinance of the city, and is confined
in punishment therefor, the chief of police shall, under the
direction of the city manager, compel such person to work
at hard labor eight (8) hours of every working day: Pro-
vided however, that the provisions of this section shall not
apply to any prisoner physically unable to work. Any such
prisoner so working shall be credited with five dollars ($5.00)
per day on his fine and costs, and when the fine and costs
are satisfied by such work he shall be discharged from cus-
tody. (Code 1960, S 10-204)
State law reference-For similar provisions. see K.S.A. 62-2109.
Sec. 29-8. Confinement, supervision of working prisoners.
Any person confined in the city prison and when at work,
pursuant to section 29-7, may be secured by such chains,
guards or other means of confinement and restraint as may
be necessary to prevent his escape and the chief of police
may place such prisoner in the care of any policeman or the
street superintendent during the time he may be employed
at such labor and compel him to work under their care and
direction. (Code 1960, S 10-205)
Supp. No.6
1223
@ 29-8
~ 29-9
SALINA CODE
~ 29-15
Sec. 29-9. Refusal of prisoners to work.
If any person liable to be set to work under the provisions
of this article shall refuse to work when required he shall
be kept in close confinement and be fed on bread and water
only until he shall consent to work. (Code 1960, ~ 10-207)
Sec. 29-10. Prisoner's meals.
The chief of police shall cause each prisoner during his
imprisonment to be fed two (2) meals per day, if not working,
and three (3) meals per day if working, of plain and whole-
some food at the expense of the city. (Code 1960, ~ 10-206)
Sec. 29-11. Position of parole officer created.
The position of parole officer for the police court is hereby
created. (Ord. No. 6812, ~ 1, 9-14-64)
Sec. 29-12. Appiontment of parole officer.
The parole officer shall be appointed by the mayor, by
and with the consent of the board of commissioners. (Ord.
No. 6812, ~ 2, 9-14-64)
Sec. 29-13. Duties of parole officer.
The duties of the parole officer shall be to assist the judge
of the police court in having the provisions of paroles and
probations fully complied with, and to perform such other
duties as may be ordered and prescribed by the judge from
time to time. (Ord. No. 6812, ~ 3, 9-14-64)
Sec. 29-14. Salary of parole officer.
The parole officer shall receive for his services such salary
as the board of commissioners may from time to time de-
termine. (Ord. No. 6812, ~ 4, 9-14-64)
Sec. 29-15. Police court designated as municipal court.
The police court of the City of Salina, Kansas, be and the
same is hereby designated as the "Municipal Court of the City
of Salina, Kansas." (Ord. No. 7065, ~ 1,6-17-68)
Amendment note-Ord. No. 7065, ~ 1, amended this Code by addinJo\'
~~ 29-15-29-19. The catchlines were added by the editors.
Supp. No.6
1224
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~ 29-16
POLICE COURT
S 29-19
Sec. 29-16. Judge designated as municipal judge.
The judge of said municipal court of the City of Salina.
Kansas, shall be designated and known as the "Judge of the
Municipal Court" or the "Municipal Judge". (Ord. No. 7065,
S 1, 6-17-68)
Note--See amendment note following ~ 29-15.
Sec. 29-17. Jurisdiction of municipal judge and court.
The municipal judge and the municipal court shall have the
same jurisdiction, powers and duties provided by Chapter 13.
Article 6, of the Kansas Statutes Annotated, and the sections
of the Code of the City of Salina, Kansas, now applicable to the
police court and police judge. (Ord. No. 7065, S 1, 6-17-68)
Note-See amendment note following ~ 29-15.
Sec. 29-18. Code sections referring to police court or judge
applicable to municipal court and judge.
All sections of the Salina Code which now make reference
to the police court or police judge shall hereafter be applicable
to the municipal court and municipal judge, respectively, to
the same extent as if said sections were amended by the
insertion of the word "Municipal Court" in all sections which
refer to the police court and the word "Municipal Judge" in
all sections which refer to police judge. (Ord. No. 7065, S 1,
6-17-68)
Note--See amendment note following ~ 29-15.
Sec. 2,9-19. Court costs.
(a) For each violation of any of the prOVISIOns of the
Salina Code, except for all parking violations not requiring a
court appearance, there is hereby established court costs in
the amount of four dollars ($4.00) to be paid by each
defendant upon conviction or a plea of guilty in the municipal
court.
(b) The municipal judge may establish and assess court
costs in those cases where a complainant fails to prosecute
or where a complaint is dismissed on the motion of the city.
(Ord. No. 7067, S 1, 6-24-68)
Amendment note-Ord. No. 7067, ~ 1, amended this Code by adding
~ 29-19.
supp. No. 10
1225
* 29-20
SALINA CODE
~ 29-23
Article H. Bondsmen
Sec. 29-20. License required.
No person, firm or corporation, other than a surety com-
pany authorized to do business in the State of Kansas by the
state insurance commissioner, shall demand or receive compen-
sation for becoming or providing surety on any bail bond,
recognizance bond, appeal bond, or other court bond unless
such person, firm or corporation shall have a license issued
by the City of Salina. (Ord. No. 7066, ~ 1, 6-17-68)
Amendment note-Ord. No. 7066, ~ 1, amended this Code by adding
~~ 29-20-29-38.
Sec. 29-21. Presumption of receiving compensation.
Any person, firm or corporation, other than a surety com-
pany authorized to do business in the State of Kansas by the
state insurance commissioner, who shall within one (1) cal-
endar year execute or file three (3) or more bonds, as enum-
erated in section 29-20 hereof, shall be presumed to be receiv-
ing compensation therefor, and the said person, firm or
corporation shall have the burden of providing by a preponder-
ance of evidence that no compensation has been or is to be
received. (Ord. No. 7066, 9 1, 6-17-68)
Note-See amendment note following ~ 29-20.
Sec. 29-22. License required of agent or employee.
It is further provided that any person who acts in writing
bonds as the agent or employee of any person, firm or cor-
poration licensed under the provisions of this chapter, shall
have a license issued by the City of Salina. (Ord. No. 7066,
~ 1, 6-17-68)
Note-See amendment note following ~ 29-20.
Sec. 29-23. Application for license; contents.
Any person desiring to secure a license under the provision
of this chapter shall make a verified application in dupli-
cate, both of which copies shall be filed with the city clerk,
such application shall be upon a form provided by the city
clerk and shall contain:
Supp. No. 10
1226
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.
~ 29-23
S 29-24
POLICE COURT
(a) The name and residence of the applicant and how
long he has resided within Saline County, Kansas.
(b) 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 five (5) years im-
mediately preceding making application been convicted
of a felony or any crime involving moral turpitude.
(c) The location and legal description of the real property
which will be pledged by the applicant as security for
the bonds, and whether said real property is encumber-
ed and the amount of the encumberance, if any.
(d) The applicant shall file with this application a veri-
fied 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 Ap-
praisers or by a member of the Salina Real Estate
Board.
(e) 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 instrument to the City of Salina, Kansas,
on the real property which is to be pledged by the ap-
plicant, which instrument shall be recorded in the
Office of the Register of Deeds of Saline County, Kan-
sas, and certified to the city clerk.
(f) If certificates of deposit, savings accounts or govern-
ment bonds are to be pledged by the applicant as se-
curity for the bail bonds, then the applicant shall de-
liver to the city clerk, with said application, the se-
curities or passbooks evidencing the same. (Ord. No.
7066, S 1, 6-17-68; Ord. No. 8090, S 1, 6-29-70)
Amendment note-Ord. No. 8090, ~ 1, amended ~ 29-23 by revising
subsection (e) to include title insurance policies and security instru-
ments, and by adding subsection (f). See also amendment note following
~ 29-20.
Sec. 29-24. Applicant to be fingerprinted.
No application for the irsuance of a license as herein pro-
vided shall be granted unless the applicant be fingerprinted at
Supp. No. 10
1227
~ 29-24
SALINA CODE
~ 29-25
police headquarters, said fingerprints to be forwarded to the
United States Department of Justice. (Ord. No. 7066, \\ 1,
6-17-68)
Note-See amendment note following ~ 29-20.
Sec. 29-25. Examination of application; denial of license to
certain persons; issuance of license.
If the application for a license is in proper form and accom-
panied by the license fee as provided in section 29-26, the
board of commissioners shall examine the application not
later than the second regular meeting following the filing of
the application. After examining the application, the board
of commissioners, if they approve the same, shall issue a
license to the applicant, provided, that no license shall be
issued to:
(a) A person who is not a resident of Saline County, Kan-
sas, and who has not been a resident in good faith of
Saline County, Kansas, for at least one (1) year prior
to the filing of the application.
(b) A person who is not a citizen of the United States.
(c) A person, who, within five (5) years immediately
preceding the date of making application, has been
convicted of a felony or of any crime involving moral
turpitude.
(d) A firm, unless one of the members of the firm is a
resident of Saline County, Kansas, and has resided in
said county for more than one (1) year preceding the
filing of the application for the license, and unless
all the members of the firm shall otherwise, excepting
residence requirements, be qualified to obtain a license.
(e) A corporation, if any manager, officer or director
thereof or any stockholder owning in the aggregate
more than twenty-five per cent (25 %) of the stock of
such corporation, would be ineligible to receive a
license hereunder for any reason other than nonresi-
dence with the county; provided however, that at least
one (1) manager, officer, director, shall comply with
the requirements of subsection (a) above.
Supp. No. 10
1228
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S 29-25
POLICE COURT
~ 29-26
A person, firm or corporation who shall have any un-
satisfied forfeiture or judgment thereon entered on
any bail bond in any court of the City of Salina, Kansas,
or the State of Kansas, or the United States of
America.
A person, firm or corporation 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).
The action of the governing body of the city upon such
license application shall show upon the minutes of the com-
mission meeting. If the license is granted, the board of com-
missioners shall direct the license collector 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. (Ord. No. 7066, S 1, 6-17-68; Ord. No. 8091, SS
1, 2, 6-29-70)
(f)
(g)
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Sec. 29-26. Fees; full amount to be paid; no rebate.
There are hereby prescribed the following license fees for
persons, firms or corporations who are covered by the terms of
this chapter:
e
(a) Persons, firms or corporations who demand or receive
directly, or indirectly, compensation for becoming or
providing surety on any bond, as provided for in
section 29-25 ----______________________________________________$30.00
(b) Any person who shall act in writing bonds as the agent
or employee of any person, firm or corporation licensed
under the provisions of this chapter ---------------_$10.00
The full amount of the license fee shall be paid regardless
of the time of the year the application is made, and the licen-
see shall operate under the license for the remainder of the
calendar year for which the license is issued. No 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 chap-
ter. (Ord. No. 7066, S 1,6-17-68; Ord. No. 8396, ~ 1, 11-25-74)
Supp. No. 19
1229
~ 29-27
SALINA CODE
~ 29-29
Sec. 29-27. Revocation; grounds for.
The board of commissioners, upon five (5) days written
notice to the person holding any license under the provisions
of this chapter, shall revoke such license for any of the follow-
ing reasons:
(a) If a licensee has fraudulently obtained the license by
giving false information in the application therefor;
(b) If the licensee has been convicted in the municipal
court of Salina, Kansas, of violating any of the terms
of this chapter;
(c) If the licensee has become ineligible to obtain a license
under the provisions of this chapter. (Ord. No. 7066
fi 1, 6-17-68)
Sec. 29-28. Suspension of license for violations not justifying
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 provisions of this chapter, 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 chapter, which violation does not in his judgment justify
a recommendation of revocation; 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. (Ord. No. 7066, ~ I, 6-17-68)
Sec. 29-29. List of licensees and fee schedules; posting.
The chief of police shall maintain a list of persons, firms,
or corporations licensed under the provisions of this chapter.
He shall post a copy of said list in a conspicuous place in the
booking rooms in the police station and a copy of said list on
the wall adjacent to the telephone in the jail on the second
floor of the police station. Said list shall contain, after the
name of the person, firm or corporation licensed, the tele-
phone number of each licensee. Said list shall be changed each
week and the names and telephone numbers of the licensees
Supp. No. 19
1230
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S 29-29
POLICE COURT
S 29-32
rotated in such a manner so as to insure that no licensee shall
receive any advantage by reason of said licensees' name and
telephone number appearing first on the list.
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, firms or
corporations licensed under the provisions of this chapter and
their telephone numbers as herein provided. This section
shall not be construed as setting the fees of the licensees and
said licensees may charge such fees as they may desire so long
as said fee is within the limits set forth in the schedule of
fees furnished to the chief of police by said licensee as herein
provided. (Ord. No. 7066, S 1, 6-17-68)
Note-See amendment note following S 29-20.
Sec. 29-30. Licensee not to enter police department without
previous request.
No licensee shall enter the police department for the pur-
pose of obtaining employment as a bondsman, without having
previously been called by a person in custody or by an attorney
or some other person acting in behalf of the person in custody.
(Ord. No. 7066, S 1,6-17-68)
Note-See amendment note following ~ 29-20.
Sec. 29-31. Licensee not to solicit business at police depart-
ment.
No licensee shall personally or otherwise solicit business,
in, at or near the police department. (Ord. No. 7066, S 1,
6-17-68)
Note-See amendment note following ~ 29-20.
Sec. 29-32. Licensee not to loiter in courtroom or police de-
partment.
No licensee shall 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 business shall immediately leave the police
department. (Ord. No. 7066, S 1, 6-17-68)
Note-See amendment note following ~ 29-20.
Supp. No. 10
1231
S 29-33
SALINA CODE
S 29-37
Sec. 29-33. Licensee not to give legal advice or require em-
ployment of particular attorney.
No licensee shall offer or give legal advice to his client, or
attempt to foretell or predict to said 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 attorney
is to be retained. (Ord. No. 7066, ~ 1, 6-17-68)
Note--See amendment note following S 29-20.
Sec. 29-34. Licensee to sit in spectator section of courtroom.
Any licensee hereunder who shall be present in the court-
room in the police department while court is in session shall
sit back of the railing in the chairs provided for spectators.
(Ord. No. 7066, ~ 1, 6-17-68)
Note-See amendment note following S 29-20.
Sec. 29-35. Licensee not to recommend particular attorney.
No licensee shall recommend, directly or indirectly, any par-
ticular lawyer to any client for whom a bond has been
executed. (Ord. No. 7066, ~ 1, 6-17-68)
Note-See amendment note following S 29-20.
Sec. 29-36. Licensee not to refer client to particular attorney
or obtain authorization for attorney to represent
client.
No licensee shall, directly or indirectly, refer any bail bond
client to any particular lawyer nor shall any licensee here-
under obtain from any bail bond client any auhorization
which authorizes a lawyer to represent or plead guilty in
court the person for whom a bond has been furnished. (Ord.
No. 7066, ~ 1, 6-17-68)
Note-See amendment note following S 29-20.
Sec. 29-37. Referral of bail bond business for compensation
prohibited except by licensed agent or employee.
No licensee shall, 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 busi-
Supp. No. 10
1232
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S 29-37
POLlCE COURT
S 29-39
ness or clients to or for said licensee except [unless] said
person be licensed as an agent or employee of said licensee
under the provisions of this chapter. (Ord. No. 7066, S 1,
6-17-68)
Note-See amendment note following ~ 29-20.
Sec. 29-38. Sale or acquisition of property by licensee; notice.
Any licensee who shall encumber, sell, or otherwise dispose
of any property listed in his application for a license, shall
forthwith notify in writing the license collector of the encum-
brance, sale or disposal.
In the event the licensee acquires other property to be used
as security for bonds, the licensee shall furnish to the license
collector a verified appraisal thereof, all as required in section
29-23. (Ord. No. 7066, S 1, 6-17-68)
Note-See amendment note following ~ 29-20.
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Sec. 29-39. Limitation on amount of outstanding bail bonds.
It shall be unlawful for any licensee to execute and have
outstanding at anyone time bail bonds which exceed: (a) the
actual value of the certificate of deposit, savings accounts or
government bonds pledged as security; or (b) seventy-five
(75) per cent of the equity value of the real estate pledged
as security. Violation of this provision shall be grounds for
revocation of license. (Ord. No. 8092, S 1, 6-29-70)
Amendment note-Ord. No. 8092, 9 1, added ~ 29-39 to this Code.
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Bupp. No. 10
[The next page is 1249]
1233
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Chapter 30
PUBLIC UTILITIES*
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Sec. 30-1. Tampering with electric or gas meters, wires, pipes.
Every person who shall, without authority, turn on, unseal
or open an electric or gas meter or service 01' in any way
tamper with any electric wires or gas pipes or meters owned
by any individual, company or corporation supplying gas or
electric current to the city or its inhabitants, or who shall
attach thereto any contrivance, mechanism or device what-
soever, so as to prevent, or which may be designed or in-
tended to prevent, the whole quantity of gas or electric current
supplied to any consumer at meter rates from passing through
and being measured by the meter provided for such pur-
poses, and every consumer of gas or electric current at meter
rates who shall knowingly permit the 8ame 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 shall
be guilty of a misdemeanor. (Code 1960, S 24-101)
Sec. 30-2. Taking gas or current not passing through meter.
Every consumer of gas or electric current at meter rates
who shall, by means of any contrivance, mechanism or de-
vice whatsoever, knowingly take or use I'lny gas or electricity
without the whole quantity so taken or used having passed
through and been measured by a meter provided for such
purpose shall be guilty of a misdemeannr. (Code 1960, S
24-102)
Sec. 30-3. Unlawful device as prima facie evidence against
consumer.
Proof of the existence of any contrivance, mechanism or
device which prevents or which may be designed or intended
to prevent the whole quantity of gas or electric current sup-
e
*CrQSS references-Posting advertising on utility poles, ~ 3-3; wires
in streets regulated, ~ 32-42 et seq.; removal of wires during building-
moving operations, ~ 32.-80; excavations by public service corporations,
~ 32-255; for franchises, see Appendix E of this code.
1249
~ 30-3
SALINA CODE
~ 30-6
plied to any consumer at meter rates from passing through
and being measured by a meter provided for such purpose
on the premises of any consumer of gas or electricity at meter
rates, shall be prima facie evidence that such consumer knew
of the existence thereof, and that he was knowingly taking
and using gas or electric current, as the case may be, with-
out the same having wholly passed through and been meas-
ured by a meter provided for such purpose. (Code 1960, ~
24-103)
Sec. 30-4. Company's right of entry and inspection.
The servants and employees of every company or corpora-
tion supplying gas or electric current to the city or its in-
habitants 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 cor-
rectly measuring the whole quantity of gas or electric current
supplied to such consumer and a denial of such right of in-
spection during reasonable 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 be-
ing measured by a meter provided for that purpose. (Code
1960, ~ 24-104)
Sec. 30-5. 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 apparatus.
Sec. 30-6. Discontinuing service if gas or electricity, fraudu-
lently taken.
The individual, company or corporation supplying gas or
electric current will not be bound to furnish either gas or
electric current to the person convicted of fraudulently taking
gas or electric current. (Code 1960, ~ 24-105)
1250
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S 30-7
PUBLIC UTILITIES
S 30-10
Sec. 30-7. 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 com-
panies or corporations doing business in the city, to keep such
poles painted to the satisfaction of the city manager. (Code
1960, ~ 24-106)
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Sec. 30-8. Poles prohibited in certain district.
It shall be unlawful for any person, company or corporation
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 said
limits. (Code 1960, S 24-102)
Sec. 30-9. Underground wires required where poles prohibited.
All telegraph, telephone and cable television lines con-
structed along or across any street, avenue or alley in the
territory described in section 30-8, shall be placed under-
ground and in compliance with direction13 of the city engineer:
Provided, that this section shall not be construed to prevent
additional cables and lines being placed on pole!': in use prior
to January 1, 1910. (Code 1960, ~ 24-109)
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Sec. 30-10. Trimming of trees, branches.
Where trees and branches extending over the streets, ave-
nues and alleys of the city obstruct and prevent the proper
construction and operation 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
1251
S 30-10
SALINA CODE
~ 30~10
to permit the proper construction and operation of such lines,
such trimming, however, to be done under the direction and
supervision of the superintendent of streets and in such man-
ner as not to unnecessarily injure or impair the life and
appearance of such trees. (Code 1960, ~ 24-111)
[The next page is 1277]
1252
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Chapter 31
REFUSE*
Art. I. Reserved. ~~ 31-1-31-10
Art. II. City Collection Service, ~~ 31-11-31-34
Art. III. Refuse Sanitation, ~~ 31-35-31-61
Art. IV. Private Haulers, ~~ 31-62-31-74
Art. V. Solid Waste Disposal Area, ~ 31-81-31-85
Article I. Reserved
Sees. 31-1-31-10. Reserved.
Article II. City Collection Service
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Sec. 31-11. Definitions.
For the purpose of this article:
Commercial dwelling shall mean a building or portion
thereof designed for or occupied by four (4) or more families
as a residence.
Commercial enterprises shall mean a person engaged in
the operation of a commercial enterprise 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.
Dwelling unit shall mean the enclosure, building or portion
thereof occupied by one or more persons for and as living
quarters.
Multiple dwellings shall mean a. building designed for or
occupied by more than one family and less than four (4)
families.
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.Cross reference_For creation and composition of refuse depart-
ment, see ~ 2-94(2) (d); for appointment and duties of superintendent
of refuse, see ~ 2-119; garbage facilities in mobile homes and mobile
home courts, ~ 21-32; littering prohibited generally, ~ 23-22;. deposit-
ingrefuse in parks prohibited, ~ 25-4.
Supp. No. 17
1277
~ 31-11
SALINA CODE
~ 31-17
Single family dwelling shall mean a building designed for
and occupied by one family.
Sec. 31-12. Santitation department created; to collect refuse.
There is hereby created a sanitation department within the
department of services of the city to provide facilities for the
systematic collection and disposal of refuse, as defined herein,
from all households, commercial establishments and other
premises within the city at such times and in the manner
hereinafter provided. The city, by its sanitation department,
shall have the exclusive right to collect and dispose of all
refuse produced within the city limits except as otherwise
provided herein.
Sec. 31-13. Appointment of superintendent of sanitation.
There shall be appointed by the city manager a superin-
tendent of sanitation.
Sec. 31-14. Superintendent to administer collection.
The superintendent of sanitation shall have the duty of
administering and supervising the collection of refuse from
those premises served by the sanitation department.
Sec. 31-15. Superintendent to supervise landfills.
The superintendent of sanitation shall have the duty of
supervising the operation of all city sanitary landfills.
Sec. 31-16. Other duties of superintendent.
The superintendent of sanitation shall perform such other
duties as the city manager may from time to time assign
to him.
Sec. 31-17. Service charges established.
City refuse collection service shall be available to the house-
holders and occupants of residential premises for the follow-
ing charges to be paid monthly to the. city as hereafter
Supp. No. 17
1278
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~ 31-17
REFUSE
Ii 31-20
provided:, Each dwelling, or household, unit served by the
sanitation department for at least once a week collection,
three dollars and seventy-five cents ($3.75) per month.
Charges for partial month service shall be at the rate of
twelve and one-half cents ($0.125), per day, provided the
minimum fee for starting and stopping service for any period
less than one month shall be three dollars and seventy-five
cents ($3.75). (Ord. No. 7089, ~ 1, 10-7-'68; Ord. No. 8305,
~ 1, 7-17-73; Ord. No. 8654, ~ 1, 8-28-78)
Sec. 31-18. Billing for service charges; when due and pay-
able.
The charges heretofore required to be paid 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.
Sec. 31-19. When bills delinquent; discontinuing 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
without 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 discontinu-
ance, service shall not be resumed until the accumulated de-
linquent fees have been paid.
Sec. 31-20. Contracts for service to dwellings.
Owners, householders or occupants of residential dwellings
of not more than three (3) units not receiving water service
from the city, but reside within the limits of the city, may
contract for refuse collection service by the city. Service
fees as established in section 31-17 shall apply. Said owner,
Supp. No. 24
1279
I 31-20
SALINA CODE
~ 31-35
householder or occupant served by the city shall be billed on
a monthly basis by the water and sewerage department for
the refuse collection services.
Sec. 31-21. Handling of funds.
The water and sewerage department shall furnish the city
treasurer the first of each month, a record of the amount of
the previous month's billing for refuse collection service. The
city treasurer shall transfer from the water and sewerage
department fund to the sanitation department fund the net
amount of said billings. Provided, the sanitation department
shall annually refund to the water and sewerage department
fund all refunds made on accounts for refuse collection serv-
ice as well as all uncollected accounts for refuse collection
service which have been charged off.
Sec. 31-22. Capacity, weight of containers.
Where the sanitation department makes collections, no con-
tainer shall exceed thirty-two (32) gallons capacity, and tht'
combined weight of the container and contents shall not ex-
ceed one hundred (100) pounds.
Sec. 31-23. Authority to adopt regulations.
The sanitation department is authorized to adopt and pro-
mulgate additional rules and regulations as may be necessary
to supplement the provisions of this article.
Secs.31-24-31-34. Reserved.
ARTICLE III. REFUSE AND SANITATION
Sec. 31-35. Definitions.
For the purpose of this article:
Ashes mean residue from the burning of wood, coal, coke,
or other solid combustible materials.
Supp. No. 24
1280
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~ 31-35
REFUSE
~ 31-35
Authorized collector of refuse means any person duly quali-
fied and operating under a license issued by the city as pro-
vided for in this Code or the ordinances of the city, or said
licensee's duly authorized agent.
Commercial dwelling means a building or portion thereof
designed for or occupied by four (4) or more families as a
residence.
Commercial enterprise means a person engaged in the oper-
ation of a commercial enterprise and such commercial enter-
e
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SUPP. No. 17
1280.1
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~ 31-35
REFUSE
~ 31-38
prises shall include the following: Boardinghouses, rooming
houses, hotels, restaurants, motels, trailer courts, public build-
ings, retail stores, schools, churches, hospitals, wholesale
houses and all other users commonly designated as commercial
or business.
Garbage includes every accumulation of animal, vegetable
or other matter that attends the preparation, consumption,
decay, dealing 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.
Refuse means all putrescible and nonputrescible solid
wastes except body wastes. Refuse includes garbage, rubbish,
ashes, street cleanings, dead animals, and solid market and
industrial wastes.
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Rubbi.c:h means nonputrescible solid wastes except ashes.
Rubbish consists of both combustible and noncombustible
materials, such as paper, cardboard, tin cans, yard clippings,
wood, glass, bedding, crockery, metals, and similar objects.
Sec. 31-36. General duties of occupants.
Every occupant or occupants of any dwelling, premises or
commercial establishment shall keep his premises in a clean
and sanitary condition and free from any accumulations of
refuse, and each occupant of any such premises shall dispose
of all refuse in a clean and sanitary manner in accordance
with the minimum requirements set forth in this Code.
Sec. 31-37. 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.
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Sec. 31-38. Who may collect and dispose of refuse.
All refuse accumulated within the city shall be collected,
conveyed and disposed of by an authorized collector of refuse,
the city, or persons authorized to dispose of their own refuse.
1281
~ 31-39
SALINA CODE
~ 32-42
Sec. 31-39. Frequency of collection.
Any and all refuse shall be collected and removed from all
premises at least once every ten (10) days. Where storage
of unwrapped, undrained garbage or swill is permitted, accu-
mulation shall not exceed two (2) days.
Sec. 31-40. Removal by city if person responsible 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 section 15-3 of this Code.
Sec. 31-41. Disposal from unoccupied premises.
It shall be the responsibility of the property owner or his
authorized agent to cause to be collected and disposed of all
refuse accumulated at or on any unoccupied premises withiu
the corporate limits of the city not later than seven (7) days
following vacation of the premises. Upon failure of the prop-
erty 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 prop-
erty 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 premise'S within forty-eight
(48) hours. Inability to contact the property owner or his
authorized agent, or failure of the property owner or his
authorized agent to dispose of the accumulated refuse as
ordered, shall be cause for the health officer to order the
refuse collected and disposed of in accordance with section
15-3 of this Code.
Sec. 31-42. Construction, size, number of containers.
Containers used for unwrapped, undrained garbage or swill
shall be (1) watertight, (2) provided with tight-fitting lids
or covers and shall, unless kept in a special vermin-proofed
room or enclosure or in a waste refrigerator, be kept covered
when stored or not in continuous use, (3) rust resistant, (4)
1282
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S 31-42
REFUSE
~ 31-47
structurally strong to withstand handling stress, (5) easily
filled, emptied and cleaned, (6) furnished with side handles
or a bail, (7) shall not be less than ten (10) gallons minimum
capacity, not more than thirty-two (32) gallons maximum
capacity, (8) weight when filled shall not exceed one hundred
(100) pounds, including container and contents. Provided, con-
tainers of larger capacity, designed to be lifted and emptied by
attachment to the collection vehicle may be approved for use
by the health officer. There shall be a sufficient number of
containers to hold all of the garbage and rubbish containing
food waste which accumulates between periods of removal
from the premises.
Sec. 31-43. Cleaning of containers.
All containers used for the storage of garbage shall be
washed and/or cleaned often enough to prevent the accumu-
lation of putrescible materials or persistent odors, thereby
eliminating attractants for vermin. The owner of the con-
tainer shall be responsible for cleaning and maintaining it.
Sec. 31-44. Storage to be inaccessible to vermin, 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 ap-
proved by the health officer. .
Sec. 31-45. Adequacy of storage facilities.
Storage facilifies shall be adequate for the proper storage
of all garbage and rubbish.
Cross reference-Construction, size, number of containers, ~ 31-42.
Sec. 31-46. Cleanliness of storage areas.
Storage areas shall be clean and shall not constitute a
nuisance.
Sec. 31-47. Storage by commercial enterprises.
(a) Storage rooms or enclosures used by commercial enter-
prises shall be constructed of easily cleanable, washable ma-
terials and shall be vermin proofed. The floors, and the walls
1283
~ 31-47
SALINA CODE
~ 31-51
up to at lea'St 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
as described in section 31-42, and accumulation shall not
exceed two (2) days. Provided further, such containers shall
be thoroughly washed and/or cleaned as provided in section
31-43.
Sec. 31-48. 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 enterprises.
Sec. 31-49. Prevention of spillage from containers.
All containers whether used for garbage, rubbish or both
shall be stored, housed, enclosed or secured SO as to prevent
spillage by wind or animals. Lids or covers unless permanently
attached to container shall be secured to the storage rack or
apparatus, unless containers are stored inside a room.
Sec. 31-50. 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 specifically for such purposes and ap-
proved by the fire department, and equipped with a flue,
chimney, or smokestack which will carry the smoke and odors
therefrom above surrounding rooftops.
Cross reference-Open fires generally, ~ 12,.147.
Sec. 31-51. Unusual situations.
In situations which are not contemplated or considered by
the terms and conditions of this chapter, the health officer
shall have the power and the authority to grant special rights
1284
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~ 31-51 REFUSE ~ 31-62
and privileges on a temporary basis for the collection, hauling
and disposal of trash and garbage where such special privi-
leges are required in order to maintain the health and sani-
tation of the city and its inhabitants or such rights and privi.
lege is required to avoid the creation of a public nuisance.
Sees. 31-52-31-61. Reserved.
ARTICLE IV. PRIVATE HAULERS*
Sec. 31-62. License required; exemptions.
It shall be unlawful for any person to collect, transport
or haul on any streets or alleys in the city or dispose in any.
manner any refuse accumulated in the city without first hav-
ing obtained a refuse hauler's license as hereinafter described:
Provided, this section shall not be construed to apply to the
following:
Sec. 31-62(1). The sanitation department or other depart-
ments of the city;
Sec. 31-62(2). Any and all other governmental agencies;
Sec. 31-62(3). To persons who collect and transport refuse
produced on premises owned and/or occupied by said
person;
Sec. 31-62(1,). Builders, wrecking or demolition contractors,
or other persons engaged in construction or similar
occupations;
Sec. 31-62(5). To persons, firms, or corporations engaged
in the occupations known as tree trimmers or tree
surgeons, agriculture, arboriculture, horticulture, gar-
dening, lawn care, landscaping, nursery work, or sim-
ilar occupations.
Persons who are not required to obtain a license hereunder
shall comply with all other sections of this article and such
other regulations as are prescribed by the health department
for the transportation of refuse over and upon the streets and
alleys of the city.
.Cross reference--For licenses generally, see Ch. 20.
SuPp. No. 19
1285
~ 31-63
SALINA CODE
!l 31-66
Sec. 31-63. Application for license required; approval.
Each person required by this article to be licensed to collect
or remove refuse within the city shall make application for
such license with the city clerk. Upon approval of the health
officer, said application shall be forwarded to the police de-
partment for the vehicle to be inspected as to compliance with
this Code, city ordinances and state statutes relating to equip-
ment and operation of motor vehicles. Upon approval by the
police department, said application 'Shall be forwarderl to the
city clerk for issuance of the license as hereinafter provided.
See. 31-64. Liability insurance required.
A certificate of insurance shall show that the applicant is
covered by an effective liability insurance policy issued by a
solvent corporation authorized to do business within the State
of Kansa's and shall be issued with minimum limits of twenty-
five thousand dollars ($25,000.00) -fifty thousand dollars
($50,000.00) for bodily injury and ten thousand dollars
($10,000.00) for property damage. Said insurance policy
shall not be cancelled or terminated until at least twenty (20)
days after a notice of cancellation of said insurance policy is
received by the city clerk.
Sec. 31-65. Issuance, contents of license.
The license herein provided for shall be issued by the city
clerk and shall be signed by the city manager and 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 de-
scription of the vehicle licensed; but no license shall be issued
until the person applying therefor shall furnish to and file
with the city clerk the receipt of the city treasurer showing
the payment of the amount required by this article to be paid
for such license.
Sec. 31-66. License fee established.
T'le license fee shall be one hundred thirty-three dollars
($133.00) for each vehicle per year or any portion thereof.
(Ord. No. 8397, ~ 1, 11-25-74)
Supp. No. 19
1286
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~ 31-67
REFUSE
~ 31-72
Sec. 31-67. Disposition of revenues.
The city treasurer shall credit all the license fee revenue
collected hereunder to the general fund'.
Sec. 31-68. Prorating fees prohibited; when licenses expire.
No license shall be issued under this article for a less sum
than the annual rates specified herein. Every such license
when issued shall expire the following December thirty-first.
Sec. 31-69. Revocation of licenses.
All licenses issued under this article may be revoked by
the board of commissioners upon the conviction of the licensee
of having violated any of the provisions of this article.
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Sec. 31-70. Age of licensees.
No license required by this article 'shall be granted to any
person under eighteen (18) years of age.
Sec. 31-71. 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 vehicle 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.
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Sec. 31-72. Licenses not transferable; transfer of vehicle reg-
istration.
No license issued hereunder 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:
Sec. 31-72(1). The vehicle to be newly registered shall be
inspected and approved by the police department and
health officer in the manner hereinbefore provided.
1287
~ 31-72
SALINA CODE
~ 31-73
Sec. 31-72(2). The registration of the vehicle theretofore
operated under such license shall be surrendered.
Sec. 31-72(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.
Sec. 31-72(4). A certificate of liability insurance coverage
as required in section 31-64 shall be filed with the
city clerk for the vehicle to be newly registered.
Sec. 31-73. Standards for transportation and vehicles.
The following standards and requirements are hereby es-
tablished as minimum for the sanitary transportation of
refuse:
Sec. 31-73(1). Every vehicle used for the transportation of
refuse shall display a valid, unrevoked permit, issued
by the city clerk, to transport refuse unless exempted
as prescribed hereinbefore.
Sec. 31-73(2). Every vehicle used for the transportation of
refuse shall have a hauling body constructed of metal,
or shall have a metal lining on the floor and all side
walls.
Sec. 31-73(3). Every vehicle shall be provided with a means
of covering the refuse to be hauled and of keeping
such refuse securely within the hauling body. The
hauling body shall be provided with a tight metal hood
having adequate 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, grommets and tie ropes and hooks whereby
the cover can be held securely over the loaded refuse
in a manner acceptable to the health officer.
Sec. 31-73(4). Every vehicle shall be kept well painted,
clean and in good repair.
Sec. 31-73(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.
Sec. 31-73(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
1288
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~.. 31-73
REFUSE
~ 81-81
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 refuse col-
lection and transportation. Said legend shall be printed
in letters no less than two (2) inches in height and
one inch in width, and shall be clearly legible. Said
legend shall include the name under which the ve-
hicle is licensed.
Sec. 31-73(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.
Sec. 31-73(8). Whenever vehicles are to be used for the
transportation of containers holding undrained gar-
bage or swill the containers so carried shall be con-
structed and maintained so as to prevent any splash,
spillage, drippage or leakage of liquid.
Sec. 31-73(9). Every vehicle licensed hereunder shall be
properly maintained in good operating condition in
order to provide dependable service to subscribers.
Cross reference-Vehicles spilling loads prohibited, S 32-1.
Sec. 31-74. Additional regulations authorized.
The health officer shall make, adopt and publish such rules
as may be necesary to make this article effective and facili-
tate the systematic collection, handling and disposal of refuse.
Sees. 31-75-31-80. Reserved.
Article V. Solid Waste Disposal Area*
Sec. 31-81. Establishment of solid waste disposal area.
That Section Seven (7), Township Fifteen (15), Range
Three (3) West of the 6th P.M. in Saline County, Kansas,
*Editor's note-Ord. No. 8306, SS 1-5, adopted Sept. 17, 1973, is in-
cluded herein as Art. V, SS 31-81-31-85, at the discretion of the editors.
Said ordinance did not expressly amend this Code.
SuPP. No. 17
1289
~ 31-81
SALINA CODE
~ 31-84
is hereby established as the solid waste disposal area for the
City of Salina, Kansas, and shall be considered as the solid
waste disposal area as the pharses used in this article. (Ord.
No. 8306, ~ 1,9-17-73)
Sec. 31-82. Use of solid waste disposal area.
All persons, firms, or corporations and their agents, whose
residence or places of doing business are within the corporate
limits of the City of Salina or are within Saline County,
Kansas, shall be privileged to use the facilities of the solid
waste disposal area upon payment of the established fees for
the depositing or dumping of solid waste originating with
the City of Salina or Saline County, Kansas. No persons,
firms or corporations, 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 of Salina or within
Saline County shall be placed in the area. (Ord. No. 8306,
~ 2, 9-17-73)
Sec. 31-83. Rules and regulations.
All persons, firms and corporation 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 conform with
all the rules and regulations which may be adopted by the
City of Salina, Kansas, in regards to the operation of said solid
waste disposal area and with all instructions or orders of
the persons authorized by the city to supervise dumping
operations and with all signs and notices posted at the area.
No persons, firms or corporations or their agents shall have
the right to use the disposal area except during the hours
specified by notice posted at the gate or entrance thereof.
(Ord. No. 8306, ~ 3, 9-17-73)
Sec. 31-84. Removal of objects.
No persons, firms or corporations, or their agents, shall,
except by written permission of the city, remove any article
Supp. No. 17
1290
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~ 31-84
REFUSE
~ 31-86
or object which has been deposited or dumped at the solid
waste disposal area. (Ord. No. 8306, ~ 4, 9-17-73)
Sec. 31-85. Establishment of service fees.
The city shall from time to time, by resolution, establish
fees for the use of said solid waste disposal area and said
fees shall become effective upon publication of said resolution
establishing fees in the official city paper. (Ord. No. 8306, ~
5,9-17-73)
Sec. 31-86. Temporary suspension or waiver of service fees.
The governing body of the City of Salina, Kansas, may by
resolution temporarily suspend or waive the collection of the
service fees established by the City of Salina for the use of
the solid waste disposal area. (Ord. No. 8315, ~ 1, 11-5-73)
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Supp. No. 21
[The next page is 1315]
1291
e
Chapter 32
STREETS AND SIDEW ALKS*
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
Art. VI.
Art. VII.
Art. VIII.
Art. IX.
Art. X.
Art. XI.
Art. XII.
e Art. XIII.
In General, ~~ 32-1-32-22
Bench Marks and Grades, ~~' 32-23-32-36
Obstructions and Encroachments, ~~ 32-37-32-54
Obstructing Visibility at Intersections, ~~. 32-55-32-69
Moving Buildings, ~~ 32-70-32-99
Numbering Buildings, ~~ 32-100-32-115
Driveway and Recessed Parking Areas, ~~ 32-116--32-168
Div. 1. G€neraHy, ~~. 32-115-32-140
Div. 2. Construction Requirements, ~~ 32-141-32-152
Div. 3. Width and Location, ~.~ 32-153-32-168
Surfacing and Resurfacing Roadways, ~~. 32-169-32-203
Div. 1. G€nerally, ~~ 32-169-32-189
Div. 2. Construction Requirements, ~!l 32-190-32-203
Concrete Work in Streets and Public Grounds, ~~ 32-204-
32-230
Service Pipes and Sewers Ahead of Paving, ~~ 32-231-
32-246
Excavations, ~~ 32-247-32-278
Railroad Crossings, ~.~ 32-279-32-301
Div. 1. G€nerally, ~~ 32-279-32-285
Div. 2. Street Lights, ~~ 32-286-32-301
Snow and Ice on Sidewalks, ~~ 32-302-32-305
Article I. In General
Sec. 32-1. Vehicles spilling load prohibited.
Any person who shall haul over or through any of the
streets, alleys or avenues loose material, dirt, manure, trash,
slop or any other material of any kind except in a vehicle
having a tight box or tank so constructed to prevent the
splashing or spilling of any 'substance therein contained upon
any street, avenue or alley, shall be guilty of a misdemeanor.
(Code 1960, SS 23-1128, 26-133)
Cross reference-Standards for vehicles transporting refuse, ~ 31-73.
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*Cross references-For creation and composition of street depart-
ment, see ~ 2-94(2) (b); for general duties of superintendent of streets,
see ~ 2-111; for awnings, canopies and marquees, see ~ 9-39 et seq.;
awnings, canopies and marquees projecting over alleys, ~. 9-50; signs
projecting over certain streets prohibited, ~ 9-73: temporary banne'rs,
pennants, etc., over streets, !l 9-74; hedges along streets and alleys
regulated, ~ 9-350; fires prohibited on streets, ~ 12-148; traffic regula-
tions, see Ch. 22; repairing and washing vehicles on streets prohibited,
~ 22-157.
1315
~ 32-2
SALINA CODE
~ 32-5
Sec. 32-2. Wooden culverts 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 wooden culvert
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
culvert or runway herein referred to being such as is com-
monly used for the purpose of driving automobiles or other
vehicles over the curb when no driveway entrance is cut into
said curb. (Code 1960, 9 26-1304)
Sec. 32-3. Salt water prohibited on pavement.
It shall be unlawful to pour, dump, place or throw, or to
cause to be poured, thrown, placed or dumped, into or upon
the sidewalk, 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, commonly used in
freezing or packing ice cream, ices and other similar products.
Any person, firm or corporation, either acting for himself
or itself or as the agent, representative, employee or member,
officer or manager of any such person, firm or corporation
who shall violate any of the provisions of this section, shall
be guilty of a misdemeanor. (Code 1960, 9 23-1129)
Sec. 32-4. Dumping refuse.
It shall be unlawful for any person to throw, place, deposit
or leave, or cause to be thrown, placed, deposited or left in
or on any street or alley, any dirt, filth, sewage, sweepings,
ashes, tin cans, bottles, gla'ss or other refuse of any kind.
(Code 1960, 9 23-416)
State law reference--For similar provisions, see K.S.A. 21-578.
Sec. 32-5. Transporting dead or diseased animals or offal.
Any person who shall drag or cause to be dragged along
any street, avenue or alley of the city between the hours of
9 :00 a.m. and 9 :00 p.m., the carcass of any dead animal, or
1316
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Ii 32-5
STREETS AND SIDEWALKS
any offensive offal; or between said hours lead, drive or
cause to be led or driven through the streets or alleys of
said city, any animal suffering with or having a contagious
or dangerous disease, shall be guilty of a misdemeanor: Pro-
vided, that nothing herein shall be considered as authorizing
a violation of K.S.A. 47-1209. (Code 1960, ~ 23-418)
Sec. 32-6. Depositing dead animals, filth in streets.
Any person who shall place any carcass of dead animals,
decayed vegetables, filth, cast off clothing or other matter
likely to create sickness, or in any way prove detrimental to
the public health, upon any street or alley, shall be guilty of
a misdemeanor. (Code 1960, ~ 23-419)
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Sec. 32-7. Curb filling stations.
Any person who shall construct or cause to be constructed,
maintain or operate any gasoline filIing station or similar
apparatus or contrivance located upon any public sidewalk
or parking adjacent thereto or upon or adjacent to the curb
of any public street and used for the sale and delivery of
gasoline, shall be guilty of a misdemeanor. (Code 1960, ~
23-1136)
Sec. 32-8. Driving rod or stake through pavement.
No person shall, at any time for any purpose whatever,
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 commission to do so. (Code
1960, ~ 26-609)
Sec. 32-9. Removing, interfering with barricades, warning de-
vices.
e
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
company or person acting under the authority or with the
1317
~ 32-9
~ 32-9
SALINA CODE
!\ 32-12
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 1960, ~ 26-701)
Sec. 32-10. 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 1960, ~
26-702)
Sec. 32-11. Permits required for certain construction in, under
streets, sidewalks.
No person shall construct in any street or in or under any
sidewalk in the city any bulkheads, cellar or basement ways,
areaways, railings or stairways, or excavations for any of
the same without first securing from the board of commis-
sioners of the city 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 con-
ditions under which the same shall be maintained. (Code
1960, ~ 26-703)
Sec. 32-12. Protection of stairways, areaways.
No person shall use or maintain in any street or in or under
any sidewalk in the city any cellar or basement way, areaway
or stairway, unless the same shall be protected 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 (1/2) that height from the street level. In the
case of stairways leading into any such cellar or basement
1318
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* 32-12
STREETS AND SInEW ALKS
* 32-23
way or areaway, the head of such stairway 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 basement 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
outside thereof, and' such gate shall be constructed that it
shall at all times be kept closed except when in actual use.
(Code 1960, S 26-704)
Sees. 32-13-32-22. Reserved.
Article II. Bench Marks and Grades~
Sec. 32-23. Bench marks established.
The bench marks heretofore established in the city by the
United States Coast and Geodetic Survey 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 eleva-
tions and grades of the streets and alleys in the city, the
location of said established bench marks and' their elevations
above sea level, as fixed by said survey (and as shown on
pages 38 and 39 of Bulletin 571 of the United States Geological
Survey of the Department of the Interior), located in what
is known in the records of said department as the "Salina
Quadrangle," being as follows, to wit;
Salina, in the northeast part of, east of tanks of
Standard Oil Co., 42.75 feet north of line of telegraph
poles which parallel on north side of the Union Pacific
R. R. track, 10 feet east of north-south fence bounding
land of Standard Oil Co., in limestone block 30 inches
square and 15 inches high, set in concrete, which is
surface mark of Station; top of copper bolt lettered'
"D. S. C. & G. 1896 Survey" (C. &. G. S. b.m. Salina
West Base) ---------__________ 1,220.008 feet.
*Cross reference--Damaging or removing grade markers prohibited,
~ 23-17.
1319
~ 32-23
SALINA CODE
~ 32-26
Salina, Missouri Pacific Ry. station, which is con-
structed of rough stone, under window in west side of
bow window in front of building, in face of stone win-
dow sill; intersection of two lines forming a cross,
marked "D. S. C. & G. S. B. M.," (C. & G. S. b.m. F 1)
~~n~~~n~_n~~~~~~-~~- 1,224.506 feet.
Salina, brick building owned and occupied by H. D.
Lee Mercantile Co., at left side of 'Steps to main en-
trance on Santa Fe Avenue, in upper surface of stone
coping to vestibule; bottom of square cut, marked
"D. S. B. M." (C. & G. S. b.m. G. 1) ~~---------~--- 1,225.828
feet. (Code 1960, ~ 26-801)
Sec. 32-24. Existing grades adopted; contour maps required.
The present grades of all of the streets and alleys in the
city which are now paved are hereby declared to be the es-
tablished grades for 'Such streets and alleys, and the city
engineer shall hereafter make a contour map of the city,
marking thereon the grades of such streets and alleys, based
upon the elevations referred to in section 32-23. (Code 1960,
~ 26-802)
Sec. 32-25. Establishment of new grades.
It shall be the duty of the city engineer, whenever any street
or alley is graded or paved or any new sidewalk placed there-
on, to establish and fix the grade of 'Such street or alley based
upon the elevations established and referred to in section
32-23, and recorded as provided in section 32-24. (Code 1960,
~ 26-803)
Sec. 32-26. Recording of grades established by city engineer.
All of the grades of streets and alleys in the city or any
part thereof established or fixed by the city engineer, pur-
suant to the provisions of this article, shall be recorded by
the city engineer as a part of the permanent records of his
office, and any such grade shall thereafter be considered as
the established grade of any such street or alley until the
same is changed as provided by law. (Code 1960, ~ 26-804)
1320
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~ 32-27
STREETS AND SIDEWALKS
~ 32-40
Sees. 32-27-32-36. Reserved.
Article III. Obstructions and Encroachments
Sec. 32-37. Prohibited.
It shall be unlawful for any person to obstruct or encroach
upon any sidewalk, street, avenue, alley or other public prop-
erty. (Code 1960, S 26-1306)
Cross reference-Blocking intersections prohibited, ~ 22-112.
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Sec. 32.38. 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 with-
out 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 persons.
(Code 1960, ~ 26-1306)
Sec. 32-39. Temporary while receiving, shipping merchandise.
Persons occupying premises fronting thereon may have such
temporary use of the streets and sidewalks as shall be ac-
tually necessary in receiving and shipping merchandise. (Code
1960, ~ 26-1306)
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Sec. 32-40. In the course of building construction.
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 reasonable portion 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 sidewalk, he shall, at the time of so taking up
and removing, construct a temporary sidewalk not less than
1321
~ 32-40
SALINA CODE
~ 32-42
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 1960, S 26-1306)
Sec. 32-41. Use of public property for aesthetic purposes by
abutting property owners.
The board of commissioners may grant a permit to any
person to U'se a portion of any sidewalk, street, avenue, alley
or other public property abutting upon their property for
aesthetic purposes notwithstanding the provisions of section
32-37. Application for such permit shall be made to the city
clerk and shall be referred by him to the board of commis-
sioners. The application for such permit shall be accompanied
by a detailed plan and specifications for the proposed project.
If the board of commissioners, on consideration of the appli-
cation, finds that the proposed project will be beneficial to
the appearance of the city and in accordance with any com-
prehensively planned development program for the area, and
will not interfere with the use of the sidewalks, street. avenue
or alley for the public purpose for which it was intended, the
board of commissioners may grant a permit to the applicant
for 'Such purpose on such terms, conditions and restrictions
as it deems in the public interest: Provided however, that any
permit granted hereunder shall be subject to revocation by
the board of commissioners in the event that said property
is required for public purposes or if the abutting property
owners fail or neglect to use the same for the purposes for
which the permit wa'S granted or fail or neglect to maintain
the same in a good state of repair and in that event, then the
abutting property owner shall be required to remove any im-
provements made under said permit. (Code 1960, S 26-1306a;
Ord. No. 6894, 12-6-65)
Cross refe,rence--For trees and shrubs generally, see Ch. 33.
Sec. 32-42. Wires in streets-Prohibited.
It shall be unlawful for any person, except electric light,
telephone, telegraph and cable television companies, or other
1322
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~ 32-42
STREETS AND SIDEWALKS
~ 32-55
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 1960,
S 26-1307)
Cross references-For public utilities generally, see Gh. 30; for fran-
chises, see Appendix E of this volume.
Sec. 32-43. Same-Duty to remove; declared nuisance; abate-
ment.
Any wires constructed, placed or maintained contrary to
the provisions of the preceding section shall be removed by
the person responsible therefor at the direction of the elec-
trical 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 inspector shall have authority to take down and
remove any such wires at any time at the cost of 'Such person.
(Code 1960, ~ 26-1308)
Sees. 32-44-32-54. Reserved.
ARTICLE IV. OBSTRUCTING VISIBILITY AT
INTERSECTIONS *
Sec. 32-55. 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 intersecting streets drawn from the apex of the
intersecting curb lines back a distance of sixty (60) feet with
"Cross reference-Trees and shrubs generally, see Ch. 33.
Supp. No. 22 1323
~ 32-55
SALINA CODE
9 32-58
a line drawn between said points to form a base, such area
to be herein referred to as a clear site zone. (Code 1960, ~
28-201; Ord. No. 6860, 6-21-65; Ord. No. 8563, ~ 1, 4-11-77)
Sec. 32-56. Exceptions.
The provisions of section 32-55 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 per cent
(2570) ; supporting members appurtenant to permanent build-
ings existing on June 25, 1965; official warning signs or sig-
nals; 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 nO,t constitute
an obstruction; and, noncommercial signs constructed parallel
with the base line which in the opinion of the police depart-
ment 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 1960, ~ 28-202; Ord.
No. 6860, 6-21-65)
Sec. 32-57. Pre-existing violations not excepted.
No obstruction to cross visibility shall be determined to be
an exception from the application of this article because of
its being in existence on June 21, 1965, unless expressly
exempted by the terms of this article. (Code 1960, ~ 28-203;
Ord. No. 6860, 6-21-65)
Sec. 32-58. 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
Supp. No. 22
1324
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~ 32-58
STREETS AND SIDEWALKS
~ 32-58
the department to give notice in writing to the property owner
or owners complained against, providing that said notice
shall specify in what manner a traffic hazard has been alleged
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SuPp. No. 22
1324.1
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STREETS AND SIDEWALKS
~ 32-70
~ 32-58
to exist. Said notice shall direct the removal by the property
owner or owners of such structures, trees or other obstruc-
tions which constitute said traffic hazard. Said property
owner or owners shall be allowed ten (10) days in which to
comply with said order, except obstructions of a temporary
nature which shall be removed on notice. (Code 1960, ~
28-204; Ord. No. 6860, 6-21-65)
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Sec. 32-59. 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 ob1?tructions, then the city shall cause to be
removed 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 ob-
struction . was located and the city clerk shall at the time of
certifying other city taxes, extend. the same on the tax rolls
of the county against said 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 1960, ~ 28-205;
Ord. No. 6860, 6-21-65)
Sees. 32-60-32-69. Reserved.
ARTICLE V. MOVING BUILDINGS.
Sec. 32-70. Permit required.
No person or per.sons, either as an individual or as the
agent, employee, officer, representative or member of any
firm or corporation, shall move any frame house or other
building, or any part thereof, 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. (Code 1960, ~ 26-101)
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"'Cross reference-Moving dwellings regulated, ~ 9-324 et seq.
Supp. No. 19
1325
~ 32-71
SALINA CODE
~ 32-74
Sec. 32-71. Contents of permit application.
The application for a moving permit shall contain a de-
scription of the building, its location, the location to which it
is to be moved and the proposed route. (Code 1960, ~ 26-101)
Sec. 32-72. Approval of application by building inspector.
Before any application for a moving permit is filed, it
shall be referred to the building inspector 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 build-
ing is in a proper and fit condition to be moved to the destina-
tion designated by the applicant, and that after such moving
it will remain in a proper and fit condition for the use in-
tended, he shall endorse his certificate of approval upon the
application. (Code 1960, ~ 26-102)
Sec. 32-73. Approval of route by fire chief, city engineer.
If the application for a moving permit is approved by the
building inspector, he shall submit the same to the fire chief
and the city engineer for their approval of the route over
which such building is to be moved. Such approval shall be
noted on the application; and if the route is re,iectec'l. the fire
chief or citv engineer shall note thereon a route which is satis-
factory to them. (Code 1960, ~ 26-102)
Sec. 32-74. Permit; fee.
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 applicant shall pay to the city at the time such ap-
plication is filed an initial fee of fifty dollars ($50.00), plus
twenty-five dollars ($25.00) for each one-half (lh) mile or
fraction thereof which said structure will be moved on any
street, avenue, alley or public thoroughfare within the city.
(Code 1960, ~ 26-101; Ord. No. 8417, ~ 1, 1-6-75)
Cross reference-Fee for permits when not obtained in time, ~ I-I!.
SuPp. No. 19
1326
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~ 32-75
STREETS AND SlDEW ALKS
~ 32-75
Sec. 32-75. Additional fee if work takes more than one day.
If the moving operations are not completed within one
calendar day, the applicant shall pay to the city for use of its
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Supp. No. 19
1326.1
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~ 32-75
STREETS AND SInEW ALKS
~ 32-77
streets an additional fee in the amount of the initial fee for
each calendar day or any part thereof, for which said city
streets are used in such moving operations. (Code 1960, ~ 26-
101)
Sec. 32-76. Issuance, duration of permit.
When an application for a moving permit is filed, with the
certificate of the building inspector and fire chief noted there-
on, the city clerk shall is'Sue the permit, which permit shall
be valid for sixty (60) days from the date of issuance. (Code
1960, ~ 26-102)
Sec. 32-77. 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 have
been suffered on account of the moving of any sllch house
or building or on account of the omission or commission of
any act in connection therewith, and indemnifying the city
and the public and any and all persons against any injury,
damage or loss suffered by them or caused by reason of said
moving or re'Sulting 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 effect at the expiration of said ten (10) days,
1327
~ 32-77
SALINA CODE
!i 32-80
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 1960, ~ 26-103)
Cross reference-Bonds of contractors, license fees, ect., ~ 2-7 et seq.
Sec. 32-78. Notice to building inspector required.
The applicant for a moving permit shall give the building
inspector twenty-four (24) hours' notice in writing or in per-
son before moving the building on any city street, which shall
entitle said applicant to use the streets of said city for such
moving operations during one calendar day. (Code 1960, ~ 26-
101)
Sec. 32-79. Height of building.
The over-all height of a building, when loaded up for mov-
ing, shall not exceed twenty-five (25) feet, as determined by
the building inspector. (Code 1960, ~ 26-101)
Sec. 32-80. Removal of wires.
Any person or persons desiring to move any house 01' other
building on, over or across any street, avenue, alley or other
public thoroughfare, across or along which any telBgraph, tele-
phone" 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 knowledge, per-
mission and consent of the city, shall give to the person, firm
or corporation owning or in charge of such wires at least
twenty-four (24) hours' written notice of the time and place,
when and where it may be necessary to cut or remove such
wires to permit the moving of such house or other building
and shall deposit in advance with such person, firm or cor-
poration 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 said wires for a sufficient length of time to
permit such moving, and the entire cost and expense of re-
moving, cutting and replacing of said wires, including the
time spent by the employees of the owner of such wires in
going to and from such place, so as to permit the moving of
1328
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~ 32-80
STREETS AND SIDEWALKS
~ 32-82
any 'Such house or other building, shall be paid by the person
or persons making such request: Provided, however, that if
by the terms of any existing franchise or ordinance, any per-
son, firm or corporation has been given the right to maintain
wires on, along or across any street or public thoroughfare
in the City of Salina at a distance of not less than sixteen
(16) feet from the ground, then the person, firm or corpora-
tion owning 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 surface of street. (Code
1960, ~ 26-104; Ord. No. 6637, ~ 1, 7-3-62)
Sec. 32-81. Moving on certain streets prohibited; special per-
mits.
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 Seventh 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 building across the Smoky Hill River or
across or along any of such streets, a special permit may be
granted' by the city manager. (Code 1960, ~ 26-105)
Sec. 32-82. Precautions required when building left in street
at any time.
If any house or other building being moved shall be left
standing in any street at night 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 street commissioner, which shall,
however, leave space at either side of such sign for the pass-
ing 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 so as to make it plainly
visible to all approaching the 'Same and the person so moving
any such house or building at the close of work on each day
1329
~ 32-82
SALINA CODE
~ 32-85
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 1960, S 26-107)
Sec. 32-83. 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 conspicuous
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 connection with
such house moving, and remaining in any 'Such Eltreet and
thoroughfare, a sufficient number of red lights or flashing
lights or lanterns so as to make the same visible to all ap-
proaching traffic. (Code 1960, S 26-106)
Sec. 32-84. Extending over curb line.
No house or other building shall be moved over, through,
on or across any 'Street, avenue, alley or other public thorough-
fare in the city, where any part of such house or building ex-
tends over either curb line of such street, alley or public
thoroughfare, except in the block from which or into which
the house is to be moved. (Code 1960, S 26-108)
Sec. 32-85. Planking required; exception.
No house or other building shall be moved over or along
any paved street in the city unless planking not less than
two (2) inches in thickness, of a width equal to the full width
of the rollers on which said 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 consent and written permission of the city engineer, on
1330
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S 32-85
STREETS AND SIDEWALKS
S 32-86
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: Provided
further, that a permit to omit such planking, or the use of
planking where required and used, shall not relieve the per-
son 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 1960, ~ 26-109)
Sec. 32-86. Trimming of trees.
No tree or any branch, limb or part thereof shall be broken,
cut off or removed by any person or persons for thE' purpose
of moving any house or building, except under the direction
and supervision of the superintendent of parks or of a person
duly authorized by him, and in such manner and way and with
such treatment of said tree thereafter as may be approved
by the superintendent of parks. 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 employees of the
superintendent of parks or the city in and about such super-
vision 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 of Kansas, nor to relieve any such person of any
liability on account of any such laws of the State of Kansas:
Provided further, that for the purpose of this section, the
superintendent of parks 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 per-
mitting any house or building to be moved, or when engaged
in any manner in trimming or cutting any tree or part thereof
at the direction or request of any such person, be deemed
to be the agent and representative 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
1331
S 32-86
SALINA CODE
S 32-89
responsible for the acts of such superintendent of parks or
any other such employees in connection with the cutting, trim-
ming or destruction of any such tree or parts thereof. (Code
1960, ~ 26-110)
Sec. 32-87. 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 1960,
~ 26-111)
Sec. 32-88. 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 building 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 notifi-
cation of the railroad by the mover. (Code 1960, ~ 26-112)
Sec. 32-89. Violations.
Any person, either as an individual or as the officer, agent,
representative, employee or member of any firm or corpora-
tion, 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 provi-
1332
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~ 32-89
STREETS AND SIDEWALKS
~ 32-101
sions of this article shall be deemed guilty of a misdemeanor:
Provided, that each and every violation of any provisions 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-
son making the application for the permit provided 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 authorized and shall be responsible for any violation
of this article by any other person in any way connected with
the moving of such house or building, but nothing herein
contained shall be considered as relieving any other person
from responsibility of any violation of the terms of this article
of which such person may be found guilty. (Code 1960, ~ 26-
113)
Sees. 32-90-32-99. Reserved.
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Article VI. Numbering Buildings
Sec. 32-100. 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 hereinafter specified. (Code 1960,
S 26-201)
Sec. 32-101. Starting points.
e
The initial or starting lines for building numbero; shall be
Santa Fe Avenue and Iron Avenue, numbering north and
south from Iron Avenue and east and west from Santa Fe
Avenue, and allowing one hundred (100) numbers to each
block. All short and angling streets shall take the nearest
parallel corresponding block number. The city engineer is
hereby authorized to make exceptions, but as consistent with
the numbering system provided as possible, for od'd arrange-
ments of streets. (Code 1960, ~ 26-202)
1333
~ 32-102
SALINA CODE
li 32-116
Sec. 32-102. Even and odd numbers; distance allowed for each
number.
Even numbers shall be put on the right-hand side of the
streets and the odd numbers on the left-hand side of the
streets allowing not more than twenty-five (25) feet for each
number. (Code 1960, S 26-203)
Sec. 32-103. Size of figures.
The figures used for numbering buildings shall not be less
than two and one-half (2%) inches high. (Code 1960, S 26-
204)
Sec. 32-104. Assignment of numbers.
It shall be the duty of the city engineer to see that all build-
ings which may hereafter be erected, or changes 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 officer shall state the street number
of the building on the building permit for a new building.
(Code 1960, S 26-205)
Sec. 32-105. Duty to display numbers.
No business house or dwelling situated within the corpo-
rate limits of the city shall be erected without forthwith hav-
ing displayed the number assigned to such building on and
in front of such building. (Code 1960, S 26-206)
Sees. 32-106-32-115. Reserved.
Article VII. Driveways and Recessed Parking Areas
DIVISION 1. GENERALLY
Sec. 32-116. Definitions.
For the purpose of this article, the following definitions
shall apply to these words:
1334
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!l 32-116
STREETS AND SIDEWALKS
!l 32-116
Sec. 32-116(1). Business driveway approach: A driveway
approach providing ingress and egress to any property other
than residential property.
Sec. 32-116(2). Corner: The point of intersection of the
property lines of a corner lot where two (2) streets intersect.
Sec. 32-116(3). Curb parking space: A length of curb equal
to twenty-two (22) feet where an automobile or other vehicle
can park.
Sec. 32-116 ( 4-). Curb return: That portion of a curb next
to a driveway approach or recessed parking area which in-
cludes the radius of curvature or the ramp-type lug on com-
mercial or industrial type pavements and which connects the
driveway approach or recessad parking area to the street curb.
Sec. 32-116(5). Driveway: A place on private property for
the operation of automobiles and other vehicles.
Sec. 32-116(6). Driveway approach: An area, construction
or facility between the roadway of a public street and private
property. For clarification, a driveway approach must provide
access to something definite on private property such as a
parking area, a driveway or a door at least seven (7) feet
wide intended and used for the entrance of vehicles.
Sec. 32-116(7). Outside sidewalk line: 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.
Sec. 32-116(8). Parcel of land: A lot or lots, or tract offi-
cially registered under one ownership.
Sec. 32-116(9). Recossed parking area: An area, construc-
tion or facility between the roadway of a public street and
private property that is not intended for use as a driveway
or a driveway approach and is to be used to provide angle
parking for vehicles as provided by the traffic ordinance of
the city.
Sec. 32-116(10). Resident driveway approach: A driveway
approach providing ingress and egress to residential property.
(Code 1960, ~ 26-301)
1335
S 32-117
SALINA CODE
S 32-121
Sec. 32-117. Permit required for curb cuts.
It shall be unlawful for any person to cut, break out or re-
move any curb along a street or alley without first obtaining
a permit for a driveway approach or recessed parking area
as hereinafter provided. (Code 1960, S 26-302)
Sec. 32-118. Application for permit required.
Any person desiring to construct a driveway approach or
recessed parking area across any curbing, parking, sidewalk
or sidewalk space, shall first make application to the city
engineer for a permit therefor. Said application shall be in
writing upon a form provided by the city and made available
at the office of the city engineer. (Code 1960, S 26-303)
Sec. 32-119. Contents of application.
The application for a permit hereunder shall contain infor-
mation showing:
Sec. 32-119 (1). Type and estimated cost of construction;
Sec. 32-119(2). The dimensions of the proposed driveway
approach or reces'sed parking area;
Sec. 32-119(3). The location of said driveway approach or
recessed parking area by lot and block number as well
as by street and house number;
Sec. 23-119 (4). The location of the driveway approach or
recessed parking area on the lot; and
Sec. 32-119(5). Such other information as may be required
by the city engineer. (Code 1960, S 26-303)
Sec. 32-120. Who must file application.
The application for a permit hereunder shall be filed by
the property owner desiring to construct said driveway ap-
proach or by his duly authorized agent. (Code 1960, S 26-
303)
Sec. 32-121. Issuance of permits.
Permits hereunder shall be issued by the city engineer if
he has determined that the applicant has complied with the
1336
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~ 82-121
STREETS AND SIDEWALKS
~ 32-126
terms of this article and such rules, regulations and specifi-
cations of the city engineer as shall be on file in his office
and in the office of the city clerk. (Code 1960, S 26-304)
Sec. 32-122. Permit revocation by city commission.
All permits granted for the use of public property under
the terms of this article shall be revocable at the will of the
city commission. (Code 1960, S 26-302)
Sec. 32-123. Permit revocation by city engineer.
A permit issued under the provisions of this article may
be revoked by the city engineer at any time he is satisfied
that the work is not being performed according to the provi-
sions thereof. (Code 1960, S 26-305)
e
Sec. 32-124. When work must be completed.
The driveway approach or recessed parking area shall be
completed within one hundred twenty (120) days after the
date of issuance of a permit hereunder. (Code 1960, S 26-304)
Sec. 32-125. Bond required.
Before a permit shall be issued by the city ellgineer, the
applicant must deposit with the city clerk a good and suffi-
cient 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 specifications
of the city engineer and the permit for which application is
made within a period of one hundred twenty (120) days from
the date of the issuance of the permit. (Code 1960, 9 26-304)
Cross reference~Bonds of contractors, license fees, etc., ~ 2-7 et seq.
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Sec. 32-126. Forfeiture of bond and restoration of property.
After a permit hereunder has been issued, the bond shall
be forfeited if the permit holder shall not have completed all
of the work authorized 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
Supp. No. 22 1337
~ 32-126
SALINA CODE
~ 32-130
be authorized to restore the parcel of land involved to the
condition in which it existed prior to the commencement of
any work that was done under the permit, including curbing
and guttering where necessary, all at the expense of the per-
mit holder, applying thereon the proceeds of the required bond.
(Code 1960, ~ 26-304)
Sec. 32-127. Discharge of bond.
If the work shall be completed in accordance with the per-
mit, 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, the
bond shall be null and void. (Code 1960, ~ 26-304)
Sec. 32-128. Amount, execution, approval of bond.
A bond required by this article shall be in an amount equal
to half again the value of the improvements as shown on the
application for the permit, and shall be prepared and executed
in accordance with the provisions of sections 2-7 through 2-9
of this Code except that 'Such bond need not be approved by
the city attorney, but must be approved by the city engineer.
(Code 1960, ~ 26-304)
Sec. 32-129. Where driveway approaches prohibited.
It shall be unlawful for any person to construct, alter or
extend, or permit or cause to be constructed, altered' or ex-
tended, any driveway approach which can be used only as a
parking space or area between the curb and private property.
(Code 1960, ~ 26-302)
Sec. 32-130. Where recessed parking area prohibited.
No permit shall be issued for a recessed parking area:
Sec. 32-130(1). In any A-I, U, or residential distriot, as the
limits of these districts are now or may hereafter be
defined by the zoning regulations of the city;
Supp. No. 22
1338
e
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S 32-130
STREETS AND SIDEWALKS
~ 32-133
Sec. 32-130(2). In any area where angle parking is per-
mitted by the ordinances of the city;
Sec. 32-130(3). Where parking is prohibited by the ordi-
nances of the city;
Sec. 32-130(4). Which shall abut any street, the improved
portion of which is less than forty (40) feet in width,
measured between curb facings without the approval
of at least four-fifths (4/.5) vote of the board of com-
missioners; and
Sec. 32-130 (5). On any street that is not curbed and gut-
tered, or paved, or both. (Code 1960, S 26-302; Ord.
No. 8557, S 1, 3-28-77)
Sec. 32-131. Supervision of work; rules, regulations autho-
rized.
All work done under a permit issued in compliance with
this article shall be under the direction and supervision of
the city engineer, who is hereby authorized' to make the nec-
essary rules, regulations and specifications with respect to
materials for and method of construction of such driveway
approaches and recessed parking areas. Such rules, regula-
tions and specifications shall be kept on file in the office of
the city engineer and the city clerk at all times. (Code 1960,
S 26-305)
Sec. 32-132. Existing rt:gulations approved.
The plans and specifications for work regulated by this
article now on file in the offices of the city engineer and the
city clerk are hereby approved and adopted. (Code 1960, ~ 26-
305)
Sec. 32-133. Maintenance required; removal and reconstruc-
tion.
Every driveway approach and recessed parking area shal1
be maintained' and kept in a safe condition by the owner of
the property served thereby, and any such driveway approach
Supp. No. 22
1339
~ 32-133
SALINA CODE
~ 32-134
or recessed parking area which shall not be so maintained
and kept or which shall interfere with or ohstruct thE: drain-
age carried by such street or the use of said street for the
purpose of travel shall be repaired to conform with the speci-
fications of this article and the rules, regulations and specifi-
cations of the city engineer or be removed. Upon the removal
or cessation of use, as defined herein, of any such driveway
approach or recessed parking area, 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 1960, ~ 26-308)
Sec. 32-134. Duties of contractors under contract to city.
Whenever any curbing and guttering or curbing, guttering
and paving is hereafter constructed by any contractor pur-
suant to a contract with the city for 'such work, such contractor
shall not be permitted and he is hereby prohibited from in-
stalling any driveway return or recessed parking area in any
curbing being or to be constructed by him unless the owner of
the property to be served by any such driveway return or
recessed parking area shall obtain a permit therefor and make
arrangements either with such contractor or with some other
person engaged in and authorized to do similar work for the
construction of a paved and curbed driveway approach lead-
ing to the property line of such property or a recessed parking
area as permitted herein. Proof of such arrangements shall
be furnished to the city engineer before any permit for such
work is issued, all such work to be constructed in accordance
with the provisions of this article and the rules, regulations
and specifications of the city engineer: Provided, that where
such proposed driveway approach crosses a cement sidewalk
in good condition, such driveway approach need be constructed
only to the outside sidewalk line: Provided further, that if
the street in which any such driveway approach or recessed
parking area is to be constructed is not paved, or if the pav-
ing thereof has not been contracted for, then the driveway
approach or recessed parking area to be constructed need not
Supp. No. 22
1340
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~ 32-134
STREETS AND SIDEWALKS
~ 32-134
be paved at that time, if the owner of the property shall file
with the city clerk, as a condition to securing a permit for
such driveway return, a written agreement to construct the
e
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Supp. No. 22
1340.1
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~ 32-134
STREETS AND SIDEWALKS
~ 32-144
paving in such driveway approach or recessed parking area
whenever the paving in such street is constructed. (Code 1960,
S 26-309)
Sec. 32-135. Violations.
Any person who shall violate any of the provisions of this
article, or who shall not comply with the terms and condi-
tions of a permit and the rules, regulations and restrictions
of the city engineer, either as to the completion of said drive-
way approach from the curb line to the property line, or as
to the specifications for the construction thereof, approved
as aforesaid, or of a recessed parking area, shall lJe deemed
to be guilty of a misdemeanor. (Code 1960, S 26-310)
Sees. 32-136-32-140. Reserved.
DIVISION 2. CONSTRUCTION REQUIREMENTS
e
Sec. 32-141. Compliance required.
In addition to the rules, regulations and specifications pro-
mulgated by the city engineer with respect to driveway ap-
proaches, the following requirements shall be complied with
in the work done under the provisions of this article. (Code
1960, S 26-306)
Sec. 32.142. Business approaches to be paved.
All business driveway approaches shall be paved. (Code
1960, S 26-306)
Sec. 32-143. Grade of driveway approach.
The outside of the driveway approach shall be a straight
grade from the flow line of the gutter to the grade of the
outside 'Sidewalk line. (Code 1960, S 26-306)
e
Sec. 32-144. Height above gutter flow line; obstructing street
or drainage.
The top of the paving of the driveway or recessed parking
area slab at the curb line shall be one and five-eighths (1%)
1341
~ 32-144
SALINA CODE
~ 32-153
inches above the flow line of the gutter and shall not be
constructed in a manner that will in any way interfere with
or obstruct the drainage of the street or interfere with the
use of the street for the purpose of travel. (Code 1960, S 26-
306)
Sec. 32-145. Protection of public; nonliability of city.
The owner and contractor shall protect the public from
injury and/or damage during the construction of driveway
approaches and it is herein stipulated as an essential condi-
tion of the issuance of a permit that the city shall not be liable
for damage which may arise from the prosecution of said
work. (Code 1960, S 26-306)
Sec. 32-146. Distance between existing and recessed curb
faces.
The right angle distance between the face of the existing
curb and the face of the recessed curb shall be not less than
nine (9) feet in all recessed parking areas hereafter con-
structed. (Code 1960, S 26-306)
Sec. 32-147. Grade of recessed parking area.
The grade line of all recessed parking areas shall be a
straight grade from the flow line of the gutter to a point
not less than four (4) inches below the level of the outside
sidewalk line which shall be the base of the recessed curb line.
(Code 1960, S 26-306)
Sees. 32-148-32-152. Reserved.
DIVISION 3. WIDTH AND LOCATION
Sec. 32-153. Compliance required.
The following limitations on the width and location of drive-
way approaches and recessed parking areas for each parcel
of land shall be complied with. (Code 1960, S 26-307)
1342
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~ 32-154
STREETS AND SIDEWALKS
~ 32-157
Sec. 32.154. Grade of driveway approach.
No portion of a driveway approach, except the curb return,
shall be constructed within six (6) feet of a corner. (Code
1960, ~ 26-307)
Sec. 32-155. Recessed parking areas prohibited near corners.
No portion of a recessed parking area, except the curb re-
turn shall be constructed:
Sec. 32-155(1). Within twenty-five (25) feet of a corner
if the vehicles moving in the direction of traffic flow
on the side of the street on which the driveway ap-
proach is to be situated are required to stop for a stop
light or stop sign at such corner; and
Sec. 32-155(2). Within twenty (20) feet of any other cor-
ner. (Code 1960, ~ 26-307)
Sec. 32-156. Width of driveway approaches.
No driveway approach shall be less than eight (8) feet nor
more than thirty (30) feet in width at the outside sidewalk
line, and the curb cut shall not exceed the width of said drive-
way approach at the said outside sidewalk line by more than
six (6) feet: Provided, that the city commission shall be
empowered to grant special exceptions to the above and fore-
going limitations. The granting or denial of such special con-
sent by the city commission shall be predicated upon the
calculated additional hazard to the general public as a con-
sequence of allowing such exception in each particular case.
(Code 1960, ~ 26-307)
Sec. 32-157. Number of curb parking spaces required.
There shall be not less than one curb parking space between
any two (2) driveway approaches or recessed parking areas
in the D local business district, E general business district,
F light industrial district and G heavy industrial district as
the limits of these districts are now or may hereafter be de-
fined by the zoning ordinance of the city. (Code 1960, ~ 26-
307)
1343
~ 32-158
SALINA CODE
~ 32-171
Sec. 32-158. Width of recessed parking areas.
No recessed parking area 'Shall be permitted, without the
express consent of the city commission, that is wider than
fifty (50) feet at the outside sidewalk line. The granting or
denial of such special consent by the city commission 'Shall
be predicated upon the calculated additional hazard to the
general public as a consequence of allowing a particular re-
cessed parking area to be greater than fifty (50) feet in
length. (Code 1960, S 26-307)
Sees. 32-159-32-168. Reserved.
Article VIII. Surfacing and Resurfacing Roadways
DIVISION 1. GENERALLY
Sec. 32-169. Definitions.
For the purpose of this article, the following definitions
shall apply to these words:
Sec. 32-169(1). Roadway: The improved portion of a street.
Sec. 32-169(2). Street: The area between opposite property
lines that has been dedicated or condemned for use by the
city as a public street. (Code 1960, S 26-401)
Sec. 32-170. Permit required.
It shall be unlawful for any person to construct, reconstruct,
surface or resurface any roadway or part thereof without first
obtaining a permit for roadway construction as hereinafter
provided. (Code 1960, 9 26-402)
Sec. 32-171. Prerequisites to permit.
No permit shall be issued for roadway construction:
Sec. 32-171 (1). Unless the area where such construction is
to take place shall have been formally dedicated or
condemned in accordance with law for use by the city
as a public street;
1344
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~ 32-171
STREETS AND SIDEWALKS
~ 32-175
Sec. 32-171 (2). Unless the roadway has previously been
curbed and guttered in accordance with specifications
currently on file in the office of the city engineer or
unles'S said roadway shall be so curbed and guttered'
at the time of the surfacing or resurfacing thereof;
and
Sec. 32-171 (3). Unless it shall be constructed of material
and quality at least equal to the immediately abutting
existing roadway. (Code 1960, S 26-402)
Sec. 32-172. Application for permit required.
Any person desiring to construct, reconstruct, surface or
resurface a roadway in the city either for himself or for
others, whether or not for hire, 'Shall first make application
to the city engineer for a permit therefor, said application
to be in writing upon a form provided by the city and made
available at the office of the city engineer. (Code 1960, S 26-
403)
Sec. 32-173. Contents of application.
An application for a permit hereunder shall contain infor-
mation showing:
Sec. 32-173(1). Type and estimated cost of construction;
Sec. 32-173(2). The dimensions of the proposed roadway;
Sec. 32-173(3). The location of said roadway within the
city as well as its location within the street;
Sec. 32-173(4). Such other information as may be required
by the city engineer. (Code 1960, S 26-403)
Sec. 32-174. Who must file application.
The application for a permit hereunder shall be filed by
the property owner desiring to construct said roadway or by
his duly authorized agent. (Code 1960, S 26-403)
Sec. 32-175. Bond required; terms.
Before a permit hereunder shall be issued by the city en-
gineer, the applicant must deposit with the city clerk, a good
1345
!l 32-175
SALINA CODE
!l 32-177
and sufficient bond running in favor of the city and condi-
tioned that the applicant shall faithfully carry out all that
is required of him by this article and the rules, regulations
and specifications of the city engineer; that he shall hold the
city harmless against all claims, loss or damage which it may
sustain or suffer by reason of any breach of the terms and
conditions of this article by said principal or by reason of any
inj ury to persons or property occasioned by the action of
said principal or his employees or agent'S; and that said prin-
cipal shall maintain the improvements to be constructed by
him as provided for in this article and shall repair and make
good all defects in material or workmanship that might occur
within a period of two (2) years after the date of completion
thereof. (Code 1960, S 26-404)
Cross reference-Bonds of contractors, licenses, etc., !l 2-7 et seq.
Sec. 32-176. Forfeiture of bond; restoration or completion of
work by city.
After a permit under this article has been issued, the bond
shall be forfeited if the permit holder 'Shall not have com-
pleted all of the work authorized by said 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 issuance of the permit, and the
city shall be authorized to restore the parcel of land involved
to the condition in which it existed prior to the commence-
ment of any work, or, if financially more practical, to com-
plete the work; and, in either event, charge all of the expense,
including curbing and guttering where necessary, to the per-
mit holder, applying thereon the proceeds of 'Said bond. (Code
1960, S 26-404)
Sec. 32-177. Discharge of bond.
If the work shall be completed in accordance with the per-
mit, 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, the
bond shall be null and void. (Code 1960, S 26-404)
1346
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~ 32-178
STREETS AND SIDEWALKS
~32.183
Sec. 32-178. Amount, execution, approval of bond.
The bond required by this article shall be in an amount
equal to half (112) again the value of the improvements as
shown on the application and shall be prepared and executed
in accordance with the provisions of sections 2-7 through 2-9
of this Code, except that such bond need not be approved by
the city attorney but must be approved by the city engineer.
(Code 1960, S 26-404)
Sec. 32-179. Issuance of permit.
Before a permit required hereunder shall be issued' by the
city engineer, he shall determine that the applicant has com-
plied 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 1960, S
26-404)
e
Sec. 32-180. Permit revocation by city commission.
All permits granted for the use of public property under
the terms of this article shall be revocable at the v;ill of the
city commission. (Code 1960, S 26-402)
Sec. 32-181. Permit revocation by city engineer.
A permit issued under the provisions of this article may
be revoked by the city engineer at any time he is satisfied
that the work is not being performed according to the provi-
sions hereof. (Code 1960, 9 26-405)
Sec. 32-182. Deadline for completing roadway.
The roadway shall be completed within one hundred twenty
(120) days after the date of issuance of a permit required by
this article. (Code 1960, S 26-404)
e
Sec. 32-183. Supervision of work; rules, regulations autho-
rized.
All work done under a permit issued in compliance with this
article shall be under the direction and supervision of the
1347
S 32-183
SALINA CODE
S 32-191
city engineer, who is hereby authorized to make the necessary
rules, regulations and specifications with respect to materials
for and method of construction of such roadway. 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 1960,
S 26-405)
Sec. 32-184. Existing plans, specifications adopted.
The plans and specifications for any such work which are
now on file in the offices of the city engineer and city clerk
and are hereby approved and adopted. (Code 1960, S 26-405)
Sec. 32-185. Violations.
Any person who shall violate any of the provisions of this
article, or who shall not comply with the terms and condi-
tions of such permit and the rules, regulations and restrictions
of the city engineer as to the completion of said roadway or as
to the specifications for the construction thereof approved
as aforesaid, shall be deemed to be guilty of a misdemeanor.
Each such person shall be deemed guilty of a separate offense
for each and every day or portion thereof during which any
violation of any provision of this article is committed, con-
tinued, suffered or permitted. (Code 1960, S 26-408)
Sees. 32-186-32-189. Reserved.
DIVISION 2. CONSTRUCTION REQUIREMENTS
See. 32-190. Compliance required.
In addition to the rules, regulations and specifications pro-
mulgated by the city engineer with respect to roadway con-
struction, the following requirements shall be deemed to be
the minimum requirements for work done under the provi-
sions of this article. (Code 1960, S 26-406)
Sec. 32-191. Subgrade preparation.
The subbase shall be a six (6) inch sand-gravel base (sta-
bilized) of not less than three hundred (300) pounds added
1348
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~ 32-191
STREETS AND SIDEWALKS
~ 32-204
per square yard. This work shall include the delivery of ma-
terials to the site and sprinkling, blading, rolling and lightly
scarifying where necessary to get the proper crown, which
shall be in accordance with the standard specifications of the
city engineer. (Code 1960, S 26-406)
e
Sec. 32-192. Surfacing.
The surfacing aggregate shall be sand-gravel type SA-I,
with percentages retained in standard mesh sieves as follows:
0% on one inch; 0-5% on three-fourths (%,) inch; 0-20%
on three-eighths ('Ys) inch with a fineness modulus of 4.00
to 5.00. The aggregate is to be placed in uniform windrows
along the roadbed and spread in layers, additional 'water add-
ed if necessary and rolled. Compaction shall be obtained by
the use of sheeps foot or pneumatic tired rollers, or equivalent
equipment. Rolling shall be accompanied by sufficient blading
to insure a smooth surface, which shall be free from ruts and
ridges with the proper section and crown as required' above.
The materials for blacktopping shall consist of a penetration
of 0.3 to 0.4 gallons per square yard of MC 1 or MC 2, two seal
coats of 0.4 to 0.6 gallons per square yard of RC 3 or RC 4
with a cover of approximately thirty-five (35) pounds of
sand or chat per square yard. (Code 1960, S 26-406)
Sec. 32-193. Dimensions and locations.
The dimensions and location of the roadway must be ap-
proved by the city engineer as being consistent with surround-
ing and adjoining existing or contemplated roadways. (Code
1960, S 26-406)
Secs. 32-194-32..203. Reserved.
Article IX. Concrete Work in Streets and Public
Grounds
e
Sec. 32-204. Exemption for contractors with city.
This article shall not apply to any person doing or perform-
ing any work of the nature herein described' for the cit~T under
1349
S 32-204
SALINA CODE
S 32-207
a contract with such city and for which regular performance,
maintenance and statutory bonds are required by the city and
furnished by the contractor for the specific work covered by
any such contract. (Code 1960, S 26-1103)
Sec. 32-205. Compliance with plans and specifications.
All sidewalks, driveways, curbing and guttering construct-
ed, reconstructed or rebuilt in any of the streets or public
grounds of the city shall be reconstructed of concrete in ac-
cordance with plans and specifications as to material and
methods of construction to be furnished by the city engineer.
(Code 1960, S 26-1101)
Sec. 32-206. Procedure for sidewalks generally.
The procedure for the construction, reconstruction and re-
pair of sidewalks shall be as provided by Article 18 of Chap-
ter 12 of Kansas statutes Annotated, and according to require-
ments specified by ordinance: Provided, that nothing herein
shall be construed as prohibiting the use of Article Ga, Chap-
ter 12, Kansas Statutes Annotated. (Code 1960, S 26-1102)
Sec. 32-207. Procedure for sidewalks on petition of property
owners.
Sec. 32-207(1). Whenever a petition signed by persons own-
ing not less than fifty per cent (50%) of the real estate abut-
ting the proposed sidewalk construction 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 side-
walks constructed.
Sec. 32-207(2). The cost of all sidewalks constructed under
the provisions of this section shall be assessed to the property
abutting on such sidewalks.
Sec. 32-207(3). 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 ascertained, levy an assessment
1350
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~ 32-207
STREETS AND SIDEWALKS
~ 32-211
against the lots or pieces of land chargeable therefor, by ordi-
nance, 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 commissioners may issue bonds
in the manner provided in the general bond law to finance
the unpaid balance of any such special assessments.
Sec. 32-207 ( .4-). The assessment for construction of such
sidewalks shall be levied as provided for in Kansas Statutes
Annotated, 12-1811, 12-1812 and 12-1814: Provided, that tem-
porary notes. may be issued during the construction of such
sidewalks and before the issuance of sidewalk bondl:!.
Sec. 32-208. License required.
No person shall engage in the work of constructing, recon-
structing or rebuilding sidewalks, driveways, curbing, gutter-
ing 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. (Code 1960, ~ 26-1103)
Cross reference-For licenses generally, see Ch. 20.
Sec. 32-209. License fee established.
The licensee under this article shall pay to the city an an-
nual fee of thirteen dollars ($13.00). (Code 1960, ~ 26-1103;
Ord. No. 8393, ~ 1, 11-25-74)
Sec. 32-210. Reserved.
Editor's note--Ord. No. 8398, ~ 2, enacted Nov. 25, 1974, repealed
~ 32-210 providing that the fee for a license issued after July 1 would
be lh the fee specified in ~ 32-209. Said section was derived from Code
1960, ~ 26-1103.
Sec. 32-211. Expiration of licenses.
Licenses required by this article shall expire on December
thirty-first after the issuance thereof. (Code 1960, ~ 26-1103)
Supp. No. 19
1351
~ 32-212
SALINA CODE
~ 32-214
Sec. 32-212. Bond required; approval.
No license required by this article shall be issued until the
applicant therefor shall furnish a bond in the amount and
conditioned as hereinafter required, with corporate securities
to be approved by the board of commissioners, the form there-
of to be approved by the city attorney. (Code 1960, ~ 26-1103)
Cross reference--Bonds of contractors, licenses, etc., ~ 2-7 et seQ.
Sec. 32-213. Amount, terms of bond.
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 persons with whom the principal named therein may con-
tract for the construction of such work, conditioned that any
such work shall conform in all respects to the plans and speci-
fications prepared by the city engineer and on file in his office
and according to stakes and grades as set by the city engineer
and that any such work shall endure without need of repair
for two (2) years from the date of the completion of any
such work, and that such contractor will, without charge, make
any repairs or replace any such work if the same shall, in the
opinion of the city engineer, become so defective as to require
the same within such period of two (2) years. (Code 1960,
~ 26-1104)
Sec. 32-214. Sufficiency of bond.
Before he shall issue any permit hereunder, the city en-
gineer shall escertain that the bond filed by the applical1t
therefor is suf:fIcient 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 permits pre-
viously issued and which is then uncompleted, and if the
amount of any such bond is insufficient to cover all outstand-
ing and uncompleted 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: Provided, that in lieu of any such
additional general bond, the applicant for any permit may
file a special maintenance bond covering only the specific
Supp. No. 19
1352
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fi 32-214
STREETS AND SIDEWALKS
! 3Z-Z17
work to be done under any specific permit, and the amount
of such work shall not be counted as a part of the work cov-
ered by the general bond. (Code 1960, ~ 26-1108)
Sec. 32.215. Permit required; application; fee.
No sidewalks, driveways curbing, guttering or any other
concrete work in any street or public grounds in said city
shall be constructed, reconstructed or rebuilt until a permit
therefor shall have been issued by the city engineer, upon
the application of the person by whom such work is to be done,
which application shall show the location and nature of the
work, the approximate cost, and such other facts relating
thereto as may be required by the city engineer, and shall be
on such form as may be prescribed by him, and any such
application and the plans and specifications referred to in
this article shall be deemed to be a part of any such permit.
The fee for issuance of such permit shall be ,two dollars
($2.00). (Code 1960, ~ 26-1105; Qrd. No. 8418, ~ 1, 1-6-75)
Sec. 32-216. License, bond prerequisite to permit.
No permit required by section 32-215 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 1960, ~ 26-1105)
Sec. 32-217. Plans adopted; filing; amendments.
The plans and specifications for sidewalks, driveways, curb-
ing and guttering and other concrete work in the streets and
designated "Concrete Sidewalks and Driveways" and dated
October, 1961, are hereby adopted by reference: Provided,
that the location of sidewalks on parts of certain streets shall
be as prescribed by section 32-218 following. Copies shall be
kept on file in the offices of the city clerk and the' city en-
gineer. No changes, amendments or additions shall be made
in or to said plans and specifications except by adoption by
ordinance. (Code 1960, ~ 26-1106; Ord. No. 6573, ~ 1, 10-
31-61)
Supp. No. 19
1353
I 32-218
SALINA CODE
fi 32-219
Sec. 32-218. Location of sidewalks.
Sec. 32-218(1). Sidewalks shall be property-line sidewalks
or curb sidewalks.
Sec. 32-218(2). 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.
Sec. 32-218(3). A curb sidewalk is one abutting the curb
or curbline.
Sec. 32-218 ( 4). Except as hereinafter provided all side-
walks shall be property-line sidewalks.
Sec. 32-218 (5). When the owners of not less than fifty
per cent (50 %) of all land abutting one side of a street
between two (2) adjacent streets that cross to run into it or
in the case of a dead-end street from the last street to the end
of the dead-end street, or in the case of a U street or similar
street from the last street before the turn around the turn
to the next street, shall petition the board of commissioners
that the sidewalk be a curb sidewalk: Provided, that where
the layout of a street is such as not to meet the foregoing
descriptions, the board of commissioners shall determine the
distance to be represented by the petition: Provided further,
however, that where the location of an existing sidewalk is
other than as provided for herein, the board of commissioners
may direct that any connecting sidewalk be located and con-
structed so as to connect with the existing sidewalk. (Code
1960, S 26-1107; Ord. No. 6839, S 1, 12-21-64; Ord. No. 8073,
S 1, 3-9-70)
Sec. 32-219. Notice of completion of work; inspection; disap-
proval and correction; license revocation.
The contractor shall notify the city engineer of the comple-
tion of any work for which a permit has been issued here-
under. If the city engineer shall, upon inspection of any such
completed work, find that such work has not been done in
conformity 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
Supp. No. 19
1354
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S 32-219
STREETS AND SIDEWALKS
S 32-231
shall fail to comply with any order of the city engineer in
connection with any such work, the city engineer may is'sue
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 reviewed'
and approved or set aside by the board of commissioners.
(Code 1960, ~ 26-1109)
e
Sec. 32-220. Violations.
Any person, whether acting for himself or as the agent,
representative, employee, officer or member of any corpora-
tion or copartnership, who shall construct, reconstruct or re-
build any of the work mentioned in this article in violation
of the provisions hereof or contrary to the plans and specifica-
tions for such work as provided for herein or who shall do
any such work without securing a permit therefor 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 1960, ~ 26-1111)
Sees. 32-221-32-230. Reserved.
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Article X. Service Pipes and Sewers Ahead of Paving~
Sec. 32-231. Duty to lay.
It shaJI be the duty of the owner or owners of any lot or
lots within the corporate limits of the city to con8truct 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: Provided, that
such water service pipes, gas service pipes and sewers 'shall
not, by said board of commissioners, be ordered constructed
or laid under the provisions of this article except in regard
to property abutting upon streets upon which paving has been
ordered: Provided further, that the board of commissioners
*Cross reference~For water and sewers generally, see Ch. 35.
1355
~ 32-231
SALINA CODE
!i 32-235
shall not order the laying or construction of more than one
water service pipe, one gas service pipe or one sewer for each
two (2) lots or fractional parts thereof along and abutting
said paving, nor shall any service pipes or sewers be so or-
dered in any streets within said city where the mains for the
same are not laid. (Code 1960, 9 26-501)
State law reference--For authority to require, see K.S.A. 12-832.
Sec. 32-232. 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 1960, 9 26-502)
State law reference--For similar provisions, see K.S.A. 12-833.
Sec. 32.233. Laying by city; assessment of costs.
In the event 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 construct-
ed 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 two (2) adj oining lots
or fractional parts thereof for which such service pipes or
sewers are laid. (Code 1960, 9 26-502)
State law reference-For similar provisions, see K.S.A. 12-833.
Sec. 32-234. Certification, collection of assessments.
Assessments under this article shall be certified by the city
clerk to the county clerk to be collected according to law in
the same manner as paving assessments are collected. (Code
1960, 9 26-502)
State law reference-For similar provisions, see K.S.A. 12-833.
Sec. 32-235. 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
1356
e
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~. 32-235
STREETS AND SIDEWALKS
~ 32-249
the owner or owners shall not construct or cause the same to
be constructed, without first having written authority there-
for from the board of commissioners. (Code 1960, ~ 26-502)
Sec. 32-236. 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 accord-
ance with the plans, specifications and requirements as pro-
vided for by ordinance or direction of the board of commis-
sioners. (Code 1960, ~ 26-503)
Sees. 32-237-32-246. Reserved.
Article XI. Excavations
Sec. 32-247. 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 required for work under contract with
the city for which usual performance and maintenance bonds
are required, until he shall first secure from the city en-
gineer a permit, countersigned by the city clerk, to make such
excavation. (Code 1960, ~ 26-601)
Sec. 32-248. Permit application required.
For the purpose of obtaining the permit above mentioned,
the person desiring the same shall file with the city engineer
a written application, signed by such person or the authorized
representative of the firm or corporation, which shall show
the location, size, and purpose of the excavation and such
other information as may be required by the city engineer.
(Code 1960, S 26-602)
Sec. 32-249. Approval, filing of application.
A duplicate copy of the permit application approved by the
city engineer, and on which he shall note the amount of the
estimated deposit, as required by section 32-252, shall be filed
with the city clerk. (Code 1960, ~ 26-602)
1357
~ 32-250
SALINA CODE
~ 32-251
Sec. 32-250. 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 ap-
proved 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 violation 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 said bond under any permit
which may be granted to him under the provisions of this
article for the making 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 ordi-
nances of the city relating to such work and in accordance
with the plans and specifications of the city engineer relating
thereto, and that the principal in said 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 fail-
ure to comply with the provisions of this Code or the ordi-
nances 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 1960, S 26-603)
Cross reference-Bonds of contractors, licenses, etc., ~ 2-7 et seq.
Sec. 32-251. 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
said surety of its cancellation of liability 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
1358
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~ 32-251
STREETS AND SIDEWALKS
~ 32-254
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 1960, ~
26-603 )
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Sec. 32-252. Deposit for cost of refilling; schedule of charges.
No such permit shall be granted to any person until he shall
deposit with the city clerk a sum sufficient to cover the cost
of refilling said excavation and' of replacing, repairing and
maintaining any pavement over such excavation as provided
for herein, the amount of deposit so required to be estimated
by the city engineer as provided for in section 32-249 of this
article, in no case to be less than ten dollars ($10.00). The
city engineer shall prepare a schedule of charges for the re-
filling of and the replacing, repairing and maintenance of the
pavement over such excavation, which schedule shall be filed
in the office of the city clerk and city engineer. (Code 1960,
~ 26-604)
Sec. 32-253. Filling, repair to be done by city.
The filling and tamping of all excavations and the repair
of all pavements over any such excavation shall be done by
the street department on ord'er of the city engineer and in
accordance with the specifications for such work prepared
by the city engineer. (Code 1960, ~ 26-605)
e
Sec. 32-254. 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, exclusive of Sundays and legal holi-
days, take charge of such excavation and shall refill the same
and make all necessary paving repairs all in accordance with
the plans and specifications of the city engineer, and shall
certify to the city clerk the quantities of filling and paving
repairs required; and the total charges as calculated from
such quantities and the schedule of charges prepared' by the
1359
~ 32-254
SALINA CODE
9 32-257
city engineer shall be charged against the person obtaining
the permit for the excavation, and taken out of the deposit
made when the permit therefor was issued, and the balance,
if any, refunded to such person, or if the deposit is found to
be insufficient to pay such charges, such person shall pay the
balance due thereon to the city clerk immediately on demand.
(Code 1960, ~ 26-606)
Sec. 32-255. Special provisions for public service corporations.
The city engineer may permit any public service corpora-
tion to furnish labor and materials and refill excavations and
repair pavements under the supervision of the street depart-
ment, in which case the deposit to cover the cost of repairs
may be waived and the charges against the public service
corporation shall be the actual cost to the street department
of such supervision plus twenty-five per cent (250/0) for
overhead, but the application and permit required by this
article shall be required in all cases and all such work shall
be done strictly in accordance with the plans and specifica-
tions of the city engineer as herein provided for. (Code 1960,
~ 26-606)
Sec. 32-256. Notice required when excavation ready for refill-
ing; order to street department.
The party to whom any permit is issued under this article
shall notify the city engineer in writing when such party is
ready for the excavation to be refilled. The city engineer shall
note thereon the time of receipt of such notice and Bhall im-
mediately order the street department to refill the excavation.
(Code 1960, ~ 26-607)
Sec. 32-257. Street department to assume jurisdiction; main-
tenance of barriers, etc.
The street department shall, within twenty-four (24) hours
of the notice required above, exclusive of 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 completed and ready to open
to traffic. (Code 1960, ~ 26-607)
1360
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!i 32-258
STREETS AND SIDEWALKS
!i 32-259
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Sec. 32-258. Responsibility of permittee for barriers, etc.
The party to whom the permit is issued hereunder shall
maintain all barriers, barricades and lanterns and shall be
responsible for all damages or injuries arising from or inci-
dental to such excavation 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, exclusive of
Sundays and legal holidays, after the city engineer has re-
ceived written notice that the excavation is ready for re-
filling, and after the expiration of said twenty-four (24)
hours, exclusive of Sundays and legal holidays, from the re-
ceipt of notice by the city engineer, the party making such
excavation under any such permit shall not be liable in con-
nection with any injuries which may be sustained in con-
nection with such excavation except such as may result from
defective work done by such person in connection with 'Such
excavation, or the actual negligence of such party. (Code
1960, ~ 26-607)
Sec. 32-259. Safety precautions required; liability of permit-
tee.
e
Every person to whom any permit is issued, as hereinbefore
provided, shall enclose all excavations which he or they may
make in the public streets, avenues or alleys with sufficient
barriers and danger 'Signals at all times, and must maintain
sufficient red lights at night, and must take all the necessary
precautions to guard the public against all accidents from
the beginning of said 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 property of any kind, and such person, persons, company
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 made or otherwise treacherous soil, or
near buildings, the sides of said trenches or ditches shall be
so braced as to prevent caving or injury to the adjoining
1361
~ 32-259
SALINA CODE
~ 32-263
premises; and the party excavating and his bondsmen shall
be liable to said city for all damages arising by reason of
neglect or carelessness in this respect. (Code 1960, ~ 26-611)
Sec. 32-260. 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 1960, 9 26-
608)
Sec. 32-261. Requirements when street being paved.
Whenever a street, avenue or alley is about to be paved,
the city engineer, or his authorized representative, 'Shall notify
the property holders, lessees or tenants on such street, avenue
or alley, so that all water, steam, gas, drain or sewer con-
nections can be made prior to the paving of the same. After
the sub grade has been rolled preparatbry to the laying of the
pavement, no permit 'Shall be issued for the excavation in or
on said street within twelve (12) months from the comple-
tion of the paving, except for the purpose of repairing leaks
in any water, steam, gas, drain, sewer or other pipe or con-
duits, meaning hereby to prohibit excavations for all new
work in said block within the time above mentioned. (Code
1960, 9 26-610)
Sec. 32-262. Material, manner of excavating and filling.
All excavating and refilling shall be made with such ma-
terial and in such manner as may be directed by the city
engineer or his authorized representative. (Code 1960, 9
26-611)
Sec. 32-263. Condition of restored surface.
All paving, curbing, guttering or macadamizing shall be
replaced and renewed in as perfect and substantial condition
as before being disturbed. (Code 1960, S 26-611)
1362
~
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S 32-264
STREETS AND SIDEWALKS
S 32-267
Sec. 32-264. Qualifications of workmen.
All such paving, curbing, guttering and macadamizing
shall be done by men who are experienced in such work and
fully qualified to do the same in a proper and substantial
manner. (Code 1960, S 26-611)
Sec. 32-265. Duty to keep part of street or sidewalk available
for use.
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 1960, S 26-611)
Sec. 32-266. Plans, specifications.
The city engineer shall, from time to time, prepare standard
plans and specifications for the making 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, which shall be sub-
mitted to the board of commissioners for approval, and' when
so approved 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 receiving the same
shall comply in all respects with all such standard plans and
specifications. (Code 1960, ~ 26-605)
Sec. 32-267. Obedience to city engineer.
Any directions that may be given, either in v,riting 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 perform
the same, shall be deemed a misdemeanor. (Code 1960, S
26-611)
1363
~ 32-268
SALINA CODE
~ 32-279
Sec. 32-268. Violations.
Any person who shall make or attempt to make any exca-
vation or refill the same, or do or attempt to do any other
act in violation of the provisions of this article, or any person,
company or corporation who shall remove or attempt to re-
move from the site of the excavation or work any of the barri-
cades, danger signals or lights required by the provisions of
this article, shall be deemed guilty of a misdemeanor. (Code
1960, S 26-612)
Sees. 32-269-32-278. Reserved.
Article XII. Railroad Crossings~
DIVISION 1. GENERALLY
Sec. 32-279. 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 high-
ways, such crossings to be constructed in accordance with
the plans and specifications for railroad crossings on file in
the office of the city engineer and hereby adopted: Provided,
that it shall be deemed compliance with this article for any
railroad company to construct and maintain such crossings
in a manner as substantial and suitable as provided in the
plans and specifications on file in the office of the city engi-
neer in which event, however, said company shall first file
with the city clerk plans and specifications for the construc-
tion of such crossings, and obtain from the city manager
permission to construct such crossings in accordance there-
with. (Code 1960, S 26-901)
*Cross reference--For traffic regulations at railroad crossings, see ~
22-248 et seq.
1364
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~ 32-280
STREETS AND SIDEWALKS
~ 32-288
Sec. 32-280. Waiver of construction requirements.
The city manager may waive the provisions of this division
by written waiver as. to any crossing which it is unnecessary
to construct and maintain 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 commissioners, 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 1960, S 26-902)
Sees. 32-281-32-285. Reserved.
DIVISION 2. STREET LIGHTS
Sec. 32-286. Necessity declared.
The board of commissioners deems it necessary that the
streets and street intersections in the city as designated as
provided by this division, over, along and across which the
railway lines and tracks owned and/or operated by railway
companies, be lighted, and such railway companies be re-
quired to adequately light the same in accordance with the
provisions and authority contained in K.S.A. 13-1904. (Code
1960, S 26-1001)
Sec. 32-287. Lights required.
When required by resolution of the board of commissioners,
railway companies shall install street lights sufficient to
adequately light intersections of their tracks within the streets
of the city. (Code 1960, S 26-1002)
Sec. 32-288. Type of lights.
The railroad companies so required to install street lights
are hereby required to light the streets and crossings so
designated with adequate street lights of the same general
kind and character as those now used by the city in lighting
its street intersections, being arc lights of the suspension
1365
{\ 32-288
SALINA CODE
{\ 32-291
type with capacity of not less than four hundred (400)
candle power, except that if the board of commissioners
deems proper, lights of a different kind of less capacity may
be installed and/or maintained at such points: Provided, that
special permission for any such change shall be first secured
from the board of commissioners. (Code 1960, S 26-1003)
Sec. 32-289. Installation.
Said railroad companies shall have the right to furnish,
install and maintain such lights themselves, to contract with
any other person for such lighting, and to pay the cost and
maintenance thereof direct to any such person, or may pay
the cost of such installation and maintenance to the city, in
which event, upon the written agreement to any such railroad
company to pay such cost, the city shall install or cause the
installation of such lights and maintain the same as a part
of its street lighting system and collect the cost of such in-
stallation and maintenance from such railroad companies.
(Code 1960, S 26-1004)
Sec. 32-290. Failure to install; installation by city; assessment
of costs.
If any railroad companies shall fail, refuse or neglect to
install and/or maintain any lights required in this article, the
city may install and/or maintain the same or contract with
any person for such installation and/or maintenance and the
cost of such installation and/or maintenance shall be charged
against any such railroad company sO failing, refusing or
neglecting to install and/or maintain the same and such cost
shall be a lien upon the property and franchises of any such
company and shall be taxed against the property of such com-
pany in the same manner as other taxes are levied'. (Code
1960, S 26-1005)
Sec. 32-291. When lights to be burning.
All lights required by this article to be installed and/or
maintained by any such railroad companies shall be kept
burning at all times from sundown on each day until sunrise
1366
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~ 32-291
STREETS AND SIDEWALKS
~ 32-305
on the following day, and in any event during all hours on
each day when other street lights of the city are kept burning.
(Code 1960, ~ 26-1006)
Sees. 32-292-32-301. Reserved.
Article XIII. Snow and Ice on Sidewalks
Sec. 32-302. Declared nuisance.
All snow and ice remaining upon any sidewalks abutting
on any lot, tract, or piece of land twelve (12) hours after
said snow has fallen or ice has accumulated are hereby de-
clared to be a nuisance. (Code 1960, ~ 26-1203)
Sec. 32-303. Duty to remove.
e
It is hereby made the duty of the owner, occupant 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 1960, ~ 26-1201)
Sec. 32-304. 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 side-
walk to fail to remove from such sidewalk any snow or ice
within twelve (12) hours after said snow has fallen or ice
has accumulated upon said sidewalks. (Code 1960, S 26-1202)
e
Sec. 32-305. Removal by city and assessment of costs.
The city manager is hereby authorized and empowered to
cause the removal of snow and ice constituting a nuisance and
to keep a true account of the cost of such removal and to
report said cost as to each lot, tract or piece of land to the
board or commissioners, and the board of commissioners shall
1367
~ 32-305
SALINA CODE
~ 32-305
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 col-
lected 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 1960, S 26-1203)
[The next page is 1393]
1368
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Chapter 32A
TAXATION
Art. I. In General, ~~ 32A-I-32A-I0
Art. n. Transient Guest Tax, ~~ 32A-11-32A-13
ARTICLE I. IN GENERAL
Sec. 32A-1-32A-10. Reserved.
ARTICLE II. TRANSIENT GUEST TAX*
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Sec. 32A-ll. Tax levied.
There is hereby levied a transient guest tax of two (2)
per cent upon the gross receipts derived from or paid by
transient guests for sleeping accommodations, exclusive of
charges for incidental services and facilities, in any hotel,
motel or tourist court located within the corporate limits of
the City of Salina, Kansas. (Res. No. 3339, 9 1, 9-26-77)
Sec. 32A-12. Collection.
The tax hereby levied shall be collected, administered and
used in accordance with the provisions of Chapter 93 of the
1977 Session Laws of Kansas. (Res. No. 3339, 9 2, 9-26-77)
Sec. 32A-13. Convention and tourism committee.
There is hereby established a committee to be known as
the convention and tourism committee to be appointed by the
board of commissioners. The committee shall consist of ten
(lQ) members, a majority of which shall be representatives
of business coming within the terms of this article. In ap-
pointing this committee the board of commissioners shall
attempt to create a representative balance of large and small
businesses and businesses from the various geographic areas
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*Editor's note-Article n, ~~ 32A-11-32A-13, is derived from Res. No.
3339, ~~ 1-3, enacted Sept. 26, 1977, which resolution was nonamenda-
tory of this Code.
Supp. No. 24
1379
~ 32A-13
SALINA CODE
~ 32A-13
of the city. The initial appointment to the committee shall
be for terms of one, two (2), three (3) and four (4) years
and thereafter all appointments shall be for a term of four
(4) years and until the successor is qualified; provided how-
ever, that no person shall serve for more than four (4) con-
secutive years.
The duties of said convention and tourism committee shall
be to make recommendations concerning the programs and
expenditures for promotion of convention and tourism from
the tax collected pursuant to this resolution. (Res. No. 3339,
S 3, 9-26-77)
[The next page is 1393]
Supp. No. 24
1380
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Chapter 33
TREES AND SHRUBS*
Art. I. In General, ~~ 33-1-33-20
Art. II. Trimmers and Treaters, ~~ 33-21-33-40
Art. III. Diseased Trees and Shrubs, ~~. 33-41-33-43
Article I. In General
Sec. 33-1. Authority to regulate.
The board of commissioners is hereby authorized to regulate
the planting, maintenance, treatment and removal of trees
and shrubbery upon all streets, alleys, avenues, boulevard's
and parkings within the city.
Sec. 33-2. Rights of property owners over plants in park-
ings.
The owners of property abutting on streets, alleys, avenues
and boulevards shall have such title to and property in grow-
ing trees and shrubbery in the parking in front or to the
side of such real estate between the curb line and the prop-
erty 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 property in front of which they
are situated may sustain by reason thereof and such abutting
property owners shall all have the right of action in any
court of competent jurisdiction to enjoin injury to or destruc-
tion of such trees, shrubbery and parking, except that no
recovery or injunction shall be had against the city in the
making of public improvements or in any other reasonable
exercise of its authority over such streets, alleys, avenues or
boulevards or over the trees and' shrubbery located thereon.
*Cross references-Obstructing visibility at intersections, ~ 32-55 et
seq.; for fences, walls, and hedges, see ~ 9-346 et seq.; use of public
property for civic purposes by abutting property owners, ~ 32-41; trim-
ming of trees and branches interfering with utilities, ~ 30-10; for weeds
and obnoxious growths, see ~ 15-40 et seq.
1393
~ 33-3
SALINA CODE
~ 33-5
Sec. 33.3. Injuring trees.
Any person who shall cut, girdle, destroy or in any manner
injure any shade 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 commis-
sioners of the city, shall be guilty of a misdemeanor. (Code
1960, ~ 23-412)
Sec. 33-4. Duty to trim trees on or near streets, sidewalks.
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
or avenues and within the curb line thereof, and all trees or
branches or limbs thereof growing or situated 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 abut-
ting upon any such property, and such trimming shall be
done in a proper and scientific manner 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 hazardous and to interfere with
the use of said streets and avenues. Any trees or limbs pro-
jecting over any sidewalk or usually traveled pedestrian way,
at a point less than eight (8) feet above the level of any
thereof, are hereby declared to be hazardous and to interfere
with the use of sidewalks and usually traveled pedestrian way.
(Code 1960, ~~ 23-1118, 28-101)
Sec. 33-5. Removal of dead trees, 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
growing in front of such real estate but within the boundary
line of any such street or avenue and within the curb line
1394
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!i 33-5
TREES AND SHRUBS
!i 33-8
thereof, or any dead tree or any dead limb or branch of any
tree situated or growing upon any such real estate, but over-
hanging any such street or avenue, or sufficiently near thereto
to become dangerous to the public traveling 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 any such property. (Code 1960, ~ 28-102)
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Sec. 33-6. Notice requiring trimming or removal.
The superintendent of streets is hereby authorized and
directed, whenever in his opinion it becomes necessary, to
notify in writing the owner of any such real estate to cause
the trimming of any trees as required by section 33-4, or to
cause the removal of any dead trees or dead limbs 01' branches
of any trees as required by section 33-5, 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 said property in the same manner. (Code
1960, ~ 28-103)
Sec. 33-7. Failure to comply with notice.
If within five (5) days from the date of the service of
the notice required by section 33-6, 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 streets shall cause a complaint to be filed
in the police court and such owner, or occupant, or person
in charge of said property shall be prosecuted for the viola-
tion of the provisions of this article, but failure to serve such
notice shall not relieve any person from complying with the
provisions of section 33-4 and 33-5, and any violator thereof
shall be punished whether such notice is served or not. (Code
1960, S 28-103)
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Sec. 33.8. Criminal violations.
Any person who shall violate any of the provisions of this
article shall be deemed guilty of a misdemeanor, and for each
1395
~ 33-8
SALINA CODE
S 33-10
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 streets, a separate offense shall be
deemed to be committed. (Code 1960, S 28-104)
Sec. 33-9. Violations declared nuisance; abatement.
In addition to the other provisions of this article, any tree
which is not trimmed in accordance with the provisions here-
of, or any dead tree or dead branch or limb of any tree which
is not removed in accordance with the provisions hereof, 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
said 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 superin-
tendent of streets, as herein provided or otherwise, the nuis-
ance so existing shall be abated as other nuisances are abated
according to law, and upon a finding by the police judge in
a proper action brought for such purpose that such nuisance
exists, such nuisance shall, if not abated and removed 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 police judge, be abated and removed by the superin-
tendent of streets 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 abutting 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 1960, S 28-105)
Sec. 33-10. Right of city to maintain trees not affected.
Nothing in this article shall be deemed to impair the right
of the city to trim, protect or otherwise care for trees upon
all public streets, avenues, boulevards, parks and other public
grounds, and the superintendent of streets, or superintendent
1396
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~ 33-10
TREES AND SHRUBS
~ 33-23
of parks or either of them are hereby authorized and directed,
whenever it may be necessary, to perform or to cause to be
performed any such work. (Code 1960, ~ 28-105)
Secs. 33-11-33-20. Reserved.
ARTICLE II. TRIMMERS AND TREATERS*
Sec. 33-21. Definitions.
The following terms are for the purpose of this article
defined as follows:
Sec. 33-21 (1). Person means any individual, partnership,
association of persons or corporation who engage in
the business or trade of trimming trees, shrubs, or
treating trees or shrubs for the control of pests.
Sec. 33-21 (2). Pest means any fungus, insect, or rodent
which by its presence in or on a tree or shrub, may
damage or destroy said tree.or shrub. (Ord. No. 6699,
~ 1, 4-2-63)
Sec. 33-22. Exemptions.
This article shall not apply to any person working at his
own residence or established place of business or to wage
hands of said person working thereon nor shall it apply to
holders of street franchises authorized to trim trees or shrubs
therein. This article shall not apply to officials or employees
of the federal, state, county, or city governments engaged in
the performance of their official duties. (Ord. No. 6699, ~
9, 4-2-63)
Sec. 33-23. License required.
No person, partnership, association, or corporation shall
engage in the business or trade of trimming trees Qr shrubs
or treating trees or shrubs for the control of pe~ts within
the city without first having obtained a license therefor.
(Ord. No. 6699, ~ 2, 4-2-63)
.Cross reference-For licenses generally, see Ch. 20.
Supp. No. 19
1397
~ 33-24
SALINA CODE
~ 33-27
Sec. 33-24. License application required.
A written application for a license for the trimming of
trees or shrubs or treating of trees or shrubs shall be filed
with the city clerk. Said application shall meet the following
requirements:
Sec. 33-24(1). Name, business address, and phone number
of applicant.
Sec. 33-24(2). Description of the extent of work intended
to be licensed.
Sec. 33-24(3). Compliance with the laws of the State of
Kansas relating to pest control operators, where appli-
cable.
Sec. 33-24(4). Filing of required bond and certificate of
liability insurance.
Sec. 33-24(5). Payment of the required license fee. (Ord.
No. 6699, ~ 3, 4-2-63)
Sec. 33-25. Approval of license application.
Licenses required by this article shall be issued by the city
clerk only after the application therefor has been approved
by the board of commissioners. (Ord. No. 6699, S 2, 4-2-63)
Sec. 33-26. License fee.
The city clerk 'Shall collect the following license fees from
applicants:
Sec. 33-26(1). For the trimming of trees and shrubs $20.00
Sec. 33-26(2). For the treating of trees and shrubs 20.00
Sec. 33-26(3). For the trimming and treating of
trees and shrubs _m______m________________mm_n_________nmun 33.00
(Ord. No. 6699, ~ 4, 4-2-63; Ord. No. 8399, ~ 1, 11-25-74)
Sec. 33-27. Bond and insurance.
Each person who makes application for a license or re-
newal thereof under this article shall furnish an acceptable
surety bond and certificate of liability insurance covering the
work in which they are engaged and upon the terms and con-
ditions hereinafter set out. Said bond shall be executed by
the applicant as principal and by a solvent corporation au-
Supp. No. 19
1398
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~ 33-27
TREES AND SHRUBS
~ 33-28
thorized to do business within the state as surety in the sum
of five thousand dollars ($5,000.00). Said 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 by breach thereof; and
shall be conditioned upon compliance by the principal, his
agents, servants and employees with the provisions of this
article. Said certificate of insurance shall show that the ap-
plicant is covered by an effective liability insurance policy
issued by a solvent corporation authorized to do business
within the State of Kansas and shall be issued with minimum
limits of $25,000.00 - $50,000.00 for bodily injury and'
$10,000.00 for property damage. Said bond and insurance
policy shall not be cancelled or terminated until at least twenty
(20) days after a notice of cancellation of said bond or
insurance policy is received by the city clerk. (Ord. No. 6699,
~ 5, 4-2-63)
Sec. 33-28. Refusal to grant or revocation of license.
The board of commissioners may at any time revoke a
license or decline to grant a license under the following cir-
cumstances :
Sec. 33-28(1). The licensee doing business as a pest control
operator under the laws of the state has had his Kansas
license revoked; provided', said license, where ap-
plicable, shall be revoked only as to the treating of
trees and shrubs.
Sec. 33-28(2). Said 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 received from the city, that
the surety bond or insurance policy previously fur-
nished by said licensee is to be cancelled or terminated.
Sec. 33-28(3). The licensee or any employee, solicitor, agent,
or representative of said licensee has made any ma-
terial misrepresentations for the purpose of defraud-
ing any member of the public.
Sec. 33-28 ( 4). The licensee or any employee, solicitor, agent,
or representative of said licensee has used any method'
1399
~ 33-28
SALINA CODE
~ 33-41
or material which is not suitable for the purpose for
which it is employed or provided, or has used any
method or material without respect to public health,
safety, and welfare in the treating of trees and shrubs.
Revocation of a license shall be effected by giving no-
tice in writing posted not less than fifteen (15) days
prior to the date set for revocation of said license and
mailing said notice to the licensee at his address as
shown by the record of the city. (Ord. No. 6699, ~ 6,
4-2-63 )
Sec. 33-29. Expiration of licenses.
Licenses issued under this article shall expire on the thirty-
first (31st) day of December of the year for which the same
are issued. (Ord. No. 6699, ~ 2, 4-2-63)
Sec. 33-30. Transferability of licenses.
A license granted hereunder shall not be transferable.
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 article; 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 dis-
cretion. (Ord. No. 6699, ~ 7, 4-2-63)
Sees. 33-31-33-40. Reserved.
Article III. Diseased Trees and Shrubs
Sec. 33-41. Notice requiring cutting or removal.
Whenever any competent city authority or competent state
or federal authority, when requested by the board of com-
missioners of the city, shall file with the board of commis-
sioners 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 in-
1400
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~ 33-41
TREES AND SHRUBS
!l 33-42
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fected or infested with or harbour any tree or plant disease
or insect pest or larvae, the uncontrolled 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 commissioners shall
direct the city clerk to forthwith issue notice requiring the
owner or agent of the owner of the premises to treat or re-
move 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 department by delivering a copy thereof to the
owner or agent of such property or if the same shall be un-
occupied and the owner a nonresident of the 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.
Sec. 33-42. Failure to comply with notice.
e
If the owner or agent shall fail to comply with the require-
ments of the notice required by section 33-41, within the time
specified in said notice, then the duly authorized officer of
the city shall proceed to have the designated tree, tree ma-
terials or shrub treated or removed and report the cost there-
of to the city clerk and the cost of such treatment or removal
shall be paid by the owner of the property or shall be as-
sessed 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 parcel 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 assess-
ment. 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 extend 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
1401
S 33-42
SALINA CODE
S 33-43
or other proper fund of the city and such funds shall be re-
imbursed when payment thereof is received or when such
assessments are collected and received by the city.
Sec. 33-43. 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 resulting 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.
[The next page is 1427]
1402
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Chapter 34
VEHICI..ES FOR HIRE*
Art. I. In General, ~~. 34-1-34-18
Art. II. Freight Vehicles, ~~ 34-19-34-38
Art. III. Taxicabs, ~.~. 34-39-34-106
Div. 1. Generally, ~~ 34-39-34-86
Div. 2. Drivers, ~~ 34-87-34-106
Article I. In General
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Sec. 34-1. 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 Code or any ordinance, or
when such package or article shall be left in the custody of
the driver of any such vehicle, 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 1960,
S 16-905)
Sec. 34-2. License plate required.
Whenever under any ordinance of the City of Salina a
license fee is required to be paid by the person, owning or
operating any vehicle for hire, including drays, transfer
wagons, trucks and other similar vehicles, the city clerk shall,
upon payment of any such license fee, furnish to the person
paying the same a metal license plate, which shall be fastened
securely in some conspicuous place on the outside of the front
or right side of the vehicle for which such license fee was
paid. (Code 1960, S 16-907)
Sec. 34.3. Displaying plate on wrong vehicle.
It shall be unlawful for any person to display on any vehicle
any license plate issued by the city clerk upon the payment
of the license fee for any other vehicle. (Code 1960, S 16-909)
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*Cross references-For licenses generally, see Ch. 20; designation and
use of bus and taxicab stands, ~ 22-141; marking of taxicab stands,
~ 22-142.
1427
~ 34-4
SALINA CODE
~ 34-7
Sec. 34-4. Revocation of license for wrongful display of plate.
If any license plate issued for one vehicle for hire is used
upon any other vehicle, the license covering the vehicle for
which such license plate 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 after any such
license is revoked and before a new license is issued therefor.
(Code 1960, S 16-909)
Sec. 34-5. Smoking, lighting matches, lighters on buses.
Any person who shall ignite a match, lighter or smoke a
cigarette, a cigar, a pipe or any other item or thing on any
bus, shall be guilty of a misdemeanor. A bus for the purpose
of this section is any motor vehicle 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 of Salina, and which vehicle has a capacity
of ten (10) or more persons. (Code 1960, S 23-1138)
Sec. 34-6. Reimbursement of fuel tax to bus systems-De-
clared lawful.
It shall be lawful for the board of commissioners to re-
imburse any person, firm or corporation all or any part of
the motor fuel tax or the special fuel tax imposed by law
which has been paid by such person, firm or corporation on
motor fuel or special fuels used for the purpose of operating
or propelling motor vehicles in connection with the transpor-
tation of persons in the operation of a mass public transpor-
tation system over fixed routes within the city and its
immediate environs under a franchise granted by the city.
(Ord. No. 6890, S 1, 11-8-65)
State law reference--For authority to make reimbursement, see
K.S.A. 12-2840.
Sec. 34-7. Same-Application, approval.
Any person, firm or corporation seeking reimbursement
for motor fuel tax or special fuel tax under the provisions of
1428
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~ 34-7
VEHICLES FOR HIRE
~ 34-20
the preceding section shall file a verified application with
the city clerk setting forth the amount of motor fuel tax or
special fuel taxes paid, the period during which Raid taxes
were paid and the route or routes upon which vehicles using
said fuels were operated. The city clerk shall. transmit the
application to the board of commissioners for their con-
sideration at their next regular meeting. Upon receipt of
the application, the board of commissioners may allow re-
imbursement of all or any part of the motor fuel tax or spe-
cial tax paid by the applicant or may reject the entire appli-
cation. (Ord. No. 6890, S 2, 11-8-65)
Sec. 34-8. Same--Fund for payment.
Any reimbursement of motor fuel tax or special fuel tax
authorized by the board of commissioners shall be paid from
the street fund of the city. (Ord. No. 6890, g 3, 11-8-65)
State law referenc{'--For similar provisions, see K.S.A. 12-2840.
Sees. 34-9-34-18. Reserved.
ARTICLE II. FREIGHT VEHICLES
Sec. 34-19. License required.
It shall be unlawful to run, use or drive upon the public
streets and thoroughfares of the city any coach, automobile,
transfer wagon, express wagon, dray or wagon or vehicle of
any kind or description used for carrying, conveying or trans-
porting of baggage, goods, wares or merchandise within said
city for pay, without first having and procuring a license
therefor, as in this article provided. (Code 1960, ~ 16-901)
Sec. 34-20. Exemption.
The provisions of this article shall not apply to vehicles
kept and used solely in the prosecution 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 1960, g 16-901)
Supp. No. 19
1429
~ 34-21
SALINA CODE
~ 34-25
Sec. 34-21. Issuance, contents of license.
The license provided for in this article shall be issued by
the city clerk, and shall be signed by the city manager and
the 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, a
description of the vehicle licensed and the characier of the
business in which it is to engage. (Code 1960, ~ 16-902)
Sec. 34-22. License fee.
The license fee for any vehicle used in the city in the busi-
ness of transporting for hire therein any goods, wares, mer-
chandise, baggage, parcels, furniture or other thing or prop-
erty of any kind or nature whatsoever shall be twenty dollars
($20.00) per year, or any portion thereof, for each such
vehicle: Provided, that any person licensing more than two
(2) such vehicles owned and operated by him shall pay at
the rate of thirteen dollars ($13.00) per year for each such
vehicle over and above two (2) such vehicles. (Code 1960, ~
16-903; Ord. No. 8400, ~ 1, 11-25-74)
Sec. 34-23. Prorating fees prohibited.
No license shall be issued under this article for a less sum
than the annual rates specified in section 34-22 hereof. (Code
1960, ~ 16-904)
Sec. 34-24. Receipt for fee prerequisite to license.
No license required by thi8 article shall be issued until the
person applying therefor shall furnish to. and file with the
clerk the receipt of the city treasurer showing the payment of
the amount required by this article to be paid for any such
license. (Code 1960, ~ 16-902)
Sec. 34-25. Licenses nonassignable.
All licenses issued under this article shall be nonassignable.
(Code 1960, ~ 16-904)
Supp. No. 19 1430
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~ 34-26
VEHICLES FOR HIRE
~ 34-39
Sec. 34-26. Age of licensees.
No license under this article shall be granted to any person
under eighteen (18) years of age. (Code 1960, ~ 16-904)
Sec. 34-27. Revocation of licenses.
All licenses required by this article 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
1960, ~ 16-904)
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Sec. 34-28. Violations.
It shall be unlawful for any person to do any of the things
hereinbefore prohibited, or to fail to do any of the things
hereinbefore 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 carriage of goods or merchan-
dise for pay without first procuring a license therefor, as in
this article provided, or who shall violate any of the provisions
of this article for which a penalty is not otherwise prescribed,
shall be deemed guilty of a misdemeanor. (Code 1960, ~
16-906 )
Sees. 34-29-34-38. Reserved.
Article III. Taxicabs
DIVISION 1. GENERALLY
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Sec. 34-39. Definitions.
Whenever used in this article, the following terms shall
be respectively defined as follows:
Street shall mean and include every public street, alley,
avenue, road, highway, thoroughfare or public place in the
city.
Taxicab shall include any and all motor vehicles carrying
passengers for hire for which a charge is made and for which
public patronage is solicited: Provided, that motor buses
1431
~ 34-39
SALINA CODE
~ 34-42
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.
Taximeter shall mean and include a mechanical 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 machine may be
given to the passenger as a receipt. Said 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 1960, S
16-1001 )
Sec. 34-40. Scope of terms "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 members of any corporation, firm, part-
nership or association owning or operating any such taxicab
and any such agent, officer, manager or member of any such
corporation, firm, partnership or association shall be subject
to any and all of the penalties provided for the violation of
any of the terms hereof by any such owner or operator. (Code
1960, S 16-1038)
Sec. 34-41. Exemption for vehicles used at funerals, weddings.
The provisions of this article shall not include any pas-
senger vehicle for hire while being used for service at funerals
or weddings. (Code 1960, S 16-1034)
Sec. 34-42. Violations.
Except as otherwise specifically provided for in this article,
any person who shall violate any of the provisions of this
article, or who shall operate and drive in the CIty any taxicab
without being licensed so to do as provided for in said article
or after any such license has been suspended or revoked or
who shall fail to comply with any of the requirements of said
article, shall be guilty of a misdemeanor. (Code 1960, S
16-1039)
1432
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S 34-43
VEHICLES FOR HIRE
S 34-45
Sec. 34-43. License required.
No person, either acting as owner, principal, agent, em-
ployee, lessee or licensee shall operate or permit to be oper-
ated upon the streets of the city any taxicab without first
having procured a license therefor as hereinafter provided.
(Code 1960, S 16-1002)
Sec. 34-44. Application required; contents.
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 containing the following information:
Sec. 34-44(1). The full name and address of the cwner and
operator;
Sec. 34-44(2). Make, motor and type of vehicle;
Sec. 34-44(3). Seating capacity (including driver) ;
Sec. 34-44 ( 4). Motor and serial number and state license
number of the vehicle;
Sec. 34-44(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 directors of such corporation, and if
a partnership, the name of all the partners;
Sec. 34-44(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 policy, and such other informa-
tion, statements and agreements as may be required
on a printed form furnished by the city clerk for such
purpose; and
Sec. 34-44 (7). The character and type of taximeter. (Code
1960, S 16-1004)
Sec. 34-45. 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
1960, S 16-1014)
1433
~ 34-46
SALINA CODE
~ 34-50
Sec. 34-46. Title certificate required.
The application for a license hereunder shall be accom-
panied by the title certificate issued by the state showing
ownership of such vehicle, which certificate shall be left
with the city clerk while any license issued on such applica-
tion is in effect. (Code 1960, ~ 16-1003)
Sec. 34-47. Vehicle covered by license.
Any license for the operation of a taxicab shall apply to
and cover only the specific vehicle described in the applica-
tion therefor until on application duly made by thE: same
owner and operator the right to transfer such license to an-
other vehicle is granted by the board or commissioners. (Code
1960, ~ 16-1004)
Sec. 34-48. Signing of application, identification of interested
parties.
Every application for a license hereunder 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 1960, ~ 16-1004)
Sec. 34-49. Transfer of license.
No license issued for the operation of any taxicab shall be
assigned or transferred to any other person as owner or
operator except upon application for such transfer made to
and granted by the board of commissioners. (Code 1960, ~
16-1004)
Sec. 34-50. Driving unlicensed, improperly licensed 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
1434
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~ 34-50
VEHICLES FOR HIRE
~ 34-51
for such vehicle was issued or on which any license 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 1960, @@ 16-1004, 16-1010;
Ord. No. 6863, S 1, 6-28-65)
Sec. 34-51. Approval of application.
The applicant for any license hereunder 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 article and
the city clerk shall thereupon after inspection and approval
of such vehicle as provided for in this article, present such
application to the board of commissioners at the next regular
meeting of such board. The board of commissioners shall if
they consider that the public convenience and necessity re-
quire the licensing of such taxicab, in addition to any other
taxicabs which may at that time be operating under licenses
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
license 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: Provided, that the board of
commissioners shall not approve 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 necessary 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 detrimental to the best
interest of the city and its inhabitants and the general public,
and shall reject 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
1435
~ 34-51
SALINA CODE
S 34-52
of the inhabitants 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
1960, S 16-1005)
\ \
Sec. 34-52. Insurance required.
It shall be unlawful to operate a taxicab for hire or to
permit the same to be operated in the city and no license for
the operation thereof shall be granted by the board of com-
missioners until the applicant for a license shall deposit with
the city clerk a policy of liability insurance is'sued to and
covering such applicant and the taxicab described in his ap-
plication, in such form as shall be acceptable to and approved
by the board of commissioners, and issued by an im;urance
company or association approved by the board and in such
amount a'S the board may deem sufficient to adequately pro-
tect the interest of the public, which policy shall bind the
company or association issuing the same to pay compensation
for injuries to or death of persons and for loss of or damage
to property resulting from the negligent operation of such
taxicab, and shall make additional arrangements for the pro-
tection of the public 'Supplementing such insurance policy as
the board of commissioners shall require and approve. Any
such insurance policy shall have incorporated therein, or at-
tached thereto by endorsement thereon, recitals to the effect
that the policy is issued in accordance with and under the
requirements of this article pertaining thereto and that it is
issued for the benefit of and for the purpose of protecting
the public, including passengers therein, against injuries or
damages resulting from the negligent operation of said taxi-
cab and that it shall remain effective until concelled as herein
provided for, irrespective of any statements, declarations,
misrepresentatives, acts or omissions of the assured or of
any agent, servant, employee or representative of assured
either in the application for said policy or in the schedule of
statements or declarations contained or referred to in said
policy, including statements as to ownership, or made, com-
mitted or omitted before or after the occurrence of any injury
or damages caused by the operation of 'Such vehicle, and shall
1436
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~ 34-52
VEHICLES FOR HIRE
~ 34-53
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 asso-
ciation with knowledge that the vehicle described 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
specifically recited therein or not. (Code 1960, ~ 16-1006)
Sec. 34-53. 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 another 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, including
its brakes, lights and other equipment and its registering
meter, if any, and to certify to the board of commissioners
his approval or rejection of such taxicabs, and no application
for a license shall be approved by the board of commissioners
and no license shall be issued by the city clerk until the con-
dition of such vehicle has been approved and certified by the
city manager. The decision of the city manager with refer-
ence to such condition shall be final and conclusive, except
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 renders 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, or
oftener if necessary, as to its physical and mechanical con-
Supp. No.i9
1437
~ 34-53
SALINA CODE
~ 34~55
dition and the city manager is hereby empowered to suspend
the license of such taxicab until the owner or operator of
such taxicab shall have repaired the same or restored such
taxicab to such phy,sical and mechanical 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
suspended by the city manager, shall allow or permit such
taxicab to be used until the 'Same shall be reins-pected and
approved by the city manager. (Code 1960, ~ 16-1007)
Sec. 34-54. 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 conCf!rn or the
sum of seven dollars ($7.00) if such examination is per-
formed 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 license shall be revoked upon the failure of
the licensee to pay such fee. (Code 1960, ~ 16-1008; Ord. No.
8401, ~ 1, 11-25-74)
Sec. 34-55. Issuance of license.
After the application for any taxicab license has been filed
with the city clerk and the condition of the vehicle describe'd
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 ownership of such taxicab which shall contain the name
of the licensee including both owner and operator and a de-
scription of the vehicle licensed and before 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 1960, ~ 16-1009)
Supp. No. 19
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~ 34-56
VEHICLES FOR HIRE
~ . 34-59
Sec. 34-56. License register required.
The clerk shall keep a register of all licenses issued by
him under this article 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 number
and date of expiration. (Code 1960, ~ 16-1009)
Sec. 34-57. License duration, fee.
A license issued under this article shall be for a period
ending December thirty-first next after it is issued. The li-
cense fee for each year, or any fraction thereof, shall be
thirteen dollars ($13.00) per taxicab. (Code 1960, 16-1010;
Ord. No. 6863, ~ 1, 6-28-65; Ord. No. 8402, ~ 1, 11-25-74)
Sec. 34-58. Revocation of licenses authorized.
Licenses issued under this article 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
said board may also revoke such license for any cause which
the board' deems constitutes reasonable grounds for such revo-
cation and also for such causes as are otherwise in this
article provided for. (Code 1960, ~ 16-1010; Ord. No. 6863,
S 1, 6-28-65)
Sec. 34-59. Revocation, suspension of vehicle and drivers' li-
censes for violations.
In the event the operator of any taxicab violates any pro-
visions of this article, the license for the operation of the
same and the taxicab driver's or operator's license shall be
suspended by the chief of police for a period of ten (10) days.
In the event either of such licensees, the owner or the driver,
desires to appeal, they may appeal within said 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 said appeal shall be heard at the
supp. No. 19
1439
~ 34-69
SALINA CODE
~ 34-62
next succeeding meeting of the board of commissioners. At
such hearing the board of commissioners may reinstate any
such license or licenses or may permanently revoke the same.
In the event no appeal is effected from the suspension herein
provided for by the chief of police, thereupon said 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 com-
missioners, 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 said revocation. (Code 1960, S
16-1036)
Sec. 34-60. 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 condi-
tion mechanically and otherwise, including brakes, lights and
other equipment, or which is in any manner defective, unsafe
or unfit for use. (Code 1960, S 16-1011)
Sec. 34-61. Vehicle, driver's licenses to be posted; inspection;
signature required for identification.
The license issued by the city clerk for the operation of any
taxicab and also the driver's license issued by the city to the
driver thereof, or identification cards issued by the city clerk
as provided for in this article, shall at all times, while the taxi-
cab is being used or maintained or offered for use for hire
to the public, 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 1960, S 16-1012)
Sec. 34-62. Requirements for vehicles.
No taxicab shall be licensed unless it shall meet the follow-
ing specifications and requirements:
Supp. No. 19
1440
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~ 34-62
VEHICLES FOR HIRE
~ 34-63
Sec. 34-62(1). Frames for cards; manner of posting. Every
taxicab shall be equipped with a frame for the proper
display of the owner's fare rate card and the owner's
and driver's identification cards, as required by this
article and the laws of the state. Such card~ 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 of fare 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 with-
in 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 said names and the rates of fare shall
be of sufficient size and shall be so illuminated at night
that it can be clearly read at a distance of three (3)
feet.
::)ec.3.4-62(2). Knobs or handles of doors. Every taxicab
shall have a knob or handle upon the inside of all doors
thereof by which said doors may be easily opened from
the inside.
Sec. 34-62(3). Name and number on outside of cab. Every
taxicab that is authorized and licensed to operate 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 com-
pany owning and operating the same; the letters con-
stituting said names shall be block letters and at least
two (2) inches in height. (Code 1960, S 16-1020)
Sec. 34-63. Appointment of manager required; name to be
filed.
Two (2) or more owners or operators of taxicabs associated
together in any partnership, association or joint enterprise
or doing business under a joint or common name or from the
1441
~ 34-63
SALINA CODE
~ 34-66
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 partner-
ship, association, joint enterprise or corporation who shall
be responsible for the operation of all taxicabs and auto-
mobiles for hire of such partnership, association, joint enter-
prise or corporation in the city. The name of such manager
shall be immediately reported to the city clerk and to the chief
of police. No such partnership, association, joint enterprise
or corporation shall hereafter operate or be licensed to op-
erate 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 1960,
S 16-1021)
Sec. 34-64. 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 busi-
ness under a joint or common name or from the same offices
or headquarters shall for the purposes of this article be deemed
and considered to be a single firm or owner. (Code 1960, S 16-
1022)
Sec. 34-65. 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 streets of the city for the purpose of looking
for or soliciting passengers or pick up any passenger on or
adjacent to the streets of said city except in response to a call
from such passenger to the place of business 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 1960, S 16-1023)
Sec. 34-66. 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 1960, S 16-1024)
1442
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~ 34-67
VEHICLES FOR HIRE
~ 34-71
Sec. 34-67. Taximeter required.
No license shall be issued for a taxicab unless the same is
equipped with an accurate and working taximeter mechanism
so as to measure distance of transportation and clock mech-
anism to measure passage of time. (Code 1960, S 16-1004)
Sec. 34-68. 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 1960, S 16-1025; Ord. No. 6750, S 1,
12-2-63; Ord. No. 8099, S 1, 8-10-70; Ord. No. 8229, SS 1, 2,
6-19-72; Ord. No. 8232, SS 1,2,7-17-72; Ord. No. 8271, S 1,
12-18-72; Ord. No. 8359, S 1, 7-15-74)
Sec. 34-69. Intermediate pickup of passengers.
No intermediate pickups shall be made without the consent
of the passengers then in the taxicab. In the event of inter-
mediate pickups the first passenger in shall be the first de-
livered and shall pay the accumulated fare on delivery,
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 af-
fected. (Code 1960, S 16-1025; Ord. No. 6750, S 1, 12-2-63)
Sec. 34-70. 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 1960, S 16-1025; Ord. No. 6750, S 1, 12-2-63)
Sec. 34-71. Requirements for taximeters.
Whenever any taxicab shall have affixed thereto a taxi-
meter, such taximeter shall be of a size and design approved
by the license inspector of the city; 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
Supp. No. 18
1443
~ 34-71
SALINA CODE
~ 34-74
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 1960, ~ 16-1027)
Sec. 34-72. Using incorrect, unapproved taximeter; connec-
tion 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 per cent (5%) incorrect to the
prejudice of any passenger or which shall be operated from
any wheel to which the power is applied, or which has not
been duly inspected and approved. (Code 1960, ~ 16-1028)
Sec. 34-73. Taximeters, speedometers to be lighted.
After sundown, the face of every taximeter or other reg-
istering meter shall be illuminated by a suitable light so
arranged as to throw continuous steady light thereon. (Code
1960, S 16-1029)
Sec. 34-74. Maintenance of meters.
No person shall use or permit to be used or driven for hire
a taxicab equipped with a taximeter, the case of which is un-
settled and not having its covers and gears intact, or a taxicab
without a taximeter whose registering meter has not been
Supp. No. 18
1444,
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VEHICLES FOR HIRE
S 34-77
examined and approved and which is not at all times in good
working condition, or any taxicab, the use of which has not
been duly licensed. (Code 1960, ~ 16-1030)
Sec. 34-75. Taximeter signals.
No driver of a taxicab equipped with a taximeter while
carrying passengers or under employment shall display the
signal affixed to such taximeter in 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 traveled and the fare. (Code 1960, ~ 16-1031)
Sec. 34-76. 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 1960, S 16-1032)
Sec. 34-77. Inspection, testing of meters.
It shall be the duty of the person designated by the city
manager to examine, inspect and !'leal, 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 improperly
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 taximeter,
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 permit its use until such taxicab is equipped with
a taximeter or other registering meter approved by the in-
spector. For every meter inspection made by the inspector,
as provided for in this article, there shall be paid to the in-
spector a fee of fifty cents ($0.50) by the owner or operator
of such taxicab: Provided, however, that in case the inspection
is made upon complaint as herein provided and such taximeter
1445
~ 34-77
SALINA CODE
~ 34-80
or other registering meter is found to be correct, said inspec-
tion fee shall be paid by the person making said complaint
and not by the owner or operator of such taxicab. (Code 1960,
S 16-1032)
Sec. 34-78. 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
hired the same, and any person who shall hire any taxicab
with the intention of defrauding the person from whom the
same is hired shall be guilty of a misdemeanor. (Code 1960,
S 16-1033)
Sec. 34-79. 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.
Not more than one passenger shall be carried in the front
seat of such cab. (Code 1960, S9 16-1025, 16-1026)
Sec. 34-80. Using, permitting use for immoral purposes.
Any person owning, operating, driving or maintaining any
taxicab, automobile, or other vehicle or conveyance, who shall
use or permit the same to be used for the transportation,
carrying or conveying, within the city, of any persons to any
place for the purpose of engaging 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 unlawful sexual in-
tercourse in or on such taxicab, automobile or other vehicle
or conveyance, or any part thereof, shall, upon conviction
thereof, be punished by a fine not exceeding one hundred dol-
lars ($100.00), or by imprisonment not exceeding three (3)
months, or by both such fine and imprisonment. (Code 1960,
99 16-1035, 23-614)
1446
e
e
e
~ 34-81
VEHICLES FOR HIRE
~ 34-86
Sec. 34-81. Using to transport liquor, for other illegal pur-
pose.
It shall be unlawful to drive, operate or use any taxicab
for transporting liquor from any place within the city to any
place within or without said city or from any place without
said city to any place therein, or for any other unlawful pur-
pose. (Code 1960, S 16-1035)
Sec. 34-82. Pool cab service.
Sec. 34-82(1). Who may operate. Any person who has been
duly authorized and licensed to operate a taxi cab under the
provisions of Article III of Chapter 34 of the Salina Code is
hereby authorized to operate and provide pool cab service
within the City of Salina.
Sec. $4-82(2). Pool cab service defined. For the purpose
of this section, pool cab service is defined as a conveyance 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.
Sec. 34-82(3). Rate of fare. The rate of fare for pool cab
service shall be thirty five (35) cents per passenger.
Sec. 34-82 ( 4). Availability of service. Pool cab service
shall be available in all areas within the city limits, except
the Salina Municipal Airport, Salina Airport Industrial Cen-
ter and Schilling Manor.
Sec. 34-82(5). Article III provisions applicable to service.
All provisions of Article III of Chapter 34 of the Salina Code
relating to license requirements for vehicles, inspection of
vehicles, licensing of drivers, insurance requirements and sus-
pension of licenses shall be applicable to persons operating
pool cab service. (Ord. No. 7057, SS 1-5, 5-20-68)
Amendment note-Ord. No. 7057. !HI 1-5. did not expressly amend
this Code, hence it has been codified as ~ 34-82 in the discretion of
thp editors. CatchIines were added by the editors to facilitate indexing
and reference.
Sees. 34-83-34-86. Reserved.
Supp. No.6
1447
~ 34-87
SALINA CODE
~ 34-88
DIVISION 2. DRIVERS
Sec. 34-87. License 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 herein provided. (Code 1960, S 16-1013)
Sec. 34-88. Application required; contents.
Taxicab drivers' licenses shall be applied for in writing on
such forms as the city clerk may prescribe, and such applica-
tion shall include:
Sec. 34-88(1). The name, age, sex, weight, height, color of
eyes and hair of applicant, his residence address and
length of residence in the city;
Sec. 34-88(2). Whether or not the applicant has previously
been licensed as a chauffeur or taxicab driver, 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;
Sec. 34-88(3). The number of times and places arrested,
and/or convicted for traffic violations;
Sec. 34-88 (4). The experience the applicant has had in driv-
ing motor vehicles;
Sec. 34-88(5). The name of the person by whom the ap-
plicant is employed and the name and address of the
employer during the preceding two (2) years and the
kind of employment;
Sec. 34-88(6). Whether or not the applicant has even been
convicted of a felony or misdemeanor, giving particu-
lars of each such conviction;
Sec. 34-88(7). Each applicant shall furnish four (4) recent
photographs of himself, not less than two and one-half
(2112) inches by three (3) inches and not more than
two and one-half (2112) inches by three and one-fourth
(3%.> inches and submit to fingerprinting by the police
department. One of said photographs shall be attached
to the copy of the application filed in the police depart-
ment, one shall be attached to the application filed
with the city clerk, one shall be attached to the license
Supp. No.6
1448
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fi 34-88
VEHICLES FOR HIRE
fi 34-91
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;
Sec. 3J,.-88(8). A statement that the applicant is in good
health ;
Sec. 3J,.-88(9). The applicant must name three (3) reputable
persons who have known him for one year or more
immediately prior to such application. Such persons
given as reference must be residents of the city. Such
application 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 recom-
mendation on both copies, one of which shall be re-
turned by him to the city clerk and one retained in the
files of the police department, together with the finger-
prints of the applicant. (Code 1960, ~ 16-1013)
See. M-89. Examination and license fee.
Each application for a license hereunder shall be accom-
panied by the payment of an examination and license fee of
seven dollars ($7.00), and in the event the applicant is refused
a license such fee shall be returned to the applicant by the
city. (Code 1960, ~ 16-1013; Ord. No. 7062, ~ 1, 6-3-68; Ord.
No. 8403, ~ 1, 11-25-74)
Sec. M-90. Age,. residence of applicant.
Every applicant for a taxicab driver's license must be at
least twenty-one (21) years of age and have resided within
the State of Kansas for a period of one (1) year and have
been a bona fide resident of Saline County, Kansas, for at
least ninety (90) days next preceding the filing of such ap-
plication. (Code 1960, ~ 16-1014; Ord. No. 8120, ~ 1, 11-9-70)
Sec. M-91~ Investigation, report on criminal record of appli-
cant.
Before a taxicab driver's license is issued the chief of police
~hall cause an investigation to be made of the facts set forth
Supp. No. 19 1449
~ 34-91
SALINA CODE
~ 34-93
in the application and of the record of such applicant in the
city police court and the District Court of Saline County, and
any other courts in which he may have reason to believe the
applicant has a record, and shall report to the city manager
all information secured from such investigation relative to
the applicant's record in any court. (Code 1960, S 16-1014)
Sec. 34-92. Licensing of person with criminal record.
The city manager shall not approve the issuance of a license
to any person who has been convicted of the violation of any
of the criminal laws of the State of Kansas or has been con-
victed of a felony in any other state or has been convicted of
violating 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 convicted 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 1960, S 16-1014)
Sec. 34-93. Examination, report on traffic law knowledge,
city geography, ability to drive.
The chief of police shall also cause the applicant 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 wen 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 automobile by driving it through a crowded section
of the city, accompanied by a member of the police depart-
ment. If the applicant is found to be a fit and proper person
Supp. No. 19
1450
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~ 34-93
VEHICLES FOR HIRE
~ 34-94
to operate and drive a taxicab by the chief of police, he may
recommend to the city manager that a license be granted.
(Code 1960, ~ 16-1015)
Sec. 34-94. Approval of application, issuance of license.
The city manager shall consider the application for a taxi-
cab driver's license and the report and recommendation of
e
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SuPp. No. 12
1450.1
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~ 34-94
VEHICLES FOR HIRE
~ 34-96
the chief of police and any other information which may come
to him concerning the applicant, and if the city manager is
satisfied that the general reputation for integrity and respon-
sibility 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 1960,
S 16-1015)
Sec. 34-95. Unfit persons not to be licensed.
e
No taxicab driver's license shall be issued to any person who
from general physical appearance or for any other reason
is not in the opinion of the city manager morally and physical-
ly fit to drive or operate a taxicab or livery car in the city,
or to any person whose general reputation for integrity anI'
responsibility, or whose previous record as it law violator or
otherwise is such as to render the applicant unfit for sucb
occupation in the opinion of the city manager. (Code 19f
S 16-1015)
Sec. 34-96. Expiraion, renewal of licenses.
All drivers licenses shall expire on the last day of December
of each year. Prior to the expiration of any such license, the
driver may file an application for renewal and may obtain a
new license upon the payment of a fee of five dollars ($5.00)
if such renewal application is filed on or before December
twentieth (20th) of the year in which the existing 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 34-90 to 34-93 hereof, and new photographs
shall be furnished, if, in the opinion of the chief of police,
they are necessary for proper identification. (Code 1960,
~ 16-1015; Ord. No. 7024, S I, 11-27-67; Ord. No. 7063, S 1,
6-3-68; Ord. No. 8403, ~ I, 11-25-74)
e
Supp. No. 19
1451
~ 34-97
SALINA CODE
~ 34-101
Sec. 34-97. Refund, prorating of fee prohibited.
No refund of a license fee shall be made for any reason
whatsoever after issuance of the license and no license fee
shall be prorated. (Code 1960, ~ 16-1016)
Sec. 34-98. Identification badge required.
At the time the driver's license is issued, a driver's license
identification badge shall also be issued. Said badge shall be
of a form prescribed by the city clerk. The driver's license
number, badge number and the expiration date of said license
shall also be shown thereon. (Code 1960, ~ 16-1016)
Sec. 34-99. Display of identification badge.
The driver's license identification badge shall be conspicu-
ously 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 dis-
played. The driver shall be responsible for keeping said badge
in a good condition. (Code 1960, ~ 16-1017)
Sec. 34-100. License not transferable.
No taxicab driver's license shall be transferable. (Code
1960, ~ 16-1017)
Sec. 34-101. Duplication of badge.
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 "dupli-
cate" 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 1960, ~ 16-1018)
Supp. No. 19
1452
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~ 34-102
VEHICLES FOR HIRE
~ 34-104
Sec. 34-102. Revocation of license required; grounds.
A taxicab driver's license shall be revoked by the chief of
police for any of the following reasons:
Sec. 34-102(1). Upon conviction of violation of any federal
or state law;
Sec. 34-102(2). For operating any vehicle while drunk;
Sec. 34-102(3). For leaving the scene of an accident;
Sec. 34-102(4). For failure to make full report of an acci-
dent to the police department;
Sec. 34-102 (5). For permitting any other person to use his
license;
Sec. 34-102 (6). For obliterating any official entry on his
license identification badge;
Sec. 34-102 (7). Upon conviction of a third major traffic
violation 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.
Sec. 34-102(8). For violation of or failure to comply with
any of the provisions of this article and the amend-
ments and supplements thereto. (Code 1960, S 16-1019)
Sec. 34-103. Suspension of license authorized; grounds.
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:
Sec. 34-103(1). First and second offenses of any major traf-
fic violation;
Sec. 34-103(2). Repeated infractions of minor traffic laws
or rules. (Code 1960, S 16-1019)
Sec. 34-104. License to be taken up; report of revocation, sus-
pension.
Whenever a taxicab driver's license is revoked or suspended,
the chief of police shall take up the driver's license and license
Supp. No.6
1453
~ 34-104
SALINA CODE
~ 34-106
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 1960, S 16-1019)
Sec. 34-105. Eligibility for new license after revocation.
No person whose taxicab driver's license has been revoked
hereunder shall be eligible to receive a new license until one
year from the date of such revocation. (Code 1960, ~ 16-1019)
Sec. 34-106. Appeal from revocation, suspension.
In case of the revocation or suspension of a taxicab driver's
license, the driver shall have the right to appeal to the board
of commissioners by notifying the city clerk of his intention
to appeal within three (3) days, and thereafter presenting
the matter at the next regular meeting of the board of com-
missioners, but any revocation or suspension shall remain
in effect until such appeal is heard and until such revocation
or suspension is rescinded or set aside by the board. Upon the
hearing of any appeal from an order of suspension, or a con-
sideration of any report of suspension made by the chief of
police, the board may revoke any such license. (Code 1960,
~ 16-1019)
[The next pa~e is 1479]
Supp. No. 6
1454
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Chapter 35
WATER AND SEWERS*
Art. I. In General, ~~ 35-1-35-22
Art. II. Water, ~~ 35-23-35-53
Art. III. Rates, ~~ 35-54-35-78
Art. IV. Water Conservation, ~~ 35-79-35-87
ARTICLE I. IN GENERAL
e
See. 35-1. 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 sew-
age disposal system of the city as defined and referred to in
K.S.A. 12-856 to 12-868, including all improvements and ex-
tensions thereto, be combined, and it is hereby declared that
thenceforth, from and after August first, 1961, the water-
works system and the sewage disposal system of the city, as
defined and referred to in K.S.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 of Salina, Kansas. Said
water and sewerage system shall be operated and financed as
provided in K.S.A. 12-856 to 12-868. (Ord. No. 6544, ~ 1, 6-
27-61)
Sec. 35-2. Administration of combined department.
There is hereby created for the operation of the water and
sewerage system of the city, a water and sewerage department.
Said department shall be administered by the city manager
and he shall appoint such officers and employees as may be
necessary for the proper operation of the water and sewerage
e
.Cross references-For creation and composition of department of
waterworks and sewerage, see. ~ 2-94 (6); for department of waterworks
and sewerage generally, see ~ 2-171 et seq.; for plumbinir code, see ~
9-199 et seq.; sewer connection permits and fees, ~ 9-211; sewer con-
nections required, ~ 15-7 et seq.; damaging, tampering with water sys-
tem property, ~ 23-32; oil and grease draining into sewers prohibited,
~ 23-152; for service pipes and sewers ahead of pavinir, ~ 32-231 et seq.
Supp. No. 23
1479
~ 35-2
SALINA CODE
~ 35-6
system of the city. Said water and sewerage department shall
be administered and said water and sewerage system shall
be operated in accordance with all of the provisions of K.S.A.
12-856 to 12-868, and in accordance with the provisions of
K.S.A. 12-1001 to 12-1028, and all other applicable statutes.
(Ord. No. 6544, ~ 2, 6-27-61)
Sec. 35-3. Deposit, use of revenues.
All revenues derived from the sale and consumption of
water and from the management and operation 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 pur-
poses authorized by law. (Code 1960, ~ 30-106)
Sec. 35-4. 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 distributing water and providing sewer
service and repairing and maintaining the water and sewer
systems and equinment, and such other items as shall be nec-
essary for the intelligent management of the department.
(Code 1960, ~ 30-106)
Sec. 35-5. Petty cash fund created.
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 emergency
expenses, including refund of deposits made to secure payment
of accounts. (Code 1960, ~ 30-107; Ord. No. 8619, ~ 1, 1-30-78)
State law reference-For authority to create petty cash fund, see
K.S.A. 12-825a.
Sec. 35.6. Deposit, disbursements from petty cash fund.
The petty cash fund shall be deposited in the designated
city depository bank as a separate account and shall be paid
Supp. No. 23 1480
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~ 35-6
WATER AND SEWERS
~ 35-9
out on the order of the cashier of the water and sewerage de-
partment by checks which shall state clearly the purpose for
which issued. (Code 1960, ~ 30-107)
State law reference--For similar provisions, see K.S.A. 12-825a.
Sec. 35-7. Payees to certify checks on petty cash fund.
The payees of all checks drawn on petty cash funds shall
certify thereon over their signatures 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. (Code 1960, ~ 30-107)
State law reference--For similar provisions, see K.S.A. 12-825b.
Sec. 35-8. Audit and restoration of petty cash fund.
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 vouchers together with the paid checks to the
board of commissioners for audit, and allowance of the amount
from the contributing funds. Warrants issued therefor shall
be 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 1960, ~ 30-107)
State law reference--For similar provisions, see K.S.A. 12-825c.
Sec. 35-9. Regulations declared contractual; discontinuing
service for violators.
The rates, rules and regulations herein established shall be
considered a part of the contract with every person, firm or
corporation supplied with water or sewer service by the city,
either within or without the corporate limits of the city. Such
person, firm or corporation, by applying for and accepting
water or sewer service shall be held and considered as con-
senting 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
1481
S 35-9
SALINA CODE
S 35-22
of the director of utilities, after satisfactory assurance that
there be no further cause for complaint and upon payment
of any charges. (Code 1960, ~ 30-108)
Sec. 35-10. Director's right of entry.
The director of utilities or persons authorized 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 facilities, meters, pipes or fixtures or to investigate
the use of water, or to obtain meter readings. (Code 1960, ~
30-112)
Sec. 35-11. Tampering with meters, facilities.
It shall be a misdemeanor for any person or persons to
tamper with any water main, water meter, or other water
appurtenance, or any sewer line or sewer appurtenance, or to
make any connection to the water and sewerage system of the
city without written permission from the city, or to re-con-
nect 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 delin-
quency and the disconnection and reconnection fees herein
specified. (Code 1960, ~ 30-112; Ord. No. 6545, ~ 7, 6-27-61)
Sec. 35-12. Application for sewer service when not served
with city water.
Any person desiring sewer service for any premises not
served with city water shall make application therefor in the
same manner and subject to the same conditions as applica-
tions for water service as provided in section 35-23 et seq.
He shall pay the same deposit as is required of applicants for
water service.
Sees. 35-13-35-22. Reserved.
1482
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~ 35-23
WATER AND SEWERS
~ 35-25
ARTICLE II. WATER
Sec. 35-23. Application for service required.
Any person, firm or corporation making proper application
and complying with the requirements herein set forth shall
be supplied with water by the department providing the prop-
erty to be supplied 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 location of the premises for which water is to be furnished
and all purposes for which water is required and any other
information required by the department. Application for extra
service by existing customers or for the transfer of service
may be made by telephone. (Code 1960, ~ 30-109; Ord. No.
6606, ~ 1,3-6-62)
Sec. 35-24. Deposit required.
Unless the applicant for water service shall have estab-
lished a satisfactory credit record with the water and sewage
department through past dealings, such application must be
accompanied by a 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 such director, such increase may be necessary to protect
the city from loss. (Code 1960, ~ 30-109; Ord. No. 6606, ~ 1,
3-6-62 )
Sec. 35-25. 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 1960, ~ 30-
109; Ord. No. 6606, ~ 1, 3-6-62)
Supp. No. 24
1483
~ 35-26
SALINA CODE
~ 35-29
Sec. 35-26. 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 in-
terest 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 payment 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 1960, S 30-109;
Ord. No. 6606, S 1, 3-6-62; Ord. No. 8641, S 1, 7-3-78)
Sec. 35-27. Basis of deposit; application to payment of bills.
The amount of deposit required shall at all times be reason-
able, and shall be based upon the value of the maximum service
rendered; and such advance deposit, together with the inter-
est due thereon, may be applied to the payment of any bills due
on discontinuance of service. (Code 1960, S 30-109; Ord. No.
6606, S 1, 3-6-62)
Sec. 35-28. Refund of deposits.
The city may at its discretion refund such deposit, together
with interest, at any time it so desires. Two years following
the date of such deposit, the city shall refund the deposit plus
accrued interest upon demand of the depositor, providing said
depositor shall have established and maintained a satisfactory
credit record with the department to the satisfaction of the
director of utilities. (Code 1960, S 30-109; Ord. No. 6606, S
1, 3-6-62 )
Sec. 35-29. Forfeiture of unclaimed deposits.
Any amount of security deposit and the accrued interest
thereon remaining in the account of any customer in accord-
ance with this article who has discontinued service with the
department shall be placed in the operating fund of the water
and sewerage department upon the following conditions:
Supp. No. 24
1484
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~ 35-29
WATER AND SEWERS
~ 35-30
(a) Such money has remained on deposit with the water
and sewerage department for a period of more than
three (3) years from the date service was discontinued;
(b) No demand for such money has been made at any time
during the three-year period;
(c) The whereabouts of the person to whose account the
money is credited is unknown and a reasonable effort
has been made to determine the same; and,
(d) Following the expiration of the three-year period the
water and sewerage department has published once a
week for two (2) consecutive 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 sixty (60) days.
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 sewer-
age department. (Code 1960, ~ 30-109a; Ord. No. 6606, ~ 2,
3-6-62; Ord. No. 8642, ~ 1, 7-3-78)
Sec. 35-30. Taps and charges.
Sec. 35-30(1). The phrase "lineal feet" where hereinafter
used shall be deemed to refer to the front footage of the pri-
vate 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 prop-
erty is carved into lots and irregularly shaped, the lineal foot-
age shall be deemed to refer to the main width of any such
irregular lot.
Sec. 35-30(2). Whenever any person, firm or corporation
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 foot-
age of the property to be so served shall be paid to the
Supp. No. 24
1485
~ 35-30
SALINA CODE
~ 35-32
water and sewerage department. The department shall tap
on all mains or distribution lines, inserting a corporation
cock and furnishing the union for the connection to the ser-
vice line. A charge shall be made for each tap in addition to
the sums aforesaid in the amount of twenty-five dollars
($25.00) for each one inch corporation cock. Larger sized
corporation cocks may be authorized by the director of utili-
ties and the charges therefor shall be actual cost of installa-
tion plus fifteen per cent (15%) to be paid to the water
and sewerage department when the service is installed and
applied for or the tap ordered.
Sec. 35-30(3). 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 antecedent to September 13, 1954.
Sec. 35-30( J,.). It shall be the duty of any person applying
for the provision of new service of water to correctly 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 misrepre-
sented. (Code 1960, ~ 30-110; Ord. No. 8419, ~ 1, 1-6-75)
Sec. 35-31. Mai~tenance of plumbing, etc.; wasting water.
All water consumers shall keep their own fixtures, service
lines and curb cocks, meter boxes or pits and all other ap-
purtenances 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 1960, ~ 30-
111)
Sec. 35-32. City not liable for interrupted service, 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 cut-
ting off of water to repair mains, make connections or for any
Supp. No. 24
1486
e
~ 35-32
WATER AND SEWERS
~ 35-32
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 be-
tween the main and the curb cock, or when curb cocks are
broken or
e
e
Supp. No. 24
1486.1
e
e
e
~ 35-32
WATER AND SEWERS
~ 35-35
cannot be! cloooo,curb boxes are misplaced, filled with debris
or require new lids, or when other repairs or replacements are,
necessary to the prope'r operation of the system and the sup-
plying of water to users, or to prevent waste of water, reason-
able efforts shall be made to request or notify the owne,r 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 im-
practicable to notify the owner or pa.rty 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 reasonable length of time,
or where an emergency does not permit the necessary de,lay
in finding the owner or party l,iable, then thel water and sewelr-
age 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 pe,r cent (25%)
for overhead expenses, against the property served, and the
same shall be collectible in the same manner as monthly water
bills. (Code 1960, ~ 30-111)
Sec. 35-33. Abandoned service lines to be capped or plugged.
No service lines shall be abandoned without first having
been shut off and capped or plugged at the corporation cock
at the expensel of the property owner; provided, that the direc-
tor of utilities may upon written request waive the removal
thereof. (Code 1960, 9 30-111)
Sec. 35-34. Meters required.
All water sold by the department shall be measured by me-
ter unless supplied under special contract according to estab-
lished rates. (Code 1960, 9 30-112)
Sec. 35-35. Department to furnish, install meters.
All meters in the corporate limits shall be furnished by the
department and installed without cost tOI the customer. (Code
1960, ~ 30-112)
Supp. No.2
1487
~ 35-36
SALINA CODE
g 35-40
Sec. 35-36. Installation of meters.
All water meters shall be instaIled in accordance with the
regulations. and specifications ,of the waterwarks and sewerage
department pramulgated by the directar ,of utilities and filed
with said department and the building department.
See. 35.37. Meter location.
Shauld it nat seem practicable ta lacate the meter adjacent
to the curb bax, written permissian shall be abtalined from
the director ,of utilities to place the meter at such point as the
directar of utilities shall provide. (Cade 1960, S 30-112)
Sec. 35-38. Dirt, rubbish prohibited in meter or service box.
Na person shall deposit dirt, stone 0'1' rubbish ,of any nature
in any meter box ,or curb bax. (Cade 1960, S 30-112)
Sec. 35-39. Meters ta be accessible, unobstructed.
The occupant af any building ,or premises ,or customer of
service thelrefar ,or premises where a meter is located shall
keep the meter free fram all abstructians sa that it is at all
times conveniently accessible far reading, inspecting ,or re-
pa.iring. Where a water meter is inaccessible due ta the nan-
caoperation ,of the custamer, the director ,of utilities may in
his discretian require that the meter be maved to a lacation
designated by him at the expense ,of the praperty ,owner. (Code
1960, S 30-112)
Sec. 35-40. Consumer responsible for damage to meter.
Whether a meter is lacated in a building, an appraved meter
bax or housing in the parking ,or sidewalk 0'1' elsewhere, the
consumer 0'1' ,owner ,of the praperty in which such meter is
plaoed shall be respansible far its pratectiQn and pres.ervatiQn
and any damage sustained by such meter shall be charged ta
the consumer or ,owner ,of the praperty served in the same
manne!r as prescribed for repairs tQ service lines,. (Code 1960,
S 30-112)
Supp. No.2
1488
e
e
e
~ 35-41
WATER AND SEWERS
~ 35-44
Sec. 35-41. 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 1960, ~ 30-112)
Sec. 35.42. 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 per-
mission 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 1960, ~ 30-113)
Sec. 35-43. Unlawful use of water.
It shall be unlawful for any person to take or use water
from the waterworks of the city without notice to the depart-
ment 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 1960, ~ 30-120)
Sec. 35.44. Consumer defined.
The consumer, as referred to herein, shall be the party
receiving water or service for a property classified as fol-
lows:
(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.
&upp. No.7
1488.1
~ 35-44
SALINA CODE
~ 35-45
(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, firm or corporation, having a number of of-
fices, 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 desirned for occupancy by two (2) families, each
household unit of which shall be considered an indi-
vidual consumer.
. (6) Apartment howse: A building arranged, intended, or
designed for more than two (2) families, each house-
hold unit of which shall be considered an individual con-
sumer.
(7) Boarding h01u;e or lodging how;e: A building other than
a hotel, occupied as a single housekeeping unit, where
lodging and/or meals are provided for five (5) or
more persons for compensation, pursuant to previous
arrangement, but not for the public or transients.
(8) Hotel: A building occupied or used as a more-or-Iess
temporary abiding place of individuals 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 individual
rooms.
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 35-55
per hundred cubic feet or per thousand gallons for two thou-
sand (2,000) cubic feet as it now exists or as hereafter amend-
ed shall be made. (Ord. No. 6951, S 1, 1-16-67)
Amendment note-Ord. No. 6951, ~ 1, adopted Jan. 16, 1967 amended
this Code by adding ~ 35-44.
Sec. 35-45. Fluoridating water supply system authorized.
(a) The water department of the City of Salina is hereby
directed and authorized to install and operate equipment
Supp. No. 7
1488.2
e
A 36-46
WATER AND SEWERS
~ 35-54
which will introduce sufficient fluoride compound to raise
the fluoride concentration in the finished water to one (1)
part of fluoride for every milIion parts of water being dis-
tributed to the water supply system of the City of Salina.
or such concentration as is ordered from time to time by the
Kansas State Board of Health.
(b) The city water department shall operate said fluoride
system in accordance with standards established by the Kan-
sas State Board of Health and shall make such periodic in-
spections as in their judgment may be deemed necessary to
safeguard the health and welfare of the citizens of Salina and
shall be responsible for the expedient, safe, proper and effi-
cient operation of said fluoridation. (Ord. No. 7096, ~ 1, 2,
11-26-68)
Editor's note-Section 34-45 is derived from Ord. No. 7096, ~~ 1 and 2.
This ordinance was not amendatory of this Code.
Sees. 35-46-35-53. Reserved.
e
ARTICLE III. RA TES*
Sec. 35-54. Scope.
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 and sewerage system of the
city, in order fully. to meet the requirements of the statutes
of the State of Kansas, will be hereinafter specified, subject,
however, to such changes therein and revisions thereof as may
be made from time to time by the city. (Ord. No. 8540, ~ 1,
1-31-77; Ord. No. 8685, ~ 1, 1-22-79)
e
*Editor's note--Ord. No. 8540, ~ 1, enacted Jan. 31, 1977, amended
Art. III, relative to rates, to read as set out. Prior to amendment said
article was derived from Code 1960, ~~ 30-112, 30-115, 30-117, 30-118,
30-121---30-122; Ord. No. 6545, ~~ 1, 3-6, adopted June 27, 1961; Ord.
No. 6597, ~ 1, adopted Jan. 30, 1962; Ord. No. 6607, ~ 1, adopted
Karch 6, 1962; Ord. No. 6717, ~ 1, adopted June 3, 1963; Ord. No. 6950,
A 1, adopted Jan. 16, 1967; Ord. No. 8062, ~ 1, adopted Jan. 19, 1970;
Ord. No. 8075, ~ 1, adopted March 23, 1970; Ord. No. 8265, ~ 1, adopted
Dec. 11, 1972; and Ord. No. 8477, ~ 1, adopted March 22,1976.
Supp. No. 24
1489
~ 35-55
SALINA CODE
~ 35-66
Sec. 35-55. Water rates established.
Except for the minimum amounts allowed, the monthly
water rat~ to be charged and collected for water service fur-
nished to any user by the waterworks system of the city,
the same being a part of the combined water and sewerage
system of the city, shall be as follows:
Sec. 35-55(1). Rates inside city.
First 2,000 cubic feet at $0.56 per 100 cubic feet
Next 28,000 cubic feet at $0.38 per 100 cubic feet
All over 30,000 cubic feet at $0.35 per 100 cubic feet
Multiple consumers served by a master meter are
charged at fifty-six cents ($0.56) per one hundred
(100) cubic feet for all water consumed in excess
of minimum allowance.
Sec. 35-55(2). Minimum. The following are hereby estab-
lished as the minimum charges for users of water using
the prescribed size of meter and not to exceed the maxi-
mum volume of water for each minimum charge on a
monthly basis:
Meter Size
(Inches)
5fs
%
1
11/2
2
3
4
6
8
$
2.90
4.:50
5.65
9.45
11.60
21.50
112.10
160.15
182.00
Cubic Feet
Allowed
300
500
600
1,000
1,100
2,000
25,000
30,000
30,000
Monthly Minimum
Charge
Sec. 35-55(3). Rates outside city. The general specific and
minimum rates charged for water produced and sold by
the waterworks system of the city as now or hereafter
prescribed by ordinance are hereby declared to be appli-
cable only to water consumed or used within the limits
of the city. The minimum charge for water consumed
Supp. No. 24
1490
e
~ 35-55
WATER AND SEWERS
~ 35-57
e
or used outside the limits of the city shall be two (2)
times the minimum charge for water consumed within
the city. Water consumed or used outside the city in a
volume in excess of the minimum for each meter shall
be charged at the regular rate plus twenty-five (25)
per cent thereof. The rates prescribed herein shaH not
apply to situations wherein the waterworks system of
the city is bound by noncancellable contracts to provide
water at other rates to consumers or users outside the
city.
Sec. 95-55 (J,.). Rates for rural water districts. Any contract
executed by the city to furnish water to a rural water
district organized pursuant to Article 6 of Chapter 82a
of the Kansas Statutes Annotated or any amendments
thereto shall specify that the rates to be charged for
said water furnished shall be one hundred twenty-five
(125) per cent of the rate specified in section 35-55(1)
for multiple uses through a single meter or battery of
meters as provided in section 35-44 or any amendments
to either of said sections. (Ord. No. 8540, ~ 1, 1-31-77;
Ord. No. 8685, ~ 1, 1-22-79)
See. 35-56. 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 shaH be estimated
by the director of utilities. (Ord. No. 8540, ~ 1, 1--31-77; Ord.
No. 8685, ~ 1, 1-22-79)
See. 35-57. 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 aver-
age amount registered during a like preceding period and such
e
Supp. No. 24
1491
~ 35-57
SALINA CODE
~ 35-60
other information as is available. (Ord. No. 8540, ~ 1, 1-31-77;
Ord. No. 8685, ~ 1, 1-22-79)
Sec. 35-58. Charge for bulk sales of water.
The charge for the bulk sale of city water, being the sale of
water by the city for use off the premises where metered and
sold, shall be two dollars and ten cents ($2.10) per one thou-
sand (1,000) gallons. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No.
8685, ~ 1, 1-22-79)
See. 35-59. 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 dollars ($25.00) per annum per hydrant which shall be
payable quarterly in advance. No fire hydrant shall be con-
nected to any water main outside of the city without notice
and without securing permission 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 becomes due. (Ord. No. 8540, ~
1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79)
See. 35-60. Sewerage rates established.
The monthly sewerage rates to be charged and collected for
the use of and services rendered by the sanitary sewerage sys-
tem of the city (such system as the term is used in this article
to include all means by which sewage is transported, treated,
and disposed of in and by the city's sewer lines, pumping sta-
tions, sewage treatment plants, outfall sewers, and any and all
appurtenances thereto), said sewerage system constituting a
part of the combined water and sewerage system of the city,
and to all customers or users of said sewerage system, includ-
ing all persons, firms, corporations, city departments, the
United States of America, the State of Kansas, all subdivisions
of such state, and all institutions, organizations, and others
whose premises are connected or may hereafter be connected
directly or indirectly to the city's sanitary sewerage system,
shall he as follows:
Supp. No. 24 1492
e
~ 35-60
WATER AND SEWERS
~ 35-60
FOR SEWER CONNECTIONS WITHIN. THE CITY RE-
CEIVING WATER SOLELY FROM THE CITY'S WATER-
WORKS SYSTEM, EACH RESIDENTIAL UNIT BEING
SERVED BY ITS OWN WATER METER:
Sec. 35-60(1). For each residence, apartment, or other resi-
dential dwelling unit in the city, each such unit being
served by its own water meter, sewerage charges which
shall be calculated in the manner hereinafter provided
and shall be based on the gross consumption of water
by such customer as recorded by each water meter
serving the premises of such customer, as follows:
For the first 500 cubic
feet or less, of wa-
ter consumed each
month ______n____________
e
For the next 500 cubic
feet of water con-
sumed each month
For the next 1,000
cubic feet of wa-
ter consumed each
month _____________
For the next 3,000
cubic feet of wa-
ter consumed each
month ____________________
For th~- next 15,000
cubic feet of wa-
ter consumed each
month _____________
e
Supp. No. 24
$2.00 per month, which
amount shall be the minimum
charge for each residence,
apartment or other residential
dwelling unit; at the rate of
$0.40 for each 100 cubic feet;
At the rate of $0.32 per each
100 cubic feet;
At the rate of $0.29 per each
100 cubic feet;
At the rate of $0.24 per each
100 cubic feet;
At the rate of $0.19 per each
100 cubic feet;
1493
t 35-60
SALINA CODE
~ 35-60
For the next 20,000
cubic feet of wa-
ter consumed each
month _____________n_____
At the rate of $0.13 per each
100 cubic feet;
For the next 40,000
cubic feet of wa-
ter consumed each
month _____________n_____
At the rate of $0.09 per each
100 cubic feet;
For the next 70,000
cubic feet of wa-
ter consumed each
month m_______________n
At the rate of $0.06 per each
100 cubic feet;
All over 150,000 cubic
feet of water con-
sumed each month
At the rate of $0.()3 per each
100 cubic feet;
Provided, however, that in the month of June of each
year the average monthly gross consumption of water
according to the meter reading for each customer for
the preceding months of January, February, and March
shall be ascertained and the monthly sewage service
charge to be paid by each customer for each of the next
succeeding twelve (12) months, beginning with the
month of July and ending with the next succeeding
month of June, shall be based on said average monthly
consumption of water by such customer during said
preceding three-month period as determined by the
meter reading during the months of January, February,
and March.
Sec. 35-60(2). The monthly sewage service charge to each
commercial, industrial, or other customer except those
specifically covered elsewhere in this article shall be
based on thE. average monthly gross consumption of
water according to the meter readings for said cus-
tomer, said meter readings taken in December, and each
Supp. No. 24
1494
e
e
e
~ 35-60
WATER AND SEWERS
~ 35-60
succeeding month to and including the subsequent
December. Provided, that following the month of Jan-
uary, and prior to the month of July, and continuing
in the same specified period each succeeding year, the
average monthly gross consumption of water according
to the meter readings for said customer, said meter
readings taken each month during the preceding twelve
(12) months from December to January shall be ascer-
tained. The monthly sewage service charge to be paid
by each such customer for each of the next succeeding
twelve (12) months, beginning with the month of July
and ending with the next succeeding month of June,
shall be based on said average monthly consumption of
water by such customer during said preceding twelve-
month period.
Sec. 35-60(3). For each commercial, industrial or other cus-
tomer having a sewer connection directly or indirectly
with the city's sewerage system and discharging there-
in sewage of such volume, type, or character as shall
place an unusual burden on the city's sewage treatment
plant and system, such fair and equitable sewage charg-
es and amounts as may be fixed from time to time by
the governing body of the city, taking into consideration
the sewage burden aforesaid. If the quantity or type
and character of such sewage discharged into such sys-
tem shall render it difficult to establish a fair and
equitable sewage charge, the customer shall at his sole
cost and expense install and maintain in good operating
condition suitable meters or measuring and sampling
devices of standard type and design at the appropriate
point or points as are necessary to properly determine
the characteristics of the sewage and measure the cus-
tomer's sewage discharge and shall permit the em-
ployees and representatives of the city to read such
meter or measuring devices, and sewage charges for
such customer shall be established in accordance with
such metering records and/or sampling analysis.
Supp. No. 24
1495
~ 35-60
SALINA CODE
~ 35-60
FOR MULTIPLE LIVING UNITS WITHIN THE CITY
SERVED BY A MASTER WATER METER OR METERS:
Sec. 35-60(4). For multiple living units not more than three
(3) in number of any kind or character (including
mobile home courts) located within the city and served
by the city's waterworks through a master water meter
or meters, sewage charges based on the gross consump-
tion of water as recorded by said master water meter
serving said units, calculated in accordance with the
schedule hereinabove set forth in section 35-60(1) here-
of for each residence, apartment, or other residential
dwelling served by its own water meter.
Sec. 35-60(5). For multiple living units four (4) or more in
number of any kind or character (including mobile
home courts) located within the city and served by the
city's waterworks through a master water meter, sew-
age charges based on the gross consumption of water
as recorded by said meter, calculated as follows:
For the first 500 cubic
feet or less, of wa-
ter consumed each
month ________~~~~___~~~~~ $2.00 each month, which
amount shall be the minimum
sewage charge for said multi-
ple living units served by said
master water meter;
For all over 500 cubic
feet of water con-
sumed each month
At the rate of $0.32 per each
100 cubic feet;
FOR RESIDENTIAL SEWER CONNECTIONS WITHIN
THE CITY RECEIVING WATER FROM A SOURCE
OTHER THAN THE CITY'S WATERWORKS SYSTEM:
Sec. 35-60(6). For each residence, apartment, or other resi-
dential dwelling unit in the city receiving water solely
from a source other than the city waterworks system,
the monthly sewage service charge shall be two dollars
and twenty cents ($2.20) per month.
Supp. No. 24 1496
e
~ 35-60
WATER AND SEWERS
~ 35-60
FOR SEWER CONNECTIONS WITHIN THE CITY RE-
CEIVING WATER FROM BOTH THE CITY W A TER-
WORKS SYSTEM AND OTHER SOURCES:
Sec. 35-60(7). Each residence, apartment, or other residen.
tial dwelling unit and each other such customer whether
person, firm or corporation, receiving water from both
the city waterworks system and other sources shall be
charged as stated in subsections (1), (2), (3), (4), or
e
e
Supp. No. 24
1496.1
e
e
e
9 35-60
WATER AND SEWERS
S 35-60
(5), whichever is applicable. The combined usage shall
determine the sewer service charges, according to the
rates hereinbefore specified. Provided that where the
total amount of water discharged to the sanitary sewer
system is not twenty-five (25) per cent more than the
water consumed from the city waterworks system, no
sewer service charge shall be made on that portion of
water discharged to the sanitary sewer system which is
more than the water consumed from the waterworks
system.
FOR ALL SEWER CONNECTIONS OTHER THAN
RESIDENTIAL RECEIVING WATER SOLELY FROM
SOURCES OTHER THAN THE CITY WATERWORKS
SYSTEM:
Sec. 35-60(8). For each commercial, industrial or other such
customer whether person, firm, or corporation receiv-
ing water solely from sources other than the city water-
works system, the monthly sewer charge shall be based
on sewage flows determined by engineering surveys
conducted by representatives of the city. Said charges
shall be as established in subsections (1), (2), or (3),
whichever is applicable. If the quantity or type and
character of such sewage discharged into such system
shall render it difficult to estahlish a fair and equitable
sewage service charge, the customer shall at his sole cost
and expense install and maintain in good operating con-
dition suitable meters or measuring and sampling
devices of standard type and design as required to
determine the characteristics of the sewage, at the
appropriate point or points as are necessary to properly
measure the customer's sewage discharge and shall per-
mit the city to read such meters, measuring or sampling
devices, and sewage charges for such customer shall be
established in accordance with such metering records
and/or sampling analysis.
EXI,STING WATER WELLS TO BE REGISTERED,
APPLICA TION TO BE MADE FOR PERMIT TO DRILL
Supp. No. 22
1497
~ 35-60
SALINA CODE
~ 35-60
WATER WELL AND CHANGES IN CAPACITY OR USE
OF WELLS TO BE REPORTED:
Sec. 35-60(9). Each owner of a water well which furnishes
water, any portion of which is discharged into the city's
sewage system, shall register the ,same as to location,
capacity, and ownership with the city's building inspec-
tor who shall furnish a copy of each such registration
to the director of utilities.
If any person, firm or corporation shall desire to drill
a new water well which would furnish water any por-
tion of which is discharged into the city sewage system,
application therefor shall be made by the owner of the
premises to the city's building inspector and a permit
issued by him before such well is drilled.
If any change is made in the capacity or use of any
water well now or hereafter, the water of which well
is discharged either wholly or in part in the city's
sewage system, the owners of such well shall make a
written report of such change to the city's building
inspector who shall furnish a copy thereof to the direc-
tor of utilities.
Sec. 35-60(10). Failure to comply with any of the provisions
aforesaid relating to the registration of existing wells,
the obtaining of a permit to drill a new well, and the
reporting of changes in the capacity or use of any well,
shall constitute a misdemeanor.
SEWERAGE RATES AND CHARGES FOR SEWER
CONNECTIONS LOCATED OUTSIDE THE CITY:
Sec. 35-60(11). All of the sewerage rates and charges here-
inbefore specified shall apply solely to users receiving
sewerage service within the city. For sewerage service
furnished by the city to connections outside the city,
the minimum monthly charge shall be twice the mini-
mum monthly charge made for similar service within
the city. For service outside the city in excess of said
monthly minimum charge, the rate shall be the rate
applicable for the same service within the city, plus
twenty-five (25) per cent thereof.
Supp. No. 22
1498
e
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~ 35-60
WATER AND SEWERS
~ 35-63
Sec. 35-60(12). All of the sewerage rates hereinbefore in
this section specified shall be applied in a fair and equi-:
table manner; and if in any case special or unforeseen
circumstances arise, they shall be taken into considera-
tion by the officers and representatives of the city and
by its board of commissioners in determining the
amount of such charges as applied to the particular
case. (Ord. No. 854D, ~ 1, 1-31-77; Ord. No. 8685, ~ 1,
1-22-79)
Sec. 35-61. 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 maintained by such user, or by other records
kept and maintained by such user and open for inspection by
the city's representatives, more than one-fourth (!A,) of the
water so used by said 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
disposal system shall be based on the amount of water fur-
nished such customer during said month, less the amount of
such water which was not discharged into the city's sewage
disposal system. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685,
~ 1, 1-22-79)
Sec. 35-62. Covenant not to decrease rates.
The city hereby agrees, in consideration of persons, firms,
corporations and partnerships 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. (Ord.
No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79)
Sec. 35-63. Free service prohibited.
No water or sanitary sewerage service shall be furnished
or rendered by the city's combined water and sewerage system
Supp. No. 24
1499
~ 35-63
SALINA CODE
~ 35-64
free of charge. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685,
~ 1, 1-22-79)
Sec. 35-64. Billing and collection; disconnection service for
nonpayment.
Sec. 35-64(1). 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 said bill, such bill shall be considered delinquent.
A delinquency and termination notice shall be issued within
five (5) days after a bill is delinquent. The delinquency and
termination notice shall provide the customer of record with
the following 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 no later than three (3)
working days before the date of discontinuance. Such hearings
will be conducted by one or more of the following representa-
tives, 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 au-
thorized to discontinue and disconnect 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.
If the service to the property shall be disconnected, it shall
remain disconnected until such customer shall pay the full
amount of all water and sewer bills, including such cash de-
posit as the director of utilities may require and a reconnection
charge of ten dollars ($10.00).
Supp. No. 24
1500
e
e
e
~ 35-64
WATER AND SEWERS
~ 35-67
Sec. 35-64(2). 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 service rendered monthly
during the months of May through October, inclusive. Water
consumed during 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 payable in the same manner as set forth in section
35-64(1) and the same procedure therein provided for the col-
lection, notification and disconnection of service for delinquent
accounts shall be applicable.
Sec. 35-64(3). 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 direc-
tor shall proceed immediately to disconnect service to any
customer who is in arrears for the period hereinbefore speci-
fied. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79)
Sec. 35-65. Department not responsible for delivery of bill;
duplicates.
The water and sewerage department does not assume the
responsibility for speedy and safe delivery of, or failure to
receive bill; a duplicate may be obtained by calling in person
at the office of the department. (Ord. No. 8540, ~ 1, 1-31-77;
Ord. No. 8685, ~ 1, 1-22-79)
Sec. 35-66. Corrections and refunds.
The director of utilities shall have authority to make correc-
tions or refunds of overpayments or improper water bills due
to error in the water and sewerage department, but shall have
no authority to remit or diminish a bill for any other reason.
(Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79)
Sec. 35-67. Service not to be furnished until accounts paid.
Whenever any consumer of water shall move from one loca-
tion or premises to another in or adjacent to the city, or
Supp. No. 24
1501
~ 35-67
SALINA CODE
~ 35-78
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 appli-
cant for water service is indebted to the water and sewerage
department of the city for any water or sewerage service pre-
viously furnished to him either at the premises for which an
application is made or at any other place in the city, the direc-
tor of utilities shan refuse to turn on or authorize the turning
on of water for any such consumer or applicant at any place
until all previous 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, shan have
been paid, and no applicant or consumer shall be entitled to
have water turned on at any premises until an such charges
and requirements have been fully paid and complied with. (Ord.
No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79)
Sec. 35-68. 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 department as may, in his judgment, be
necessary. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1,
1-22-79)
See. 35-69. Combined reading of multiple meters; when per-
mitted.
The water consumption, as shown by multiple meters servic-
ing a single structure or a group of structures having a single
or common plumbing system, may be combined for purposes
of computing charges.
All single meter installations shall be computed for billing
on an individual basis. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No.
8685, ~ 1, 1-22-79)
Sees. 35-70-35-78. Reserved.
Supp. No. 24
1502
e
~ 35-79 WATER AND SEWERS ~ 35-79
ARTICLE IV. WATER CONSERVATION
See. 35-79. Definitions.
}I'or the purpose of this article, the following terms s.haJI
have and be construed to have the following meanings:
e
e
Supp. No. 24
1502.01
e
e
e
~ 35-79
WATER AND SEWERS
~ 35-79
Sec. 35-79(1). Air cO'Ytditioning s'Ystem shall include any
combiIlaition 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.
Sec. 35-79(2). Building official shall mean the building
offlcial of the city or such officer or agent as he shall
duly authorize to act in enforcement of this article.
Sec. 35-79(3). Person shall mean all users of air condition-
ing equipment connected with the municipal water
supply or emptying water into municipal storm or
sanitary sewers, incl uding natural persons, partner-
ships, corporations or associations. Whenever used with
respect to a penalty, the term "person" as applied to
partnerships or associations shall mean the partners
thereof, and as applied to corporations, the officers
thereof.
Sec. 35-79 ( J,.). System shall mean a single air conditioning
unit or group or collection of such units or any other
combination of a,ir conditioning apparatus connected
to the municipal water supply in a common location,
or a municipal storm sewer or sanitary sewer, such as
an apartment or office building or supplied with water
through any single customer service pipe connected to
the municipal water supply system or emptying into
municipal storm or sanitary sewers.
Sec. 35-79(5). Tons shall mean the manufacturers rating
of the compressor on an air conditioning system so
operated based on American Society of Refrigeration
Engineers or American Refrigeration Institute stand-
ards of ratings.
8ec. 35-79(6). Water conservation equilYtnent or [acilVties
shall mean evaporative condensers, cooling towers,
spray ponds, recirculating pumps or return disposal
wells. (Code 1960, S 30-201)
Supp. No. 22
1502.1
~ 35-80
SALINA CODE
~ 35-81
See. 35-80. Types of air conditioners.
All air conditioners hereafter installed shall be air cooled
or equipped with water conservation equipment or faciltities.
(Code 1960, ~ 30-202)
Sec. 35-81. Permit required to install air conditioner; fee.
No person shall install, remodel or add to any air condi-
tioning 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
Supp. No. 22
1502.2
e
e
e
~ 35-81
WATER AND SEWERS
~ 35-84
from the building official. The building official shall charge
a fee of three dollars ($3.00) for the issuance of such permit.
(Code 1960, ~ 30-203)
Cross reference--Fee for permits when not obtained in time, * 1-11.
Sec. 35.82. Who may install air conditioners; notice, inspec-
tion required.
No one other than a plumber licensed by the city shall
connect any such air conditioning system 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 installa-
tion. Within forty-eight (48) hours following the completion
of any such work authorized by the permit required by the
foregoing section of this article, the person doing such work
shall file in the office of the building official written notice
of 'Such completion and request for inspection which inspection
shall be promptly made by the building official. (Code 1960,
~ 30-204)
Sec. 35-83. Violators not to receive permits.
Licensed plumbers or electricians who violate any of the
provisions and regulations of this article may be denied the
privilege of securing further permits from the building offi-
cial. (Code 1960, ~ 30-204)
Sec. 35.84. Surcharge for air conditioners.
Inasmuch as the conservation of water and regulation of
sewer load during periods of peak demands is in the public
interest, a surcharge is hereby authorized against all air con-
ditioning systems connected to the municipal water supply
or emptying into municipal storm or sanitary sewers, which
surcharge is hereby fixed at two dollars and fifty cents
($2.50) per month per ton rated capacity for the months of
June, July, August and September in each year. This sur-
charge 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
1503
~ 35-84
SALINA CODE
~ 35-87
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 conditioning
systems:
Sec. 35-84(1). Systems heretofore installed and now in use
for single family units or duplex residential purposes:
Provided, that the water is used for irrigation.
Sec. 35-84(2). Any system equipped with water conserva-
tion equipment or facilities. (Code 1960, ~ 30-205)
Sec. 35.85. 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 1960, ~ 30-205)
Sec. 35-86. Priorities established.
Whenever the city commission shall deem it necessary in
the interest of the conservation 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 municipa,l water system in the following order of
sequence:
Sec. 35-86 (1). Irrigation.
Sec. 35-86(2). Air conditioning without water conservation
facilities.
Sec. 35-86(3). Industry-Air conditioning and other indus-
trial or commercial uses.
Sec. 35-86(4). Sanitary use. (Code 1960, ~ 30-206)
Sec. 35-87. Waste prohibited.
It shall be unlawful to waste water. The use of water in
violation of any of the terms of this article shall be deemed
waste. Water flowing into a gutter or into a street, alley or
sidewalk, directly or indirectly, from an air conditioning
system shall be deemed waste. (Code 1960, ~ 30-207)
[The next page is 1529]
1504
Chapter 36
ZONING REGULATIONS*
Art. I. General Provisions, SS 36-100-36-199
Art. II. Amendments, SS 36-200-36-299
Art. III. Districts, Maps and Boundaries, SS 36-300-36-399
Art. IV. General Use Regulations, SS 36-400-36-499
Art. V. General Bulk Regulations, SS 36-500-36-599
Art. VI. District Regulations, SS 36-600-36-699
Art. VII. Planned Development Districts, SS 36-700-36-799
Art. VIII. Flood Plain Zoning District, SS 36-800-36-899
Art. VIllA. Heritage Conservation District, SS 36-8AOO-36-8A99
Art. IX. Signs, SS 36-900-36-999
Art. X. Off-Street Parking and Loading, SS 36-1000-36-1099
Art. XI. Nonconforming Uses, Bulk and Signs, SS 36-
1100-36-1199
Art. XII. Administrative Provisions, SS 36-1200-36-1299
Art. XIII. Definitions, SS 36-1300,36-1301
ARTICLE I. GENERAL PROVISIONS
e
Sec. 36-100. Title.
This chapter, including the zoning district maps made a part
hereof, by reference, may be known and cited as the "Zoning
Regulations." (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-101. Intent and purpose.
These zoning regulations, adopted pursuant to the provisions
of the Kansas Statutes Annotated, Sections 12-707 through
12-721, are intended to serve the following purposes:
(a) To protect and promote the public health, safety, con-
venience, comfort and general welfare of the city;
(b) 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
e
*Cross references-Building and structural appurtenances, Ch. 9; flood
control, Ch. 13; mobile homes and mobile home parks, Ch. 21; planning,
Ch. 27; streets and sidewalks, Ch. 32; airport zoning, App. AI; subdivi-
sion regulations, App. B.
Supp. No. 26
1505
~ 36-101
SALINA CODE
~ 36-102
occupied by buildings and other structures, the size of
yards, courts, and other open spaces, and the density of
population;
(c) To guide the future growth and development of the city
in accordance with the comprehensive plan adopted by
the planning commission;
(d) To protect and conserve the value of land throughout
the city and the value of buildings appropriate to the
various districts established by these regulations;
(e) 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 popula-
tion;
(f) To bring about the gradual conformity of the uses of
land and buildings throughout the city through the com-
prehensive zoning plan set forth in this chapter, and
to minimize the conflicts among the uses of land and
buildings;
(g) To promote the most beneficial relation between the
uses of land and buildings and the circulation of traffic
throughout the city;
(h) To provide a guide for public policy and action in the
efficient provision of public facilities and services and
for private enterprise in building development, invest-
ment and other economic activity relating to uses of
land and buildings throughout the city; and
(i) To prevent pollution, encourage the wise use and sound
management of natural resources, promote aesthetic
values and preserve the historical character of the city.
(Ord. No. 8526, ~ 1, 12-13-76)
See. 36-102. Scope of controls.
Sec. 36-102(1). Territorial application. This chapter shall
apply to all structures and land in the City of Salina, but the
planning commission may waive all requirements of this chap-
ter for the following uses when appropriate:
Supp. No. 26
1506
e
e
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~ 36-102
ZONING
~ 36-102
(a) Poles, wires, cables, conduits, vaults, laterals, pipes,
mains, valves or other similar equipment for the dis-
tribution to consumers of telephones or other communi-
cations, electricity, gas or water, or the collection of
sewage or surface water operated or maintained by
public utility, but not including substations located on
or above the surface of the ground.
(b) Railroad tracks, signals, bridges and similar facilities
on a railroad right-of-way, and maintenance and repair
work on such facilities and equipment. This provision
shall not include any facilities and equipment listed as
a permitted use in the 1-3, Heavy Industrial District.
(c) Agricultural structures or land used for agriculture.
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.
Sec. 36-102(2). Existing permits. This chapter is not in-
tended to abrogate or annul any building permit, zoning cer-
tificate, variance, conditional use permit or certificate of
occupancy lawfully issued before the effective date of this
chapter, except as follows: If this chapter makes the proposed
use under such permit, variance or certificate nonconforming
as to use or bulk, and there has been no substantial change of
position, expenditure, construction or operation, or incurrence
of substantial obligations by the permit, certificate or variance
holder in reliance on such permit, certificate or variance within
one hundred twenty (120) days after the effective date of this
chapter, the building permit, zoning certificate, conditional
use permit, or variance will be invalid. If substantial construc-
tion or substantial operations have taken place and are con-
tinuing at the time, the proposed use may be completed.
Sec. 36-102(3). Certificate of occupancy. When a structure
is completed under a permit or certificate to which section
36-102 applies, a certificate of occupancy shall be issued in
accordance with the zoning regulations in effect at the time
the building permit or zoning certificate was issued.
Supp. No. 22
1507
~ 36-102
SALINA CODE
~ 36-200
Sec. 36-102 (4). 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 continue, subject to the provisions of Article XI.
Sec. 36-102(5). Annexed land. All land which may hereafter
be annexed to the City of Salina 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 other-
wise at the time of annexation or until such time as the land
may legally be rezoned.
Sec. 36-102(6). Subdividing required prior to zoning. Land
shall be subdivided in accordance with the subdivision regula-
tions of the City of Salina prior to rezoning any area to any
district other than the A-I District. The zoning request shall
be tentatively approved, subject to proper subdividing for a
period not to exceed one year. The planning commission may
grant one extension not exceeding six (6) months, upon writ-
ten application. In the event that proper subdividing is not
completed within the specified time, the planning commission
shall recommend appropriate action to the governing body.
(Ord. No. 8526, S 1, 12-13-76)
Sees. 36-103-36-199. Reserved.
ARTICLE II. AMENDMENTS
Sec. 36-200. Authority.
For the purpose of promoting the public health, safety and
welfare, conserving the value of property throughout the city,
and lessening or avoiding congestion in the public streets, the
governing body may, from time to time, in the manner here-
inafter set forth, amend this chapter, 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 conserva-
Supp. No. 22
1508
e
e
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~ 36-200
ZONING
~ 36-202
tion of property values, and the uses to which property is
devoted at the time of adoption of such amendatory ordinance.
(Ord. No. 8526, ~ 1, 12-13-76)
See. 36-201. Initation of amendments.
Proposals for amendment may be initiated by the governing
body, the planning commission, or upon application of the
owner of the property affected pursuant to the procedure set
forth in section 36-202. (Ord. No. 8526, ~ 1, 12-13-76)
See. 36-202. Form of application for amendment.
Sec. 36-202(1). When the governing body, or the planning
commission, proposes an amendment, it shall transmit its pro-
posal, including information prescribed in section 36-202 (2)
(b) and (c) below, to the planning commission for a public
hearing and a report thereon.
Sec. 36-202(2). When the owner of the property affected
proposes an amendment to these regulations or to any zoning
district created thereby, an application for such amendment,
addressed to the governing body, 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:
(a) The applicant's name and address;
(b) The precise wording of any proposed amendment to
the text of this chapter;
(c) If affecting a change in the zoning map:
1. The legal description and street address of the
property proposed to be reclassified;
2. The name and address of the owner or owners of
said property;
3. The present zoning classification and existing uses
of the property proposed to be reclassified;
4. The area of the property proposed to be reclassi-
fied; and
Supp. No. 22
1509
~ 36-202
SALINA CODE
~ 36-203
5. An ownership list certified by a registered ab-
stractor of the owners of all property located with-
in two hundred (200) feet of the boundaries of the
property to be affected by the proposed amend-
ment.
(d) Such application shall be accompanied by a fee pursu-
ant to the city fee schedule, which may be changed from
time to time. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-203. Public hearing.
The planning commission shall hold a public hearing on
each proposed amendment at a reasonable time and place as
established 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 commission. An applicant for an amendment
may waive the requirement that such hearing be held within
forty-five (45) days.
Sec. 36-203(1). Notweof hearing. The planning commission
shall hold at least one public hearing on the proposed
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 hear-
ing and containing a statement regarding the proposed
amendment. If the proposed amendment would change
the zoning classification of any property, or the bound-
aries of any zoning district, such notice shall contain
the legal description and street address or general street
location of such property, its present zoning classifica-
tion, and the proposed classification, In such case, the
planning commission shall mail a written notice of the
public hearing thereon, containing the same informa-
tion as the published notice thereof, to the owner or
owners of the property 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.
Supp. No. 22 1510
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e
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~ 36-203
ZONING
~ 36-204
Sec. 36-203(2). 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 pro-
cedures as the planning commission may, from time to
time, prescribe by rule. Any interested 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
governmental 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. (Ord. No. 8526, S I, 12-13-76)
Sec. 36-204. Findings of fact and recommendation of planning
commission.
Within forty (40) days after the close of a public hearing
on a proposed amendment, the planning commission shall sub-
mit a report to the governing body. 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
inspection. A copy of the report shall also be mailed to the
owner of the specific property affected by the proposed amend-
ment. Such report shall contain findings based upon the evi-
dence presented and a recommendation as to whether the pro-
posed amendment should be adopted. The report submitted to
the governing body shall be accompanied by a copy of the
record of the hearing on the proposed amendment.
Sec. 36-204(1). Amendments to text. When a proposed
amendment would result in a change in the text of this
chapter but would not result in a change of zoning
classification of any specific property, the report of the
planning commission shall contain a statement as to the
nature and effect of such proposed amendment and
findings as to the following:
(a) Whether such change is consistent with the inter-
est and purpose of this chapter;
Supp. No. 22
1511
!i 36-204
SALINA CODE
!i 36-205
(b) The areas which are mast likely t.o be directly
affected by such change and in what way they will
be affected; and
(c) Whether the pr.oposed amendment is made neces-
sary because .of changed or changing conditions in
the areas and zoning districts affected, and, if sa,
the nature of such changed or changing conditions.
Sec. 36-204(2). Amendments to change zoning districts.
When a proposed amendment would result in a change
.of the z.oning classification .of any specific property,
the report of the planning commission shall contain
statements as to the present classification, the classifi-
cation under the pr.op.osed amendment, and the reason
far seeking such reclassification, and findings as to the
following:
(a) Whether the change in classification would be c.on-
sistent with the intent and purpose of this chapter;
(b) Whether every use that would be permitted on the
pr.operty if it were reclassified would be compati-
ble with the uses permitted on other pr.operty in
the immediate vicinity;
(c) 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;
(d) Whether the proposed amendment would c.orrect
an error in the applicati.on .of this chapter; and
(e) Whether the proposed amendment is made neces-
sary because .of changed or changing conditi.ons in
the area affected, and, if so, the nature .of such
changed or changing conditions: (Ord. No. 8526,
~ 1, 12-13-76)
Sec. 36-205. Action by governing body.
Sec. 36-205(1). Adoption of amendments. The g.overning
b.ody shall n.ot act upon a pr.oposed amendment to this chapter
until it shall have received a written report and rec.ommenda-
tion from the planning commission. If a proposed amendment
Supp. No. 22
1512
e
e
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~ 36-205
ZONING
~ 36-300
is not acted upon finally by the governing body within one
hundred twenty (120) days of the date upon which the plan-
ning 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 amendment has been
denied, such amendment shall not thereafter be passed without
a further public hearing and notice thereof as provided in
section 36-203.
Sec. 36-205(2). 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 proposed amendment pursuant to the pub-
lished notice, which protest is duly signed and acknowledged
by the owners of twenty (20) per cent or more of any property
proposed to be rezoned, or by the owners of twenty (20) per
cent 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 (3ft.) vote of all
the members of the governing body. (Ord. No. 8526, S 1,
12-13-76)
Sees. 36-206-36-299. Reserved.
ARTICLE III. DISTRICTS, MAPS AND BOUNDARIES
Sec. 36-300. Establishment of districts.
The City of Salina is hereby divided into the following dis-
tricts, the respective symbol for each type of district being
set forth opposite its title:
Symbol Title
A-I Agricultural District
RS Single-Family Residential Suburban District
R Single-Family Residential District
R-l Single-Family Residential District
Supp. No. 26
1513
~ 36-300
Symbol
R-2
R-2.5
R-3
MH
U
C-l
C-2
C-3
C-4
C-5
C-6
1-1
1-2
1-3
SALINA CODE
~ 36-301
Title
Multiple-Family Residential District
Multiple-Family Residential District
Multiple-Family Residential District
Mobile Home Park District
University District
Restricted Business District
Neighborhood Shopping District
Shoppiug Center District
Central Business District
Service Commercial District
Heavy Commercial District
Industrial Park District
Light Industrial District
Heavy Industrial District
From time to time, Planned Development Districts (PDD),
Flood Plain Districts (FP) and Heritage Conservation
Districts may be established pursuant to Articles VII, VIII
and VIllA, respectively of this chapter. Each such district
may be designated on the zoning map and in the text of this
chapter by symbol only. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-301. Zoning map.
The areas and boundaries of such districts are hereby estab-
lished on the zoning maps of the City of Salina, 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
everything shown thereon, is hereby made a part of this
chapter.
Sec. 36-301 (1). 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 established herein.
Any area not shown on the zoning map as being in-
cluded in any district shall be deemed to be in the R-l
Single-Family Residential District. (Ord. No. 8526, ~ 1,
12-13-76)
Supp. No. 26
1514
e
e
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~ 36-302
ZONING
~ 36-400
Sec. 36-302. District boundaries on zoning map.
In the event that uncertainties exist with respect to the
intended boundaries of the various districts as shown on the
zoning map, the following rules shall apply:
(a) District boundaries are the center lines of streets, alleys
or other rights-of-way, unless otherwise indicated.
(b) Where distrjct 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.
(c) 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.
(d) When a lot held in one ownership on the effective date
of this chapter is divided by a district boundary line,
the entire lot shall be construed to be within the less
restrictive district unless the application of this con-
struction would increase the area of the less restrictive
portion of the lot by more than twenty-five (25) per
cent.
(e) 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 railroad right-of-
way serves as a district boundary, 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. (Ord. No. 8526, ~ 1, 12-13-76)
Sees. 36-303-36-399. Reserved.
ARTICLE IV. GENERAL USE REGULATIONS
Sec. 36-400. Permitted uses.
No structure shall hereafter be built, moved or remodeled
and no structure or land shall hereafter be used, occupied or
Supp. No. 24
1515
.
~ 36-400
SALINA CODE
~ 36-402
designed for use or occupancy except for a use that is per-
mitted within the zoning district in which the structure or
land is located. (Ord. No. 8526, ~ 1, 12-13-76)
See. 36-401. Conditional uses.
No use of a structure or land that is designated as a condi-
tional use in any zoning district shall hereafter be established,
and no existing conditional use shall hereafter be changed to
another conditional use in such district unless a conditional
use permit is secured in accordance with the provisions of sec-
tion 36-1201 (2) of this chapter. (Ord. No. 8526, ~ 1, 12-13-76)
See. 36-402. Accessory uses.
No accessory use, building or structure shall be located in
any required front, side or rear yard, except as provided in
section 36-402(1), 36-402(2), and 36-402(3) and that the fol-
lowing permitted accessory uses will be allowed in any zoning
district in connection with any principal use which is per-
mitted :
Sec. 36-J,.02(1). Permitted accessory uses include, 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 buildin~ shall exceed one hundred
sixty (160) square feet in gross floor area, the
use shall be in keeping with the principal struc-
ture, and provided that no part of such structure
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;
(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 acces-
Supp. No. 24
1516
e
e
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~ 36-402
ZONING
~ 36-402
sory 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 housekeeping units
and provided that no part of such structure is
located in the front yard setback;
(f) Statuary, arbors, trellises, barbecue stoves, flag-
poles, fences, walls and hedges;
(g) Fallout shelters, provided that they shall not be
used for any principal or accessory use not per-
mitted in the zoning district and provided that no
part of such structure is located in the front yard
setback ;
(h) Signs, when permitted by Article IX of this chap-
ter and by the individual district regulations;
(i) Off-street parking and loading spaces, as permitted
by Article X 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, manufacturing or indus-
trial building; and
(1) Outdoor storage or overnight parking, in a residen-
tial district, of boats, boat trailers, or recreational
vehicles, provided such storage does not constitute
a traffic or safety hazard, and buses when asso-
ciated with a church or school and parked no closer
than fifty (50) feet from any adjacent residential
district.
Sec. 96-402(2). Bulk regulations. Accessory structures and
uses shalI 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 exists and ten (10) feet
when an alley exists;
(b) Shall maintain a three-foot side yard, except that
no part of any accessory building shall be located
closer than three (3) feet in residential districts
Supp. No. 24
1517
~ 36-402
SALINA CODE
~ 36-403
and ten (10) 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 sections 9-352 and 9-354
of the Salina Code.
Sec. 36-1,.02(3). Use limitations. Accessory structures and
uses shall comply with the use regulations applicable
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
accessory. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8657,
~ 1, 9-11-78)
Sec. 36-403. Temporary uses.
The following temporary uses of land are permitted subj ect
to the specific regulations and time limits which follow, and
to the other applicable regulations of the district in which the
use is permitted:
(a) 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 requirements 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;
(b) Contractors office and equipment sheds (containing no
sleeping or cooking accommodations) accessory to a
construction project, and to continue only during the
duration of such proj ect ;
(c) Real estate offices (containing no sleeping or cooking
accommodations) incidental to a new housing develop-
ment to continue only until the sale or lease of all
dwelling units in the development;
Supp. No. 24
1518
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~ 36-403
ZONING
~ 36-403
(d) Seasonal sale of fann produce (including Christmas
trees) grown on the premises in an A-I or RS District,
to continue for not more than four (4) months per
year; structures incidental 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 season during which they
are used;
(e) Promotional activities of retail merchants involving the
display only of goods and merchandise that are for sale
within the principal structure, conducted outside of such
structure for a period of not more than two (2) con-
secutive weeks in any three-month period provided that:
1. No portion of the display shall be on publicly owned
property unless the applicant shall first have ob-
tained approval for such use from the city;
2. No required off-street parking or loading area will
be utilized for such display, storage or dispensing;
3. No food or drink shall be displayed outside the
building except in accordance with standards and
prior written approval of the Salina-Saline County
Health Department; and
4. These provisions shall in no way be deemed to
authorize the outdoor display of automobiles, trail-
ers and equipment rental or the sale of used furni-
ture, appliances, plumbing, housewares, building
materials or similar display or sale in any business
district except as otherwise permitted by this chap-
ter.
(f) Garage sale, as defined, in any residential district limit-
ed to three (3) consecutive days in any six-month
period. Where such sale is conducted on premises ex-
terior to any structure, all sale items shall be removed
from such exterior premises within one day following
the day the sale is concluded. (Ord. No. 8526, ~ 1,
12-13-76; Ord. No. 8663, ~ 1, 9-25-78)
Supp. No. 24
1519
~ 36-404
SALINA CODE
~ 36-404
See. 36-404. 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 by one or more members of the family
residing on the premises, may be permitted if it conforms to
the following restrictions:
Sec. 36-404(1). In the districts where permitted.
(a) No stock in trade (except articles produced by
members of the immediate family residing on the
premises) shall be displayed or sold on the prem-
ises;
(b) No alteration of the principal residential building
shall be made which changes the character thereof
as a dwelling;
(c) No more than twenty-five (25) per cent of the
area of one story of a single-family dwelling, nor
more than twenty (20) per cent of the area of any
other dwelling unit, shall be devoted to the home
occupation, provided, however, that rooms let to
roomers are not subject to this limitation;
(d) No mechanical or electrical equipment other than
normal domestic or household equipment shall be
used;
(e) No outdoor storage of equipment or materials used
in the home occupation shall be permitted;
(f) No person other than a member of the immediate
family occupying such dwelling unit shall be em-
ployed ;
(g) The home occupation shall be conducted entirely
within the principal residential building;
(h) No exterior sign or display shall be permitted,
except one nonilluminated wall sign: not over two
(2) square feet in sign area.
Sec. 36-401,.(2). Permitted home occupations. In particular,
home occupations may include, but are not limited to:
(a) Dressmaker, seamstress, tailor;
Supp. No. 24
1520
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~ 36-404
ZONING
~ 36-404
(b) Music and dancing teaching limited to a single
pupil at a time, except for occasional groups;
(c) Artists, sculptors, authors, composers, photogra-
phers ;
(d) Ministers, rabbis, priests;
(e) Professional office for physician, dentist, lawyer,
engineer, architect, accountant, real estate agent,
or similar use;
(f) Office facility for salesman, sales representative,
manufacturer's representative, when no retail,
e
e
Supp. No. 24
1520.1
'e
e
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~ 36-404
ZONING
~ 36-405
wholesale, or exchange of goods is made or trans-
acted on the premises;
(g) Home crafts, provided that no machinery or equip-
ment shall be used or employed, other than that
which would customarily be found in the home,
including machinery or equipment that would cus-
tomarily be employed in connection with a hobby
or avocation not conducted for gain or profit;
(h) Day care homes, provided such homes shall have all
yard areas enclosed that are devoted to such use;
and
(i) Barber and beauty shops provided that only one
operator shall be permitted.
Sec. 36-404(3). Prohibited home occupations. Home occu-
pations shall not be deemed to. include:
(a) Automobile repair service;
(b) Funeral homes;
(c) Nursery schools and grQUp day care centers, unless
specifically permitted by the district regulations;
(d) Restaurants;
(e) Stables, kennels and animal hospitals;
(f) Tourist homes, unless specifically permitted by dis-
trict regulations;
(g) Renting of trailers, cars or other equipment; and
(h) Medical or dental clinics or hospitals. (Ord. No.
8526, S 1, 12-13-76)
See. 36-405. Number of structures and uses on the zoning lot
and access to the lot.
Sec. 36-405(1). Not more than one principal residential
structure shall be located on a single zoning lot, unless per-
mitted 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 per-
mitted by Article VII of this chapter relating to. planned
development districts.
Sec. 36-405(2). In agricultural, commercial or industrial dis-
tricts, any number of structures (except residential struc-
Supp. No. 22
1521
~ 36-405
SALINA CODE
~ 36-500
tures) 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.
Sec. 36-405(3). No land which is located in a residential
district shall be used for a driveway, walkway or access pur-
pose to any land which is located in any commercial or indus-
trial district. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-406. Sewer and water facilities.
The Salina-Saline County Health Department shall approve
all proposed sewer and water systems other than those defined
as public. (Ord. No. 8526, ~ 1, 12-13-76)
Secs. 36-407-36-499. Reserved.
ARTICLE V. GENERAL BULK REGULATIONS
Sec. 36-500. Bulk requirements.
In this chapter, bulk requirements are expressed 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 be used,
occupied, arranged or designed for use of occupancy:
(a) 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;
(b) 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;
(c) 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;
Supp. No. 22
1522
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~ 36-500
ZONING
~ 36-502
(d) Which is narrower than the minimum lot width required
in the zoning district in which the structure or land
is located; or
(e) Which is shallower than the minimum lot depth re-
quired in the zoning district in which the structure or
land is located.
No existing structure shall hereafter be remodeled so as to
conflict or further conflict with the lot area per dwelling unit
requirements for the zoning district. (Ord. No. 8526, ~ 1,
12-13-76)
Sec. 36-501. Yard requirements for open land.
If a zoning lot is, or will be, occupied by a permitted use
without structures, then the minimum setback and minimum
side and rear yards that would otherwise be required for said
zoning lots shall be provided and maintained unless some other
provision of this chapter requires or permits a different mini-
mum setback, front, side or rear yard. The front, side and
rear yards shall not be required on zoning lots used for garden
purposes without structures, or on zoning lots used for open
public recreation areas. (Ord. No. 8526, S 1, 12-13-76)
Sec. 36-502. Restrictions on allocation and disposition of re-
quired yards or open space.
Sec. 36-502(1). No part of the lot area, or of a yard, or
other open space, or off-street parking or loading space pro-
vided in connection with any structure or use in order to
comply with this chapter shall, by reason of change of owner-
ship or otherwise, be included as part of the minimum lot area
or of a yard, or open space, or off-street parking or loading
space required for any other structure or use, except as specif-
ically provided herein.
Sec. 36-502(2). All of the lot area and aU yards and other
open spaces provided in connection with any structure or use
in order to comply with this chapter shall be located on the
same lot as such structure or use.
Supp. No. 22
1523
~ 36-502
SALINA CODE
~ 36-504
Sec. 36-502(3). N0' part of the lot area or of the yard, other
0'pen 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 0'n the effective date
of this chapter or of any amendment thereof) shall be sub-
sequently reduced below, or further reduced if already less
than, the minimum requirements of this chapter for the equiv-
alent new construction. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-503. Permitted obstructions in required yards.
The f0'llowing shall not be considered to be obstructions
when located in a required yard:
(a) In all yards. Open terraces not over thirty-six (36)
inchesl above the average level of the adjoining gr0'und
but not including a permanently 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 Article IX.
(b) In any yard except a front yard. Accessory uses per-
mitted by Article IV; recreational and laundry drying
equipment; and open space and enclosed fences not
exceeding six (6) feet in height.
If any provision in this chapter requires a fence in a
fr0'nt yard, or a fence that has a minimum height in
excess of five (5) feet, then such fence shall be a per-
mitted obstruction within the meaning of this secti0'n.
(c) In front yards. Open, unenclosed porches projecting
eight (8) feet or less. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-504. Lot size requirements and bulk regulations for
public utility facilities.
Notwithstanding any other provision of this chapter, 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:
Supp. No. 22
1524
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~ 36-504
ZONING
~ 36-505
(a) Electric and telephone substations and distribution sys-
tems.
(b) Gas regulator stations.
(c) Poles, wires, cables, conduits, vaults, laterals, pipes,
mains, valves, or other similar equipment for the trans-
mission of electricity, gas or water.
(d) Pumping stations.
(e) Radio, television and microwave transmitting or relay
stations and towers.
(f) Transformer stations.
(g) Water towers or standpipes.
(h) Cable TV poles.
(i) Any other similar use. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-505. Obstructing visibility at intersections.
Sec. 36-505(1). 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,
within that triangle formed by the curb lines (or the shoulder
of the road where no gutter exists), of the intersecting streets
drawn from the apex of the intersecting curb lines back a
distance of sixty (60) feet with a line drawn between said
points to form a base, such area to be herein referred to as
a clear site zone.
Sec. 36-505 (2). Exceptions. The provisions of section 36-505
(1) above shall not apply to existing permanent buildings;
public utilities poles; hedges trimmed to a height of less than
three (3) feet; trees, 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
Supp. No. 22
1525
~ 36-505
SALINA CODE
~ 36-505
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) per cent; supporting members appurtenant
to permanent buildings existing 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 sup-
ports do not constitute an obstruction; and, noncommercial
signs constructed parallel with the base line which, in the
opinion of 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.
Sec. 36-505(3). Preexisting violations not excepted. No ob-
struction to cross visibility shall be determined to be an excep-
tion from the application of this article because of its being
in existence on June 25, 1965, unless expressly exempted by
the terms of this article.
Sec. 36-505(4). Notice of 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 said
notice shall specify in what manner a traffic hazard has been
alleged to exist. Said notice shall direct the removal by the
property owner or owners of such structures, trees or other
obstructions which constitute said traffic hazard. Said prop-
erty owner or owners shall be allowed ten (10) days in which
to comply with said order, except obstructions of a temporary
nature which shall be removed on notice.
Sec. 36-505(5). Removal by city. If within ten (10) days
after the service of such notice, either by mailing or by per-
sonal delivery, the owner or owners of the lot or parcel of
land have failed, refused, or neglected to remove such obstruc-
tions, then the city shall cause to be removed 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
Supp. No. 22
1526
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~ 36-505
ZONING
~ 36-600
of ground on which the obstruction was located and the city
clerk shall, at the time of certifying other city taxes, extend
the same on the tax rolls of the county against said lot or
parcel of ground and it shall be collected by the county treas-
urer and paid to the city as other taxes are collected and paid.
(Ord. No. 8526, ~ 1, 12-13-76)
Sees. 36-506-36-599. Reserved.
ARTICLE VI. DISTRICT REGULATIONS
Sec. 36-600. A-1 Agricultural District.
The A-I District is designed to reflect the pattern of land
uses that are found in the rural areas of Salina.
Sec. 36-600(1). Permitted uses.
e
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Supp. No. 24
1.
2.
3.
Agriculture, as defined in this chapter.
Single-family dwellings.
Cemeteries, including crematories and mausoleums
when used in conjunction with a cemetery, but not
including mortuaries.
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 residential district.
Educational institutions, as follows:
(a) Boarding schools and academies.
(b) Colleges and universities.
(c) Primary, intermediate and secondary schools.
Family care facilities.
Group day care centers when located in a nonresi-
dential building.
Hospitals, sanitariums, rest homes and nursing
homes.
Libraries and museums.
Oil or gas well drilling, provided such well is, or
will be, located more than five hundred (500) feet
from any school, residential district boundary, or
any residential building other than a residential
4.
5.
6.
7.
8.
9.
10.
1527
~ 36-600
SALINA CODE
~ 36-600
building occupied by the owner, lessee or operator
of the premises on which the well is located. (See
section 36-600(2).)
11. 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 district. (See section 36-600(2).)
(a) Electric and telephone substations and distri-
bution centers.
(b) Gas regulator stations.
(c) Poles, wires, cables, conduits, vaults, laterals,
pipes, mains, valves and other similar equip-
ment for the transmission, as distinguished
from distribution to consumers, of telephone or
other communicatioIlB, electricity, gas or wa-
ter, operated or maintained by a public utility,
as defined in this chapter.
(d) Police and fire stations.
(e) Pumping stations.
(f) Radio, television and microwave transmitting
or relay stations and towers.
(g) Telephone exchanges.
(h) Transformer stations.
(i) Water reservoirs and standpipes.
(j) Ambulance service.
12. Recreational and social facilities, as follows:
(a) Country clubs, including golf, swimming and
tennis clubs.
(b) Golf courses, but not including golf driving
ranges, pitch and putt, or miniature golf
courses.
(c) Noncommercial recreational buildings, com-
munity centers, auditoriums, stadiums and
arenas.
(d) Parks and playgrounds.
(e) Privately owned dwellings for seasonal occu-
pancy and not designed or used for permanent
occupancy, such as summer homes and cot-
tages, and hunting and fishing lodges and
cabins.
Supp. No. 24 1528
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~ 36-600
e
ZONING
~ 36-600
13.
(f) Public athletic fields.
Religious institutions, as follows:
(a) Churches, chapels, temples, synagogues, cathe-
drals, and shrines.
(b) Convents, seminaries, monasteries, and nun-
neries.
(c) Rectories, parsonages and parish houses.
Riding stables, provided no structure housing
horses shall be located nearer than seven hundred
fifty (750) feet to the boundary of any residential
district.
Well head stations, well separators and other simi-
lar 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-inch or less mesh, or
its equivalent, not less than six (6) feet in height.
Accessory and temporary uses, and home occupa-
tions, as permitted by Article IV.
Signs, as permitted by Article IX.
Off-street parking, as required by Article X.
14.
15.
16.
17.
18.
Sec. 36-600(2). Conditional uses.
Airports.
Community sewage treatment plants.
Excavation, extraction, or mining of sand, gravel,
or other raw materials from the earth for resale.
The conditions imposed on such excavation, extrac-
tion, or mining may include, but are not limited to,
requirements for setbacks from schools and resi-
dential districts, screening, fencing, redevelopment,
and restrictions on the grade of the excavation and
vehicular access thereto.
4. Group care facilities.
5. Oil or gas well drilling when not permitted by
section 36-600 (1).
Supp. No. 24
e
1.
2.
3.
1529
A 86-600
SALINA CODE
A 86-601
6. Recreational facilities such as campgrounds, youth
camps, gun clubs, and skeet and trap shooting
ranges.
7. Public service and public utility uses listed in sec-
tion 36-600(1)10., but which are, or will be located
nearer than three hundred (300) feet to the bound-
ary of a residential district.
8. Sanitary landfill, subject to state requirements.
9. Greenhouses and nurseries.
10. Public utility substations.
11. Power plants.
12. Campgrounds, subject to the provisions of section
36-606(3)2. and 3.
Sec. 36-600(8). Lot size requirements.
1. Minimum lot area: Four (4) acres.
2. Minimum lot width: Two hundred (200) feet.
3. Minimum lot depth: Two hundred (200) feet.
Sec. 36-600(4). Bulk regulations.
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.
(Ord. No. 8526, S 1, 12-13-76; Ord. No. 8664,
S 1, 9-25-78)
Sec. 36-601. RS Single-Family Residential Suburban District.
The RS District is designed for single-family dwellings and
compatible uses, at a density not less than one acre per dwell-
ing unit.
Supp. No. 24
1530
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e
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fi 36-601
ZONING
fi 36-601
Sec. 36-601 (1). Permitted U8es.
Agriculture as defined in this chapter.
Single-family detached dwellings.
Family care facilities.
Golf courses, not including accessory clubhouses,
golf driving ranges, pitch and putt or miniature
golf courses.
\
Churches, chapels, temples, synagogues, cathedrals
and shrines.
Schools: Primary, intermediate and secondary.
Parks and playgrounds.
Accessory and temporary uses and home occupa-
tions, as permitted by Article IV.
Signs, as permitted by Article IX.
Off-street parking and loading, as required by
Article X.
Sec. 36-601 (2). Conditional uses.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
1. Swimming clubs, tennis clubs and clubhouses acces-
sory to golf courses.
2. Public utility uses, as follows, provided that the
location is first approved by the planning com-
mission, and provided further, that a landscape
plan or screening plan, if necessary, is first ap-
proved by the planning commission:
(a). Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(e) Ambulance services.
3. YMCA, YWCA, and other similar uses, as defined
in this chapter.
4. Hospitals, sanitariums, rest homes, and nursing
homes.
5. Group care facilities.
6. Group day care centers.
Sec. 36-601 (3). Lot size requirements.
Supp. No. 24
1.
Minimum lot area: One acre.
1531
~ 36-601
SALINA CODE
~ 36-602
2. Minimum lot width: One hundred (100) feet.
3. Minimum lot depth: One hundred fifty (150) feet.
Sec. 36-601 (4). Hulk regulations.
1. Maximum structure height: Thirty-five (35) feet.
2. Yard requirements:
(a) Minimum front yard measured from center
line of street: Eighty (80) feet or measured
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) per cent. (Ord.
No. 8526, ~ 1, 12-13-76; Ord. No. 8664, ~ 2,9-25-78)
Sec. 36-602. R Single-Family Residential District.
The R District is designed to provide a single-family dwell-
ing zone at a density of not less than eight thousand five hun-
dred (8,500) square feet per dwelling unit.
Sec. 36-602(1). Permitted uses.
Agriculture, as defined in this chapter.
Single-family detached dwellings.
Family care facilities.
Golf courses, but not including accessory club-
houses, or golf driving ranges, pitch and putt or
miniature golf courses.
5. Churches, chapels, temples, synagogues, cathedrals
and shrines.
Parks and playgrounds.
Schools: Primary, intermediate and secondary.
Accessory and temporary uses and home occupa-
tions, as permitted by Article IV.
9. Signs, as permitted by Article IX.
10. Off-street parking and loading, as required by
Article X.
Supp. No. 24
1.
2.
3.
4.
6.
7.
8.
1532
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~ 36-602
ZONING
~ 36-602
e
Sec. 36-602(2). Conditional uses.
1. Swimming clubs, tennis clubs and clubhouses ac-
cessory to golf courses.
2. Public utility uses, as follows, provided that the
location is first approved by the planning commis-
sion, and provided further that a landscape plan
or screening plan, if necessary, is first approved
by the planning commission:
(a) Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(e) Water towers and standpipes.
(f) Ambulance services.
3. YMCA, YWCA and other similar uses, as defined
in this chapter.
4. Hospitals, sanitariums, rest homes, and nursing
homes.
5. Group care facilities.
6. Group day care centers.
e
Sec. 36-602(3). Lot size requirements.
1. Minimum lot area:
(a) ISingle-family detached dwellings: Eight thou-
sand five hundred (8,500) square feet.
(b) All other permitted and conditional uses: Fif-
teen 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.
Sec. 36-602(J,.). Bulk regulations.
1. Maximum structure height: Thirty-five (35) feet.
2. Yard requirements:
(a) Front yard:
(1) Property located adjacent to the follow-
ing various types of streets shall main-
1533
Supp. No. 24
~ 36-602
Supp. No. 24
SALINA CODE
~ 36-602
(b)
tain the following yard requirements re-
gardless of whether it is a front, side, or
rear yard, or any combination thereof:
(i) Residential street: Twenty-five (25)
feet from the property line or fifty-
five (55) feet from the center line,
whichever is greater.
(ii) Collector street: Twenty-five (25)
feet from the property line or sixty-
five (65) feet from the center line,
whichever is greater.
(iii) Arterial street: Twenty-five (25)
feet from the property line or sev-
enty-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 inter-
secting public street rights-of-way have
developed, any newly constructed single-
family dwelling may maintain the same
front yard setback of either adjacent ex-
isting 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.
(ii) 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.
Minimum side yards:
(1) Residential buildings: Seven and five-
tenths (7.5) feet on each side of the zon-
ing lot.
(2) All other permitted and conditional uses:
Fifteen (15) feet on each side of the zon-
1534
e
e
e
~ 36-602
ZONING
~ 36-603
ing lot, except accessory uses which shall
be permitted and governed by Article IV.
(c) Minimum rear yard: Thirty (30) feet.
3. Maximum lot coverage: Thirty (30) per cent. (Ord.
No. 8526, ~ 1, 12-13-76; Ord. No. 8664, ~ 3, 9-25-78;
Ord. No. 8703. ~ 1. 3-12-79)
See. 36-603. R-l Single-Family Residential District.
The R-1 District is designed to provide a dwelling zone at
a density of not less than six thousand (6,000) square feet per
dwelling unit.
Sec. 96-603(1). Permitted uses.
1. Single-family detached dwellings.
2. Family care facilities.
3. Golf courses, but not including accessory club-
houses, or golf driving ranges, pitch and putt or
miniature golf courses.
4. Churches, chapels, temples, synagogues, cathedrals
and shrines.
5. Parks and playgrounds.
6. Schools: Primary, intermediate and secondary.
7. Home occupations.
8. Accessory and temporary uses, as permitted by
Article IV.
9. Signs, as permitted by Article IX.
10. Off-street parking and loading, as required by
Article X.
Sec. 96.609(2). Conditional uses.
1. Swimming clubs, tennis clubs and clubhouses ac-
cessory to golf courses.
2. Group care facilities.
S. Group day care centers and nursery schools.
4. Public utility uses, as follows, provided that the
location is first approved by the planning com-
mission, and provided further, that a landscape
plan or screening plan, if necessary, is first ap-
proved by the planning commission:
(a) Substations.
Supp. No. 24
1535
fi 36-603
SALINA CODE
fi 36-603
(b) Gas regulator stations.
(e) Police and fire stations.
(d) Pumping stations.
(e) Water towers and standpipes.
(f) Ambulance services.
5. YMCA, YWCA and other similar uses, as defined
in this chapter.
6. Hospitals, rest homes, sanitariums, and nursing
homes, provided that they shall be screened from
adjacent residential property and shall be located
on an arterial street.
Sec. 86-603(3). Lot size requirements.
1. Minimum lot area:
(a) Single-family detached dwellings: Six thou-
sand (6,000) square feet.
(b) All other permitted and conditional uses: Fif-
teen 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.
Sec. 36-603(J,.). Bulk regulations.
1. Maximum structure height: Thirty-five (35) feet.
2. Yard requirements:
(a) Front yard:
(1) 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:
(i) Residential street: Twenty-five (25)
feet from the property line or fifty-
five (55) feet from the center line,
whichever is greater.
Supp. No. 24
1536
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~ 36-603
ZONING
~ 36-603
e
(ii) Collector street: Twenty-five (25)
feet from the property line or sixty-
five (65) feet from the center line,
whichever is greater.
(Hi) Arterial street: Twenty-five (25)
feet from the property line or sev-
enty-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 constructed
single-family dwelling 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.
(ii) 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: Seven and five-
tenths (7.5) feet on each side of the zon-
ing lot.
(2) All other permitted and conditional uses:
Twenty-five (25) feet on each side of the
zoning lot, except accessory uses which
shall be permitted and governed by Arti-
cle IV.
(c) Minimum rear yard: Twenty-five (25) per
cent of the depth of the lot but need not
exceed thirty (30) feet.
e
Supp. No. 24 1537
~ 36-603
SALINA CODE
~ 36-604
3. Maximum lot coverage: Thirty (30) per cent. (Ord.
No. 8526, g 1, 12-13-76; Ord. No. 8664, g 4, 9-
25-78; Ord. No. 8703. g2. 3-12-79)
See. 36-604. R-2 Multiple-Family Residential District.
The R-2 District is designed to provide for multiple-family
development at a minimum of three thousand (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.
Sec. 36-604(1). Permitted uses.
1. Single-family dwellings.
2. Two-family dwellings.
3. Multifamily dwellings.
4. Rooming and boardinghouses.
5. Family care facilities.
6. Churches, chapels, temples, synagogues, cathedrals
and shrines.
7. Parks and playgrounds.
8. Schools: Primary, intermediate and secondary.
9. Home occupations.
10. Accessory and temporary uses, as permitted by
Article IV.
11. Signs, as permitted by Article IX.
12. Off-street parking and loading, as required by
Article X.
13. Golf courses but not including accessory clubhouses
or commercial golf driving ranges, pitch and putt
or miniature golf courses.
Sec. 36-604(2). Conditional uses.
1.
Swimming clubs, tennis clubs and clubhouses ac-
cessory to golf courses.
Group care facilities.
Group day care centers and nursery schools.
Public utility uses, as follows, provided that the
location is first approved by the planning commis-
sion, and provided further, that a landscape plan
or screening plan, if necessary, is first approved by
the planning commission:
2.
3.
4.
Supp. No. 24
1538
(a) Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(e) Water towers and standpipes.
(f) Ambulance services.
YMCA, YWCA and other similar uses. as defined
in this chapter.
Hospitals, sanitariums, rest homes, and nursing
homes, provided that they shall be screened from
adjacent residential property and shall be located
on an arterial street.
Mortuaries and funeral homes.
Professional offices of doctors, dentists, attorneys,
accountants and other similar professions.
Armories.
Pharmacies when located in a medical or dental
office building, provided they can be entered only
from an interior lobby or hallway and that there
is no advertising or display visible from the exte-
rior of the structure.
Sec. 96-604(3). Lot size requirernents.
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~ 86-604
e
e
8.
Supp. No. 24
ZONING
~ 86-604
5.
6.
7.
8.
9.
10.
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 thousand
(6,000) square feet.
(d) Other permitted and conditional uses: Fifteen
thousand (15,000) square feet.
Minimum lot width:
(a) Single-family dwelling: Fifty (50) feet.
(b) Two-family dwelling: Fifty (50) feet.
(c) Multiple-family dwellings and other permitted
and conditional uses: Sixty (60) feet.
Minimum lot depth: One hundred (100) feet.
1539
2.
I 36-604
SALINA CODE
~ 36-604
Sec. 96-601,.(1,.). Bulk regulations.
1. Maximum structure height: Fifty (50) feet except
as provided in section 36~604 ( 4) 2. (b)( 3), below.
2. Yard requirements:
(a) Front yard: Property located adjacent to the
following various types of streets shall main-
tain the following yard requirements regard-
less 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, whichever is
greater.
(2) Collector street: Twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
(3) Arterial street: Twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, whichever
is greater.
(b) Minimum side yard:
(1) Residential buildings: Seven and five-
tenths (7.5) feet on each side of the zon-
ing lot, except that residential buildings
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 building 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 accessory uses
which shall be permitted and governed by
Article IV.
(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.
Supp. No. 24
1540
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e
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~ 36-604
ZONING
~ 36-604A
3.
Maximum lot coverage: Forty (40) per cent. (Ord.
No. 8526, ~ 1, 12-13-76; Ord. No. 8583, ~ 1, 8-8-77;
Ord. No. 8664, ~ 5, 9-25-78)
Sec. 36-604A. R-2.5 Multiple-Family Residential District.
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.
Sec. 36-604A(1). Permitted uses.
1. Single-family dwellings.
2. Two-family dwellings.
3. Multifamily dwellings.
4. Rooming and boarding houses.
5. Churches, chapels, temples, synagogues, cathedrals,
and shrines.
6. Family care facilities.
7. Group care facilities.
8. Parks and playgrounds.
9. Schools: Primary, intermediate and secondary.
10. Home occupations.
11. Accessory and temporary uses, as permitted by
Article IV.
12. Signs, as permitted by Article IX.
13. Off-street parking and loading, as required by
Article X.
14. Golf courses but not including accessory club-
houses or commercial golf driving ranges, pitch
and putt or miniature golf courses.
Sec. 36-604A(2). Conditional uses.
1. Swimming clubs, tennis clubs and clubhouses ac-
cessory to golf courses.
2. Group day care centers and nursery schools.
3. Public utility uses, as follows, provided that the
location is first approved by the planning commis-
sion, and provided further, that a landscape plan
or screening plan, if necessary, is first approved by
the planning commission:
Supp. No. 24 1541
~ 36-604A
Supp. No. 24
~ 36-604A
4.
SALINA CODE
(a) Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(e) Water towers and standpipes.
(f) Ambulance services.
YMCA, YWCA, and other similar uses, as defined
in this chapter.
Hospitals, sanitariums, rest homes, and nursing
homes, provided that they shall be screened from
adjacent residential property and shall be located
on an arterial street.
Mortuaries and funeral homes.
Professional offices of doctors, dentists, attorneys,
accountants and other similar professions.
Armories.
Multiple-family dwellings for elderly and/or handi-
capped persons with the following permitted ex-
ceptions 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 hundred
fifty (150) feet except as provided in sec-
J;ion 36-604A(2)9.(b) (2), below.
(2) Minimum yard requirements:
Front yard: Thirty (30) feet on all sides
abutting a street.
Side yard: Fifteen (15) feet except there
shall be an additional side yard set-
back of one foot for each two (2)
feet of height over fifty (50) feet.
Rear yard: Twenty-five (25) feet.
Pharmacies when located in a medical or dental
office building, provided they can be entered only
from an interior lobby or hallway and that there
is no advertising or display visible from the ex-
terior of the structure.
5.
6.
7.
8.
9.
10.
1542
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~ 36-604A
ZONING
~ 36-604A
Sec. 86-60J"A (3). Lot size requirements.
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 hun-
dred fifty (3,750) square feet per family.
(c) Multiple-family: Two thousand (2,000) square
feet per family but not less than six thousand
(6,000) square feet.
(d) Other permitted and conditional uses: Fifteen
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 permitted
and conditional uses: Sixty (60) feet.
3. Minimum lot depth: One hundred (100) feet.
Sec. 36.60J"A(J,,). Bulk regulations.
1. Maximum structure height: Seventy-five (75)
feet except as provided in section 36-604A2 (b) (3),
below.
2. Yard requirements:
(a) Front yard: Property located adjacent to the
following various types of streets shall main-
tain the following yard requirements regard-
less 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, whichever is
greater.
(2) Collector street: Twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
Supp. No. 24
1543
~ 36-604A
SALINA CODE
~ 36-605
(3) Arterial street: Twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, whichever
is greater.
(b) Minimum side yard:
(1) Residential buildings: Seven and five-
tenths (7.15) feet on each side of the zon-
ing lot, except that residential buildings
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 building 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 accessory uses
which shall be permitted and governed
by Article IV.
(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) per cent. (Ord.
No. 8584, ~ 1, 8-8-77; Ord. No. 8664, ~ 6, 9-25-78)
See. 36-605. R-3 Multiple-Family Residential District.
The R-3 District is designed to provide for multiple-family
development at a minimum of one thousand (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.
Sec. 36-605(1). Permitted uses.
1.
2.
3.
4.
5.
Single-family dwellings.
Two-family dwellings.
Multifamily dwellings.
Rooming and boardinghouses.
Churches, chapels, temples, synagogues, cathedrals,
and shrines.
Supp. No. 24
1544
Family care facilities.
Group care facilities.
Parks and playgrounds.
Schools: Primary, intermediate and secondary.
Home occupations.
Accessory and temporary uses, as permitted by
Article IV.
Signs, as permitted by Article IX.
Off-street parking and loading, as required by
Article X.
Golf courses but not including accessory clubhouses
or commercial golf driving ranges, pitch and putt
or miniature golf courses.
Sec. 36-605(2). Conditional uses.
e
~ 36-605
e
e
Supp. No. 24
ZONING
~ 36-605
6.
7.
8.
9.
10.
11.
12.
13.
14.
1. Swimming clubs, tennis clubs and clubhouses ac-
cessory to golf courses.
2. Group day care centers and nursery schools.
3. Public utility uses, as follows, provided that the
location is first approved by the planning commis-
sion, and provided further, that a landscape plan
or screening plan, if necessary, is first approved
by the planning commission:
(a) Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(e) Water towers and standpipes.
(f) Ambulance services.
4. YMCA, YWCA, and other similar uses, as defined
in this chapter.
5. Hospitals, sanitariums, rest homes, and nursing
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. Professional offices of doctors, dentists, attorneys,
accountants and other similar professions.
8. Armories.
1544.1
~ 36-605
SALINA CODE
~ 36-605
9. Multiple-family dwellings for elderly and/or handi-
capped persons with the following permitted excep-
tions 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 hundred
fifty (150) feet except as provided in sec-
tion 36-605(2)9.(b) (2), below.
(2) Minimum yard requirements:
a. Front yard: Thirty (30) feet on all
sides abutting a street.
b. 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.
c. Rear yard: Twenty-five (25) feet.
10. Pharmacies when located in a medical or dental
office building, provided they can be entered only
from an interior lobby or hallway and that there
is no advertising or display visible from the exte-
rior of the structure.
Sec. 36-605(3). Lot size requi'rements.
Supp. No. 24
1.
Minimum lot area:
(a) Single-family detached dwellings: Six thou-
sand (6,000) square feet.
(b) Single-family attached or two-family dwellings
not less than three thousand seven hundred
fifty (3,750) square feet per family.
(c) Multifamily: One thousand (1,000) square feet
per family but not less than six thousand
(6,000) square feet.
(d) Other permitted and conditional uses: Fifteen
thousand (15,000) square feet.
Minimum lot width:
(a) Single-family dwelling: Fifty (50) feet.
(b) Two-family dwelling: Fifty (50) feet.
(c) Multiple-family dwellings and other permitted
and conditional uses: Sixty (60) feet.
1544.2
2.
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~ 36-605
ZONING
~ 36-605
3. Minimum lot depth: One hundred (100) feet.
Sec. 36-605(4). Bulk regulations.
e
e
Supp. No. 24
1.
Maximum structure height: Seventy-five (75) feet
except as provided in section 36-605(4)2.(b)(3),
below.
1:ard requirements:
(a) Front yard: Property located adjacent to the
following various types of streets shall main-
tain the following yard requirements regard-
less 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, whichever is
greater.
(2) Collector street: Twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
(3) Arterial street: Twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, whichever
is greater.
(b) Minimum side yard:
(1) Residential buildings: Seven and five-
tenths (7.5) feet on each side of the zon-
ing lot, except that residential buildings
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 building 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 accessory uses
which shall be permitted and governed by
Article IV.
2.
1544.3
~ 36-605
SALINA CODE
~ 36-606
(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) per cent. (Ord.
No. 8526, ~ 1, 12-13-76; Ord. No. 8664, ~ 7, 9-25-78)
Sec. 36-606. MH Mobile Home Park District.
The MH District is designed to provide a district in which
the density of development will remain relatively low. Individ-
ual mobile homes will not be allowed on individual zoning lots.
No mobile home park shall be permitted, except when served
by an approved sanitary sewer and water supply system.
Sec. 36-606(1). Permitted uses.
1. Mobile home parks.
2. Customary accessory uses, such as laundry facili-
ties, manager's office, clubhouse, community build-
ings, etc.
3. Churches, chapels, temples, synagogues, cathedrals
and shrines.
4. Parks and playgrounds.
5. Schools: Primary, intermediate, and secondary.
Sec. 36-606(2). Conditional uses.
1. Campgrounds, subject to the regulations specified
in section 36-606(3)2. and 3. below.
Sec. 36-606(3). Use regulations.
1. The applicant for a mobile home park shall pre-
pare, or cause to be prepared, a mobile home park
plan, which shall accompany the application for
amendment to the MH District. Said plan shall be
drawn to scale of not less than one inch equals one
hundred (100) feet, and two (2) copies of the plan
shaH accompany the application. Such plans shall
comply with the following minimum requirements:
(a) The tract to be used for a mobile home park
shall not be less than two (2) acres in area,
Supp. No. 24
1544.4
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~ 36-606
ZONING
~ 36-606
(b)
unless it is an extension or addition to an ex-
isting park, and shall be permitted only when
served by a sanitary sewer and water supply
system approved in accordance with city health
regulations.
A mobile home park shall not be used for
other than residential purposes.
Contours shall be indicated on the plan.
The park shall be located on a well-drained
site, properly graded to insure rapid drainage
and freedom from stagnant pools of water.
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.
Each mobile home park shall devote a mini-
mum 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 recreational or
open areas shall not be less than three thou-
(c)
(d)
(e)
(f)
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Supp. No. 24
1544.5
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S 36-606
ZONING
S 36-606
(h)
sand five hundred (3,500) square feet and re-
quired sethacks, roadways, rights-of-way, and
off-street parking spaces shall not be consid-
ered as recreational or open areas. A minimum
of fifty (50) per cent of the separate recrea-
tional or open 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
provided by the time the project is seventy-
five (75) per cent developed.
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.
All structures shall maintain the following
minimum setbacks:
(1) Residential or private streets: Twenty-
five (25) feet from the property line or
fifty-five (55) feet from the center line,
whichever is greater.
(2) Collector street: Twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
(3) Arterial street: Twenty-five (25) feet
from the property line or seventy-five (75)
feet from the center line, whichever is
greater.
(4) "MH" District boundary: Fifty (50) feet
from the boundary of any other zoning
district unless:
(i) The boundary is common to a public
street, in which case the setbacks
specified in section 36-606 (3) 1. (h)
(1), (2), and (3), above shall apply;
or unless
(ii) Sight obscuring screening of not less
than six (6) feet in height is pro-
(g)
e
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Supp. No. 22
1545
S 36-606
Supp. No. 22
SALINA CODE
~ 36-606
2.
vided along the district boundary, in
which case a setback of twenty-five
(25) feet is required.
(i) All mobile homes shall be located so as to
maintain a clearance of not less than twenty
(20) feet from another mobile home or appur-
tenance thereto, except when placed end-to-end
there shall be a minimum separation of twelve
(12) feet. No mobile home shall be located
closer than twenty-five (25) feet from any
huilding within the park, other than accessory
buildings located on the same space.
(j) 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 mini-
mum improved width shall be increased to
thirty-two (32) feet.
(k) All roadways shall be surfaced with asphalt,
concrete, rock, gravel, or suitable substitute
and adequately lighted.
(I) All weather-surfaced walks shall be provided
between required parking areas and the struc-
ture each area serves.
(m) 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.
(n) Structures shall not exceed thirty-five (35)
feet in height.
The applicant for a campground shall prepare or
cause to he prepared a preliminary campground
plan, drawn to a scale of not less than one inch
equals one hundred (100) feet, and three (3) copies
of said plan shall he submitted to the board of
zoning appeals for its review and recommendations.
Such plans shall comply with the following mini-
mum requirements:
1546
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~ 36-606
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Supp. No. 22
ZONING
~ 36-606
(a)
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 sani-
tary sewer and water supply system approved
in accordance with city health regulations.
Campgrounds shall under no circumstances be
utilized for the occupancy of mobile homes.
COl\tours shall be indicated on the plan.
The campground shall be located on a well-
drained site, properly graded, where necessary,
to insure rapid drainage and freedom from
stagnant pools of water.
Sight obscuring screening of not less than six
(6) feet in height shall be provided between
the campground and any other use or zoning
district other than "A-1". The suitability of
said screening shall be determined by the
board of zoning appeals.
A minimum setback of fifty (50) feet must be
maintained along all boundaries of the camp-
ground unless the boundary is common to a
public street.
Service buildings shall be provided at the rate
of one for each one hundred (100) camping
spaces. Each service building shall:
(1) Be located in a reasonably central location
within the campground.
(2) Be of permanent construction.
(3) Have one flush-type toilet, one lavatory,
and one shower or bathtub for females;
and one flush-type toilet, one lavatory,
and one shower or bathtub for males for
each thirty (30) camping spaces. All lava-
tories, bathtubs, and showers shall be
connected with both hot and cold running
water.
(4) Have an accessible, adequate, safe and
potable supply of cold water.
(b)
(c)
(d)
(e)
(f)
(g)
1547
~ 36-606
SALINA CODE
~ 36-606
(5) Comply with all applicable chapters of the
huilding code regarding the construction
of buildings and the installation of elec-
trical, plumbing, heating, and air condi-
tioning systems.
(6) Be maintained in a clean, sanitary condi-
tion and kept free of any condition that
will menace the health of any occupants
or the public or will constitute a menace.
(h) Vented storm shelters shall be provided in a
central or other convenient location at the rate
of twelve (12) square feet per designed or
intended camping space.
(i) Structures shall not exceed thirty-five (35)
feet in height.
3. 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 secretary
of the board of zoning appeals. Upon determina-
tion by the secretary that the final campground
plan accurately reflects the desires of the board of
zoning appeals, an approved copy shall be for-
warded, within seven (7) days to the zoning admin-
istrator, who may issue the required permits upon
proper application.
Sec. 36-606(4). Compliance. The mobile home park or camp-
ground shall be in compliance with these regulations
and all other applicable regulations of the city or the
State of Kansas.
Sec. 86-606(5). Unused mobile home park. Whenever a prop-
erty, zoned "MH", ceases to be used for such purposes
for a period of two (2) years, the planning commission
may initiate action and hold a public hearing to rezone
said property back to a more appropriate zoning dis-
trict. (Ord. No. 8526, S 1, 12-13-76)
Supp. No. 22
1548
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~ 36-607
ZONING
~ 36-607
Sec. 36-607. U University District.
The U District is a zone that is designed to be used sepa-
rately as a district zone or in combination with anyone or
more of the residential districts. The two (2) principal func-
tions of this district are: (1) To give the university-oriented
functions more flexibility than they would have if located in
a residential district; (2) to permit the establishment of the
types of uses which ordinarily cluster about a university, but
which are not located on university property.
Sec. 36-607(1). Permitted uses.
1. Art galleries, libraries, and museums.
2. Colleges, universities and theological schools, in-
cluding their buildings owned or leased for admin-
istrative and faculty offices, classrooms, labora-
tories, chapels, auditoriums, lecture halls, libraries,
student and faculty centers, athletic facilities and
dormitories.
3. Fraternities and sororities.
4. Schools: Elementary, intermediate and secondary.
5. Lodging and boardinghouses.
6. Fraternal and service clubs, as defined.
7. Offices, meeting rooms, laboratories and other
facilities for educational, fraternal, professional,
religious and statistical research organizations and
institutions.
8. Parking lots for passenger automobiles, accessory
to uses permitted in the University District.
Sec. 36-607(2). Conditional uses.
1. Private or public parking lots or garages operated
for profit or not for profit, provided that there
shall not be any accessory or permitted 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 land-
scape plan or screening plan which has first been
approved by the planning commission.
Supp. No. 22
1549
~ 36-607
SALINA CODE
~ 36-607'
2. No other conditional uses are permitted, except
such conditional uses as could otherwise be allowed
in any residential district with which this district
is combined.
Sec. 36-607(3). Lot size requirements.
1. Minimum lot area:
(a) Colleges, universities and theological school
structures: No minimum requirement.
(b) Structures providing lodging rooms for un-
married 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 Uni-
versity District is combined.
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 Uni-
versity 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 Uni-
versity District is combined.
Sec. 36-607(4). Bulk regulations.
1. When the University District regulations are ap-
plied 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 he reduced to eight
(8) feet for parking garages.
Supp. No. 22 1550
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~ 36-607
ZONING
~ 36-608
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 sepa-
rate zoning district, then the following bulk regu-
lations shall apply:
(a) Maximum lot coverage: Thirty (30) per cent.
(b) Minimum setback: Fifty (50) feet from each
public street and from each lot line that ad-
joins property in any other zoning district.
(c) Maximum structure height: No limitations.
(Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-608. C-l Restricted Business District.
The C-l District is designed to provide for a restricted com-
mercial alternative to multiple-family development adjacent to
arterial streets and highways, and at the same time avoid the
typical strip commercial development. To achieve this end, a
very limited number of nonretail businesses are permitted.
Sec. 96-608(1). Permitted uses.
e
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Supp. No. 24
1.
Business and professional offices, provided that
any warehouse or storage space associated with
such offices shall not exceed fifty (50) per cent
of the gross floor area of the principal structure.
Medical and dental clinics, and guidance centers.
Mortuaries and funeral homes.
The following uses would be permitted when lo-
cated in an office 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.
2.
3.
4.
1551
~ 36-608
SALINA CODE
~ 36-608
5. Offices for ministers, rabbis, priests, etc.
6. Office facilities for salesmen, sales representatives,
or manufacturer's representative, when no retail,
wholesale, or exchange of goods is made or trans-
acted on the premises.
7. Public utility uses, including substations and am-
bulance services.
8. Studios or offices for artists, sculptors, authors,
composers, photographers, or other similar uses.
9. YMCA, YWCA, and other similar organizations.
10. Signs, as permitted by Article IX.
11. Accessory and temporary uses, as permitted by
Article IV.
12. Off-street parking and loading as required by Arti-
cle X.
Sec. 36-608(2). Conditional uses.
1. Mail-order houses.
2. Research laboratories (limited to research such as
medical research, statistical research, etc.).
3. All permitted uses in the R-3 District, provided
that they shall be governed by the requirements
of the R-3 District.
4. Multiple-family dwellings for elderly and/or hand-
icapped persons with the following permitted
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 hundred
fifty (150) feet except as provided in sec-
tion 36-608(2)4.(b) (2), below.
(2) Minimum yard requirements:
a. Front yard: Thirty (30) feet on all
sides abutting a street.
b. 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.
c. Rear yard: Twenty-five (25) feet.
1552
Supp. No. 24
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~ 36-608
ZONING
~ 36-608
(3) Maximum lot coverage: Forty (40) per
cent.
5. Small animal hospitals, providing that such facility
is completely enclosed and that no odor or noise is
discernible outside the structure.
6. Banks and financial institutions.
Sec. 96-608(3). Lot size requirements.
1. Minimum lot width: Seventy-five (75) feet.
2. Minimum lot depth: One hundred (100) feet.
Sec. 96-608(4). Bulk regulations.
1. Maximum structure height: Thirty (30) feet, ex-
cept multiple-family development which shall be
governed by the regulations for the R-3 Residential
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 main-
tain the following yard requirements regard-
less 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, whichever is
greater.
(2) Collector street: Twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
(3) Arterial street: Twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, whichever
is greater.
(b) Minimum side yard: Eight (8) feet on each
side.
(c) Minimum rear yard: Twenty-five (25) feet.
3. Maximum lot coverage: Thirty (30) per cent.
Supp. No. 24
1553
~ 36-608
SALINA CODE
~ 36-609
Sec. 36-608 (5) . Use limitations.
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 visi-
hIe 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 associated
with the uses permitted in this district shall not
be permitted in any required front yard. (.Ord. No.
8526, 9 1, 12-13-76; Ord. No. 8664, 9 8, 9-25-78)
See. 36-609. C-2 Neighborhood Shopping District.
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 residential neighborhoods.
Sec. 36-609(1). Permitted uses.
Apparel stores.
Banks and financial institutions.
Barbershops.
Beauty shops.
Bicycle shops.
Business and professional offices.
Dry cleaning and laundry receiving stations where
no processing or cleaning of clothing is done on
the premises.
8. Food stores, including grocery stores, meat mar-
kets, bakeries and delicatessens.
9. Florist shops.
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.
Supp. No. 24
1.
2.
3.
4.
5.
6.
7.
1554
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e
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~ 36-609
ZONING
~ 36-609
15. Pharmacies.
16. Public utility uses including substations and am-
bulance services.
17. Restaurants, other than drive-in establishments.
18. Self-service laundry and dry cleaning establish-
ments.
19. YMCA, YWCA, and other similar organizations.
20. Any other similar retail business not specifically
listed in any section is permitted if it complies
with the conditions and restrictions contained in
section 36-609 (5) .
21. Accessory and temporary uses, as permitted by
Article IV.
22. Signs, as permitted by Article IX.
23. Off-street parking and loading, as required by
Article X.
Sec. 96-609(2). Conditional uses.
Supp. No. 24
1.
2.
Bus stations.
Telephone exchanges and telephone transmission
equipment structures.
Gasoline service stations and tire, battery and auto-
mobile accessory stores, only if the design of the
entrance and exit drives to such service stations or
stores will not create hazards for vehicular or
pedestrian traffic or congestion in adjacent streets.
Taverns.
Multiple-family dwellings provided they shall be
govel"ned by the R-3 Multiple-Family Residential
District requirements. Such requirements shall in-
clude 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 shaH be one additional foot
of setback for each two (2) feet of height over
thirty-five (35) feet.
Research laboratories.
Small animal hospitals, providing that such facility
is completely enclosed and that no odor or noise is
discernible outside the structure.
3.
4.
5.
6.
7.
1555
~ 36-609
SALINA CODE
S 36-609
Sec. 96-609(3). Lot size requirements.
1. Minimum lot width: Seventy-five (75) feet.
2. Minimum lot depth: One hundred (100) feet.
3. Minimum zoning area: One acre, unless contiguous
to or within two hundred (200) feet of a similar
zoning district. The minimum zoning area may not
be varied by more than ten (10) per cent.
Sec. 96-609(4). Bulk regulations.
Supp. No. 24
1.
2.
Maximum structure height: Fifty (50) feet.
Yard requiren;tents:
(a) Front yard: Property located adjacent to the
following various types of streets shall main-
tain the following yard requirements regard-
less 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, whichever is
greater.
(2) Collector street: Twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
(3) Arterial street: Twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, whichever
is greater.
(b) Side yard: None required, except when a side
yard in this district abuts a residential district
a side yard of fifteen (15) feet shall be pro-
vided.
(c) Rear yard: None required, except when a rear
yard in this district abuts a residential district
a rear yard of fifteen (15) feet shall be pro-
vided.
Maximum lot coverage: Thirty-five (35) per cent.
3.
1556
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~ 36-609
ZONING
~ 36-610
Sec. 36-609(5). Use limitations.
1. All business establishments shall be retail or serv-
ice establishments dealing directly with consumers.
All goods produced on the premises 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 equivalent to not more
than five (5) per cent 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 prop-
erty lines that abut a residential district.
5. No individual business establishment shall occupy
more than twenty-five thousand (25,000) square
feet of floor space. (Ord. No. 8526, ~ 1, 12-13-76;
Ord. No. 8664, ~ 9, 9-25-78)
See. 36-610. C-3 Shopping Center District.
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 primarily consist of specialty shops and stores.
Sec. 36-610(1). Permitted uses.
1. Antique shops.
2. Apparel stores.
3. Appliance stores.
4. Auditoriums and community theatres.
5. Banks and financial institutions.
6. Barbershops.
7. Beauty shops.
8. Bicycle shops.
9. Blueprinting and photostating establishments.
10. Bookstores.
11. Business and professional offices.
12. Camera and photographic supply stores.
Supp. No. 24 1557
Carpet and rug stores.
China and glassware stores.
Department stores.
Dry cleaning establishments.
Drygoods stores.
Florist shops.
Food stores, including grocery stores, meat mar-
kets, bakeries, and delicatessens.
20. Furniture stores.
21. Furrier shops, including the incidental storage and
conditioning of furs.
Gasoline service stations.
Gift shops.
Governmental buildings.
Hardware stores.
Hobby shops.
Hotels and motels.
Interior decorating shops, including upholstering,
making of draperies, slipcovers and other similar
articles which are conducted as a part of, or sec-
ondary to, a retail operation.
Jewelry stores.
Leather goods and luggage stores.
Mail-order houses.
Medical and dental clinics, and guidance centers.
Mortuaries and funeral homes.
Music stores, and musical instrument sales and re-
pair.
Newsstands.
Optical sales.
Package liquor stores.
Paint and wallpaper stores.
Pet grooming shops.
Pet stores.
Pharmacies.
Printing plants.
Public utility uses including substations and am-
bulance services.
44. Research laboratories.
45. Restaurants, other than drive-in establishments.
Supp. No. 24
~ 36-610
SALINA CODE
~ 36-610
13.
14.
15.
16.
17.
18.
19.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
1558
46. Physical and health services such as private gym_
nasiums and reducing salons.
47. Private clubs (clubs and organizations, and frater-
nal and service clubs as defined only).
Radio and television broadcasting stations.
Recording studios.
Restricted production and repair limited to the
following: Alteration and custom tailoring of cloth-
ing for retail sale only; jewelry from precious
metal; watches; dentures; optical lenses ; and other
similar activities.
51. Schools: Music, dance or business.
52. Self-service laundry and dry cleaning establish-
ments.
53. Small animal hospitals, providing that such facility
is completely enclosed and that no odor or noise is'
discernible outside the structure.
Sporting goods stores.
Tailors.
Telephone exchanges and telephone transmission
equipment structures.
Theatres, indoor only.
Travel bureaus and transportation ticket offices.
Variety stores.
Any other similar retail business not specifically
listed is permitted if it complies with the conditions
and the restrictions contained in section 36-610(5).
61. Accessory and temporary uses, as permitted by
Article IV.
62. Signs, as permitted by Article IX.
63. Off-street parking and loading, as required by
Article X.
Sec. 36-610(2). Conditional uses.
1. Multiple-family dwellings provided they shall be
governed by the R-3 Multiple-Family Residential
District requirements. Such requirements shall in-
clude consideration of density, yards, off-street
parking, lot coverage and all other requirements
for multifamily development as required in the R-3
Supp. No. 23
e
~ 36-610
e
e
ZONING
~ 36-610
48.
49.
50.
54.
55.
56.
57.
58.
59.
60.
1559
~ 36-610
SALINA CODE
~ 36-610
Residential District, except that there shall be one
additional foot of setback for each two (2) feet of
height over thirty-five (35) feet.
2. Taverns.
3. Contractor's office.
4. Multiple-family dwellings for elderly and/or handi-
capped persons with the following permitted excep-
tions 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 hundred
fifty (150) feet except as provided in sec-
tion 36-610(2)4.(b) (2) below.
(2) Minimum yard requirements:
a. Front yard: Thirty (30) feet on all
sides abutting a street.
b. 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.
c. Rear yard: Twenty-five (25) feet.
(3) Maximum lot coverage: Forty (40) per
cent.
5. Bus stations.
6. Mini,.warehouses.
Sec. 36-610(3). Lot size requirements. No minimum, but zon-
ing district must be a minimum of one acre, unless
contiguous 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.
Sec. 36-610(4). Bulk regulations.
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 main-
tain the following yard requirements regard-
Supp. No. 23
1560
e
~ 36-610
ZONING
~ 36-610
less 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, whichever is
greater.
(2) Collector street: Twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
(3) Arterial street: Twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, whichever
is greater.
Side yard: None required, except when a side
yard abuts a residential district there shall be
a setback of fifteen (15) feet.
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.
(b)
(c)
e
Sec. 36-610(5). Use limitations.
1. All business establishments shall be retail or serv-
ice establishments dealing directly with the con-
sumer. All goods produced on the premises 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 premises 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. A sight-obscuring screening of not less than six
(6) feet in height shall be provided along all prop-
e
Supp. No. 24
1561
~ 36-610
SALINA CODE
~ 36-611
erty lines that abut a residential district. (Ord.
No. 8526, ~ 1, 12-13-76; Ord. No. 8630, ~ 1,3-27-78;
Ord. No. 8664, ~ 10, 9-25-78)
Sec. 36.611. C-4 Central Business District.
The C-4 District is designed to provide a district for a broad
range of retail shopping facilities.
Sec. 96-611 (1). Permitted uses.
1. Antique shops.
2. Auditoriums and community theatres.
3. Automobile sales, rental, and service.
4. Auto parts stores.
5. Apparel stores.
6. Appliance stores.
7. Art galleries, libraries, and museums.
8. Banks and financial institutions.
9. Barbershops.
10. Beauty shops.
11. Bicycle shops.
12. Bookstores.
13. Blueprinting and photostating establishments.
14. Bus stations.
15. Business and professional offices.
16. Camera and photographic supply stores.
17. Carpet and rug stores.
18. China ann glassware stores.
19. Contractor's office.
20. Department stores.
21. Dry cleaning establishments.
22. Drygoods stores.
23. Electrical contractors.
24. Electronic parts and supplies.
25. Florist shops.
26. Food stores, including grocery stores, meat mar-
kets, bakeries, and delicatessens.
27. Fraternal and service cluhs.
28. Furniture stores.
29. Furrier shops, including the incidental storage and
conditioning of furs.
Supp. No. 24 1562
e
~ 36-611
e
e
62.
Supp. No. 24
ZONING
~ 36-611
30.
31.
32.
33.
34.
35.
Gasoline service stations.
Gift shops.
Governmental buildings.
Hardware stores.
Hobby shops.
Hospitals, sanitariums, rest homes, and nursing
homes, providing that parking is provided in ac-
cordance with section 36-1002.
Hotels and motels.
Interior decorating shops, including upholstering,
making of draperies, slipcovers and other similar
articles which are conducted as a part of, and
secondary to, a retail operation.
Jewelry stores.
Leather goods and luggage stores.
Mail-order houses.
Mechanical contractors.
Medical and dental clinics, and guidance centers.
Mini-warehouses.
Mortuaries and funeral homes.
Music stores and musical instrument sales.
Newspaper offices and printing.
Newsstands.
Office equipment and supply.
Optical sales.
Package liquor stores.
Paint and wallpaper stores.
Parking garages and lots.
Pawnshops.
Pest control and exterminators.
Pet grooming shops.
Pet stores.
Pharmacies.
Physical and health services such as private gym-
nasiums and reducing salons.
Private clubs.
Printing plants.
Public utility uses including substations and am-
bulance services.
Radio and television broadcasting stations.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
1663
fi 36-611
SALINA CODE
fi 36-611
63. Radio and television repair shops.
64. Recording studios.
65. Restaurants, other than drive-in establishments.
,66. Restricted production and repair limited to the fol-
lowing: Alteration and custom tailoring of clothing
for retail sale only; jewelry from precious metal;
watches; dentures; optical lenses ; and other similar
activities.
67. Schools: Music, dance or business.
68. Self-service laundry and dry cleaning establish-
ments.
69. Shoe repair shops.
70. Small animal hospitals, providing that such facility
is completely enclosed and that no odor or noise is
discernible outside the structure.
71. Sporting goods stores.
72. Tailor shops.
73. Taverns.
74. Telephone exchanges and telephone transmission
equipment structures.
75. Theatres, indoor only.
76. Travel bureaus and transportation ticket off~es.
77. YMCA, YWCA, and other similar organizations,
78. Variety stores.
79. Any other similar retail business not specifically
listed is permitted if it complies with the condi-
tions and the restrictions contained in section 36-
611 (5).
80. Accessory and temporary uses, as permitted by
Article IV.
81. Signs, as permitted by Article IX.
82. Off-street parking and loading, as required by Arti-
cleX.
Sec. 36-611 (2). Conditio1W1 uses.
1. Multiple-family dwellings, provided that such de-
velopment shall comply with the &..3 Multiple-
Family Residential District requirements for multi-
ple-family dwellings.
Supp. No. 24
1564
e
e
e
t 36-611
ZONING
~ 36-611
2. Multiple-family dwellings for elderly and/or handi-
capped persons with the following permitted ex-
ceptions 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 limita-
tions.
(2) Minimum yard requirements:
a. Front yard: Thirty (30) feet on all
sides abutting a street.
b. 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.
c. Rear yard: Twenty-five (25) feet.
(3) Maximum lot coverage: Forty (40) per
cent.
3. Storage in bulk of, or warehouse for such materials
as: Clothing, drugs, dry goods, food, furniture,
glass, groceries, hardware, household goods, liquor
or alcoholic beverages, lubricating oil, millinery,
paint, paint materials, pipe, rubber, shop supplies,
tobacco, turpentine, and varnish.
4. Testing and research laboratories.
5. Wholesale office and sample rooms.
Sec. 36-611 (3). Lot size requirements. No minimum require-
ments.
Sec. 36-611 (4). Bulk regulations.
1.
2.
Maximum structure height: No limitations.
Yard requirements:
(a) Front yard: None. ~
(b) Side yard: None required, except as provided
below.
(c) Rear yard: None required, except as provided
below.
(d) Where any side and/or rear yard abuts a resi-
dential district, a landscaped side and/or rear
Supp. No. 24
1565
I 36-611
SALINA CODE
~ 36-612
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) per
cent.
Sec. 96-611 (5). Use limitations.
1. All business establishments shall be retail or service
establishments dealing directly with consumers. All
goods produced on the premises shall be sold at
retail on the premises where produced. No produets
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 premises 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. (Ord.
No. 8526, ~ 1, 12-13-76; Ord. No. 8630, ~ 2, 3-27-78;
Ord. No. 8664, ~ 11, 9-25-78)
See. 36-612. C-5 Service Commercial District.
The C-S District is designed for those business and commer-
cial uses which draw their customers from motorists on the
hia-hway, or for whom a location on a highway or arterial
street is especially useful or necessary. Although some of the
typical retail uses are permitted in other commercial districts,
most of these permitted in this district would not blend well
into a prime retail area.
Sec. 96-612(1). Permitted uses.
1.
2.
3.
Supp. No. 24
Ambulance services.
Automobile rental, sales and service.
Automotive parts, wholesale.
1566
e
~ 36-612
e
e
ZONING
~ 36-612
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
16.
17.
Automotive sales, service and parts.
Banks and financial institutions.
Barbershops.
Beauty shops.
Bicycle shops.
Boat sales, rental and service.
Bonding agencies.
Bowling alleys.
Business and professional offices.
Car washes.
Carpet and rug stores.
Commercial off-street parking as a principal use.
Contractor's office.
Equipment sales and rental, not including heavy
equipment type such as bulldozers and cranes.
Food stores and delicatessens.
Furniture stores.
Garden stores, greenhouses and nurseries.
Gasoline service stations.
Gift and souvenir shops.
Hardware stores.
Motels and hotels.
Package liquor stores.
Paint and wallpaper stores.
Pawnshops.
Pest control and exterminators.
Pharmacies.
Pitch and putt, and miniature golf.
Printing plants.
Private clubs.
Public utility uses including substations.
Recreational vehicle rental, sales and service.
Restaurants, including drive-in establishments,
serving food or beverages to customers for con-
sumption on the premises or in parked motor vehi-
cles.
Self-service laundry and dry cleaning establish-
ments.
Service and fraternal clubs and lodges.
18.
19.
20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3l.
32.
33.
34.
35.
36.
37.
Supp. No. 23, Rev.
1567
~ 36-612
SALINA CODE
fi 36-612
38. Small animal hospitals, providing that such facil-
ity is completely enclosed and that no odor or noise
is discernible outside the structure.
39. Sporting goods stores.
40. Truck sales and service.
41. Variety stores.
42. YMCA, YWCA, and other similar organizations.
43. Any other similar uses not specifically listed are
permitted if they comply with the conditions and
restrictions contained in section 36-612(5).
44. Accessory and temporary uses, as permitted by
Article IV.
45. Signs, as permitted by Article IX.
46. Off-street parking and loading, as required by
Article X.
Sec. 36-612(2). Conditw1ULl u.';es.
1. Telephone exchanges and telephone transmission
equipment structures.
2. Outdoor theatres.
3. Animal hospitals, provided that all pens shall be
in an enclosed structure.
4. Amusement parks and skating rinks.
5. Taverns.
6. Lumber yards.
7. Mini-warehouses.
Sec. 36-612(3). Lot size requirements.
1. Minimum lot width: Seventy-five (75) feet.
2. Minimum lot depth: One hundred (100) feet.
Sec. 36-612(4). Bulk regulations.
1. Maximum structure height: Forty (40) feet.
2. Yard requirements:
(a) Minimum front yard: Property located adja-
cent to the various types of streets shall main-
tain the following yard requirements regard-
less of whether it is a front, side, rear or any
combination thereof:
Supp. No. 23, Rev.
1668
e
e
e
I 36-612
ZONING
~ 36-612
(1) Residential street: Twenty-five (25) feet
from the property line or fifty-five (55)
feet from the center line, whichever is
greater.
(2) Collector street: Twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
(3) Arterial street: Twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, whichever
is greater.
(b) No side or rear yard setback shall be required
other than under the conditions specified in
section 36-612 (4) 2. (a) above, except that when
located adjacent to property in a residential
district there shall be a setback of ten (10)
feet.
(c) Each motel and hotel shall have a minimum
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) per cent.
Sec. 36-612(5). Use limitations.
1. No structure shall be used for residential purposes
except for the use of the owner or operator of the
business located on the premises and except that
accommodation may be offered to transient public
by motels and hotels.
Supp. No. 23
1569
~ 36-612
SALINA CODE
~ 36-613
2. All outdoor storage and vehicles in operating con-
dition and off-street parking and loading spaces
shall be enclosed by screening as provided in sec-
tion 36-612(4)2.(e). Off-street parking and loading
spaces and the storage of automobiles and other
motor vehicles in operating condition shall be so
enclosed when such use abuts on a residential dis-
trict 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 serv-
ice establishments dealing directly with consumers,
except wholesale when permitted as a conditional
use. All goods p,roduced on the premises shall be
sold on the premises where produced.
4. Exterior lighting fixtures shall be shaded wherever
necessary to avoid casting direct light on any prop-
erty located in a residential district.
5. Drive-in establishments offering food or services
directly to customers waiting in parked motor vehi-
cles shall screen the space allocated for customers
and motor vehicles in the same manner as is r.e-
quired in section 36-612(5)2., above. (Ord. No.
8526, ~ 1, 12-13-76; Ord. No. 8630, ~ 3, 3-27-78)
See. 36-613. C-6 Heavy Commercial District.
The C-6 District is designed for commercial uses which deal
with the sale and/or service of heavy equipment or products.
Sec. 36-613(1). Permitted uses.
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.
Supp. No. 23
1570
e
e
.
~ 36-613
ZONING
~ 36-613
10. Automobile and truck sales and rental, including
accessory repair and painting operations and facil-
ities, provided that all such operations or facilities
shaH comply with all the use limitations in section
36-613(5).
11. Automotive parts, wholesale.
12. Automotive sales, service, and parts.
13. Banks and financial institutions.
14. Barbershops.
15. Beauty shops.
16. Bicycle shops.
17.. Boat sales, rental, and service.
18. Bonding agencies.
19. Bookstores.
20. Blueprinting and photostating establishments.
21. Bowling alleys.
22. Business and professional offices.
23. Camera and photographic supply stores.
24. Car washes.
25. Carpet and rug stores.
26. China and glassware stores.
27. Commercial off-street parking as a principal use.
28. Contractor's office.
29. Department stores.
30. Dry cleaning establishments.
31. Drygoods stores.
32. Electrical contractors.
33. Electronic parts and supplies.
34. Equipment sales and rental.
35. Florist shops.
36. Food stores and delicatessens.
37. Fraternal and service clubs.
38. Furniture stores.
39. Furrier shops.
40. Garden stores, greenhouses and nurseries.
41. Gasoline service stations.
42. Gift and souvenir shops.
43. Governmental buildings.
44. Hardware stores.
45. Hobby shops.
Supp. No. 23
1571
~ 36-613
Supp. No. 23
SALINA CODE
~ 36-613
46.
Hospitals, sanitariums, rest homes, and nursing
homes.
Hotels and motels.
Interior decorating shops, including upholstering,
making of draperies, slipcovers and other similar
articles.
Jewelry stores.
Leather and luggage stores.
Lumber yards.
Mail-order houses.
Mechanical contractors.
Medical and dental clinics, and guidance centers.
Mini-warehouses.
Mobile home and trailer sales and rental, but not
including the use of any mobile home as a resi-
dence.
Mortuaries and funeral homes.
Music stores and musical instrument sales.
Newspaper offices and printing.
Newsstands.
Office equipment and supply.
Optical sales.
Package liquor stores.
Paint and wallpaper stores.
Parking garages and lots.
Pawnshops.
Pest control and exterminators.
Pet grooming shops.
Pet stores.
Pharmacies.
Physical and health services.
Private clubs.
Printing plants.
Public utility uses, including substations.
Radio and television broadcasting stations.
Radio and television repair shops.
Recording studios.
Recreational vehicle rental, sales and service.
Restaurants, including drive-in establishments.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
1572
e
~ 36-613
ZONING
~ 36-613
80. Restricted production and repair limited to the
following: Alteration and custom tailoring of cloth-
ing for retail sale only; jewelry from precious
metals; watches; dentures; optical lenses; and
other similar activities.
Schools: Music, dance, or business.
Self-service laundry and dry cleaning establish-
ments.
Shoe repair shops.
Sporting goods stores.
Tailor shops.
Taverns.
Telephone exchanges and telephone transmission
equipment structures.
Theatres, indoor only.
Travel bureaus and transportation ticket offices.
YMCA, YWCA, and other similar organizations.
Variety stores.
Any other similar retail business not specifically
listed is permitted if it complies with the conditions
and the restrictions contained in section 36-613(5).
Accessory and temporary uses, as permitted by
Article IV.
Signs, as permitted by Article IX.
Off-street parking and loading, as required by Arti-
cle X.
Sec. 36-613(2). Conditional uses.
1. Outdoor theatres.
2. Tire repair shops, recapping, etc.
Sec. 36-613(3). Lot size requirements.
1. Minimum lot width: Seventy-five (75) feet.
2. Minimum lot depth: One hundred (100) feet.
Sec. 36-613(4). Bulk regulations.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91
e 92.
93.
94.
95.
e
Supp. No. 23
1.
2.
Maximum structure height: Fifty (50) feet.
Yard requirements:
(a) Front yard: Property located adjacent to the
following various types of streets shall main-
1673
~ 36-613
SALINA CODE
~ 36-613
tain the following yards regardless of whether
it is a front, side or rear yard or any com-
bination thereof:
(1) Residential street: Twenty-five (25) feet
from the property line or fifty-five (55)
feet from the center line, whichever is
greater.
(2) Collector street: Twenty-five (25) feet
from the property line or sixty-five (65)
feet from the center line, whichever is
greater.
(3) Arterial street: Twenty-five (25) feet
from the property line or seventy-five
(75) feet from the center line, whichever
is gr.eater.
(b) No side or rear yard setback shall be required
other than under the conditions specified in
section 36-613 (4)2. (a) above, except that
when located adjacent to property in a resi-
dential district there shall be a setback of
ten (10) feet.
(c) Each motel and hotel shall have a minimum
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 connection 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) per cent.
Sec. 36-613(5). Use limitations.
1.
No structure shall be used for residential purposes
except for a security guard or night watchman or
the owner or operator of the business located on
the premises.
Supp. No. 23
1574
e
~ 36-613
ZONING
~ 36-614
2. All outdoor storage including off-street parking
spaces shall be enclosed by screening from adj a-
cent property located ina residential district.
3. All lighting shall be so located to avoid casting
direct light upon any property located in a resi-
dential 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. (Ord. No. 8526,
~ 1, 12-13-76; Ord. No. 8630, ~ 4, 3-27-78)
Sec. 36-614. 1-1 Industrial Park District.
The I-I District is designed to permit a broad range of
industrial activities within certain limitations. The uses per-
mitted in this district are required to be in an enclosed struc-
ture and all premises are to be landscaped according to an
approved landscape plan. All walks, drives and parking areas
shall be all-weather surfaced.
Sec. 36-61J,.(1). Permitted uses.
e
e
Supp. No. 23
1.
2.
3.
4.
5.
6.
7.
8.
9.
Adding machine manufacture.
Armories.
Artificial flower manufacture.
Automobile assembly.
Automobile and truck washes.
Automobile rental agency.
Automobile repair (no wrecking yard).
Bakery, wholesale.
Beverage manufacturing and bottling (excluding
malts and spirits).
Bicycle manufacture.
Blacksmith (no salvage yard).
Boat sales, rental and service.
Book publishing.
Boot and shoe manufacture.
Bottling works.
Broom manufacture.
Building materials yard.
Business, professional and administrative offices.
10.
11.
12.
13.
14.
15.
16.
17.
18.
1575
~ 36-614
Supp. No. 23
SALINA CODE
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
Cabinet maker.
Candy manufacture.
Canning and preserving factory.
Cap and hat manufacture.
Carpenter shop.
Carpet cleaning.
Cleaning and pressing.
Clock factory.
Clothing manufacture.
Coffin manufacture.
Cold storage warehouse.
Commission house.
Concrete burial vault company.
Condensed milk manufacture.
Contractor's storage y,ard and offices.
Cosmetic manufacture.
Creamery, wholesale.
Dairy, wholesale.
Dental laboratory.
Drug manufacture.
Dry cleaning establishment.
Drygoods, wholesale.
Dyeing and cleaning.
Electrical repair.
Electrical sign manufacture.
Enameling and painting.
Engraving plant.
Envelope manufacture.
Express storage and delivery station.
Feed and seed stores.
Feed manufacturer.
Feed, wholesale.
Flour and grain storage and elevators.
Food products manuf.acture.
Frozen food lockers.
Fruit and vegetable drying.
Fur warehouse.
Furniture warehouse/storage.
Garage, repair.
1576
~ 315-614
e ~ 36-614 ZONING ~ 36-614
,58. Garment factory.
59. Grain elevator.
60. Greenhouses, retail and wholesale.
61. Grocery store, wholesale.
62. Gymnasium equipment manufacture.
63. Hangars with repair facilities.
64. Hat cleaning.
65. Hatcherf.
66. Hay, grain, feed, wholesale.
67. Ice cream manufacture.
68. Ice manufacture.
69. Jewelry manufacture.
70. Knit goods manufacture.
71. Laboratories.
72. Laundry.
73. Limb (artificial) manufacture; (prosthesis manu-
facture) .
74. Lime and cement warehouse.
e 75. Looseleaf book manufacture.
76. Lumber yard.
77. Macaroni manufacture.
78. Machinery and implement sales, storage, and re-
pair.
79. Mattress manufacture.
80. Medicine manufacture.
81. Metal fabrication and assembly.
82. Milk bottling plant.
83. Milk depot, wholesale.
84. Millinery making.
85. Mineral distillation and bottling.
86. Mini-warehouses.
87. Mobile home sales and service.
88. Motorcycle repair.
89. Moving company, with storage facilities.
90. Newspaper offices and printing.
91. Office building on same site as industry (factory).
92. Office equipment and supply manufacture.
93. Optical goods and manufacture.
94. Organ manufacture.
e 95. Overall manufacture.
Supp. No. 23 1577
~ 36-614
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
Supp. No. 23
SALINA CODE
~ 36-614
Paper products manufacture.
Pencil factory.
Perfumery.
Pest control and exterminators.
Pharmaceutical products manufacture.
Phonograph manufacture.
Photo engraving company.
Piano manufacture.
Popcorn factory.
Plumbing shop.
Printing plants.
Produce warehouse.
Public utility plants and services, including sub-
stations.
Publishing company.
Pump station.
Radio manufacture.
Recreational vehicle, rental, sales and service.
Refrigerator manufacture.
Relay station (radio, television, etc.).
Research facilities.
Rug cleaning.
Saddle manufacture.
Screw and bolt manufacture.
Seed company (processing).
Sheet metal shop.
Shirt factory.
Sign painting.
Small animal hospitals.
Soap manufacture.
Soda water manufacture.
Sporting goods manufacture.
Stair manufacture.
Storage warehouse.
Tailor shop.
Taxicab storage, repair.
Tea and spice packing.
Television aerials (classed with building to which
attached) .
1578
Television manufacture.
Television sending or relay towers.
Textile manufacture.
Thermometer or thermostat manufacture.
Tin products, wholesale.
Tinsmith shop.
Tire repair shop, recapping, etc.
Transfer company, baggage storage.
Truck sales, rental and service.
Truck terminals.
Trunk manufacture.
Upholstery manufacture.
Vulcanizing shop (rubber).
Wallpaper manufacture.
Warehouse.
Washing machine manufacture.
Watch manufacture.
Water company appurtenances.
Waterproofing treatment and manufacture.
Welding shop (no salvage yard).
Wholesale houses.
Wholesale produce storage and market.
Window shade manufacture.
Wire brush manufacture.
Wood products manufacture.
Woodworking shops.
Woven goods manufacture.
Worsted goods manufacture.
Accessory and temporary uses, as permitted by
Article IV.
Signs, as permitted by Article IX.
Off-street parking and loading, as required by
Article X.
Sec. 96-61J,.(2). Conditional uses. None.
Sec. 96-61J,.(9). Lot size requirements.
1. Minimum lot width: One hundred (100) feet.
2. Minimum lot depth: One hundred fifty (150) feet.
e
~ 36-6] 4
133.
134.
135.
136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
149.
150.
151.
152.
153.
154.
155.
156.
157.
158
159.
160.
161.
e
162.
163.
e
Supp. No. 22
ZONING
~ 36-614
1579
~ 36-614
SALINA CODE
~ 36. 614
3. Minimum zoning area: One acre, unless contiguous
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.
Sec. 36-611,,( J,.). Bulk regulations.
1. Maximum structure height: Fifty (50) feet.
2. Yard requirements:
(a) FroItt yard: Thirty-five (35) feet on all sides
abutting a street, except when located adja-
cent to an arterial street, there shall be a set-
back of seventy-five (75) feet from the street
center line. The greater distance shall prevail.
(b) Side yard: Twenty (20) feet.
(c) Rear yard: Twenty (20) feet.
3. Maximum lot coverage: Thirty-five (35) per cent.
Sec. 36-61J,.(5). Use limitations.
Supp. No. 23
1.
All operations, activities and storage shall be con...
ducted wholly inside a building or buildings, unless
the nearest point of such operation or activity is
more than two hundred (200) feet from the bound-
ary 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 property
located in an 1-1, 1-2, or 1-3 District) by screening
of not less than six (6) feet in height.
No retail sales or services shall be permitted except
incidental or accessory to a permitted use.
Servicing and maintenance of vehicles shall be per-
mitted only when such is necessary to the conduct
of a permitted use.
All premises in an 1-1 District shall be furnished
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.
2.
3.
4.
1580
e
~ 36-614
ZONING
~ 36-615
5.
If a lot in an 1-1 District adjoins a residential dis-
trict, screening shall be provided at the lot lines
sufficient to protect, on a year-round basis, the
privacy of adjoining residential uses.
No building shall be used for residential purposes
except that a watchman may reside on the prem-
ises.
Exterior lighting shall be shaded so that no direct
light is cast upon any property located in a resi-
dential district or upon any street where glare is
visible to traffic. (Ord. No. 8526, ~ 1, 12-13-76;
Ord. No. 8630, ~ 5, 3-27-78)
6.
7.
Sec. 36-615. 1-2 Light Industrial District.
The 1-2 District is designed to permit industrial activities
of a limited nature. This includes uses which in many cases
are compatible with adjacent use districts.
Sec. 36-615(1). Permitted uses.
1. Any retail or commercial use, except those listed as
conditional uses in the 1-2 or 1-3 Districts.
Adding machine manufacture.
Armories.
Artificial flower manufacture.
Automobile assembly.
Automobile and truck washes.
Automobile rental agency.
Automobile repair (no wrecking yard).
Bakery, wholesale.
Beverage manufacturing and bottling (excluding
malts and spirits).
Bicycle manufacture.
Blacksmith (no salvage yard).
Book publishing.
Boot and shoe manufacture.
Bottling works.
Broom manufacture.
Building materials yard.
Cabinet maker.
Candy manufacture.
e
e
11.
12.
13.
14.
15.
16.
17.
18.
19.
Supp. No. 23
2.
3.
4.
5.
6.
7.
8.
9.
10.
1581
~ 36-615
Supp. No. 23
SALINA CODE
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
Canning and preserving factory.
Cap and hat manufacture.
Carpenter shop.
Carpet cleaning.
Cleaning and pressing.
Clock factory.
Clothing manufacture.
Coffin manufacture.
Cold storage warehouse.
Commission house.
Concrete burial vault company.
Condensed milk manufacture.
Contractor's storage yard and offices.
Cosmetic manufacture.
Creamery, wholesale.
Dairy, wholesale.
Dental laboratory.
Drug manufacture.
Dry cleaning establishment.
Drygoods, wholesale.
Dyeing and cleaning.
Electrical repair.
Electrical sign manufacture.
Enameling and painting.
Engraving plant.
Envelope manufacture.
Express storage and delivery station.
Feed and seed stores.
Feed manufacturer.
Feed, wholesale.
Flour and grain storage and elevators.
Food products manufacture.
Frozen food lockers.
Fruit and vegetable drying.
Fur warehouse.
Furniture warehouse/storage.
Garage, repair.
Garment factory.
Greenhouses, retail and wholesale.
~ 36-615
1582
Grocery store, wholesale.
Gymnasium equipment manufacture.
Hangars with repair facilities.
Hat cleaning.
Hatchery.
Hay, grain, feed, wholesale.
Ice cream manufacture.
Ice manufacture.
Jewelry manufacture.
Knit goods manufacture.
Laboratories.
Laundry.
Limb (artificial) manufacture; (prosthesis manu-
facture) .
Lime and cement warehouse.
Looseleaf book manufacture.
Lumber yard.
Macaroni manufacture.
Machinery and implement sales, rental, storage,
and repair.
77. Mattress manufacture.
78. Medicine manufacture.
79. Metal fabrication and assembly.
80. Milk bottling plant.
81. Milk depot, wholesale.
82. Millinery making.
83. Mineral distillation and bottling.
84. Mini-warehouses.
85. Mobile home sales and service.
86. Motorcycle repair.
87. Moving company, with storage facilities.
88. Newspaper offices and printing.
89. Office building on same site as industry (factory).
90. Office equipment and supply manufacture.
91. Optical goods manufacture.
92. Organ manufacture.
93. Overall manufacture.
94. Paper products manufacture.
95. Pencil fact()ry.
96. Perfumery,
Supp. No. 23
e
~ 36-615
e
e
ZONING
~ 36-615
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
1583
~ 36-615
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
1Q8.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
Supp. No. 23
SALINA CODE
~ 36-615
131.
132.
133.
Pest control and exterminators.
Pharmaceutical products manufacture.
Phonograph manufacture.
Photo engraving company.
Piano manufacture.
Popcorn factory.
Plumbing shop.
Printing plants.
Produce warehouse.
Public utility plants and services, including sub-
stations.
Publishing company.
Pump station.
Radio manufacture.
Refrigerator manufacture.
Refuse service.
Relay station (radio, television, etc.).
Research facilities.
Rug cleaning.
Saddle manufacture.
Screw and bolt manufacture.
Seed company (processing).
Sheet metal shop.
Shirt factory.
Sign painting.
Small animal hospitals.
Soap manufacture.
Soda water manufacture.
Sporting goods manufacture.
Stair manufacture.
Storage warehouse..
Tailor shop.
Taxicab storage, repair.
Tea and spice packing.
Television aerials (classed with building to which
attached).
Television manufacture.
Television sending or relay towers.
Textile manufacture.
1584
Thermometer or thermostat manufacture.
Tin products, wholesale.
Tinsmith shop.
Tire repair shop, recapping, etc.
Transfer company, baggage storage.
Truck sales, rental and service.
Truck terminals.
Trunk manufacture.
Upholstery manufacture.
Vulcanizing shop (rubber).
Wallpaper manufacture.
Warehouse.
Washing machine manufacture.
Watch manufacture.
Water company appurtenances.
Waterproofing treatment and manufacture.
Welding shop (no salvage yard).
Wholesale houses.
Wholesale produce storage and market.
Window shade manufacture.
Wire brush manufacture.
Wood products manufacture.
Woodworking shops.
Woven goods manufacture.
Worsted goods manufacture.
Accessory and temporary uses, as permitted by
Article IV.
160. Signs, as permitted by Article IX.
161. Off-street parking and loading, as required by
Article X.
162. Any other similar industrial use, provided that it
complies with the limitations in section 36-615(5).
Sec. 36-615(2). Conditional uses. None.
e
~ 36-615
134.
135.
136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
149.
150.
151.
152.
153.
154.
155.
156.
157.
158.
159.
e
ZONING
~ 36-615
Sec. 36-615(3). Lot size requirements.
1. Minimum lot area: Five thousand (5,000) square
feet.
2. Minimum lot width: Fifty (50) feet.
e
Supp. No. 23
1585
~ 36-615
SALINA CODE
~ 36-615
3. Minimum lot depth: One hundred (100) feet.
Sec. 36-615(4). Bulk regulations.
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 dis-
tance 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.
(c) Minimum rear yard: No minimum require-
ment, 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) per cent.
Sec. 36-615(5). Use limitations.
1. All operations, activities and storage shall be con-
ducted wholly inside a building, or buildings, un-
less the nearest point of such operation 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 District and except that storage may
be maintained outside the building in side or rear
yards if such storage area is separated from public
streets and other property (except property located
in an 1-2 or 1-3 District) by screening of not less
than six (6) feet in height.
2. Servicing and maintenance of vehicles shall be per-
mitted only when such is necessary to the conduct
of a permitted use.
3. If a lot in an 1-2 District adjoins a residential dis-
trict, 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.
Supp. No. 23
1586
e
e
e
~ 36-615
ZONING
~ 36-616
4.
No building shall be used for residential purposes
except that a watchman may reside on the prem-
ises. (Ord. No. 8526, S 1, 12-13-76; Ord. No. 8630,
S 6, 3-27-78)
Sec. 36-616. 1-3 Heavy Industrial District.
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 Districts should be separated from residential dis-
tricts and the more restricted business districts by intervening
or restrictive industrial or commercial zones.
Sec. 36-616 (1). Permitted meso
1. Any retail or commercial use except those listed as
conditional in section 36-616 (2).
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.
Supp. No. 23
1586.1
~ 36-616
Supp. No. 23
SALINA CODE
~ 36-616
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
Chalk manufacture.
Charcoal manufacture and pulverizing.
Cheese manufacture.
Chocolate and cocoa pr6ducts.
Cider and vinegar manufacture.
Clay products.
Coal yards.
Coffee roasting.
Concrete batching or "ready mixed" plant.
Concrete products company.
Copper manufacture.
Cotton yarn manufacture.
Culvert pipe manufacture.
Electrical supply manufacture.
Elevator manufacture.
Emery cloth manufacture.
Engine manufacture.
Excelsior manufacture.
Fire brick manufacture.
Fire clay products manufacture.
Flour and grain milling.
Foundry.
Fuel storage and distribution.
Furnace manufacture.
Furniture manufacture.
Glass manufacture.
Hair products factory.
Hardware manufacture.
Heating supplies and appliances manufacture.
Hosiery mill.
Iron (ornamental) works.
Lath manufacture.
Laundry machinery manufacture.
Leather and leather goods manufacture.
Light and power manufacture.
Linen goods manufacture.
Linoleum manufacture.
Lubricating machinery manufacture.
Lumber mill.
1586.2
e
~ 36-616
e
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
8l.
82.
83.
84.
85.
86.
87.
88.
89.
90.
9l.
92.
93.
94.
95.
96.
97.
98.
99.
100.
10l.
101.
103.
104.
105.
Supp. No. 23
e
ZONING
~ 36-616
Machine shop.
Machinery manufacture.
Mailbox manufacture.
Malt products manufacture.
Meat cutter and coffee grinder manufacture.
Meat packing plant.
Metal polish manufacture.
Metal weather-stripping manufacture.
Milling company.
Mini-warehouses.
Monument works.
Motorcycle manufacture.
Nail manufacture.
Needle manufacture.
Oilcloth manufacture.
Packing (meat, poultry) plant.
Pattern shop.
Pipe (concrete) manufacture.
Pipe (metal) manufacture.
Planing mill.
Plaster of paris manufacture.
Plating works.
Poultry food manufacture.
Printing ink manufacture.
Quilt manufacture.
Radiator (heating) manufacture.
Rivet manufacture.
Rope manufacture.
Rubber cement manufacture.
Rubber manufacture.
Rug manufacture.
Salt manufacture.
Salvage storage yard.
Sand and gravel storage yard.
Sand paper manufacture.
Sausage or sausage casing manufacture.
Sawmill.
Sewer pipe manufacture.
Shingle manufacture.
Shoe manufacture.
1586.3
~ 36-616
SALINA CODE
~ 36-616
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 permitted by
Article IV.
127. Signs, as permitted by Article IX.
128. Off-street parking and loading, as required by
Article X.
Sec. 36-616(2). Conditional uses.
1. Explosives manufacture and storage (including
fireworks) .
2. Anhydrous ammonia production and storage.
3. Any other uses not now or hereafter prohibited by
ordinance of the City of Salina, Kansas.
Sec. 36-616(3). Lot size requirements.
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.
Supp. No. 23 1586.4
e
e
e
~ 36-616
ZONING
~ 36-700
Sec. 36-616(4). Bulk regulations.
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 dis-
tance shall prevail.
(b) Side yard: No minimum requirements, but if
a side yard abuts a residential district, a side
yard of ten (10) feet shall be provided.
(c) Minimum rear yard: No minimum require-
ments, 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.
Sec. 36-616(5). Use limitations.
1. If a lot in an 1-3 District adjoins a residential dis-
trict, screening of not less than six (6) feet 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 purposes
except that a watchman or custodian may reside
on the premises. (Ord. No. 8526, ~ 1, 12-13-76;
Ord. No. 8630, ~ 7, 3-27-78)
Sees. 36-617-36-699. Reserved.
ARTICLE VII. PLANNED DEVELOPMENT DISTRICTS
Sec. 36-700. Purpose.
The application of flexible land use controls to the develop-
ment of land is often difficult or impossible with traditional
zoning district regulations. 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 governing
Supp. No. 23
1586.5
~ 36-700
SALINA CODE
~ 36-701
body is authorized by Kansas Statutes Annotated, Sections
12-725 through 12-733, to establish planned development dis-
tricts in which the zoning regulations are in harmony with
the general purpose and intent of this chapter, 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. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-701. General provisions.
Sec. 36-701 (1). The governing body may, by ordinance, ap-
prove the establishment of a planned development district on
any parcel or tract of land which is suitable for, and of suffi-
cient 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.
Sec. 36-701 (2). A planned development district may be
established for a residential planned development or for a
general planned development. A development shall be deemed
to be a residential planned development when it is limited to
dwelling units in detached, semidetached, attached or multi-
storied structures, or any combination thereof; and nonresi-
dential uses of a religious, cultural, recreational and business
character that are primarily designed and intended to serve
the residents of the residential planned development. A devel-
opment shall be deemed to be a general planned development
when it contains business and/or industrial structures and
uses exclusively or when it blends residential structures or
dwelling units in a unified plan with business and/or indus-
trial structures and uses.
Sec. 36-701 (3). Business and industrial structures and uses
in planned development districts shall comply with the limita-
tion of use standards for any commercial or industrial district
in which any contemplated use is first permitted in this chap-
ter and with the off-street parking and loading requirements
contained in Article X of this chapter. (Ord. No. 8526, ~ 1,
12-13-76 )
Supp. No. 23
1586.6
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~ 36-702
ZONING
~ 36-702
Sec. 36-702. Standards and criteria for planned developments.
Sec. 36-702(1). For all planned developments.
(a) A development plan that is not inconsistent with the
standards set out in this section or with such general
policies or specific rules and regulations for planned
development districts as may be adopted from time to
time by the ~overning body or the planning commission
and placed of public record in the office of the zoning
administrator shall prima facie be deemed to have quali-
fied 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 develop-
ment after an application for preliminary approval of
a specific development plan has been filed. A develop-
ment plan shall not be inconsistent with the following
general standards for use of land, and the use, type,
bulk, design, and location 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 substantially com-
pleted within the period of time specified in the
schedule of development submitted by the devel-
oper.
2. The planned development will not substantially in-
jure or damage the use, value and enjoyment of
surrounding property nor hinder or prevent the
development of surrounding property in accord-
ance with the land use plan.
3. The site will be accessible from public roads that
are adequate to carry the traffic that will be im..
posed upon them by the proposed development and
the streets and driveways on the site of the pro-
posed development will be adequate to serve the
residents, occupants, or users of the proposed de-
velopment. Traffic-control signals will be provided
without expense to the city when the governing
Supp. No. 22
1586.7
~ 36-702
Supp. No. 22
SALINA CODE
~ 36-702
4.
body determines that such signals are required to
prevent traffic hazards or congestion in adjacent
streets.
The development will not impose an undue burden
on public services and facilities, such as fire and
police protection.
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.
The development plan shall contain such proposed
covenants, easements and other provisions relating
to the bulk, location and density of residential
buildings, nonresidential uses and structures, and
public facilities as are necessary for the welfare
of the planned development and are not inconsistent
with the best interests of the area. Such covenants,
easements and other provisions, if part of the de-
velopment plan as finally approved, may be modi-
fied, removed or released only with the consent of
the governing body after a public hearing before,
and recommendations by, the planning commission
as provided in section 36-703(2) (a). All such cove-
nants shall specifically provide for enforcement by
the city in addition to the landowners within the
development.
The planning commission may designate divisible
geographic areas of the entire parcel to be devel-
oped as a planned unit development and shall, in
such case, specify reasonable periods within which
development of each such area must be commenced.
In the case of residential planned developments
and general planned developments which contain
residential buildings, the planning 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 develop-
5.
6.
7.
1586.8
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S 36-702
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Supp. No. 22
ZONING
S 36-702
8.
mentso that the number of dwelling units per acre
authorized for the entire planned development is
not affected. The period of time established for the
completion of the entire development and the com-
mencement date for each section thereof may be
modified from time to time by the planning com-
mission, upon the showing of good cause by the
develop~r, provided that in no case shall any exten-
sion of time exceed twelve (12) months. The devel-
oper shall provide and record easements, covenants,
shall make such other arrangements, and shall fur-
nish such performance bond, escrow deposit, or
other financial guarantees as may be determined
by the planning commission to be reasonably re-
quired to assure performance in accordance with
the development plan and to protect the public
interest in the event of abandonment of said plan
before completion.
The location and arrangement of structures, park-
ing areas, walks, lighting and appurtenant facili-
ties shall be compatible with the surrounding land
uses, and any part of a planned development not
used for structures, parking and loading areas, or
accessways, shall be landscaped or otherwise im-
proved, unless said open space would accomplish
the intent of this section, if left in its natural
state.
When business or manufacturing structures or uses
in a planned development district abut a residential
district or residential buildings in the same devel-
opment, screening shall be provided. In no event
shall a business or manufacturing structure in a
planned development district be located nearer than
one hundred (100) feet to a residential building.
Notwithstanding any of the other provisions of
this chapter, when a shopping center is developed
as a planned development district, such shopping
center shall provide a parking space in off-street
parking for each two hundred (200) square feet of
9.
10.
1586.9
S 36-702
SALINA CODE
S 36-702
floor area in the structures located in the planned
shopping center development. Such off-street park-
ing facilities shall comply with the provisions of
Article X of this chapter.
11. The specifications for the width and surfacing of
streets and highways, alleys, ways for public utili-
ties, for curbs, gutters, sidewalks, street lights,
public parks and playgrounds, school grounds,
storm d'rainage, water supply and distribution,
sanitary sewers and sewage collection and treat-
ment established in the subdivision regulations of
the city, as amended from time to time may, within
the limits hereinafter specified, be waived or modi-
fied by the planning commission where the com-
mission finds that such specifications are not re-
quired 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 regula-
tions that would otherwise be applicable to the site
are warranted by the design to the development
plan, and the amenities incorporated in it, and are
not inconsistent with the interest of the public
generally.
Sec. 36-702(2). Standards for residential planned develop-
ments and general planned developments containing residen-
tial b'uildings.
(a) Any development plan that does not propose to increase
the number of dwelling units per acre that would other-
wise be permitted on the property under the zoning
regulations otherwise applicable thereto shall be prima
facie qualified for preliminary approval insofar as resi-
dential density is concerned. A development plan may
provide for a greater number of dwelling units per acre
than would be permitted by the zoning regulations
otherwise applicable to the site, but if the number of
dwelling units per acre exceeds by more than ten (10)
Supp. No. 22
1586.10
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~ 36-702
ZONING
~ 36-702
per cent that permitted by the zoning regulations other-
wise applicable to the site, the developer has the burden
to show that such excess will not have an undue and
adverse impact on existing public facilities and on the
reasonable enjoyment of neighboring property. The
planning commission, in determining the reasonableness
of a proposed increase in the number of dwelling units
per acre, shall recognize that increased density may be
compensated for by additional private amenities and
by increased efficiency in public services to be achieved
by (a) the amount, location and proposed use of com-
mon open space, and (b) the location, design and type
of dwelling units. The planning commission shall, in its
determination, also consider that the physical charac-
teristics of the site may make increased densities appro-
priate in the particular location.
(b) When common open space is provided in a development
plan, the amount and location of such common open
space shall be consistent with the declared function of
the common open space as set forth in the application
for a planned development district. The development
plan shall include such provisions for the ownership
and maintenance of the common open space as are
reasonably necessary to ensure its continuity, care, con-
servation and maintenance, and to ensure that remedial
measures will be available to the city if the common
open space is permitted to deteriorate or is not main-
tained in a condition consistent with the best interest
of the planned development or of the city.
(c) When a planned development includes common open
space, such common open space shall not be used for
the construction of any structure which is inconsistent
with its intended 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 structure.
Adequate safeguards, including recorded covenants,
shall be provided to prevent the subsequent develop-
ment and the future construction of structures on such
Supp. No. 22
1586.11
~ 36-702
SALINA CODE
~ 36-702
open space. When a structure is permitted in said open
space, its construction shall be allowed only after re-
ceiving specific approval from the planning commission.
(d) The total ground area occupied by buildings and struc-
tures shall not exceed thirty-five (35) per cent of the
total ground area of the planned development.
(e) Nonresidential uses of an educational or recreational
nature shall be designed or intended primarily for the
use of the residents of the planned development.
(f) Nonresidential uses of a business character shall be
designed or intended to serve principally the residents
of the planned development. No structure designed or
intended to be used, in part or in whole, for business
purposes shall be constructed prior to the construction
of not less than thirty (30) per cent of the total number
of dwelling units proposed in the development plan.
(g) Planned developments in areas that are on the fringes
of urban development or are in largely undeveloped
areas shall maintain the following minimum yards:
Supp. No. 22
1.
The distance at the closest point between any
structure and the boundary of the planned develop-
ment district shall be at least two (2) times the
perpendicular distance from the lowest first floor
window sill to the highest point on the roof of the
structure.
When two (2) or more structures are located in
any proposed planned development, the distance at
the closest point between any two (2) structures
containing residential uses, or between a structure
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 structure containing residential uses to the
highest point in the roof of the other structure.
(Ord. No. 8526, S 1, 12-13-76)
2.
1586.12
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~ 36-703
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~ 36-703
Sec. 36-703. Procedure for securing approval of a planned de-
velopment and the establishment of a planned
development district.
Sec. 36-703(1). Preliminary development plan.
(a) A developer seeking the establishment of a planned de-
velopment district shall prepare and submit to the plan-
ning commission a preliminary development plan for
such planned development district.
(b) The preliminary development plan shall contain the
following documents and information:
Supp. No. 22
1.
A survey of the tract that is to be developed show-
ing existing features of the property including
streets, alleys, easements, utility lines, existing land
use, general topography, physical features, and
drainage.
A site plan showing the location and arrangement
of all existing and proposed structures, the pro-
posed traffic circulation pattern within the devel-
opment, the areas to be developed for parking, the
points of ingress. and egress, including access
streets where required, the relationship of abutting
land uses and zoning districts, proposed lots and
blocks, if any, proposed public or common open
space, jf any, including parks, playgrounds, school
sites, and recreational facilities, and proposed
drainage.
A preliminary plat of subdivision for which ap-
proval has been secured pursuant to the applicable
ordinances, rules and regulations relating to sub-
division approval or a copy of the existing recorded
plat which is appropriate for the intended plan.
A statement of the anticipated residential density
(when applicable), the proposed total gross floor
area, and the percentage of the development which
is to be occupied by structures.
Preliminary sketches of the proposed structures
and landscaping.
2.
3.
4.
5.
1586.13
~ 36-703
SALINA CODE
S 36-703
6. When a planned development is to be constructed
in stages, a schedule for the development of such
stages shall be submitted. No such stage shall have
a residential density that exceeds by more than
twenty (20) per cent the proposed residential den-
sity of the entire planned development. 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 minimum,
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.
7. Evidence that the applicant has sufficient control
over the tract to effectuate the proposed plan, in-
cluding a statement of all the ownership and bene-
fi cial interests in the tract of land and the pro-
posed development.
8. When it deems it to be necessary, the planning
commission may require a traffic survey setting
out and analyzing the effect that the planned de-
velopment will have upon traffic in the streets and
thoroughfares adjacent to and in the vicinity of
the proposed development.
9. A statement showing the relationship of the
planned development to the comprehensive plan
and future land use plan for the city.
10. In the case of general planned developments, a
statement identifying the principal types of busi-
ness and/or industrial uses that are to be included
in the proposed development.
11. When a planned development includes provisions
for common open space, or recreational facilities,
a statement describing the provision that is to be
made for the care and maintenance of such open
space or recreation::.l 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.
Supp. No. 22
1586.14
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~ 36-703
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~ 36-703
12. Copies of any restrictive covenants that are to be
recorded with respect to property included in the
planned development district.
Sec. 36-703(2). Action on preliminary development plan.
(a) Hearing, findings and recommendation of planning
commission. The planning commission shall, within
forty-five (45) days after a preliminary development
plan is filed with it, hold a public hearing on the pre-
liminary development plan after giving the notice re-
quired by Article II of this chapter for hearings on
amendments. Such public hearing shall consider all
aspects of the preliminary development plan including
all proposed stages and/or units of development. Within
ten (10) days after the last public hearing on such plan,
the planning commission shall prepare and transmit to
the governing body and to the developer specific find-
ings of fact with respect to the extent to which the
preliminary development plan complies with the stand-
ards set out in this section, together with its recom-
mendations to the governing body with respect to the
action to be taken on the preliminary development plan.
The commission may recommend disapproval, approval,
or approval with amendments, conditions or restric-
tions. Copies of the findings and recommendations of
the planning commission shall be made available to
any other interested persons.
(b) Action by the governing body. The governing body shall
approve or disapprove the preliminary development
plan within twenty-one (21) days after it receives the
findings and recommendations of the planning commis-
sion thereon. If the preliminary development plan is
disapproved, the developer shall be furnished with a
written statement of the reasons for disapproval of the
plan. If the preliminary development plan is to be
approved, the governing body shall, after receiving
from the developer any acceptance required by section
36-703(2) (c), below, adopt an ordinance approving the
preliminary development plan, and establishing a
Supp. No. 22
1586.15
S 36-703
SALINA CODE
~ 36-703
planned development district for the parcel or tract
of land included in the preliminary development plan.
(c) Restrictions and conditions. The governing body may
alter the preliminary development plan, and impose
such restrictions and conditions on the planned devel-
opment as it may deem necessary to insure that the
development will be in harmony with the general
purpose and intent of this chapter and with the com-
prehensive plan of the city. When the governing body
alters the preliminary development plan, or imposes
any restrictions or conditions on such plan, the devel-
oper shall have fifteen (15) days within which to file
an acceptance of such alterations, restrictions or con-
ditions with the governing body. When an acceptance
is required by this section, no ordinance approving
a preliminary development plan and establishing a
planned development district shall be adopted until such
acceptance has been filed with the planning commission.
(d) Form of ordinance. An ordinance approving a planned
development and establishing a planned development
district shall specify the zoning regulations and restric-
tions 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 incorporated and published as a
part of such ordinance. Such ordinance shall also spec-
ify the conditions and restrictions that have been im-
posed by the governing body on the planned develop-
ment, and the extent to which the otherwise applicable
district regulations have been varied or modified. When
the planning commission has designated divisible geo-
graphic areas that may be developed as a planned unit
development, the ordinance shall authorize the planning
commission to modify the schedule of development to
the extent set out in section 36-702(1) (a)7. (Ord. No.
8526, ~ 1, 12-13-76)
Supp. No. 22
1586.16
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~ 36-704
ZONING
~ 36-704
Sec. 36-704. Status of preliminary development plan after ap-
proval.
Sec. 36-704(1). Within seven (7) days after the adoption
of an ordinance approving a preliminary development plan
and establishing a planned development district, such ordi-
nance 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 prelimi-
nary plan has been granted, the same shall be noted on the
zoning map maintained in the office of the zoning adminis-
trator.
Sec. 36-704(2). Preliminary approval of a development plan
shall not qualify said plan for recording. A development 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 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 appli-
cations are filed, within the time or times specified in the
ordinance granting 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.
Sec. 36-704(3). In the event that a development plan is
given preliminary approval and thereafter, but prior to ap-
proval of a final development plan, the developer shall:
(a) Choose to abandon said plan and shall so notify the
planning commission in writing; or
(b) Shall 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.
Supp. No. 22
1586.17
(\ 36-704
SALINA CODE
~ 36-705
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 imme-
diately prior to the approval of the preliminary plan, as they
may be amended from time to time. The governing body shall
forthwith adopt an ordinance repealing the planned develop-
ment district for that portion of the development that has
not received final approval and reestablishing the zoning and
other regulatory provisions that would otherwise be appli-
cable. 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.
(Ord. No. 8526, S 1, 12-13-76)
Sec. 36-705. Application for approval of final development
plan.
Sec. 36-705(1). An application for approval of a final de-
velopment 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 36-704 (2) of this chapter
and shall be in substantial compliance with the preliminary
development plan as approved. The application shall include:
(a) A detailed site plan showing the physical layout and
design of all streets, easements, right-of-way, lots,
blocks, common open space, structures and uses.
(b) Preliminary building plans, including exterior eleva-
tions.
(c) Landscaping plans.
(d) Copies of any proposed easements and restrictive cove-
nants.
(e) Proof of the establishment and activation of any en-
tity that is to be responsible for the management and
maintenance of any common open space.
Supp. No. 22
1586.18
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S 36-705
ZONING
S 36-705
(f) Evidence that no lots, parcels or tracts or dwelling
units in such development have been conveyed or leased
prior to the recording of any restrictive covenants
applicable to such planned development.
(g) Such bonds and other documents that may have been
required pursuant to sections 36-702(1) (a)7, 36-703(2)
(c), and 36-703(2) (d).
(h) A final subdivision plat for which approval has been
secured pursuant to the applicable ordinances, rules
and regulations relating 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, application for
final approval of other areas. A public hearing by the plan-
ning 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 submitted for final
approval, is in substantial compliance with the preliminary
development plan theretofore given approval.
Sec. 36-705(2). A development plan submitted for final ap-
proval shall be deemed to be in substantial compliance with
the preliminary plan, as approved, provided any modification
by the developer of the preliminary plan, as approved, does
not:
(a) Vary the proposed gross residential density or intensity
of use by more than five (5) per cent; or
(b) Involve a reduction of the area set aside for common
open space; or
(c) Increase by more than five (5) per cent the floor area
proposed for nonresidential use; or
(d) Increase by more than five (5) per cent the total
ground area covered by buildings.
Supp. No. 22
1586.19
~ 36-705
SALINA CODE
~ 36-705
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.
Sec. 36-705(3). A public hearing shall not be held on an
application for approval of a final development plan when
said 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 docu-
ments required in support thereof, the planning commission
shall, within twenty-one (21) days of filing, grant such plan
final approval.
Sec. 36-705(4). In the event that the final development
plan is not in substantial 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 substan-
tial compliance with the preliminary plan. The developer may
make such changes in the final plan as are necessary to bring
it into compliance with the preliminary plan, or he may file
a writt~n request with the planning commission that it hold
a public hearing on his application for final approval. In the
event 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 public hearing ,shall be held, notice
thereof shall be given, and the hearing shall be conducted in
the manner prescribed in section 36-203, 36-203(1) and 36-
203(2) of this chapter. Within fourteen (14) days after the
conclusion of the public hearing, the planning commission
shall, by resolution, either grant or deny approval of the final
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
36-703(2) (a) of this chapter.
Sec. 36-705(5). A final development plan, or any area there-
of, that has been approved by the planning commission shall
be so certified without delay by the city clerk and shall be
Supp. No. 22
1586.20
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~ 36-705
ZONING
~ 36-706
filed of record in the office of the zoning administrator before
any development shall take place in accordance therewith.
In the event the planning commission fails to act, either by
grant or by denial of final approval within the time pre-
scribed, the final plan shall be deemed to be approved. Pending
completion within a reasonable time of said planned develop-
ment, or of any area thereof, that has been finally approved,
no modification of the provisions of said plan, or area thereof,
as finally approved, shall be made except with the consent
of the developer.
Sec. 36-705(6). In the event that 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 writing, then no development
or further development shall take place on the property in-
cluded in the development plan until after the said 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 said plan and
recommend appropriate action to the governing body. (Ord.
No. 8526, 9 1, 12-13-76)
Sec. 36-706. Amendments.
A planned development district ordinance or an approved pre-
liminary or final development plan may be amended by the gov-
erning body, but only after a public hearing has been held pur-
suant to notice by section 36-203 (1) of this chapter and findings
of fact and recommendations have been prepared by the plan-
ning commission and transmitted to the governing body in
the manner required by section 36-703 (2) (a) hereof. Nothing
in this section shall be construed as requiring a public hearing
in the case of minor alterations. The determination of the
need for a public hearing shall be at the discretion of the
zoning administrator. (Ord. No. 8526, 9 1, 12-13-76)
Supp. No. 22
1586.21
!i 36-707
SALINA CODE
~ 36-801
Sec. 36-707. Recording.
Upon approval of the 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. (Ord. No. 8526, S 1,
12-13-76)
Sees. 36-708-36-799. Reserved.
ARTICLE VIII. FLOOD PLAIN ZONING DISTRICT
Sec. 36-800. Statutory authorization.
The provisions for flood plain protection are adopted pur-
suant to the authorization contained in Kansas Statutes Anno-
tated, Sections 12-705, 12-707, 12-710, and 12-734-735. (Ord.
No. 8526, S 1, 12-13-76)
Sec. 36-801. Purpose.
The uncontrolled use of flood plains, rivers and streams,
as well as filling, construction and certain other land practices
in the flood plain of the City of Salina 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 property and for
the relief of distress in areas subject to periodic flooding.
Therefore, it is the purpose of this article to:
(a) Prohibit the placement of fill, materials and structures
which would unduly obstruct flood flows. Subject to
the provisions of sections 36-803 (3), 36-804, 36-805, and
36-806, a total prohibition will exist in areas designated
as flood way and a partial prohibition will exist in areas
designated as flood fringe.
(b) Protect human life and health, prevent ,property dam-
age, minimize business interruptions and minimize res-
cue and relief efforts, which generally must be under-
taken at public expense.
Supp. No. 22
1586.22
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~ 36-801
ZONING
~ 36-803
(c) 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.
(d) Minimize flood blight areas and maintain property val-
ues and a stable tax base adjacent to the flood plain.
(e) Discourage the victimization of unwary home and land
buyers. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-802. Warning and disclaimer of liability.
The degree of flood protection required by this article is
considered to be reasonable for regulatory purposes and is
based on engineering and scientific methods of review and
evaluation. However, 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 reli-
ance on this article or on any administrative decision lawfully
made thereunder. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-803. General provisions.
Sec. 36-803(1). Lands to which the flood plain article ap-
plies. This article shall apply to all flood plain areas within
the City of Salina and to all flood plain areas in unincorpo-
rated territory lying outside of but within three (3) miles
of the nearest point on the city limits provided that the unin-
corporated territory has not been designated a flood plain
zone or district by any other governmental unit or subdivision.
Se!c. 36-803(2). "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 the watercourse and land adjacent to a
watercourse subject to inundation from a flood having a
Supp. No. 22
1586.23
~ 36-803
SALINA CODE
~ 36-805
chance occurrence in anyone year of one per cent. This is
the 100-year flood line.
Sec. 36-803(3). "Floodway and flood fringe" defined.
(a) Floodway. The channel of a stream or other water-
course, and the land areas adjacent to the stream chan-
nel, that are required to carry and dischar,ge the flood-
waters of the regulatory flood (the 100-year flood)
without undue restriction.
(b) Flood fringe. That portion of the flood plain lying out-
side 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.
Sec. 36-803(4). National flood insurance. Nothing in this
article or in any regulations adopted hereunder shall be con-
strued as affecting the eligibility of any existing structure
located within the flood plain for flood insurance under the
National Flood Insurance Act of 1968. (Ord. No. 8526, ~ 1,
12-13-76 )
Sec. 36-804. Establishment of flood plain district.
rI'he flood plain area within the jurisdiction of this article
is hereby declared to be one district, the general Flood Plain
District (FP), as set forth on the zoning map of the City of
Salina attached hereto and made a part of these regulations.
The city shall also designate on the zoning map those areas
determined 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 com-
plementary to those provisions. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-805. Adoption of engineering criteria.
The flood plain district established and shown on the dis-
trict zoning map has been delineated by use of studies and
Supp. No. 22
1586.24
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~ 36-805
ZONING
~ 36-806
information developed by the Corps of Engineers, U. S. Army,
Kansas City District. 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 com-
mission in evaluating and administering the provisions of the
regulations contained within this Article VIII. Elevation infor-
mation contained in the aforementioned reports shall be used
to determine the exact location and limits of the "FP" Flood
Plain District and said elevation information supercedes the
"FP" delineation on the district zoning map. For the purposes
of these regulations, the "intermediate regional flood" shall
be the regulatory flood having a chance occurrence in anyone
year of one per cent (the average 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 elevations within that district. (Ord.
No. 8526, ~ 1, 12-13-76)
Sec. 36-806. Permitted uses.
Sec. 36-806(1). The following open space uses shall be per-
mitted with the general flood plain district to the extent that
they are not prohibited by ordinance, or state or federal stat-
ute, and provided they do not require structures, fill or storage
materials and/or equipment:
(a) Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming and forestry.
(b) Fishing, hunting, preservation of scenic and scientific
areas, public or private fish hatcheries, soil and water
conservation, and wildlife preserves.
(c) Loading areas, parking areas, lawns, gardens, play
areas, airport landing strips, and railroads.
(d) Private and public recreation uses, such as golf courses,
tennis courts, archery and firearms ranges, picnic
Supp. No. 22
1586.25
~ 36-806
SALINA CODE
~ 36-808
grounds, boating and swimming areas, parks, shooting
preserves, hiking and horseback trails.
(e) Other similar open space uses. (Ord. No. 8526, ~ 1,
12-13-76)
Sec. 36-807. Conditional uses.
The following uses may be permitted as conditional uses
subject to the provIsions of this article and of section 36-1201
(2) of this chapter.
Sec. 36-807(1). In the floodway portion of the flood pwin
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 36-808, below.
Sec. 36-807(2). In the flood fringe portion of the flood plain
district:
(a) All uses which are permitted or conditional uses
in the underlying zone may be allowed as condi-
tional uses in the flood fringe subject to the stand-
ards, factors, and conditions set forth in sections
36-808 and 36-809. (Ord. No. 8526, ~ 1, 12-13-76)
See. 36-808. Standards for issuance of conditional use permit
in flood plain district.
Sec. 36-808(1). In the floodway portion of the flood plain
district:
(a) No structure, fill, or use will be allowed as a conditional
use which unduly affects the capacity of the floodway
Supp. No. 22
1586.26
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~ 36-808
ZONING
~ 36-808
or unduly increases flood heights. Structures shall be
firmly anchored to prevent flotation which may cause
additional damage.
(b) 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 submitted by the owner showing the uses to
which the filled land will be put and the final dimen-
sions of the proposed fill.
(c) The storage of materials that are in time of flooding,
buoyant, flammable, explosive or potentially injurious
to human life or property shall be prohibited; storage
of other materials may be allowed if not subject to
major damage by floods and if firmly anchored to pre-
vent flotation or readily removable after flood warning.
Sec. 36-808(2). In the flood fringe portion of the flood plain
district:
(a) All structures to be erected, constructed, reconstructed,
altered or moved shall be constructed on fill with the
finished surface of the basement, or first floor in struc-
tures without basements, at or above a point two (2)
feet above the regulatory flood elevation line. The fill
shall extend at such elevation at least fifteen (15) feet
beyond the limits of the structure.
(b) Where existing public streets or other circumstances
make compliance with section 36-808(2) (a) 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 36-809 (2).
(c) Accessory uses such as railroad tracks and yards and
parking lots may be at lower elevations.
(d) The storage or processing of materials that are buoy-
ant, flammable, or explosive in times of flooding and
are potentially injurious to human life or property shall
be at or above a point two (2) feet above the regula-
tory flood elevation line. (Ord. No. 8526, S 1, 12-13-76)
Supp. No. 22 1586.27
S 36-809
SALINA CODE
S 36-809
Sec. 36-809. Factors and conditions for consideration of board
of zoning appeals in granting conditional use per-
mits in the flood plain district.
Sec. 36-809(1). In addition to the requirements of section
36-1201 (2) of this chapter, when a provision of this article
is involved, no conditional use permit shall be granted by the
board of zoning appeals without specific consideration of the
following factors:
(a) The danger to life and property due to increased flood
heights or velocities caused by encroachments.
(b) The danger that materials may be swept onto lands
or downstream to the inj ury of others.
(c) The proposed water supply and sanitation systems and
the ability of these systems to prevent the occurrence
of disease, contamination and unsanitary conditions.
(d) The susceptibility of the proposed facility and its con-
tents to flood damage and the effect of such damage
on the individual owner.
(e) The importance of the services provided by the pro-
posed facility or use to the community.
(f) The requirements of the facility or use for a waterfront
location.
(g) The availability of alternative locations not subject to
flooding for the proposed use.
(h) The compatibility of the proposed use with existing
development and development in the near future.
(i) The relationship of the proposed use to the compre-
hensive plan and flood 'plain management program for
the area.
(j) The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(k) The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters expected
at the site.
Supp. No. 22
1586.28
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~ 36-809
ZONING
~ 36-809
(1) Such other factors as are relevant to the purposes of
the regulations.
Sec. 36-809(2). In addition to the conditions which may be
imposed under section 36-1201 (2) of this chapter, when a
provision of this article is involved, the board. of zoning
appeals may also impose any of the following conditions
which it deems necessary:
(a) Requirement for construction of channel modifications,
dikes, levees, and other protective measures.
(b) Flood-proofing measures. Flood-proofing measures such
as the following may be required at or above a point
two (2) feet above the 100-year flood elevation line:
Anchorage to resist flotation and lateral movement.
Installation of watertight doors, bulkheads and
shutters, or similar methods of construction.
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 levels in
structures.
Construction of water supply and waste treatment
systems so as to prevent the entrance of flood-
water.
Pumping facilities or comparable practices for sub-
surface drainage systems for buildings to relieve
external foundation and wall basement flood meas-
ures.
9. Construction to resist rupture or collclpse caused
by water pressure or floating debris.
10. Installation of valves or controls on sanitary and
storm drains which will permit the drains to be
closed to prevent back-up of sewage and storm
waters into buildings or structures. Gravity drain-
ing of basements may be eliminated by use of
mechanical devices.
1.
2.
3.
4.
e 5.
6.
7.
8.
e
Supp. No. 22
1586.29
~ 36-809
SALINA CODE
~ 36-812
11. Location of all electrical equipment, circuits, and
installed electrical appliances so as to provide pro-
tection from inundation by the regional flood.
12. Location of any structural storage facilities for
chemicals, explosives, buoyant materials, flammable
liquids or other toxic materials which could be
hazardous to public health, safety and welfare at
a point above the regulatory flood elevation or
their flood-proofing so as to prevent flotation of
storage containers, or damage to these which could
result in the escape of toxic materials into flood-
waters. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-810. Variances.
In addition to the requirements of section 36-1201 of this
chapter, no variance in the flood plain district shall have the
effect of allowing uses prohibited in the district, permit a
lower degree of flood protection, or permit standards lower
than those required by state enabling legislation. (Ord. No.
8526, ~ 1, 12-13-76)
Sec. 36-811. Flood plain nonconforming uses.
Whenever any structure subject to the general flood plain
district requirements becomes a nonconforming use under
these provisions, it shall be subject to the requirements and
provisions of Article XI of this chapter. (Ord. No. 8526, ~ 1,
12-13-76)
Sec. 36-812. Amendments to flood plain district 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 proposes to regulate or restrict the location
and use of structures, encroachments, and uses of land within
such district without the city first submitting such proposed
change, accompanied by complete maps, plans, profiles, specifi-
cations, textual matter and other data and information to the
Supp. No. 22
1586.30
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~ 36-812
ZONING
~ 36-8AOO
chief engineer, division of water resources, Kansas State Board
of Agriculture for written approval thereof. (Ord. No. 8526,
~ 1, 12-13-76)
Sec. 36-813. Violations.
In addition to the penalties and relief set forth in section
36-1203 of this chapter, in the event 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 re-
sources of the Kansas State Board of Agriculture may insti-
tute injunction, mandamus or other appropriate action or
proceedings to prevent the unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use, or
to correct or abate such violations, or to prevent the occupancy
of such building, structure or land. (Ord. No. 8526, ~ 1, 12-13-
76)
Sees. 36-814-36-899. Reserved.
e
ARTICLE VIllA. HERITAGE CONSERVATION
DISTRICT
Sec. 36-8AOO. Purpose.
The heritage conservation district is designated to be used
in conjunction with any existing zoning 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 elements of the
city's cultural, social, economic, political, natural,
archaeological and/or architectural history;
(3) To stabilize and improve values in areas having
culturally, socially, economically, politically, natural-
ly, archaeologically, and/or architecturally significant
properties. (Ord. No. 8760, ~ 1, 11-19-79)
e
Supp. No. 26
1586.31
~ 36-8AOl
SALINA CODE
~ 36-8A04
Sec. 36-8AOl. Permitted uses.
All permitted and conditional uses in the underlying dis-
trict and all other requirements of that zoning district shall
apply. (Ord. No. 8760, ~ 1, 11-19-79)
Sec. 36-8A02. Heritage commission created; pur-
poses.
The heritage commission is hereby created, whose
purposes will be to inventory, promote, list, record, protect,
preserve and enhance places, areas, features or sites within
the City of Salina that have special significance in the
architectural, archaeological, cultural or historical sense.
The commission shall also advise the city commission and
other groups concerning preservation of the city's historic
and cultural heritage. (Ord. No. 8760, ~ 1, 11-19-79)
Sec. 36-8A03. Commission membership.
The heritage commission shall consist of seven (7)
members, all of whom must reside within the city limits, to
be appointed by the city commission. 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 historian or archaeologist, if
available, and two (2) or three (3) other individuals that the
city commission may wish to consider. (Ord. No. 8760, ~ 1,
11-19-79)
Sec. 36-8A04. 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. The members shall serve without compensation
except for necessary expenses sustained in carrying out
their official duties. Said expenses shall be paid by the City
of Salina as authorized by the city commission. (Ord. No.
8760, ~ 1, 11-19-79)
Supp. No. 26 1586.32
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~ 36-8A05
ZONING
~ 36-8A07
Sec. 36-8A05. Commission officers.
The heritage commission shall annually elect, from its
membership a chairman and vice-chairman, whose terms of
office shall be one year. The heritage 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. All
vacancies shall be filled by the city commission. Four (4)
members present 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. (Ord. No. 8760, ~ 1, 11-19-79)
Sec. 36-8A06. Financial support.
The heritage commission may accept donations, grants
and other financial assistance from any public body or any
agency, including but not limited to, the City of Salina, the
County of Saline, the State of Kansas, and any of its
agencies, and from any private individual or groups for the
purpose of carrying out the functions, powers, and duties of
the heritage commission, including property acquisition and
renovation. These funds shall be utilized exclusively for
heritage conservation purposes and shall be kept in a
separate account requiring heritage commission and city
approval for utilization. The heritage commission may, with
the approval of the city commission, enter into agreements
and contracts with the public or private consultants for the
purpose of assisting the heritage commission in carrying
out its functions, duties and powers. (Ord. No. 8760, ~ 1,
11-19-79)
Sec. 36-8A07. Heritage conservation plan.
The heritage commission shall thoroughly familiarize
itself with the buildings, structures, land, areas and districts
within the city which may be eligible for designation as
heritage landmarks. Upon completion of such study by the
heritage commission, a heritage conservation plan shall be
prepared.
Supp. No. 26
1586.32.1
~ 36-8A07
SALINA CODE
~ 36-8A07
(a) The heritage conservation plan shall address the
following items:
(1) Inventory buildings, structures, land 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 utilized
in the National Register of Historic Places.
Properties in those districts which meet the
National Register Criteria shall carry the zoning
designation "HC-NR" (Heritage Conservation-
National Register). Properties contained in dis-
tricts which could qualify for incentives 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, land, areas, and
districts should be designated as historic land-
marks, employing in said criteria consideration of
integrity of location, design, setting, materials,
workmanship and historic association. Ceme-
teries, birthplaces or graves of historical signifi-
cance, structures which have been moved from
their original locations, reconstructed historic
buildings, properties primarily commemorative in
nature and properties which have achieved
significance within the past fifty (50) years shall
not be considered 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 signifi-
cance 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
Supp. No. 26
1586.32.2
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S 36-8A07
ZONING
S 36-8A07
A birthplace or grave of a historical figure of
outstanding importance if there is no other
appropriate site or building directly associated
with his productive life; or
d. A cemetery which derives its primary signifi-
cance from graves of persons of transcendent
importance, from age, from distinctive design
features, or from association with historic
event; or
c.
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 inter-
est if design, age, tradition or symbolic 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 exceptional
importance.
(4) Identify guidelines to be used in the determination
of whether to grant or deny certificates of
appropriateness (see section 36-8A09) for proposed
alterations to the exterior of a designated historic
landmark.
(5) Formulate criteria to be utilized in the selection
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 restoration activities and
for acquisitions. This program is to include
federal, state, municipal, private and foundation
activities and funding sources.
Supp. No. 26 1586.32.3
~ 36-8A07
SALINA CODE
~ 36-8A07
(7) Recommend incentives for heritage conservation
to the city commission.
(b) The heritage conservation plan and any subsequent
amendments shall be presented to the Salina City
Planning Commission for inclusion in the comprehen-
sive plan for informational purposes.
(c) The heritage commission shall, through the heritage
conservation plan, recommend to the city commission
that certain buildings, structures, land areas and/or
districts in the city be designated a heritage conserva-
tion landmark. A two-thirds (2/3) majority vote of the
heritage commission shall be necessary to recommend
designation of a structure or property as a heritage
landmark. Designation as a heritage landmark may
be either at the property owner's request or the
designation may be recommended for placement on
the property without consent provided that the
property owners were notified and given an opportuni-
ty to comment thirty (30) days in advance of the
heritage conservation hearing. The recommendation
shall include:
(1) A legal description of those properties to be
designated.
(2) Identification of historic materials and/or features
important to the preservation of the premises
within the said designated building, structures,
land areas and/or districts.
(d) If the heritage commission finds that certain build-
ings, structures, land areas or districts cannot be
preserved without acquisition, a recommendation
shall be made to the city commission that fee title or
lesser interest in the property be acquired by gift or
purchase, using funds or facilities available for
preservation or restoration.
(e) If the heritage commission finds that certain build-
ings, structures, or land cannot be preserved without a
change in use, a recommendation shall be made to the
Supp. No. 26
1586.32.4
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~ 36-8A07
ZONING
~ 36-8A08
planning commission or the board of zoning appeals,
whichever is appropriate.
(f) Annually, the heritage commission shall review the
status of the designated heritage landmarks and/or
district and include, in the heritage commission
minutes, a report of such review. Said report shall be
submitted to the city commission within thirty (30)
days of its completion. (Ord. No. 8760, ~ 1, 11-19-79)
Sec. 36-8A08. Public hearing.
The heritage commission shall hold a public hearing on
each tract to be designated 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 application is filed or
within thirty (30) days from the notification of the property
owner of the proceedings in effect.
(a) Notice of hearing. The heritage commission shall hold
at least one public hearing on the proposed designa-
tion, 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 commision shall also mail a written notice of
the public hearing, containing 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.
(b) 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
Supp. No. 26
1586.32.5
~ 36-8A08
SALINA CODE
~ 36-8A09
such report is made, a copy thereof shall be made
available in the office of the heritage commission to
the owner of the affected property and any other
interested person. (Ord. No. 8760, ~ 1, 11-19-79)
Sec. 36-8A09. Certificate of appropriateness review.
(a) No work for which a building permit is necessary
shall commence which would alter the integrity of any
portion of a designated heritage landmark controlled by the
heritage conservation plan until such time as a certificate of
appropriateness has been issued by the heritage commission.
Owners of designated heritage landmarks are encouraged to
contact the heritage commission prior to commencing any
work on the exterior 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 without the authorization of
the heritage commission.
(b) Design standards for exterior alterations of existing
heritage landmarks shall be "The Secretary of Interior's
Standards for Historic Preservation Projects."
(c) When applying for such a certificate, the applicant
shall forward copies of all detailed plans, elevations,
perspectives, specifications and/or other documents pertain-
ing to the work to the heritage commission. The secretary of
the heritage commission 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 appropri-
ateness shall be fourteen (14) days prior to the public
meeting at which the heritage commission shall consider the
application.
(e) Upon review of the application, the heritage commis-
sion shall determine whether the proposed work is in
compliance with the heritage conservation plan and if the
proposed work will adversely affect any historical, architec-
tural, archaeological or cultural feature of the heritage
landmark. The heritage commission shall also determine if
Supp. No. 26
1586.32.6
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ZONING
S 36-8AIO
the proposed work is appropriate and consistent with the
spirit and intent of this ordinance [article.] The heritage
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
building inspector of the heritage commission's action and
if warranted issue a certificate of appropriateness to the
building inspector with a copy to the applicant.
(f) In the event that 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
city commission. The applicant shall have a maximum of
fourteen (14) days to file the appeal. The city commission
shall then, through the secretary of the heritage commis-
sion, contact the state historic preservation 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 applicant on the historic integrity of the
property or structure. Within forty-five (45) days of the
appeal, the city commission 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 inspector with
a copy to the applicant.
(h) No major change shall be made in the proposed work
after the issuance of a certificate of appropriateness without
resubmittal to the heritage commission, and approval
thereof, in the same manner as provided above. (Ord. No.
8760, ~ 1, 11-19-79)
Sec. 36-8AIO. Demolition or removal of heritage
landmark.
If an application is received by the building inspector for
the demolition or removal of any designated heritage
landmark, the heritage commission shall hold a public
hearing within forty-five (45) days after the application is
Supp. No. 26
1586.32.7
* 36-8AIO
SALINA CODE
* 36-900
originally filed to determine the appropriateness of the
demolition, and a recommendation forwarded to the city
commission. Notice of said 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 landmark, the character
of the neighborhood and all other factors which it finds
appropriate. The heritage commission may determine that,
in the interest of preserving historical values, the structure
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
compromise which would allow the structure to remain
intact and may not be reduced. Within the suspension
period, upon advice of the heritage commission, after notice
to the applicant, public hearing and upon determination
that there are reasonable grounds for preservation, the city
commission may extend the suspension period for an
additional period not to exceed ninety (90) days. During the
period of suspension of the applicant, no permit shall be
issued for such demolition or removal, nor shall any person
demolish or remove the building or structure. If no action is
taken by the city commission within two hundred twenty-
five (225) days from the date of application the demolition
permit shall be issued upon demand and the building
inspector shall so advise the applicant. (Ord. No. 8760, ~ 1,
11-19-79)
Sees. 36-8All-36-8A99. Reserved.
ARTICLE IX. SIGNS
See. 36-900. Sign permits.
No sign, except for normal repair and for signs listed in
sections 36-903 and 36-904, shall be painted, constructed,
erected, remodeled, relocated or expanded until a zoning cer-
tificate (sign permit) for such sign has been obtained pursu-
ant to the procedure set forth below. (Ord. No. 8526, ~ 1,
12-13-76)
Supp. No. 26 1586.32.8
e
e
e
~ 36-901
ZONING
~ 36-902
Sec. 36-901. Zoning certificate (sign permit) required.
Sec. 36-901 (1). The zoning certificate (sign permit) must
be obtained from the office of the zoning administrator.
Sec. 36-901 (2). A zoning certificate (sign permit) shall be
either issued or refused by the zoning administrator within
ten (10) days after the receipt of an application therefor or
within such further period as may be agreed to by the appli-
cant. No zoning certificate for any sign shall be issued unless
the sign complies with the regulations of this article.
Sec. 36-901 (3). A zoning certificate (sign permit) shall
become null and void four (4) months after the date on which
it is issued unless within such four-month period, construction,
building, moving, remodeling or reconstruction of a structure
or sign is commenced or a use is commenced. (Ord. No. 8526,
~ 1, 12-13-76)
Sec. 3.6-902. Sign standards.
Sec. 36-902(1). 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 SYmbols mounted
or painted on a wall, the area shall be deemed to be the area
of the smallest rectangular figure which can encompass all of
the letters, numbers or SYmbols.
Sec. 36-902(2). Sign height shall be measured from ground
level at the base of or below the sign to the highest element
of the sign.
Sec. 36-902(3). 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.
Supp. No. 26 1586.32.9
~ 36-902
SALINA CODE
~ 36-902
Sec. 36-902(4). 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.
Supp. No. 26
1586.32.10
e
e
e
~ 36-902
ZONING
~ 36-902
Sec. 36-902(5). No flashing signs are permitted. No ani-
mated signs, signs with moving lights, or signs which create
the illusion of movement shall be permitted in any residential
district, or in any C-1 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 indicating the
time and/or temperature. No revolving beacons shall be al-
lowed in any district.
Sec. 36-902(6). No sign shall block any required accessway
or window.
Sec. 36-902(7). No sign shall be attached to a tree or utility
pole whether on public or private property.
Sec. 36-902(8). On corner and through lots, each lot line
that abuts a street or highway shall be considered a separate
street frontage, and restrictions that are phrased in terms of
"signs per zoning lot" shall be deemed to permit the allowable
number of signs facing each street or highway that abuts the
lot.
Sec. 36-902(9). 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 insu-
lated or otherwise protected.
Sec. 36-902(10). 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.
Sec. 36-902(11). No sign shall be located in any vision tri-
angle formed by the curb lines of any two (2) intersecting
streets, except signs ~ounted ten (10) feet or more above the
ground whose supports do not constitute an obstruction. (See
also section 36-505).
Sec. 36-902(12). No sign shall be permitted to locate on
public property in any district, and no sign shall be permitted
Supp. No. 22
1586.33
~ 36-902
SALINA CODE
~ 36-903
to project over public property except as permitted by awning,
canopy, marquee and wall signs in the C-4 Commercial District.
Sec. 36-902(13). All signs which are more than four (4)
feet above grade shall be securely fastened so as to prevent
movement.
Sec. 36-902(14). Any time a sign is removed from its struc-
tural support, except for the purposes of maintenance, repair,
replacement, repainting or cleaning, 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, repainting or
cleaning, or due to an act of God, if not reinstalled within
thirty (30) days of said removal, then the structural support
shall be removed within twenty-four (24) hours. (Ord. No.
8526, S 1, 12-13-76)
Sec. 36-903. Exemptions.
The following signs shall be exempt from the requirements
of this article:
(a) Flags of a government or of a political, civic, philan-
thropic, educational or religious organization, displayed
on private property.
(b) Signs of a duly constituted governmental body, includ-
ing 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.
(c) Memorial signs and tablets displayed on private prop-
erty.
(d) Address numerals and other signs required to be main-
tained by law or governmental order, rule or regulation,
provided that the content and size of the signs does not
exceed the requirements of such law, order, rule or
regulation.
(e) Small signs, not exceeding five (5) square feet in area,
displayed on private property for the convenience of
Supp. No. 22
1586.34
e
e
e
~ 36-903
ZONING
~ 36-905
the public, including signs to identify entranc'e and exit
drives, parking areas, one-way drives, restrooms,
freight entrances, and the like.
(f) Scoreboards in athletic stadiums.
(g) Political campaign signs not exceeding eight (8) square
feet in area and not displayed for more than twenty-
one (21) days. (Ord. No. 8526, ~ 1, 12-13-76)
See. 36-904. Exemption from zoning certificate requirement.
The following signs shall be exempt from the zoning cer-
tificate (sign permit) requirements of section 36-901, but
shall comply with all of the other requirements. of this article
and of the applicable district regulations:
(a) Illuminated nameplate signs not exceeding two (2)
square feet in gross surface area accessory to a single-
family or two-family dwelling.
(b) Illuminated identification signs not exceeding forty
(40) square feet in gross surface area accessory to a
multiple-family dwelling.
(c) Illuminated bulletin board signs not exceeding forty
(40) square feet in gross surface area accessory to a
church, school or public or nonprofit institution, sub-
ject to the provisions of section 36-902(4).
(d) Illuminated business signs when located on property
used for agricultural purposes and pertaining to the
sale of agricultural products produced on the premises.
(Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-905. Classification of signs-Functional types.
Sec. 36-905(1). Advertising sign. A sign which directs
attention to a business, commodity, service or entertainment
conducted, sold, or offered at a location other than the prem-
ises on which the sign is located, or to which it is affixed
(off-premise sign).
Supp. No. 22
1586.35
~ 36-905
SALINA CODE
~ 36-906
Sec. 36-905(2). Bulletin board sign. 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 announcements of persons, events or activities appear-
ing or occurring at the institution. Such signs may also pre-
sent a greeting or similar message.
Sec. 36-905 (3). B1.U3iness sign. 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.
Sec. 36-905 (4). Construction sign. A temporary sign indi-
cating the names of architects, engineers, landscape architects,
contractors, and similar artisans 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 con-
struction is taking place.
Sec. 36-905(5). Identification sign. A sign having the name
and address of a building, business, development or establish-
ment. Such signs may be wholly or partly devoted to a readily
recognized symbol.
Sec. 36-905(6). Nameplate sign. A sign giving the name
and/or address of the owner or occupant of a building or
premises on which it is located, and where applicable, a pro-
fessional status.
Sec. 36-905 (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. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-906. Classification of signs-Structural types.
Sec. 36-906(1). Awning, canopy and marquee sign. A sign
that is mounted or painted on, or attached to, an awning,
canopy or marquee that is otherwise permitted by this chapter.
Supp. No. 22
1586.36
e
e
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~ 36-906
ZONING
~ 36-907
No such sign shall project more than twenty-four (24) inches
above, below, or twelve (12) inches beyond the physical dimen-
sions of the awning, canopy or marquee, and a minimum of
eight (8) feet of clearance shall be provided above gi-ade.
Sec. 36-906(2). Ground sign. Any sign placed upon, or sup-
ported by, the ground independently of the principal building
or structure on the property. Signs on accessory structures
shall be considered ground signs.
Sec. 36-906(3). 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.
Sec. 36-906(4). Projecting sign. A sign that is wholly or
partly dependent upon a building for support and which pro-
jects more than twelve (12) inches from such building.
Sec. 36-906(5). Wall sign. 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 structure or forms the
background surface, and which does not project more than
twelve (12) inches from such building.
Sec. 36-906(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.
Sec. 36-906(7). Mobile sign. A sign which is designed to be
easily transported and is attached to a trailer or other non-
motive powered vehicle. (Ord. No. 8526, ~ 1, 12-13-76)
See. 36-907. District regulations.
Sec. 36-907(1). A-I Agricultural District.
(a) Functional types permitted. Any type listed in section
36-905.
(b) Structural types permitted. Any type listed in section
36-906.
(c) Number of signs permitted. One per zoning lot provided
that advertising signs shall not be permitted within
Supp. No. 24
1586.37
~ 36-907
SALINA CODE
~ 36-907
five hundred (500) feet of a residence and not closer
than five hundred (500) feet from another advertising
sign.
(d) Maximum gross surface area.
(1) Advertising sign: Four hundred (400) square feet.
(2) All other types: Thirty-two (32) square feet.
(e) Maximum height. Thirty (30) feet.
(f) Required setback. None required, except that any sign
which exceeds two hundred (200) square feet in gross
surface area shall maintain the same setback that is
required for principal structures and in no case shall
a sign project over public property.
(g) Illumination. Illumination of signs is prohibited.
Sec. 36-907(2). RS, R, R-l, R-2, R-3, and MH Residentuu
Dj,stricts and U University District.
(a) Functional types permitted.
1. Bulletin board signs.
2. Construction signs.
3. Identification signs.
4. Nameplate signs.
5. Real estate signs.
6. Business signs (when used in conjunction with a
garage sale).
(b) Structural types permitted.
1. Ground signs.
2. Pole signs.
3. Wall signs.
(c) Number of signs permitted. One per zoning lot, except
that a maximum of three (3) construction signs is per-
mitted.
(d) Maximum gross surface area.
1. Bulletin board signs: Sixteen (16) square feet.
2. Construction signs: Thirty-two (32) square feet.
3. Identification signs: Twelve (12) square feet.
4. Nameplate signs: Two (2) square feet.
5. Real estate signs: Eight (8) square feet per lot,
provided that one sign of not more than one hUD-
Supp. No. 24 .
1586.38
e
e
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~ 36-907
ZONING
~ 36-907
dred (100) square feet in area announcing the sale
of lots and/or houses 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) per cent of the lots in the subdivision or
development have been sold, whichever occurs
sooner.
6. Business signs: Eight (8) square feet per lot.
(e) Maximum height.
1. All signs shall be placed flat against a building
or designed as part of an architectural 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.
2. 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.
(f) Required setback. All signs, except real estate and con-
struction signs, shall maintain the same setback re-
quired for principal structures.
(g) Illumination. No sign shall be illuminated, except that
bulletin board signs may be indirectly illuminated so as
to avoid the direct casting of light upon any residential
building.
Sec. 36-907(3). C-l Restricted Business District.
(a) Functional types permitted. Any type listed in section
36-905, except advertising signs.
(b) Structural types permitted. Any type listed in section
36-906, except roof signs, projecting signs, and mobile
signs.
(c) Number of signs permitted.
1. Ground sign: One per zoning lot.
2. Pole sign: One per zoning lot.
3. Others: Two (2) per zoning lot.
Supp. No. 24
1586.39
~ 36-907
SALINA CODE
~ 36-907
(d) 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.
(e) Maximum height.
1. All signs shall be placed flat against a building
or designed as part of an architectural feature
thereof except that signs may be detached if they
do not exceed a height of eight (8) feet or project
into any required building setback area.
2. No height limit is specified for signs placed flat
against or painted on the wall of a building, or
for other attached signs provided all . other provi-
sions of this section are complied with.
(f) Required setback. Entire sign shall be set back ten (10)
feet.
(g) Illumination. Illuminated signs shall be permited.
Sec. 36-907(4). C-2 Neighborhood Shopping District.
(a) Functional types permitted. Any type listed in section
86-905, except advertising signs.
(b) Structural types permitted. Any type listed in section
86-906, except mobile signs, projecting signs, and roof
signs.
(c) Number of signs permited. Two (2) per business.
(d) Maximum gross surface area. One square foot of sign
area for each lineal foot of building frontage.
(e) Maximum height. Thirty (30) feet.
(f) Required setback. No minimum setback, except that pole
sign supports must maintain a ten-foot setback.
(g) Illumination. Illuminated signs shall be permitted.
Sec. 36-907(5). C-3 and C-4 Commercial Districts.
(a) Functional types permitted. Any type listed in section
86-905, except advertising signs.
Supp. No. 24
1586.40
e
e
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~ 36-907
ZONING
~ 3e-907
(b) Structural types permitted. Any type listed in section
36-906, except that mobile signs shall be prohibited in
the C-4 District.
(c) Number of signs permitted. No maximum limitation.
(d) Maximum gross surface area. Four (4) square feet of
sign area for each lineal foot of building frontage.
(e) 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.
(f) Required setback. No minimum requirement, except
that no sign shall project over or be located on public
property, except as provided in section 36-902(12).
(g) Illumination. Illuminated signs shall be permitted.
Sec. 36-907(6). C-5 and C-6 Commercial Districts.
(a) Functional types permitted. Any type listed in section
36-905.
(b) Structural types permitted. Any type listed in section
36-906.
(c) Number of signs pennitted. No limitation.
(d) Maximum gross surface area.
1. Four (4) square feet of sign area for each lineal
foot of building frontage.
2. Where no building frontage exists, four (4) square
feet of sign area for each lineal foot of street
frontage.
(e) 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.
*Ground signs located within six hundred sixty (660)
feet of a major arterial street which carries a classifi-
cation as a freeway, interstate, etc.
(f) Required setback. None required, except that any sign
which exceeds two hundred (200) square feet in groSS
Supp. No. 24
1686.41
~ 36-907
SALINA CODE
~ 36-907
surface area shall maintain the same setback required
for principal structures, and in no case shall a sign
project over public property.
(g) Illumination. Illuminated signs shall be permitted.
Sec. 36-907(7). 1-1 IndustmZ Park District.
(a) Functional types permitted. Any type listed in section
36-905, except advertising signs.
(b) Structural types permitted. Any type listed in section
36-906, except roof signs.
(c) Number of signs permitted. Two (2) per establishment.
(d) Maximum gross surface area. One square foot for each
two (2) feet of lineal street frontage.
(e) Maximum height. Thirty (30) feet.
(f) Required setback. Ten (10) feet.
(g) Illumination. Illuminated signs shall be permitted.
Sec. 36-907(8). 1-2 and 1-3 Industrial Districts.
(a) Functional types permitted. Any type listed in section
36-905.
(b) Structural types permitted. Any type listed in section
36-906.
(c) Number of signs permitted. No limitation.
(d) Maximum gross surface area. Four (4) square feet for
each lineal foot of street frontage.
(e) Maximum height.
1. Roof sign: Thirty (30) feet above the highest
point of the structure on which the sign is located.
2. All other signs: Thirty (30) feet.
(f) Required setback. None required.
(g) Illumination. Illuminated signs shall be permitted. (Ord.
No. 8526, ~ 1, 12-13-76; Ord. No. 86-63, ~ 2, 9-25-78)
Supp. No. 24
1586.42
e
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~ 36-908
ZONING
~ 36-1000
Sees. 36-908-36-999. Reserved.
ARTICLE X. OFF-STREET PARKING AND LOADING
See. 36-1000. Off-street parking.
Sec. 36-1000(1). Applicability. In any zoning district, all
structures built and all uses established hereafter shall pro-
vide accessory off-street parking in accordance with the fol-
lowing regulations. When an existing structure or use is
expanded, accessory off-street parking shall be provided in
accordance with the following regulations for the total area
or capacity of such expansion.
Sec. 36-1000(2). Standards for required off-street parking.
(a) Utilization. Required accessory off-street parking facil-
ities provided for the uses hereinafter listed shall be
solely for the parking of motor vehicles in operating
condition of patrons, occupants, 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, columns, 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 parking space.
(d) Open and enclosed parking. No off-street parking,
driving, or maneuvering areas open to the sky shall
cover more than sixty (60) per cent 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 determining whether off-
street parking requirements have been met except
in the instance of single-family and two-family dwell-
ings. Enclosed buildings and carports containing off-
street parking shall be subject to the yard require-
ments applicable to the district in which located.
Supp. No. 23 1586.43
~ 36-1000
SALINA CODE
~ 36-1000
(e) Design and maintenance.
1. Design. Off-street parking spaces shall comply
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 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 con-
taining more than six (6) parking spaces shall be
effectively screened on each side that adjoins any
property situated in a single-family residential dis-
trict 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 damage
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 residen-
tial properties in such a way as not to interfere
with the residential use.
5. Repair and service. No motor vehicle repair work
or service of any kind shall be permitted in associa-
tion with any off-street parking facilities.
6. Computation. When determination of the number
of off-street parking spaces required by these reg-
ulations results in a requirement of a fractional
space, the fraction of one-half (1;2) or less may be
disregarded, and a fraction in excess of one-half
(1;2) shall be counted as one parking space.
7. Collective provisions. Off-street parking facilities
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 cover-
Supp. No. 23
1586.44
e
~ 36-1000
e
e
Supp. No. 22
ZONING
~ 36-1000
8.
ing the location of accessory parking spaces in rela-
tion to the use served are adhered to.
Location. All parking spaces required to serve
buildings or uses shall be located on the same zon-
ing lot or in the same zoning district as such build-
ing or use, except that such parking spaces may
be provided in an adj acent zoning district if such
district allows parking lots or parking garages as
a permitted use. But in no instance shall required
off-street parking be located more than six hun-
dred (600) feet (as measured along lines of public
access) from the use which it serves.
Employee parking. Parking spaces required on an
employee basis shall be based on the maximum
number of employees on duty or residing, or ex-
pected to be on duty or residing, or both, on the
premises at anyone time, at the same time as the
building permit is issued.
Maximum number of spaces. The total number of
accessory parking spaces provided for a single-
family, a two-family or multiple-family dwelling
shall not exceed that required by this article, for
such use or for any equivalent new use by more
than fifty (50) per cent or four (4) spaces, which-
ever number is greater.
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 Business Districts except residences,
and those uses specifically required to provide
parking.
Determination of required spaces. When determin-
ing the required number of off-street parking
spaces for apartment houses, lodging, boarding or
rooming houses, fraternity, sorority and dormi-
tories, an occupant shall mean an individual sepa-
rate and distinct from the immediate family of the
owner, landlord, or operator.
9.
10.
11.
12.
1586.45
~ 36-1000
SALINA CODE
~ 36-1000
Sec. 36-1000(3). Off-street parking space :requirements. Off-
street parking spaces accessory to the uses hereinafter desig-
nated shall be provided as follows:
(a) Dwelling and lodging uses.
1. Hotels and motels: At least two (2) parking
spaces; plus one (1) parking space for each rental
unit, plus such spaces as are required for restau-
rants, assembly rooms and affiliated facilities.
2. Single-family and two-family dwellings: At least
two (2) parking spaces for each dwelling unit.
3. Three-family and multiple-family dwellings: At
least two (2) parking spaces per unit.
4. Multiple-family dwellings for elderly and/or handi-
capped persons: At least one (1) parking space for
each unit for the first twenty (20) units and a
total number of spaces equal to seventy-five (75)
per cent of the total number of units or twenty
(20) spaces, whichever is greater.
5. Lodging houses: One (1) parking space for each
lodging room.
6. Dormitories, fraternities, sororities and other
lodging facilities and rooms for unmarried stu-
dents: 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 cent of the total number of occupants or twenty
(20) spaces whichever is greater.
7. Mobile home parks: At least two (2) parking
spaces for each mobile home.
(b) Commercial and industrial uses.
1. All business and commercial establishments, except
those specified hereafter: At least one (1) parking
space for each three hundred (300) square feet of
floor area, plus one (1) parking space for each
full-time employee.
2. Retail stores: At least one (1) parking space for
each two hundred fifty (250) square feet of floor
area.
Supp. No. 22
1586.46
e
~ 36-1000
e
e
ZONING
~ 36-1000
3.
Automobile service stations: At least two (2) park-
ing spaces for each service bay, plus one (1) space
for each employee, but not less than a total of five
(5) parking spaces.
Banks and financial institutions: At least one (1)
parking space for each two hundred (200) square
feet of floor area.
Dental clinics and medical clinics: At least three
(3) parking spaces for each examination or treat-
ment room, plus one (1) space for each doctor and
employee of the building.
Office and professional buildings: At least one (1)
parking space for each three hundred (300) square
feet of floor area.
Cartage, express, parcel delivery and freight ter-
minal establishments: At least one (1) parking
space for each two (2) employees as related to the
working period when the maximum number of per-
sons is employed on the premises, and one (1)
parking space for each vehicle maintained on the
premises.
Establishments handling the sale and consumption
on the premises of food, beverages, and refresh-
ments: At least one (1) parking space for each
three (3) persons based upon the maximum num-
ber of persons that can be accommodated at the
same time in accordance with the designed capac-
ity, provided that drive-in restaurants shall have a
minimum of at least ten (10) parking spaces.
Furniture stores, appliance stores, new and used
motor vehicle showrooms and sales facilities, used
car lots, and mobile home and trailer sales rental
lots: At least one (1) parking space for each four
hundred (400) square feet of enclosed floor area
and at least one (1) parking space for each three
thousand (3,000) square feet of open lot area de-
voted to the sale and display of motor vehicles.
Manufacturing, production, processing, assembly,
disassembly, cleaning, servicing, testing, or repair-
4.
5.
6.
7.
8.
9.
10.
Supp. No. 23, Rev.
1586.47
~ 36-1000
SALINA CODE
~ 36-1000
ing of goods, materials or products: At least one
(1) parking space for each three (3) employees as
related to the working period when the maximum
number of persons is employed on the premises.
11. Automobile wrecking yards: At least one (1) park-
ing space for each two (2) employees, plus one (l)
parking space for each ten thousand (10,000)
square feet of storage area.
12. Car washing facilities: At least four (4) parking,
holding and drying spaces for each stall in a self-
service establishment, and at least six (6) parking,
holding and drying spaces for each twenty (20)
linear feet in attendant operated establishments.
13. Bowling alleys: At least five (5) parking spaces
for each bowling lane, plus such additional space
as may be required herein for affiliated uses such
as restaurants and other similar uses.
14. Theatres: At least one (1) parking space for each
four (4) seats.
15. Undertaking establishments and funeral parlors:
At least one (1) parking space for each four (4)
seats, based upon the designed maximum capacity
of the parlor, plus at least one (1) parking space
for each employee and one (1) parking space for
each vehicle maintained on the premises.
16. Warehouse, storage, and wholesale establishments:
At least one (1) parking space for each two (2)
employees as related to the working period when
the maximum number of persons is employed on
the premises.
17. Mini-warehouses: At least one (1) space for each
ten (10) storage cubicles or five (5) spaces, which-
ever is greater, equally distri.buted throughout the
storage area, plus two (2) spaces for any man-
ager's quarters, plus one (1) space for every
twenty-five (25) storage cubicles or two (2)
spaces, whichever is greater, to be located at the
project office for the use of prospective clients.
Supp. No. 23, Rev.
1586.48
e
e
e
~ 36-1000
ZONING
~ 36-1000
(c) Other uses.
1. Secondary schools, public or private: At least one
(1) parking space for each faculty member and
other full-time employees and one (1) parking
space for each eight (8) students, based upon the
maximum number of students attending classes on
the premises at anyone time in any twenty-four-
hour period.
2. Primary and intermediate schools, nursery schools,
and group day care centers, public or private: At
least one (1) parking space for each faculty mem-
ber and other full-time employee.
3. 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.
4. Hospitals: At least one (1) parking space for each
hospital bed, plus one (1) parking space for each
two (2) employees (other than doctors), plus one
(1) parking space for each doctor assigned to the
staff.
5. Nursing and convalescent homes: Six (6) parking
spaces for the first three thousand (3,000) square
feet of floor area and one (1) parking space for
each additional one thousand (1,000) square feet,
with a minimum of six (6) parking spaces per
establishment.
6. Churches and temples: At least one (1) parking
space for each four (4) seats.
7. Private clubs and lodges: At least one (1) parking
space for each three (3) persons, based on the
maximum number of persons that can be accommo-
dated at the same time in accordance with designed
capacity.
8. Swimming pools and clubs: At least one (1) park-
ing space for each thirty-five (35) square feet of
water area.
9. Auditoriums, gymnasiums and other places of as-
sembly with fixed seats: At least one (1) parking
Supp. No. 23
1586.49
~ 36-1000
SALINA CODE
~ 36-1001
space for each three (3) persons, based upon the
designed maximum capacity.
10. Auditoriums, gymnasiums and other places of as-
sembly without fixed seats: At least one (1) park-
ing space for each three (3) persons, based upon
the designed maximum capacity.
11. Parking spaces for other permitted or special uses
not listed above shall be provided in accordance
with the determination of the zoning administrator
with respect to the number of spaces that are re-
quired to serve employees and/or the visiting pub-
lic at each such use. (Ord. No. 8526, ~ 1, 12-13-76;
Ord. No. 8630, ~ 8, 3-27-78)
Sec. 36-1001. Off-street loading.
Sec. 36-1001 (1). Applicability. In any zoning district, all
structures built and all uses established hereafter, shall pro-
vide accessory off-street loading spaces. When an existing
structure is expanded, accessory off-street loading spaces shall
be provided in accordance with the following regulations for
the area of such expansion.
Sec. 36-1001(2). 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 completely screened there-
from 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 located within forty (40) feet of the nearest
point of intersection of any two (2) streets or high-
ways.
(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 verti-
cal clearance of at least fourteen (14) feet.
Supp. No. 23
1586.50
e
e
e
~ 36-1001
ZONING
~ 36-1001
(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 facil-
ities 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 facil-
ities are required, shall be provided with adequate re-
ceiving facilities, accessible by motor vehicle, from any
adjacent alley, service drive, or open space on the same
lot.
Sec. 36-1001 (3). Off-street loading berth requirements.
(a) No off-street loading facilities are required in any resi-
dential district, except that elementary and intermediate
schools shall provide at least one (1) loading space for
passenger automobiles 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 dis-
trict, 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 include the following minimum off-street loading
spaces:
Supp. No. 23
1586.51
~ 36-1001
SALINA CODE
~ 36-1001
1. For banks, medical and dental clinics, and business
and professional offices: 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 fraction thereof
up to five hundred thousand (500,000) square feet,
one (1) additional loading berth shall be provided,
plus one (1) additional loading berth for each addi-
tional 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 alleys, pool
halls, dance halls, gymnasiums, indoor and outdoor
theatres, swimming pools, skating rinks and other
similar amusement establishments: One (1) loading
berth shall be provided for each building that con-
tains one thousand (1,000) to one hundred thou-
sand (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 loading berth
shall be provided.
3. For hotels and motels, meeting halls, service and
fraternal clubs and lodges, funeral parlors and
mortuaries: One (1) loading berth shall be pro-
vided for buildings containing one thousand (1,000)
to one hundred fifty thousand (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
buildings 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.
Supp. No. 23 1586.52
e
e
e
A 36-1001
ZONING
~ 36-1099
4.
For all other uses in the C-l through C-6 Districts,
except mini-warehouses which require none load-
ing facilities shall be provided in accordance with
the following table:
Gross Floor
Area of Structure
in Square Feet
1,000 to 9,999
10,000 to 24,999
25,000 to 39,999
40,000 to 100,000
Required Number
and Size of
Loading Berths
1 (10 feet by 25 feet)
2 (10 feet by 25 feet each)
2 (10 feet by 60 feet each)
3 (10 feet by 60 feet each)
For each additional two hundred thousand (200,-
000) square feet of gross floor area, or any fraction
thereof, over one hundred thousand (100,000)
square feet of gross floor area, one (1) additional
loading berth shall be provided. Each such addi-
tionalloading berth shall be at least ten (10) feet
in width by sixty (60) feet in length.
5. For all uses in the 1-1, 1-2, and 1-3 Industrial Dis-
tricts, except mini-warehouses which require none,
loading facilities shall be provided in accordance
with the following table:
Gross Floor Required Number
Area of Structure and Size of
in Squa.re Feet Loading Berths
1,000 to 9,999 1 (10 feet by 25 feet)
10,000 to 39,999 1 (10 feet by 60 feet)
40,000 to 100,000 2 (10 feet by 60 feet each)
For each additional one hundred thousand (100,-
000 ) square feet of gross floor area, or any frac-
tion thereof, one (1) additional loading berth shall
be provided. Each such additional berth shall be
at least ten (10) feet in width and sixty (60) feet
in length. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No.
8599, ~ 1, 9-12-77; Ord. No. 8630, ~ 9, 3-27-78)
Sees. 36.1002-36.1099. Reserved.
Supp. No. 23
1686.63
~ 36-1100
SALINA CODE
~ 36-1101
ARTICLE XI. NONCONFORMING USES, BULK AND SIGNS
Sec. 36-1100. Applicability.
This article applies only to lots, buildings, structures, signs
and nonbuilding uses in existence on the effective date of
these regulations. The lawful use of any premises existing on
the effective date of these regulations may be continued as
hereinafter provided although neither such use nor bulk con-
forms to these regulations. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-1101. Nonconforming lots of record.
Sec. 36-1101 (1). In residential districts.
(a) In any residential district, notwithstanding the regu-
lations imposed by any other provision of this chapter,
a single-family, detached dwelling which complies with
the restrictions in section 36-1101 (1) (b) may be erected
on a lot that is not less than twenty-five (25) feet in
width and that consists entirely of a tract of land that:
1. Has less than the prescribed minimum lot area,
width or depth, or all three (3); and that
2. Is shown by a recorded plat or deed to have been
owned separately and individually 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 ordinance;
and
3. Has remained in separate and individual ownership
from adjoining tracts of land continuously during
the entire time that the creation of such lot has
been prohibited by the applicable zoning ordinance
or ordinances.
(b) Construction permitted by section 36-1101 (1) (a) shall
comply with all of the regulations (except lot area,
width and depth) applicable to single-family dwellings
in the zoning district in which the lot in question is
located; provided, however, that the following side yard
requirements shall apply in place of the side yard re-
quirements otherwise applicable:
Supp. No. 23
1586.54
e
~ 36-1101
ZONING
~ 36-1101
1. The dwelling shall be placed on the lot so as to
provide. a yard on each side of the dwelling.
2. The sum of the widths of the two (2) side yards
on each lot shall be not less than the smaller of:
a. Twenty-five (25) per cent of the width of the
lot, or
b. The minimum total for both side yards pre-
scribed by the bulk regulations for said zoning
district.
3. No side yard shall be less than ten (10) per cent
of the width of the lot, and in no case less than
three (3) feet.
Sec. 36-1101 (2). In districts other than residential districts.
(a) In any district other than a residential district, not-
withstanding the regulations imposed by any other pro-
e
e
Supp. No. 23
1586.54.1
e
e
e
~ 36-1101
ZONING
~ 36-1102
vision of this chapter, a building designed for any
permitted use may be erected on a lot of the type
described in section 36-11 0 1 (1) (a) .
(b) Construction permitted by section 36-1101(2) (a) shall
comply with all of the regulations (except lot area,
width and depth) applicable in the zoning district in
which the lot in question 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):
Minimum side yard required by
x district regulations
Actual lot width Minimum lot width required by
district regulations
(Ord. No. 8526, 9 1, 12-13-76)
Sec. 36-1102. Nonconforming structures.
Sec. 36-1102(1). 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 applicable bulk regulations, may be continued, so long as
it remains otherwise lawful, subject to the restrictions in sec-
tion 36-1102(2) through 36-1102(4).
Sec. 36-1102(2). Enlargement, repair, alterations. Normal
maintenance and repairs, structural alterations, enlargement,
or remodeling of a building or structure with nonconforming
bulk is permitted if the same does not increase the degree of
existing nonconformity or create any new nonconforming bulk
in such building or structure, except that as to structures
located on a lot that does not comply with the applicable lot
size requirement, the side yard requirements shall be deter-
mined by section 36-1101(1) (b) or 36-1101(2) (b), whichever
is applicable.
Sec. 36-1102(3). Damage or destruction. No buildings or
structures occupied by a nonconforming use or nonconforming
as to bulk, destroyed or damaged by fire or other causes to
Supp. No. 22
1586.55
~. 36-1102
SALINA CODE
~ 36-1103
the extent of fifty (50) per cent or more of last full value as
shown by the assessor's records, excluding the assessed valua-
tion of the land, shall be repaired or rebuilt except in conform-
ity with these regulations, provided that structures located on
a lot that does not comply with the applicable lot size require-
ments shall not in any event be required to provide a side yard
that exceeds the yard requirements in section 36-1101(1) (b)
or 36-1101 (2) (b), Whichever is applicable. Any building, struc-
ture or any part thereof occupied by a nonconforming use or
nonconforming as to bulk which is damaged to an extent less
than fifty (50) per cent of last full value as shown by the as-
sessor'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 (1) year after such damage and is diligently pursued to
completion. Otherwise such building, structure or part thereof
shall thereafter be occupied only by a conforming use, and
shall conform to the bulk requirements of these regulations.
Sec. 36-1102(4). Moving. No structure described in section
36-1102 (1) 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. (Ord. No. 8526, S 1, 12-13-76)
Sec. 36-1103. Nonconforming uses.
Sec. 36-1103(1). Authority to continue. Any lawfully exist-
ing nonconforming use or part or all of a structure or any
lawfully existing nonconforming use of land, not involving a
structure or only involving 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 section 36-1103(2)
through 36-1103(9) and section 36-1105(3).
Sec. 36-1103(2). Repair, maintenance and remodeling.
(a) Normal maintenance and incidental repair, or replace-
ment, installation or relocation of nonbearing walls,
non bearing partitions, fixtures, wiring or plumbing,
Supp. No. 22
1586.56
e
e
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~ 36-1103
ZONING
~ 3G-1103
may be performed on any structure that is devoted in
whole or in part to "a nonconforming use; provided,
however, that it does not extend the nonconforming
use or violate any other provisions of this article.
(b) Nothing in this chapter shall be deemed to prevent the
strengthening or restoring to a safe condition of a struc-
ture 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 orders its
restoration to a safe condition (where such restoration
will not be in violation of any other provision of this
article) .
(c) No structure that is devoted in whole or in part to a
nonconforming use shall be remodeled unless the entire
structure and use thereof shall thereafter conform to
all regulations of the zoning district in which it is
located.
Sec. 36-1103(3). 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 man-
ner unless such structure and the use thereof conform to the
regulations of the district in which it is located. Such pro-
hibited activities shall include without being limited to:
(a) Extension of such use to any structure or land area
other than one occupied by such nonconforming use on
the effective date of these regulations (or on the effec-
tive date of a subsequent amendment hereto that causes
such use to become nonconforming).
(b) Extension of such use within a building or other struc-
ture to any portion of the floor area that was not
occupied by such nonconforming use on the effective
date of these regulations (or on the effective date of
a subsequent amendment hereto that causes such use to
become nonconforming) ; provided, however, that such
use may be extended throughout any part of such build-
ing or other structure that was lawfully and manifestly
designed or arranged for such use on such effective
date.
Supp. No. 22
1586.57
~ 36-1103
SALINA CODE
~ 36-1103
Sec. 36-1103(4). Damage or destruction. No building or
structure occupied by a nonconforming use or nonconforming
as to bulk, destroyed or damaged by fire or other causes to
the extent of fifty (50) per cent or more of last full value
as shown by the assessor's records, excluding the assessed valu-
ation of the land, shall be repaired or rebuilt except in con-
formity with these regulations; provided that structures lo-
cated 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 36-
1101(1) (b) or 36-1101(2) (b), whichever is applicable. Any
building, structure or any part thereof occupied by a noncon-
forming use or nonconforming as to bulk, which is damaged
to an extent less than fifty (50) per cent of last full value
as shown by the assessor's records, excluding the assessed valu-
ation 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 dili-
gently pursued 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.
Sec. 36-1103(5). 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 struc-
ture and the use thereof shall thereafter conform to all regu-
lations 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 whatever, to any other loca-
tion on the same or any other lot, unless such use shall there-
after conform to all regulations of the zoning district in which
it is located after being so moved.
Sec. 36-1103(6). Change in use. A nonconforming use shall
not be changed to any use other than a use permitted in the
zoning district in which the use is located. When a noncon-
forming use has been changed to any permitted use, it shall
not thereafter be changed back to a nonconforming use.
Supp. No. 22
1586.58
e
e
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~ 36-1103
ZONING
~ 36-1103
Sec. 36-1103(7). Abandonment or discontinuance.
(a) When a nonconforming use of land, not involving a
structure, or involving only a structure which is acces-
sory to the nonconforming use of land, is discontinued
or abandoned, 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 sub-
sequent use or occupancy of such land shall comply
with the regulations of the zoning district in which
such land is located.
(b) When.a nonconforming use of a part or all of a struc-
ture which was designed and intended for a use which
is permitted in the zoning district in which such struc-
ture is located, regardless of how it was originally used
or is presently being used, is discontinued or abandoned
for a period of twelve (12) consecutive months (regard-
less 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
occupancy of such structure shall comply with the regu-
lations of the zoning district in which such structure is
located.
(c) When a nonconforming use of a part or all of a struc-
ture which was not designed and intended for any 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 twenty-four (24) 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 subse-
quent use or occupancy of such structure shall comply
with the regulations of the zoning district in which
such struture is located.
Sec. 36-1103(8). Nonconforming accessory uses. No use
which is accessory to a principal nonconforming use shall con-
tinue after such principal use shall cease or terminate.
Supp. No. 22
1586.59
~ 36-1103
SALINA CODE
~ 36-1105
Sec. 36-1103(9). Nonconfm'ming residential uses. Notwith-
standing the provisions of section 36-1103(2) and 36-1103(3),
any structure which is devoted to a residential use and which
is located in a commercial or industrial district, may be re-
modeled, extended, expanded and enlarged; provided that after
any such remodeling, 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.
Sec. 36-1103(10). Status of newly created nonconforming
uses. Notwithstanding the provisions of section 36-1103(3)
and 36-1103(4), any structure which is devoted in whole or
in part to a use which is made nonconforming by the enact-
ment of these regulations, may be remodeled, extended, ex-
panded, enlarged, repaired, or rebuilt; provided, however that
the provisions of this section apply only to the use which
existed at the time of adoption of these regulations. (Ord.
No. 8526, ~ 1, 12-13-76)
See. 36-1104. Status of conditional uses.
Sec. 36-1104(1). Status of existing conditional 'Uses. Where
a use exists at the effective date of these regulations and is
permitted these regulations 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.
Sec. 36-1104(2). Status of future conditional uses. Any use
for which a conditional use permit has been issued as provided
in Article XII of this chapter shall not be deemed to be a
nonconforming use, but shall, without further action, be
deemed a lawful conforming use. (Ord. No. 8526, ~ 1,12-13-76)
Sees. 36-1105. Nonconforming signs.
All existing signs which are not specifically permitted or
which do not comply with all of the provisions of these regu-
Supp. No. 22
1586.60
e
e
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~ 36-1105
ZONING
~ 36-1105
lations for the zoning district in which it is located, as of the
date of adoption of these regulations, shall be considered non-
conforming signs.
Sec. 36-1105(1). Repairs and damage. Nonconforming signs
may not, after the effective date of these regulations
be enlarged, structurally altered or extended unless such
sign shall be made to comply with all of the provisions
of these regulations, except that normal repairs and
repainting of nonconforming signs are permitted. When
a permanent nonconforming sign is destroyed or dam-
aged by any means to the extent of fifty (50) per cent
or more of its present day replacement value, it shall
not thereafter be restored unless such sign shall be made
to conform to all of the provisions of these regulations.
Sec. 36-1105(2). 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:
(a) A sign having a total area of twenty-four (24)
square feet or less which is located in any residen-
tial district shall be removed within two (2) years
from the date such sign became nonconforming
with respect to these regulations.
(b) All other signs located in any residential district
shall be removed within four (4) years from the
date such sign became nonconforming with respect
to these regulations.
Sec. 36-1105(3). Nonconforming open storage yards, autdoor
display or junk yards. Any nonconforming open storage
yard, outdoor display or junk yard or any other non-
conforming 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 zoning district in which located
within two (2) years from the date such use became
nonconforming with respect to these regulations. How-
ever no such use shall be required to terminate if within
said period it shall be located within a completely
Supp. No. 22
1586.61
~ 36-1105
SALINA CODE
~ 36-1200
enclosed building or surrounded by a solid fence screen-
ing the stored goods or materials from general view.
(Ord. No. 8526, S 1, 12-13-76)
Sees. 36-1106-36-1199. Reserved.
ARTICLE XII. ADMINISTRATIVE PROVISIONS
Sec. 36-1200. Enforcement.
Sec. 36-1200(1). Enforcement officer. These regulations
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 these regulations as shall
be approved from time to time by the city as follows:
(a) Approve and issue all zoning and occupancy certificates
and make and maintain records thereof.
(b) Conduct inspections of buildings, structures and uses
of land to determine compliance with the provisions of
these regulations.
(c) Receive, file, and forward to the board of zoning appeals
the records of all appeals and all applications for con-
ditional uses and variances.
(d) Maintain permanent and current records of the zoning
regulations, including but not limited to, all zoning
maps, amendments, special uses, variances, appeals and
applications thereof and records of hearings thereon.
(e) Prepare and have available in book, pamphlet or map
form, on or before March 31st of each year:
1. The compiled text of the zoning regulations and
amendments thereto, including all amendments
adopted through the preceding December 31st, and
2. A zoning map or maps, showing the zoning dis-
tricts, divisions and classifications in effect on the
preceding December 31st.
Supp. No. 22
1586.62
e
e
e
~ 36-1200
ZONING
~ 36-1200
(f) 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.
(g) Provide such clerical, technical and consultative assist-
ance as may be required by the board of zoning appeals
and other boards, commissions and officials in the exer-
cise of their duties relating to these regulations.
Sec. 36-1200(2). Zoning certificates and certificates of occu-
pancy granted only in conformance with regulations.
(a) Zoning certificates. Unless a zoning certificate shall
first have been obtained from the office of the zoning
administrator:
1. The construction, building, moving, remodeling or
reconstruction of any structure shall not be com-
menced;
2. 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;
3. Any zoning certificate issued in conflict with these
regulations shall be null and void.
(b) Occupancy certificates. No structure or addition there-
to constructed, built, moved, remodeled, or reconstructed
after the effective date of these regulations shall be
occupied or used for any purpose; and no land vacant
on the effective date of these regulations 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 proposed
use or occupancy complies with all the provisions of
these regulations.
Sec. 36-1200(3). Zoning certificate.
(a) Application for zoning certificate. Every application
for a zoning certificate shall be accompanied by a plot
plan, in duplicate, drawn to scale and in such form as
Supp. No. 22
1586.63
~ 36-1200
SALINA CODE
~ 36-1200
may, from time to time, be prescribed by the zon-
ing administrator, showing the location, ground area,
height, and bulk of all present and proposed structures,
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 enforcement of
these regulations. One copy of the plot plan shall be
retained by the zoning administrator as a public record.
(b) Issuance of zoning certificate. A zoning certificate 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 administrator
refuses to issue a zoning certificate, he shall -advise
the applicant in writing of the reasons for the refusal.
(c) 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-month period con-
struction, building, moving, remodeling or reconstruc-
tion of a structure is commenced or a use is commenced.
Sec. 36-1200(4). Occupancy certificate.
(a) Application for occupancy certificate. Every application
for a zoning certificate shall be deemed to be an appli-
cation for an occupancy certificate. Every application
for an occupancy certificate for a new or changed use
of land or structures where no zoning certificate is
required 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.
(b) Issuance of occupancy certificate. No occupancy certifi- .
cate for a structure or addition thereto constructed,
built, moved, remodeled or reconstructed after the effec-
tive date of these regulations shall be issued until such
work has been completed and the premises inspected
Supp. No. 22
1586.64
e
~ 36-1200
ZONING
~ 36-1201
e
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 certificate was
issued. No occupancy certificate for a new use of any
structure or land shall be issued until the premises
have been inspected and certified by the office of the
zoning administrator to be in full and complete compli-
ance with all the applicable regulations for the zoning
district in which it is located. Pending the issuance of
a permanent occupancy certificate, a temporary occu-
pancy certificate 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 occu-
pancy of the premises. An occupancy certificate shall
be issued, or written notice shall be given to the appli-
cant stating 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 writing that the structures
or premises are ready for occupancy. (Ord. No. 8526,
~ 1, 12-13-76)
Sec. 36-1201. Board of zoning appeals.
Sec. 36-1201 (1). Authorization. A board of zoning appeals
shall be established by the governing body of the city as pre-
scribed by Kansas Statutes Annotated, Sections 12-714 and
12-715, and shall have all of the powers and duties as pre-
scribed therein.
Sec. 36-1201 (2). Additional powers and duties. The board
of zoning appeals shall have the following additional powers
and duties:
(a) To hear and decide applications for conditional use per-
mits in the manner and subject to the procedure and
standards set out below:
1. Authorization. The board of zoning appeals may
authorize, as an exception to the provisions of
these regulations, the establishment of those con-
e
Supp. No. 22
1586.65
~ 36-1201
Supp. No. 22
SALINA CODE
~ 36-1201
2.
ditional uses that are expressly authorized to be
permitted as a conditional use in a particular zon-
ing district or in one or more zoning districts. No
conditional use shall be authorized as an exception
to these regulations unless the board of zoning
appeals is specifically authorized, by this chapter
to grant such conditional use and unless such grant
complies with all of the applicable provisions of
these regulations.
Application for conditional use permit. An appli-
cation 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 welI as such additional information
as may be prescribed by rule of the board of zoning
appeals.
a. A statement or diagram showing compliance
with any special conditions or requirements
imposed upon the particular conditional use
by the applicable district regulations or section
36-1201(2) (a)5 of this chapter, if applicable.
b. A statement as to why the proposed condi-
tional use will not cause substantial injury to
the value of other property in the neighbor-
hood.
c. A statement as to how the proposed conditional
use is to be designed, arranged and operated
in order to permit the development and use of
neighboring property in accordance with {he
applicable district regulations.
d. Present data in support of the standards speci-
fied in section 36-1201 (2)(a)4.
Hearing on conditional use permit. A hearing on
the application shall be held and notice thereof
given as provided by the rules and regulations of
the board of zoning appeals.
3.
1586.66
e ~ 36-1201 ZONING ~ 36-1201
4. 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 written findings of fact directly based upon
the particular evidence presented to it, that support
all of the following conclusions:
a. The proposed conditional use complies with all
applicable regulations of this chapter, includ-
ing lot size requirements, bulk regulations, use
limitations, and performance standards.
h. The proposed conditional use at the specified
location will contribute to and promote the wel-
fare or convenience of the public.
c. The proposed conditional use will not cause
substantial injury to the value of other prop-
erty in the neighborhood in which it is to be
located.
d. The location and size of the conditional use,
the nature and intensity of the operation in-
e volved or conducted in connection with it, and
the location of the site with respect to streets
giving access to it are such that the conditional
use will not dominate the immediate neighbor-
hood so as to prevent development and use of
neighboring property in accordance with the
applicable zoning district regulations. In deter-
mining whether the conditional use will so
dominate the immediate neighborhood, con-
sideration shall be given to:
(i) The location, nature and height of build-
ings, structures, walls and fences on the
site, and
(ii) The nature and extent of landscaping and
screening on the site.
e. Off-street parking and loading areas will be
provided in accordance with the standards set
forth in Article X of this chapter, and such
areas will be screened from adjoining resi-
dential uses and located so as to protect such
e residential uses from any injurious effect.
Supp. No. 22 1586.67
~ 36-1201
SALINA CODE
~ 36-1201
f. Adequate utility, drainage, and other such
necessary facilities have been or will be pro-
vided.
g. Adequate access roads or entrance and exit
drives will be provided and shall be so de-
signed to prevent traffic hazards and to mini-
mize traffic congestion in public streets and
alleys.
5. Conditions and restrictions. In granting a condi-
tional use, the board of zoning appeals may impose
such conditions, safeguards and restrictions upon
the premises benefited by the conditional use as
may be necessary to comply with the standards
set out in section 36-1201(2) (a)4, to reduce or
minimize any potentially injurious effect of such
conditional uses upon other property in the neigh-
borhood, and to carry out the general purpose and
intent of these regulations.
6. Period of validity. No conditional use permit grant-
ed 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-day period: (1) A building
permit is obtained and the erection or alteration
of a structure is started, or (2) an occupancy per-
mit is obtained and a use commenced. The board
of zoning appeals may grant one extension not
exceeding one hundred eighty (180) days, upon
written application, without notice or hearing.
(b) To hear and decide all matters referred to it under the
provisions of these regulations.
Sec. 36-1201 (3). Appeals. The board of zoning appeals shall
administer the details of appeals from or other matters re-
ferred to it regarding the application of the zoning regulations
as provided by K.S.A. 12-715 and any rules and regulations
established by the board of zoning appeals. (Ord. No. 8526,
~ 1, 12-13-76)
Supp. No. 22
1586.68
e
e
e
~ 36-1202
ZONING
~ 36-1204
Sec. 36-1202. Fees.
Every application for a zoning certificate, occupancy certifi-
cate, variance, conditional use permit, 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 of the
governing body of the city. (Ord. No. 8526, ~ 1, 12-13-76)'
Sec. 36-1203. Violations and penalties.
Sec. 36-1203(1). Penalties. Any person who violates, dis-
obeys, omits, neglects or refuses to comply with or resists
the enforcement of any of the provisions of these regulations
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.
Sec. 36-1203(2). Abatement and iniunctive relief. In the
event that any building or structure is constructed, recon-
structed, relocated or maintained or any building, structure,
lot, or land is used in violation of any of the provisions of
these regulations, an appropriate action or proceeding in law
or in equity may be instituted to prevent such unlawful devel-
opment, construction, reconstruction, alteration, relocation,
maintenance or use, or to restrain, abate, enjoin or correct
such violation, or to prevent the occupancy of such building
or structure or unlawful use of such land and to prevent illegal
acts, conduct, business or use in or about the premises. These
remedies shall be in addition to the penalties prescribed in
section 36-1203(1). (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-1204. Interpretation, conflict and separability.
Sec. 36-1204(1). Interpretation. In their interpretation and
application, the provisions of these regulations shall be con-
sidered to be the minimum requirements for the protection
and promotion of the public health, safety and welfare.
Supp. No. 22
1586.69
~ 36-1204
SALINA CODE
~ 36-1205
Sec. 36-1204(2). Conflict with public and private provisions.
(a) Public provisions. The provisions of this chapter are not
intended to interfere with, abrogate or annul any other
law, ordinance, resolution, rule or regulation; where
any provision of this chapter imposes restrictions dif-
ferent from those imposed by any other statute, ordi-
nance, resolution, rule, regulation or other provision
of law, whichever provisions are more restrictive, or
impose higher standards, shall control.
(b) Private provisions. This chapter is not intended to
abrogate, annul or otherwise interfere with any ease-
ment, covenant or any other private agreement or
restriction, provided, however, that where this chapter
is more restrictive or imposes higher standards or re-
quirements than such easements, covenants, private
agreements or restrictions, the requirements of this
chapter shall govern.
Sec. 36-1204(3). Separability. If any part or provision of
this chapter or application thereof to any person or circum-
stances is adjudged invalid by any court of competent juris-
diction, 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 circum-
stances. The city hereby declares that it would have enacted
the remainder of this chapter even without any such part,
provision or application. (Ord. No. 8526, ~ 1, 12-13-76)
Sec. 36-1205. Savings provision.
These regulations shall not be construed as abating any
action now pending under prior existing zoning regulations, or
as discontinuing, abating, modifying or altering any penalty
accruing or to accrue, or as affecting the liability of any
person, firm or corporation, or as waiving any rights of the
city under any provision existing at the time of adoption of
these regulations, or as vacating or annulling any rights ob-
tained by any person, firm or corporation, by lawful action of
Supp. No. 22
1586.70
e
e
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~ 36-1205
ZONING
S 36-1300
the city, except as shall be expressly provided for in this
chapter. (Ord. No. 8526, S 1, 12-13-76)
See. 36-1206. Reservations and repeals.
Upon the adoption of this chapter, Ordinance Number 6613
of Salina, adopted April 11, 1962, as amended, is hereby re-
pealed, except as to such sections expressly retained herein.
(Ord. No. 8526, S 1~ 12-13-76)
Sees. 36-1207-36-1299. Reserved.
ARTICLE XIII. DEFINITIONS
Sec. 36-1300. Usage.
For the purposes of this chapter, certain numbers, abbrevia-
tions, 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 chapter, unless such definition is ex-
pressly limited in its meaning or scope.
Sec. 36-1300(1). Unless the context clearly indicates to the
contrary:
(a) Words used in the present tense include the future
tense; words used in the singular number include
the plural; and words used in the plural number
include the singular.
(b) The word "shall" is always mandatory and the
word "may" is always permissive.
(c) The word "person" includes individuals, corpora-
tions, partnerships, associations, governmental bod-
ies, agencies, and all other legal entities.
(d) 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."
(e) The word "building" includes "structure" and a
building or a structure includes any part th"leof.
Supp. No. 22 1586.71
~ 36-1300
SALINA CODE
~ 36-1301
(f) The word "city" means the City of Salina. (Ord.
No. 8526, S 1, 12-13-76)
Sec. 36-1301. Definitions.
The following definitions shall be used in the construction
and interpretations of these regulations:
Sec. 36-1301 (1). Accessory. The term applied to a building,
structure or use wllich 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 building, 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 build-
ing or structure is deemed to be part of such principal building
or structure in applying the bulk requirements to such building
or structure.
Sec. 36-1301 (2). Advertising sign. See Sign, Advertising.
Sec. 36-1301 (3). Agriculture uses. The use of a tract of land
not less than five (5) acres for growing crops in the open,
dairying, pasturage, horticulture, floriculture, 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 thereof; provided,
however, such agricultural use shall not include the following
uses: (1) The maintenance and operation of commercial green-
houses 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.
Sec. 36-1301(4). Airport. 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 taxiways, aircraft storage areas, hangars
and other necessary buildings and open spaces.
Supp. No. 22 1586.72
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e
e
~ 36-1301
ZONING
~ 36-1301
Sec. 36-1301 (5). Alley. A public or private right-of-way pri-
marily designed to serve as secondary access to the side or
rear of these properties whose principal frontage is on some
other street.
Sec. 36-1301 (6). Alterations. As applied to a building struc-
ture, a change or rearrangement of the supporting members,
or an enlargement, or the moving of one location or position
to another.
Sec. 36-1301 (7). Animal hospital. A facility for the medical
and surgical treatment of animals and their care during the
time of such treatment.
Sec. 36-1301 (8). Apartment. 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.
Sec. 36-1301 (9). Apparel stores. Stores selling clothing for
men, women or children at retail.
Sec. 36-1301 (10). Appliance repairs. The repairing and serv-
icing of common household appliances such as washing ma-
chines, television sets, power tools, electric razors, radios, and
refrigerators.
Sec. 36-1301 (11). Appliance sales. The sale of common
household appliances such as washing machines, television
sets, power tools, electric razors, radios and refrigerators, and
repair of the same types of appliances as are sold on the prem-
ises where such repairs are incidental or accessory to the sale
of such types of appliances.
Sec. 36-1301 (12). Applicant. The owner or duly designated
representative of land proposed to be subdivided, or for which
conditional use permit, amendment, variance, zoning certifi-
cate or certificate of occupancy has been requested. Consent
shall be required from the legal owner(s) of the premises.
Sec. 36-1301 (13). Area. A piece of land capable of being
described with such accuracy that its location may be estab-
lished and boundaries definitely ascertained.
Supp. No. 22
1586.73
S 36-1301
SALINA CODE
S 36-1301
Sec. 36-1301 (14). Automobile accessory stores. Stores en-
gaged primarily in the business of seIling tires, batteries,
seat covers and other automobile parts and accessories.
Sec. 36-1301 (15). Automobile sales. The sale of new and
used automobiles and other motor vehicles in operating condi-
tion; the storage of automobiles and other motor vehicles in
operating condition; but not including storage of trucks of
more than five (5). tons in weight or buses; and, the repair
and servicing of such vehicles, but not including body work,
painting, or motor rebuilding, unless specifically permitted by
the zoning district regulations.
Sec. 36-1301 (16). Awning. A roof-like cover that is tempo-
rary in nature and that projects from the wall of a building
for the purpose of shielding a doorway or window from the
elements.
Sec. 36-1301(17). Awning sign. See Sign, Awning, Canopy,
and Marquee.
Sec. 36-1301 (18). Banks and financial institutions. Commer-
cial banks, savings and loan associations, brokerage office and
other similar financial institutions, but not including pawn-
shops.
Sec. 36-1301 (19). Beverage distributors. Warehouses for the
storage and distribution of beer, soft drinks and other bever-
ages, but not including bottling plants and similar industrial
uses.
Sec. 36-1301 (20). 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.
Sec. 36-1301 (21). Building. Any covered structure built for
the support, shelter or enclosure of persons, animals, chattel
or moveable property of any kind, and which is permanently
affixed to the land.
Sec. 36-1301 (22). Building, principal. A building in which
is conducted the main or principal use of the lot on which said
building is situated.
Supp. No. 22
1586.74
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e
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~ 36-1301
ZONING
~ 36-1301
Sec. 36-1301 (23). BuUetin board sign. See Sign, Bulletin
Board.
Sec. 36-1301 (24). Bulk, nonconform.ing. That part of a build-
ing, structure or non building use which does not conform to
one or more of the applicable bulk regulations herein.
Sec. 36-1301 (25). Bulk regulations. Regulations controlling
the size of structures and the relationships of structures and
uses to each other and to open areas and lot lines. Bulk regu-
lations include regulations controlling (1) maximum height;
(2) maximum lot coverage; (3) minimum size of yard and
setbacks.
Sec. 36-1301 (26). Business and professional office. The of-
fice of an engineer, dentist, doctor, attorney, real estate broker
(agent), insurance broker, architect, or other similar profes-
sional person, and any office used primarily for accounting,
correspondence, research, editing or administration.
Sec. 36-1301 (27). Campground. 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.
Sec. 36-1301 (28). Camping trailer. A vehicular portable unit
mounted on wheels and constructed with collapsible partial side
walls which fold for towing by another vehicle and unfold at
the camp site to provide temporary living quarters for recrea-
tional, camping, or travel use. (See Recreational Vehicle.)
Sec. 36-1301 (29). Canopy. Any structure, moveable or sta-
tionary, attached to and deriving its support from framework
or. posts or other means independent of a connected structure
for the purpose of shielding a platform, stoop or sidewalk
from the elements; or, a roof-like structure of a permanent
nature which projects from the wall of a structure and over-
hangs the public way.
Sec. 36-1301(30). Canopy sign. See Sign, Awning, Canopy,
and Marquee.
Supp. No. 22
1586.75
~ 36-1301
SALINA CODE
~ 36-1301
Sec. 36-1301 (31). Cap'acity in persons. The maximum num-
ber of persons that can avail themselves of the services (or
goods) of an establishment, at anyone time, with reasonable
comfort.
Sec. 36-1301 (32). Car wash. A building or portion thereof,
containing facilities for washing more than two (2) automo-
biles, 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 oper-
ator or by customer.
Sec. 36-1301 (33). Commercial district. Any zoning district
designated with a "C", for example "C-l", "C-2", etc.
Sec. 36-1801 (34). 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 residential development
district and designed and intended for the use and enjoyment
of the residents of the planned residential development. Com-
mon 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. 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 appropriate for the recrea-
tion of residents of the planned residential development.
Sec. 36-1301(35). Completely enclosed building. 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 perma-
nent roof.
Sec. 36-1301 (36). Const.ruction sign. See Sign, Construction.
Sec. 36-1301 (37). Corner lot. 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) degrees or less. If the street lines
are curved, the angle shall be measured at the point of inter-
Supp. No. 22
1586.76
e
e
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~ 36-1301
ZONING
~ 36-1301
section 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.
Sec. 36-1301 (38). Day ca,re home. 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 Kansas Department of
Health and Environment, Bureau of Maternal and Child
Health.
Sec. 36-1301(39). Density. Restrictions on the number of
dwelling units that may be constructed per acre or per square
feet of zoning lot area.
Sec. 36-1301 (40). Developer. The legal or beneficial owner
or owners of all of the land proposed to be included in a
planned development, or the 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 these
regulations.
Sec. 36-1301(41). Dog kennel. Any place where five (5) or
more dogs are kept, maintained, boarded, and/or bred for a
fee and/or offered for sale.
Sec. 36-1301 (42). Drive-in establishment. A place of busi-
ness 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 premises or elsewhere on the premises but outside any
completely enclosed structures; or an establishment which cus-
tomarily packages food for carry out.
Supp. No. 22
1586.77
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Sec. 36-1301(43). Dry cleaning (self-service). An establish-
ment providing facilities with which customers may dry clean
their own clothes or other fabrics.
Sec. 36-1301(44). Dry cleaning plant. An establishment in
which clothing and other fabrics are dry cleaned professionally.
Sec. 36-1301 (45). Dwelling. A building or portion thereof,
but not a mobile home, designed or used for residential occu-
pancy.
Sec. 36-1301(46). Dwelling, attached. A residential building
which is joined to another dwelling at one or more sides by
a party wall or walls.
Sec. 36-1301(47). Dwelling, detached. A residential building
which is entirely surrounded by open space on the same lot.
Sec. 36-1301 (48). Dwelling, multiple-family. A residential
building containing three (3) or more dwelling units.
Sec. 36-1301 (49). Dwelling, single-family. A residential
building containing one dwelling unit only.
Sec. 36-1301 (50). Dwelling, two-family. A residential build-
ing containing two (2) dwelling units only.
Sec. 36-1301 (51). Dwelling wnit. One or more rooms in a
residential building or residential portion of a building 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.
Sec. 36-1301 (52). Easement. Authorization by a property
owner for the use by another, and for a specified purpose,
of any designated part of his property.
Sec. 36-1301 (53). Family. Either (a) an individual or two
(2) or more persons related by blood, marriage or adoption,
living together as a single housekeeping unit in a dwelling
unit; or (b) a group of not more than four (4) persons who
need not be related by blood, marriage, or adoption, living
together as a single housekeeping unit in a dwelling unit; plus
in either case, usual domestic servants. A family may include
Supp. No. 22
1586.78
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any number of gratuitous guests or minor children not related
by blood, marriage, or adoption.
Sec. 36-1301 (54). Family care facility. A facility which pro-
vides resident services in a single-family dwelling to six (6)
or fewer individuals who need not be related. These individuals
may be handicapped, aged, disabled, or in need of adult super-
vision, are undergoing rehabilitation, and are provided service
and supervision in accordance with their individual needs.
Sec. 36-1301 (55). 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, and used for confinement, screening or partition
purposes.
Sec. 36-1301 (56). Final plat. The map or plan or record of
a subdivision, and any accompanying material, as described in
the subdivision regulations.
Sec. 36-1301 (57). Flexible zon'ing. 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.
Sec. 36-1301 (58). 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 re-
quired to carry and discharge the flood waters.
Sec. 36-1301 (59). Flood plain. A watercourse and land adja-
cent to a watercourse subject to inundation from a flood
having a chance occurrence in anyone year of one per cent.
Sec. 36-1301(60). 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 flood-
waters of the regulatory flood (the lOO-year flood) without
undue restriction.
Sec. 36-1301(61). Floor area. The sum of the gross horizon-
tal areas of the several floors of the building measured from
Supp. No. 22
1586.79
~ 36-1301
SALINA CODE
~ 36-1301
the exterior faces of the exterior walls or from the center line
of walls separating two (2) buildings computed as follows:
(a) For determining floor area ratio: The sum of the follow-
ing areas: (1) The basement floor area when more
than one-half (1;2) of the basement height is above the
finished lot grade level where curb level has not been
established; (2) elevator shafts and stairwells at each
floor; (3) floor space used for mechanical equipment
(except equipment, open or enclosed, located on the
roof) ; (4) penthouses; (5) attic space having headroom
of seven (7) feet, ten (10) inches or more; (6) interior
balconies and mezzanines; (7) enclosed porches; and
(8) 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 materials including, but not limited
to, grain elevators and petroleum storage tanks shall
be computed by counting each ten (10) feet of height,
or fraction thereof, as being equal to one floor.
(b) For determining off-street parking and loading require-
ments. The sum of the following areas: (1) Floor space
devoted to the principal use of the premises, including
accessory storage areas located within selling or work-
ing space such as counters, racks, or closets; (2) any
basement floor area devoted to retailing activities; and
(3) floor area devoted to the production or processing
of goods or to business or professional offices. For this
purpose, floor area shall not include space devoted pri-
marily to storage purposes (except as otherwise noted
herein), off-street parking or loading facilities, includ-
ing aisles, ramps, and maneuvering space, or basement
floor area other than area devoted to retailing activi-
ties, the production or processing of goods, or business
or professional offices.
Sec. 86-1301(62). Food stores. Stores which sell foods, fresh
or frozen, and other items commonly sold in connection there-
with and including, but not limited to, stores commonly re-
Supp. No. 22
1586.80
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~ 36-1301
ferred to as dairy stores, delicatessens, fruit and vegetable
markets, grocery stores, health food stores, nut shops and
supermarkets. Sales must be made at retail on the premises.
Sec. 36-1301 (63). F;raternal and/or service clubs. An asso-
ciation formally organized for a common purpose, or interest,
and operated 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 mem-
bers and their guests. The affairs and management of such
association 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
such premises, provided adequate dining space and kitchen
facilities are available. Alcoholic beverages may be sold or
served to members and their guests, provided such service is
secondary and incidental to the promotion of some other com-
mon objective of the organization, and further provided that
such sale or service of alcoholic beverages is in compliance with
all federal, state, county and local laws.
Sec. 36-1301 (64). Front lot line. See Lot Line, Front.
Sec. 36-1301 (65). Front yard. See Yard, Front.
Sec. 36-1301 (66). Frrontage. The length of a front lot line
or lines.
Sec. 36-1301(67). Gamge. A building for the storage of
motor vehicles.
Sec. 36-1301 (67a). Garage sale. 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 seller(s) for their ultimate use or
consumption. This definition includes, but is not limited to
porch, yard, sidewalk, basement, rummage, tag, or other simi-
lar sale.
Sec. 36-1301 (68). Garden stores. Stores which sell growing
plants, seeds, bulbs, shrubs and gardening and landscaping
tools, implements and supplies, including lawn furniture.
Supp. No. 24
1586.81
~ 36-1301
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~ 36-1301
Sec. 36-1301(69). Gasoline service station. 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 repair-
ing of motor vehicles.
Sec. 36-1301 (70). G.round sign. See Sign, Ground.
Sec. 36-1301 (71). Group care facility. A facility which pro-
vides resident services to seven (7) or more individuals 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.
Sec. 36-1301(72). Group day care centers. A day nursery
providing 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, nursery schools, play groups,
centers giving emphasis to special programming for children,
kindergartens not accredited by the state department of public
instruction, and other establishments offering care to groups
of children for part or all of the day. Group day care centers
shall meet all requirements of the Kansas Department of
Health and Environment, Bureau of Maternal and Child
Health.
Sec. 36-1301 (73). Height, maximum. A horizontal plane
above and parallel to the average finished grade of the entire
zoning lot at the height shown in the district regulations. No
part of any structure shall project through such plane except:
(a) Chimneys, flues, stacks, fire escapes, gas holders, ele-
vator enclosures, ventilators, skylights, water tanks and
similar roof structures needed to operate and maintain
the building on which they are located.
(b) Flag poles, television aerials, water towers and tanks,
steeples and bell towers, carillons, monuments, cupolas,
broadcasting and microwave transmitting and relay
towers, and electric transmission line towers.
Supp. No. 24
1586.82
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~ 36-1301
Sec. 36-1301 (74). Home occupation. A profession or other
occupation not otherwise permitted in the district, which is
conducted as an accessory use on a residential lot by one or
more members of the family residing on the premises.
Sec. 36-1301 (75). Hotel. A building or portion thereof, or a
group of buildings, which provides sleeping accommodations
for transients on a daily or weekly basis, whether such estab-
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Supp. No. 24
1586.82.1
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S 36-1301
lishments are designated as a hotel, inn, automobile court,
motel, motor inn, motor lodge, tourist cabin, tourist court, or
otherwise.
Sec. 36-1301 (76). Identification sign. See Sign, Identifica-
tion.
Sec. 36-1301 (77). Industrial District. Any zoning district
designated with an "I", for example "I-I", "1-2", etc.
Sec. 36-1301 (78). Junk yard. An area of land with or with-
out buildings, used for or occupied by a deposit, collection or
storage, outside a completely enclosed building, of usE'd or dis-
carded 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 disposition of the same.
Sec. 36-1301(79). Landscaping. The improvement of a lot,
parcel or tract of land with grass and shrubs and/or trees.
Landscaping may include pedestrian walks, flowerbeds, orna-
mental objects such as fountains, statuary, and other similar
natural and artificial objects designed and arranged to produce
an aesthetically pleasing effect.
Sec. 36-1301 (80). Laundry. An establishment in which cloth-
ing and other fabrics are laundered professionally.
Sec. 36-1301 (81). Laundry (s.elf-service). An establishment
providing facilities with which customers may launder their
own clothes or other fabrics.
Sec. 36-1301 (82). Lodging house. A business establishment
which provides sleeping and living quarters (but not individual
cooking facilities) in an immovable structure on a weekly or
monthly basis.
Sec. 36-1301 (83). Lot area. The area of a horizontal plane
bounded by the front, side and rear lot lines.
Sec. 36-1301 (84). Lot, corner. See Corner Lot.
Sec. 36-1301 (85). Lot coverage. That percentage of a lot
which, when viewed directly from above, would be covered
by a structure or structures, or any part thereof, excluding
projecting roof eaves.
Supp. No. 22
1586.83
~ 36-1301
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~ 36-1301
Sec. 36-1301 (86). LO't depth. The distance between the mid-
point of the front lot line and the midpoint of the rear lot line.
Sec. 36-1301 (87). Lot line. Lot boundary line. (See Lot Line,
Front; Lot Line, Rear; Lot Line, Side.)
Sec.36-1301 (88). LO't line, front. A street right-of-way line
forming the boundary of a lot.
Sec. 36-1301 (89). Lot line, rear. The lot line that is most
distant 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 Hne
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.
Sec. 36-1301 (90). LO't line, side. A lot line which is neither
a front lot line or a rear lot line.
Sec. 36-1301 (91). Lot O'f recO'rd. A lot which is part of a
subdivision, the plat of which has been recorded in the office
of the register of deeds of Saline County, or a parcel of land
the deed to which was recorded prior to adoption of these
regulations. The owner of such a lot or parcel shall be deemed
to be any equitable owner.
Sec. 36-1301 (92). LO't size requirements. Restrictions on the
dimensions of lots including (1) minimum lot area, width and
depth; and (2) maximum density. Minimum lot area, width
and depth establish the size of the zoning lot on which a struc-
ture or use, or two (2) or more structures or uses, may be
constructed or established.
Sec. 36-1301 (93). LO't width. The distance on a horizontal
plane between the side lot lines measured at right angles to
the lot depth at the established front building line. Lot width
shall never be less than thirty-five (35) feet at the front lot
line.
Sec. 36-1301 (94). LO't, zO'ning. A parcel of land that is desig-
nated by its owner or developer, at the time of applying for
Supp. No. 22
1586.84
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~ 36-1301
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: (1) A single lot of record; (2) a portion of a lot
of record; or (3) a combination of complete lots of record,
complete lots and portions of lots of record, or portions of
lots of record.
Sec. 36-1301 (95). Marquee sign. See Sign, Awning, Canopy,
and Marquee.
Sec. 35-1301 (95a). Mini-warehouse. A building or group of
buildings in a controlled-access and/or fenced compound that
contains varying sizes of individual, compartmentalized, 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 resi.dence, such as passenger
motor vehicle, recreational vehicle, motorcycle, boat, and
other items of personal property generally stored in residential
accessory structures.
Sec. 36-1301 (96). Mobile home. Any moveable structure de-
signed for occupancy as a residence, office, business, etc.,
which was not or cannot be determined to have been built in
accordance with the building codes of the city. This definition
excludes any moveable structure which was designed for rec-
reational purposes or not designed for permanent attachment
to utilities.
Sec. 36-1301 (97). Mobile home court. See Mobile Home Park.
Sec. 36-1301 (98). Mobile home park. 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
unoccupied mobile homes, whether new or used, are located
for the purposes of storage, inspection, or sale.
Sec. 36-1301 (99). Mobile home space. 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.
Supp. No. 23
1586.85
~ 36-1301
SALINA CODE
~ 36-1301
Sec. 26-1301 (100). Mobile sign. See Sign, Mobile.
Sec. 36-1301 (101). Motor freight terminal. A building or
area in which freight brought by truck is assembled and/or
stored for routing in intrastate and interstate shipment by
truck or in which semitrailers, including tractor and/or trailer
units, and other trucks are parked or stored.
Sec. 36-1301(102). Motor home. A vehicular unit designed
to provide temporary living quarters for recreational, camp-
ing, 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 Rec-
reational Vehicle.)
Sec. 36-1301 (103). Nameplate sign. See Sign, Nameplate.
Sec. 36-1301 (104). Nonconforming lot of record. An unim-
proved lot which does not comply with the lot size require-
ments for any permitted use in the district in which it is
located.
Sec. 36-1301 (105). Nonconforming structure. A structure
which does not comply with the lot size requirements of bulk
regulations applicable to new structures in the zoning district
in which it is located.
Sec. 36-1301 (106). Nonconforming use. 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 dis-
trict in which it is located.
Sec. 36-1301 (107). Nonconformity. A nonconforming use,
nonconforming structure, or a nonconforming lot of record.
Sec. 36-1301 (108). Nursing or convalescent home. An institu-
tion for the care of children or the aged or infirm, or a place
of rest for those suffering bodily disorders, but not including
facilities for surgical care or institutions for the care and
treatment of mental illness, alcoholism, or narcotics addiction.
Sec. 36-1301 (109). Occupa;rwy permit. A permit issued by
the zoning administrator after certification that such land,
Supp. No. 23
1586.86
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~ 36-1301
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 regula-
tions.
Sec. 36-1301 (110). Office. See Business and Professional
Offices.
Sec. 36-1301 (111). Off-premise sign. See Sign, Advertising.
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Supp. No. 23
1586.86.1
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Sec. 36-1301 (112). Outdoor stomge. The storage of goods
and materials outside of any building or structure, but not
including storage of a temporary or emergency nature.
Sec. 36-1301 (113). Package liquor store. An establishment
in which alcoholic beverages are sold for consumption off the
premises.
Sec. 36-1301 (114). Parking gamge. 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.
Sec. 36-1301 (115). Parking lot. An open area used for the
storage of motor vehicles which contains space rented to the
general public by the hour, day, week, month or year.
Sec. 36-1301(116). Parking space. A surfaced area, enclosed
in the main building or in an accessory building, or unenclosed,
exclusive of driveways, permanently reserved for the tempo-
rary storage of one automobile, and connected with a street
or alley by a surfaced driveway which affords satisfactory
ingress or egress for -automobiles.
Sec. 36-1301 (117). Pharmacies. Stores which sell prescrip-
tion and nonprescription drugs and medicine and medical,
surgical, and dental supplies and appliances only.
Sec. 36-1301 (118). Planning commission. The Salina City
Planning Commission, as established in accordance with Kan-
sas Statutes Annotated, Sections 12-701 et seq. and with the
powers and authority therein granted.
Sec. 36-1301 (119). Pole sign. See Sign, Pole.
Sec. 36-1301 (120). Preliminary plat. The preliminary draw-
ings and inf9rmation as described in these regulations and as
defined in the subdivision to be submitted to the planning
commission for its approval.
Sec. 36-1301 (121). Principal structure. A structure in whicl1
a principal use of the lot on which the structure is located is
conducted.
Supp. No. 22
1586.87
~ 36-1301
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~ 36-1301
Sec. 36-1301 (122). Principal use. The main use of land or
structures as distinguished from a subordinate or accessory
use.
Sec. 36-1301 (123). Private club. 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 dining
room space and kitchen facilities are available. Alcoholic bev-
erages may be served or sold to members and their guests
provided such service or sale of alcoholic beverages is in com-
pliance with all federal, state, county and local laws.
Sec. 36-1301 (124). Projecting sign. See Sign, Projecting.
Sec. 36-1301 (125). Public open space. 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.
Sec. 36-1301 (126). Public sewer and water system. Any sys-
tem, other than an individual septic tank or tile field, or
individual well, operated by a municipality or other govern-
mental agency or a public utility for the disposal of wastes
and the furnishing of water.
Sec. 36-1301 (127). Railroad .'right-of-way. A strip of land
with tracks and auxiliary facilities for track operation, but
not including freight depots or stations, loading platforms,
train sheds, warehouses, car or locomotive shops. or car yards.
Sec. 36-1301 (128). Real estate sign. See Sign, Real Estate.
Sec. 36-1301 (129). Rear lot line. See Lot Line, Rear.
Sec. 36-1301 (130). Rear yard. See Yard, Rear.
Sec. 36-1301 (131). Regulatory flood. A flood having a chance
occurrence in anyone year of one per cent, as expressed in
the latest engineering studies in areas of flood plain juris-
diction.
Supp. No. 22
1586.88
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~ 36-1301
Sec. 36-1301 (132). Remodeling. Any change in a structure
(other than incidental repairs and normal maintenance) 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.
Sec. 36-1301 (133)\ Residential building. A building all or
part of which contains one or more dwelling units, including
single-family dwellings, two-family dwellings, multiple-family
dwellings, lodging houses, mobile homes, dormitories, sorori-
ties and fraternities.
Sec. 36-1301 (134). Residential district. Any zoning district
designated with an "R", for example "R-1", "R-2", etc., any
planned development district that contains residential build-
ings and the MH Mobile Home District.
Sec. 36-1301 (135). Restaurant. A public eating house, in-
cluding but not limited to the types of business establishments
customarily referred to as cafeterias, coffee shops, dairy bars,
restaurants and soda fountains.
Sec. 36-1301 (136). Retail sales. The sale of goods, merchan-
dise and commodities for use or consumption.
Sec. 36-1301 (137). Riding stables. Structures in which sad-
dle horses are kept, maintained and/or boarded, and in con-
nection with which saddle horses are rented to the general
public or made available to members of a private club. Exercise
rings and show rings shall be considered uses accessory to the
use of the premises of a riding stable.
Sec. 36-1301 (138). Recreational vehicle. A vehicular-type
unit primarily designed as temporary living quarters for rec-
reational, 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, top-
per, truck camper, and motor home.
Sec. 36-1301 (139). Right-ot-way. A strip of land occupied
or intended to be occupied by a street, crosswalk, railroad,
Supp. No. 22
1586.89
~ 36-1301
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~ 36-] 30]
road, electric transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main, or for another special use.
Sec. 36-1301 (140). Roof sign. See Sign, Roof.
Sec. 36-1301 (41). Screening. Decorative fencing or ever-
green vegetation maintained for the purpose of concealing
from view the area behind such structures or evergreen vege-
tation. When fencing is used for screening, it shall be not less
than six (6) or more than eight (8) feet in height.
Sec. 36-1301 (142). Setback. The distance between the front
lot line and the principal building on the lot.
Sec. 36-1301 (143). Side lot line. See Lot Line, Side.
Sec. 36-1301 (144). Side yard. See Yard, Side.
Sec. 36-1301 (145). Sign. Any writing (including letters,
words or numerals), pictorial representation (including illus-
trations or decorations), emblem (including devices, symbols,
or trademarks), flag, banner, streamer, pennant, string of
lights, or display calculated 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 portable display, or is
attached to, painted on, or in any other manner represented
on a building 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.
Sec. 36-1301 (146). Sign, advertising. A sign which directs
attention to a business, commodity, service, or entertainment
conducted, sold, or offered at a location other than the prem-
ises on which the sign is located, or to which it is affixed
(off-premise sign).
Sec. 36-1301 (147). Sign, awning, canopy, and marquee. A
sign that is mounted or painted on, or attached to, an awning,
canopy, or marquee that is otherwise permitted by these regu-
lations. 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.
Supp. No. 22
1586.90
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Sec. 36-1301 (148). Sign, bulletin boarrd. 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 announcements of persons, events, or activities occur-
ring at the institution. Such signs may also present a greeting
or similar message.
Sec. 36-1301(149). Sign, business. A sign which directs
attention to a business or profession conducted, or to a com-
modity or service sold, offered or manufactured, or an enter-
tainment offered, on the premises where the sign is located
or to which it is affixed.
Sec. 36-1301 (150). Sign, canopy. See Sign, Awning, Canopy,
and Marquee.
Sec. 36-1301 (151). Sign, construction. A temporary sign
indicating the names of architects, engineers, landscape archi-
tects, contractors, and similar artisans involved in the design
and construction of a structure or project only during the
construction period and only on the premises on which the
construction is taking place.
Sec. 36-1301 (152). Sign, ground. Any sign placed upon, or
supported by, the ground independently of the principal build-
ing or structure on the property. Signs on accessory structures
shall be considered ground signs.
Sec. 36-1301 (153). Sign, identification. 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.
Sec. 36-1301 (154). Sign, marquee. See Sign, Awning, Can-
opy, and Marquee.
Sec. 36-1301(155). Sign, mobile. A sign which is designed
to be easily transported and is attached to a trailer or other
nonmotive powered vehicle.
Supp. No. 22
1586.91
~ 36-1301
SALINA CODE
~ 36-1301
Sec. 36-1301 (156). Sign, nameplate. A sign giving the name
and/or address of the owner or occupant of a building or
premises on which it is located, and where applicable, a pro-
fessional status.
Sec. 36-1301 (157). Sign, off-premise. See Sign, Advertising.
Sec. 36-1301 (158). Sign, pole. A sign that is mounted on a
freestanding pole, the bottom edge of which sign is six (6)
feet or more above ground level.
Sec. 36-1301 (159). Sign, projecting. A sign that is wholly
or partly dependent upon a building for support and which
projects more than twelve (12) inches from such building.
Sec. 36-1301 (160). Sign, real estate. 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 thereon.
Sec. 36-1301 (161). Sign, roof. 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.
Sec. 36-1301 (162). Sign, wall. 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 structure or forms
the background surface, and which does not project more than
twelve (12) inches from such building.
Sec. 36-1301 (163). Small animal hospital. A facility for the
medical and surgical treatment of ordinary household pets,
such as dogs, cats, birds, and the like, excluding however,
horses, donkeys, burros, goats, sheep, or other similar animals
or pets not capable of being cared for entirely within the
confines of a residence.
Sec. 36-1301 (164). Structure. Anything constructed or erect-
ed with a fixed location on the ground, or attached to some-
thing having a fixed location on the ground. Among other
things, structures include buildings, walls, sheds, towers, and
bins. For purposes of these regulations, residential air condi-
Supp. No. 22
1586.92
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~ 36-1301
ZONING
~ 36-1301
tioning condensing units and similar cooling system apparatus,
or so-called "window" or "room" conditioners shall not be
considered as structures.
Sec. 36-1301 (165). Subdivision. Any land, vacant or im-
proved, 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 nonresidential zoned land.
Sec. 36-1301 (166). Subdivision regulations. The official sub-
division regulations of the city, together with all amendments
thereto, adopted pursuant to Kansas Statutes Annotated, Sec-
tion 12-705.
Sec. 36-1301 (167). Tavern. An establishment in which the
principal function is the selling or serving of beer having an
alcoholic content of no greater than three and two-tenths (3.2)
per cent by volume to customers for consumption on the
premises.
Sec. 36-1301 (168). Temporary u,se. A use permitted in the
zoning district subject to a specific time limit; unless other-
wise specified in these regulations, a time period not to exceed
two (2) years.
Sec. 36-1301 (169). Topper. A portable unit constructed to
provide 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.
(S~e Recreational Vehicle.)
Sec. 36-1301 (170). Trailer. A vehicle standing on wheels or
on rigid supports which is used for transporting boats, cargo,
Or property.
Sec. 36-1301 (171). Travel trailer. A vehicular unit, mounted
on wheels, designed to provide temporary living quarters for
recreational, camping, or travel use and of such size or weight
as not to require special 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
Supp. Np. 22
1586.93
S 36-1301
SALINA CODE
S ~6-1301
equipment (such as wardrobes, closets, cabinets, kitchen units
or fixtures) and bath and toilet rooms. (See Recreational
Vehic1e. )
Sec. 36-1301 (172). Truck camper. A portable unit con-
structed to provide 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.)
Sec. 36-1301 (173). Undue restriction of the regulatory flood.
A restriction or blocking of the conveyance of floodwater on
a flood plain created by structures or fill which, when coupled
with an assumed equal conveyance 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.
Sec. 36-1301(174). Use. Any purpose for which a structure
or a tract of land may be designed, arranged, intended, main-
tained, or occupied; also, any activity, occupation, business or
operation carried on, or intended to be carried on, in a struc-
ture or on a tract of land.
Sec. 36-1301 (175). Use regulations. The provisions of these
regulations which identify permitted and conditional uses,
impose use limitations, require adherence to performance
standards and regulate home occupations and accessory and
temporary uses.
Sec. 36-1301 (176). Vision clearance area. 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 these regulations. 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 extended in a straight line to a
point of intersection. The vision clearance area contains no
plantings, walls, structures, or temporary or permanent ob-
structions exceeding three and one-half (3%) feet in height
measured from the top of the curb.
Supp. No. 22
1586.94
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~ 36-1301
ZONING
* 36-1301
Sec. 36-1301 (177). WaU sign. See Sign, Wall.
Sec. 36-1301 (178). Whole8'lIle sales. The sale of goods, mer-
chandise and commodities for resale.
Sec. 36-1301 (179). Width, lot. See Lot Width.
Sec. 36-1301 (180). Yard. Open space on a lot which is unoc-
cupied and unobstructed from its lowest level to the sky,
except for permitted obstructions.
Sec. 36-1301 (181). Yard, front. 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 therefrom 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 considered a front yard.
Sec. 36-1301 (182). Yard, rear. 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.
Sec. 36-1301 (183). Yard, side. 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
specified in the district regulations of these regulations refer
to the required width of each side yard rather than to the
width of both side yards, unless otherwise specified.
Sec. 36-1301 (181,). YMCA, YWCA, Boy Scuuts, Girl Scouts,
Campfire Girls and other similar groups. An association for-
mally organized for a common purpose, or interest, and oper-
ated not for profit for persons who are bona fide members,
which owns, hires, or leases premises, the use of which prem-
ises is primarily utilized for the promotion of the common
purpose or interest of the association. Food, meals and bever-
Supp. No. 24
1586.95
~ 36-1301
SALINA CODE
~ 36-1301
ages 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.
Sec. 36-1301 (185). Zoning lot. See Lot, Zoning.
Sec. 36-1301 (186). Zoning regulations. The official zoning
regulations of the city together with any and all amendments
adopted pursuant to Kansas Statutes Annotated, Sections 12-
107, et seq. (Ord. No. 8526, A 1, 12-13-76: Ord. No. 8630, A
11, 3-27-78: Ord. No. 8663, ~ 3, 9-25-78)
[The next page i. 1588.151]
Supp. No. 24
1686.96
e
APPENDIX A
RESERVED*
e
*Editor's not_Ord. No. 8526, adopted Dec. 13, 1976, repealed Ord.
No. 6613, adopted March 20, 1962, from which App. A, relative to
zoning, was derived. Said Ord. No. 6613 had been amended by the
following legislation:
Ord. No. Date Ord. No. Date
6781 4-20-64 8181 11- 1-71
6782 4-20-64 8204 5- 8-72
6845 1-25-65 8247 10- 2-72
6865 7-19-65 8251 10-16-72
6877 9-20-65 8420 1- 6-75
6878 9-20-65 8454 9-18-75
7034 1- 8-68 8478 4- 5-76
8030 7- 7-69 8479 4- 5-76
8055 12- 8-69 8480 4- 5-76
8180 11- 1-71 8492 5-24-76
e Supp. No. 22 1'586.151
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APPENDIX Al
AIRPORT ZONING'~
ORDINANCE NO. 7039
AN ORDINANCE REGULATING AND RESTRICTING
THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH, AND OTHERWISE REGULATING
THE USE OF PROPERTY, IN THE VICINITY OF THE
SALINA MUNICIPAL AIRPORT BY CREATING AIR-
PORT APPROACH ZONES, TRANSITION ZONES, HORI-
ZONTAL ZONE AND CONICAL ZONE, AND ESTABLISH-
ING THE BOUNDARIES THEREOF; PROVIDING FOR
CHANGES IN THE RESTRICTIONS AND BOUNDARIES
OF SUCH ZONES; DEFINING CERTAIN TERMS USED
HEREIN; REFERRING TO THE SALIN A MUNICIPAL AIR-
PORT ZONING MAP WHICH IS INCORPORATED IN AND
MADE A PART OF THIS ORDINANCE; PROVIDING FOR
ENFORCEMENT; ESTABLISHING A BOARD OF AP-
PEALS; AND IMPOSING PENALTIES.
This ordinance is adopted pursuant to the authority con-
fered by Article 7, Chapter 3 of the Kansas Statutes An-
notated. It is hereby found that an airport hazard endangers
the lives and property of users of Salina Municipal Airport
and of occupants of land or to property in its vicinity, and
also, if of the obstruction type, in effect reduces the size of
the area available for the landing, taking off and maneuver-
ing of aircraft, thus tending to destroy or impair the utility
of Salina Municipal Airport and the public investment there-
in. Accordingly, it is declared: (1) that the creation or estab-
lishment of an airport hazard is a public nuisance and an in-
jury to the region served by Salina Municipal Airport; (2)
that it is necessary in the interest of the public health, public
safety and general welfare that the creation or establishment
of airport hazards be prevented, and; (3) that the prevention
of these hazards should be accomplished, to the extent legally
':'Editor's note-Ord. No. 7039, being nonameudatory of this Code,
has been set out in full as enacted in Appendix Al at the discretion
of the editor.
Cross reference-Airports, Ch. 5; zoning generally, Appendix A.
Supp. No.5
1587
~ 1
SALIN A CODE
~ 2
possible, by the exercise of the police power without compen-
sation. It is further declared that both the prevention of the
creation or establishment of airport hazards and the elimina-
tion, removal, alteration, mitigation, or marking and lighting
of existing airport hazards are public purposes for which
political subdivisions may raise and expend public funds and
acquire land or interests in land.
BE IT ORDAINED BY GOVERNING BODY OF THE
CITY OF SALIN A, KANSAS:
Sec. 1. Short title.
This ordinance shall be known and may be cited as "Salina
Municipal Airport Zoning Ordinance."
Sec. 2. Definitions.
As used in this ordinance, unless the context otherwise re-
quires:
(1) Airport - Means Salina Municipal Airport.
(2) Airport elevation - Means the established elevation 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 land-
ing or taking off at the airport.
(4) Airport reference point - Means the point established
as the approximate geographic 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 ordinance and shown
on the zoning map, the datum shall be mean sea level
elevation unless otherwise specified.
(7) Instrument runway - Means a runway equipment 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.
Supp. No.5
1588
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APPENDIX Ai-AIRPORT ZONING
(8) Landing area - Means the area of the airport used for
the landing, taking off or taxiing of aircraft.
(9) Nonconforming use - Means any pre-existing structure,
tree, natural growth or use of land which is inconsist-
ent with the provisions of this ordinance or an amend-
ment thereto.
(10) Noninstrument runway - Means a runway other than
an instrument runway.
(11) Person - Means an individual, firm, partnership, cor-
poration, company, association, joint stock association,
or body politic, and includes a trustee, receiver, as-
signee, administrator, executor, guardian, or other
representative.
(12) Runway - Means the paved surface of an airport land-
ing strip.
(13) Structure - Means an obj ect constructed or installed
by man, including, but without limitation, buildings,
towers, smokestacks, and overhead transmission lines.
(14) Tree - Means any object of natural growth.
Sec. 3. Zones.
In order to carry out the provisions of this ordinance, there
are hereby created and established certain zones which include
all of the land lying within the instrument approach zones,
non instrument 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 Salina city planning department and dated
December, 1967, which is attached to this ordinance and made
a part hereof. The various zones are hereby established and
defined as follows:
(1) Instrument approach zone. An instrument approach
zone is established at each end of the instrument run-
way for instrument landings and takeoffs. The instru-
ment llpproach zones shall have a width of 1,000 feet
at a distance of 200 feet beyond each end of the run-
way, widening thereafter uniformly to a width of
16,000 feet at a distance of 50,200 feet beyond each
end of the runway, its center line being the continua-
tion of the centerline of the runway.
Supp. No. G
1589
~ 3
SALINA CODE
~ 3
(2) Noninstrument approach zone. A noninstrument ap-
proach zone is established at each end of all noninstru-
ment runways for noninstrument landings and take-
offs. The noninstrument approach zone shall have a
width of 500 feet at a distance of 200 feet beyond each
end of the runway, widening thereafter uniformly to :1
width of 2,500 feet at a distance of 10,200 feet beyond
each end of the runway, its center line being the con-
tinuation of the centerline of the runway.
(3) VFR approach zone. A visual flight rules approach
zone shall have a width of 200 feet at a distance of
100 feet beyond each end of the runway widening
thereafter uniformly to a width of 500 feet at a dis-
tance of 3,100 feet beyond each end of the runway.
(4) Transition zones. Transition zones are hereby estab-
lished 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 the
zoning map. Transition zones extend outward from a
line 250 feet on either side of the center line of the
non instrument runway, for the length of such runway
plus 200 feet on each end; and 500 feet on either side
of the center line of the instrument runway, for the
length of such runway plus 200 feet in each end, and
are parallel and level with such runway center lines.
The transition 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
non instrument 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 horizon-
tally to the points where they intersect the surfaces of
Supp. No. [)
1590
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APPENDIX AI-AIRPORT ZONING
~ 4
the horizontal and conical zones. Additionally, transi-
tion 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
5,000 feet measured horizontally from the edge of the
instrument approach zones at right angles to the con-
tinuation of the center line of the runway.
(5 ) Horizontal zone. A horizontal zone is hereby estab-
lished as the area within a circle with its center at the
Airport Reference Point and having a radius of 13,000
feet. The horizontal zone does not include the instru-
ment approach zones and the transition zones.
(6) Conical zone. A conical zone is hereby established as
the area that commences at the periphery of the hori-
zontal zone and extends outward therefrom a distance
of 7,000 feet. The conical zone does not include the in-
strument approach zones and transition zones.
Sec. 4. Height limitations.
Except as otherwise provided in this ordinance, no struc-
ture or tree shall be erected, altered, allowed to grow, or main-
tained in any zone created by this ordinance 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 200 feet from and at the center line elevation of
the end of the instrument runway and extending a dis-
tance of 10,200 feet from the end of the runway; thence
one (1) feet [foot] in height for each forty (40) feet in
horizontal distance to a point 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 begin-
ning at a point 200 feet from and at the center line
elevation of the end of the noninstrument runway and
extending to a point 10,200 feet from the end of the
runway;
Supp. No.5
1591
g 4
SALINA CODE
S 5
(3) Tramition zones. One (1) feet [foot] in height for
each seven (7) feet in horizontal distance beginning at
any point 200 feet normal to and at the elevation of
the center line of non instrument runways, extending
200 feet beyond each end thereof, and 200 feet normal
to and at the elevation of the center line of the instru-
ment runway, extending 200 feet beyond each end there-
of, extending to a height of 150 feet above the airport
elevation which is 1271 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 ap-
proach zones and extending upward and outward to the
points where they intersect the horizontal or conical
surfaces. Further, 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 hor-
izontal distance shall be maintained beginning at the
edge of the instrument approach zone and extending a
distance of 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 1,421 feet above
mean sea level;
(5) Conical zone. One (1) foot in height for each twenty
(20) feet of horizontal distance beginning at the pe-
riphery of the horizontal zone, extending to a height of
500 feet above the airport elevation; and
(6) Excepted height limitations. Nothing in this ordinance
shall be construed as prohibiting the growth, construc-
tion or maintenance of any tree or structure to a height
up to 75 feet above the surface of the land.
Where an area is covered by more than one (1) height
limitation, the more restrictive limitations shall prevail.
Sec. 5. Use restrictions.
Notwithstanding any other provisions of this ordinance, no
use may be made of land within any zone established by this
Supp. No.5
1592
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APPENDIX AI-AIRPORT ZONING
S 6
ordinance in such a manner as to create electrical interference
with radio communication between the airport and aircraft,
make it difficult for flyers to distinguish between airport
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.
Sec. 6. Nonconforming uses.
(a) Regulations not retroactive. The regulations provided
by this ordinance shall not be construed to require the re-
moval, lowering or other change or alteration of any structure
or tree not conforming to the regulations as of the effective
date of this ordinance, or amended, or otherwise interfere
with continuance of any nonconforming use, except as pro-
vided in subsection 3 of Section 3-707 of the General Statutes
Supplement of 1947, or any amendments thereto; provided,
however, that the City of Salina may require upon, thirty days
notice in writing any person owning and maintaining any non-
conforming pole or pole line upon the roads and highways im-
mediately adjoining said airport to remove, lower, change, or
alter said nonconforming pole or pole line, upon prior pay-
ment by the city to said person of the reasonable and neces-
sary expense of removing, lowering, changing, or altering said
pole or pole line; or in lieu thereof to execute a good and suf-
ficient bond with corporate surety thereon as security for the
payment of the reasonable and necessary expense of remov-
ing, lowering, changing, or altering such pole or pole lines.
Reasonable and necessary expense of removing, lowering,
changing, or altering said pole or pole line shall include,
among other items of expense, the actual cost of (1) con-
structing underground conduits and the construction of such
wires and equipment in such conduits, and (2) rerouting
wires together with the poles, cross arms and other equip-
ment connected 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,
Supp. No.5
1593
~ 6
SALINA CODE
~ 7
operation, and maintenance thereon of such markers and
lights as shall be deemed necessary by the building official to
indicate to the operators of aircraft in the vicinity of the air.
port, the presence of such airport hazards. Such markers and
lights shall be installed, operated, and maintained at the ex-
pense of City of Salina.
Sec. 7. Permits.
(a) Future uses. Except as specifically provided in Para-
graphs 1, 2 and 3 hereunder, no material 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
created unless a permit therefor shall have been applied for
and granted. Each application for a permit shall indicate the
purpose for which the permit is desired, with sufficient par-
ticularity to permit it to be determined whether the resulting
use, structure or tree would conform to the regulations 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 permit shall be required
for any tree or structure less than 75 feet of vertical
height above the ground, except when because of ter-
rain, land contour or topographic features such tree or
structure would extend above the height limits pre-
scribed 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 4,200 feet from each end of the
runways, no permit shall be required for any tree or
structure less than 75 feet of vertical height above the
ground, except when such tree or structure would ex-
tend above the height limit prescribed for such instru-
ment or non instrument 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 le8s
than 75 feet of vertical height above the ground except
Sur.p. No.5
1594
e
~ 7
APPENDIX Ai-AIRPORT ZONING
~ 7
when such tree or structure, because of terrain, land
contour or topographic features would extend above
the height limit prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall
be construed as permitting or intending to permit any con-
struction, alteration or growth of any structure or tree in
excess of any of the height limits established by this ordinance
except as set forth in Section 4.
(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 it was on the effective date of this ordinance or any
amendments thereto or than it is when the application for a
permit is made. Except as indicated, all applications for such
a permit shall be granted.
e
(c ) Nonconforming uses abandoned or destroyed. When-
ever the building official determines that a nonconforming
structure or tree has been abandoned or more than 80 per
cent torn down, physically deteriorated, or decayed, no permit
shall be granted that would allow such structure or tree to ex-
ceed the applicable height limit or otherwise 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 pre-
scribed in this ordinance, may apply to the board of adjust-
ment for a variance from such regulations. Such variances
shall be allowed where it is duly found that a literal applica-
tion or enforcment of the regulations would result in practical
difficulty or unnecessary hardship and the relief granted
would not be contrary to the public interest but will do sub-
stantial justice and be in accordance with the spirit of this
ordinance.
e
(e) Hazard marking and lighting. Any permit or variance
granted may, if such action is deemed advisable to effectuate
Supp. No.5
1595
~ 7
SALINA CODE
~ 9
the purpose of this ordinance and be reasonable in the circum-
stances, be so conditioned as to require the owner of the struc-
ture or tree in question to permit the City of Salina at its own
expense, to install, operate, and maintain thereon such mark-
ers and lights as may be necessary to indicate to flyers the
presence of an airport hazard.
Sec. 8. Enforcement.
It shall be the duty of the building official to administer
and enforce the regulations prescribed herein. Application'3
for permits and variances shall be made to the building of-
ficial upon a form furnished by him. Applications required by
this ordinance to be submitted to the building official shall be
promptly considered and granted or denied by him. Applica-
tions for action by the board of adjustment shall be forthwith
transmitted by the building official.
Sec. 9. Board of adjustment.
(a) There is hereby created a board of adjustment to have
and exercise the following powers: (1) to hear and decide
appeals from any order, requirement, decision, or determina-
tion made by the building official in the enforcement of this
ordinance; (2) to hear and decide special exceptions to the
terms of this ordinance 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 Salina Airport
Authority as created in accordance with section 5-1 to section
5-6 of the Salina Code; and that by appointment to the board
of directors of the Salina Airport Authority shall automatical-
ly constitute appointment to the board of adjustment for the
same term as provided for in Article I of Chapter 5 of the
Salina Code.
(c) The board of adjustment shall adopt rules for its gov-
erance and procedure in harmony with the provisions of this
ordinance. Meetings of the board of adjustment shall be held
at the call of the chairman and at such other times as the
Supp. No.5
1596
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APPENDIX A1-AIRPORT ZONING
~ 10
board of adjustment may determine. The chairman, or in his
absence the acting chairman, may administer oaths and com-
pel the attendance of witnesses. All hearings of the board of
adjustment shall be public. The board of adjustment shall
keep minutes of its proceedings showing the vote of each
member upon each question or, if absent or failing to vote,
indicating such fact, and shall keep records of its examina-
tions 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 written findings
of fact and conclusions of law giving the facts upon which it
acted and its legal conclusions from such facts in reversing,
affirming, or modifying any order, requirement, decision, or
determination which comes before it under the provisions of
this ordinance.
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(e) The concurring vote of a majority of the members of
the board of adjustment shall be sufficient to reverse any
order, requirement, decision 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 ordinance, or to
affect any variation in this ordinance.
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Sec. 10. Appeals.
(a) Any person aggrieved, or any taxpayer affected, by
any decision of the building official made in his administra-
tion of this ordinance, may appeal to the board of adjustment.
(b) All appeals hereunder must be taken within a reason-
able time as provided by the rules of the board of adjustment,
by filing with the building official a notice of appeal specify-
ing the grounds thereof. The building official shall forthwith
transmit to the board of adjustment all the papers constitut-
ing the record upon which the action appealed from was taken.
(c) An appeal shall stay all proceedings in furtherance of
the action appealed from, unless the building official certifies
to the board of adjustment, after the notice of appeal has been
filed with it, that by reason of the facts stated in the certifi-
cate a stay would, in his opinion, cause imminent peril to life
Supp. No.5
1597
~ 10
SALINA CODE
~ 13
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 reasonable time
for hearing appeals, give public notice and due notice to the
parties in interest, and decide the same within a reasonable
time. Upon the hearing any party may appear in person or by
agent or by attorney.
(e) The board of adjustment may, in conformity with the
provisions of this ordinance, reverse or affirm, in whole or in
part, or modify the order, requirement, decision or determina-
tion appealed from and may make such order, requirement,
decision or determination, as may be appropriate under the
circumstances.
Sec. 11. Judicial review.
Any person aggrieved, or any taxpayer affected, by any
decision of the board of adjustment, may appeal to the Dis-
trict Court of Saline County, Kansas, as provided in KSA 3-
709.
Sec. 12. Penalties.
Each violation of this ordinance or of any regulation, order,
or ruling promulgated hereunder shall constitute a misde-
meanor and be punishable by a fine of not more than $500.00
or imprisonment for not more than six months or both such
fine and imprisonment, and each day a violation continues to
exist shall constitute a separate offense.
Sec. 13. Conflicting regulations.
Where there exists a conflict between any of the regulations
or limitations prescribed in this ordinance and any other
regulations applicable to the same area, whether the conflict
be with respect to the height of structures or trees, the use of
land, or any other matter, the more stringent limitation or
requirement shall govern and prevail.
Supp. No.5
1598
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APPENDIX Ai-AIRPORT ZONING
S 15
Sec. 14. Severability.
If any of the provisions of this ordinance or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this
ordinance are declared to be severable.
Sec. 15. Effective date.
This ordinance shall be in full force and effect from and
after its passage by the board of commissioners and publica-
tion as required by law.
Adopted by the board of commissioners and signed by the
mayor this 29 day of January, 1968.
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ATTEST:
D. S. Harrison
City Clerk
Carl R. Rundquist
Mayor
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;-~upp. No. [)
[The next page is 1607]
1599
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APPENDIX B
SUBDIVISION REGULATIONS*
Sec. I. Purpose, authority and jurisdiction.
(A) TITLE.
This document shall be known as the "Subdivision Regula-
tions of the Salina City Planning Commission of Salina,
Kansas", and may be cited as such.
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(B) PURPOSE.
The control of land subdivision is an integral part of orderly
community development. Once land has been divided into
streets, lots, and blocks, and publicly recorded, the correction
of defects in this division is difficult and costly. The purpose
of this document is to set forth rules and regulations for the
division of real property so that each subdivision shall be
properly coordinated with the overall city street, utility, and
development plans. These requirements shall be considered
to be minimum standards in their interpretation and appli-
cation. They are designed to provide for a permanently whole-
some community environment, efficient and adequate muni-
cipal services, safe streets, and a sound and balanced develop-
ment of the area.
(C) AUTHORITY.
Authority for the adoption of regulations governing the
subdivision of land is granted by G. S. 1949, 12-705; and
G. S. 1961, 13-1108 to 13-1114, State of Kansas.
Editor's note-G.S. 1961, 13-1108-13-1114 were repealed by L. 1965,
Ch. 131, ~. 10, and K.S.A. 12-705 was amended by said law. Said law
also added K.S.A. 12-705a and 12-705b. However, K.S.A. 12-706a pro-
vides that subdivision regulations adopted under prior acts are validated.
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*Editor's note--Appendix B contains the subdivision regulations of the
city adopted by the city planning commission Sept. 27, 1963, and ap-
proved by the city commission Dec. 2, 1963, by Ord. No. 6751, which is
set out in section 27-54' of the Code of Ordinances. The regulations are
set out as enacted, including the numbering of sections and subsections.
Cross reference--For zoning regulations, see Appendix A in this
volume.
1607
~ I
SALINA CODE
~ II
(D) JURISDICTION.
All subdivisions of land within the corporate limits of the
City of Salina as now exist or are hereafter established and
all land within a three-mile distance from said corporate
limits shall fall within the jurisdiction of these regulations
as provided by the previously mentioned authority.
Sec. II. Definition of terms.
For the purpose of these regulations, certain words used
herein are defined as follows:
Alley. A minor way which is used primarily for vehicular
service access to the back or the side of properties otherwise
abutting on a street.
Block. A place or parcel of land entirely surrounded by
public highways or streets, other than alleys. In cases where
the platting is incomplete or disconnected, the building in-
spector shall determine the outline of the block.
Building setback line. A line on a plat which designates a
limit beyond which no portion of a building or garage more
than eighteen (18) inches above natural ground shall extend
in the direction of the adjacent street.
City commission. The Board of Commissioners of the City
of Salina, Kansas.
City engineer. The City Engineer of the City of Salina,
Kansas.
City plan. A plan adopted by the governing body which
provides a guide for future, orderly development of the city
and all separate documents, renorts, and maps designated by
the governing body as part of the city plan.
City planning commission. The Salina City Planning Com-
mission of Salina, Kansas.
County commissioners. The Board of County Commission-
ers of Saline County, Kansas.
County planning commission. The Saline County Planning
and Zoning Commission of Saline County, Kansas.
1608
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.
!:ill
APPENDIX B-SUBDIVISION REGULATIONS
s II
Easement. A grant by a property owner of the specific
use of a strip of land by others.
Governing body. The Board of Commissioners of the City
of Salina, Kansas.
Lot. A portion of a subdivision or other parcel of land
intended as a unit for the purpose, whether immediate or
future, of building development or for transfer of ownership.
Lot, corner. A lot abutting upon two (2) or more streets
at their intersection.
Lot, interior. A lot whose sidelines do not abut upon any
street.
Lot, through. An interior lot having frontages on two (2)
streets. (Also called' a double frontage or reverse frontage lot).
Lot lines. The lines bounding a lot as defined herein.
Lot depth. The mean horizontal distance from the front
street line to the rear line.
Lot width. The mean horizontal distance between side lines
measured at right angles to the depth.
Owner. Any legal entity (individual, firm, association,
partnership, trust, corporation, etc.) having sufficient pro-
prietary interest in the land sought to be subdivided to com-
mence and maintain proceedings to subdivide the same under
these regulations.
Pedestrian walkway. A right-of-way across a block which
provides access to streets on opposite sides of the block pro-
vided exclusively for use by pedestrian traffic.
Plat, final. A complete and final plan of the proposed sub-
division as described in detail in Section V of these regulations.
Plat, preliminary. A sketch drawing of the proposed sub-
division as described in detail in Section IV of these regula-
tions.
Protective covenants. Conditions, imposed by the subdivider
upon the use of land within the subdivision, designed to pro-
vide mutual protection against undesirable aspects of develop-
ment which would tend to impair stability of values.
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~II
SALINA CODE
~H
Street. A public thoroughfare which affords principal
means of access to property abutting thereon, whether desig-
nated as a street, highway, thoroughfare, parkway, through-
way, road, avenue, boulevard, lane or place, or however
otherwise designated.
Expressway. A multi-lane divided arterial highway or
street for through traffic with partial control of access and
with or without grade separations.
Major arterial street. A street providing for through traffic
movement to concentrated areas of activity with or without
a median divider and providing access to abutting property
subject to necessary control of entrances, exits, and curb use
and protected by stop signs or signals at cross streets and
highways.
Minor arterial street. A collector street providing for traf-
fic movement between major arterials and local streets and
providing for access to abutting property. Traffic is con-
trolled to some extent at cross streets.
Minor street. A street used primarily for access to abutting
properties and serving the local needs of a neighborhood.
Marginal access street. A minor street which is parallel
to and adjacent to or in the immediate vicinity of an arterial
street, and which has for its purpose the relief of such thor-
oughfare from the local service of abutting properties.
Court. A minor street with residential development on only
one side, where conditions are such as to allow the improved
street to be located on one side of the right-of-way allowing
a standard parking width on the residence side. Marginal
access streets may be treated as courts. An example of a
court would be a street separating a residential area from a
park.
Cul-de-sac street. A minor street having only one open end
and being permanently terminated at the other by a vehicular
turn-around.
Half-street. A street bordering one or more property lines
of a tract of land in which the subdivider has allocated part of
the ultimate street right-of-way width.
1610
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~II
APPENDIX B-SUBDIVISION REGULATIONS
~ III
Street line. The dividing line between the street right-of-
way and the abutting properties.
Subdivider. Any person commencing proceedings under
these regulations for himself or another.
Subdivision. A tract of land which has been or is intended
to be divided into two (2) or more lots or parcels for the
purpose of transfer of ownership or building development,
or if a new street is involved, any division of a parcel of land;
provided that a division of land for agricultural purposes
into lots or parcels of five (5) acres or more and not involving
a new street shall not be deemed a subdivision. The term
includes resubdivision and, when appropriate to the context,
shall relate to the process of subdividing or to the land sub-
divided.
Yard, front. A yard across the full width of the lot be-
tween the street line and that portion of the main building
(including porches, cornices, roofs, eaves, and gutters) greater
than eighteen (18) inches in height above the ground which
is closest to the street line.
Yard, rear. A yard across the full width of the lot between
the rear lot line and that portion of the main building which
is closest to the rear lot line.
Yard, side. A yard extending entirely from the front yard
to the rear yard between the side lot line and that portion
of the main building (including porches, cornices, roofs, eaves,
and gutters) greater than eighteen (18) inches in height
above the ground which is closest to the side lot line.
Sec. III. Procedure.
(A) The procedure for the review, approval and registra-
tion of subdivision plats of areas within the planning juris-
diction of the City of Salina which lie entirely outside the
corporate limits of the city and do not abut said corporate
limits shall be as follows:
(1) Thirteen (13) paper copies of the preliminary plat
(fourteen (14) if outside city limits), written application
Supp. No. 25
1611
~III
SALINA CODE
~III
for approval of the preliminary plat, and the preliminary
plat filing fee shall be presented to the secretary of the
city planning commission in accordance with the sched-
ule of subdivision processing in use at the time. (Ord.
No. 8734, ~ 1,8-13-79)
Cross reference-Fees, ~ 27-4.
(2) Upon receipt of the preliminary plat, the city planning
commission shall examine said plat for conformity to
these regulations and the city plan. At this time, the
secretary of the city planning commission shall notify
all owners of adjacent unplatted properties, in writing,
of the proceedings in effect. At this time the city
planning commission may refer the preliminary plat
to the city engineer who will examine the plat to
assure that the layout of streets, alleys, and easements,
the naming of streets and the numbering of lots and
blocks conform with these regulations and with poli-
cies established by the city engineer. The city planning
commission shall then examine the plat and any com-
ments of the city engineer. If the plat does not meet
all requirements for approval by the city planning
commission, it will be returned to the subdivider for
modification, along with a written list of required
changes and other pertinent comments. Upon modi-
fication, incorporating the changes required by the city
planning commission, the preliminary plat shall be
resubmitted directly to the city planning commission
by the subdivider. When the city planning commission
concludes that the preliminary plat meets all require-
ments pertinent to the approval of such a plat, they
shall approve the preliminary plat, return it to the
subdivider, and so state their approval to the sub-
divider in writing.
(3) When the subdivider has obtained the approval of the
preliminary plat (including all changes and modifica-
tions) by both the city planning commission and the
county planning commission, he may submit a final
plat to the city planning commission. This final plat
Supp. No. 25
1612
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~I1I
APPENDIX B-SUBDIVISION REGULATIONS ~ III
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shall conform to and be accompanied by a copy of the
approved preliminary plat.
Three (3) paper copies of the final plat, written appli-
cation for approval of the final plat and the final plat
filing fee shall be submitted to the secretary of the city
planning commission. After staff review has been com-
pleted, but at least one week prior to the appropriate
planning commission meeting, the final plat shall be
submitted in the form of an original drawing with all
appropriate signatures affixed thereto. Should the final
plat be submitted later than one year after the date of
approval of the preliminary plat, the preliminary plat
may be subject to review and the original approval
deemed null and void at the discretion of the city plan-
ning commission. Upon receipt of the final plat, the city
planning commission shall examine said plat for con-
formity to these regulations, the city plan, and the ap-
proved preliminary plat. The city planning commission
shall take action, either approval or disapproval, within
sixty (60) days of the submittal of the final plat. When
approval is granted, the appropriate signatures shall be
affixed to the original drawing of the final plat and the
plat immediately referred to the city commission. (Ord.
No. 8734, S 2, 8-13-79)
(5) Upon receipt of an approved final plat from the city
planning commission, the city commission shall review
said plat and grant its approval or disapproval within
thirty (30) days of the receipt of said plat. Upon ap-
proval by the city commission, the appropriate signa-
tures shall be affixed and the original drawing returned
to the subdivider.
(4)
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(B) The procedure for the review, approval and regis-
tration of subdivision plats of areas within the planning
jurisdiction of the City of Salina which abut the corporate
limits of the city shall be as follows:
(1) Same procedure as outlined in subparagraph (A) (1) of
this section, except that proof of approval of the pre-
Supp. No. 25
1613
~I1I
SALINA CODE
~III
liminary plat by the county planning commission is
not required.
(2) Same procedure as outlined in subparagraph (A) (2) of
this section.
(3). In addition to the procedure and requirements out-
lined in subparagraph (A) (3) of this section, the final
plat presented to the city planning commission shall
bear the appropriate signatures indicating the approval
of the final plant by the county planning commission
and the county commissioners.
(4) Same procedure as outlined in subparagraph (A) (4) of
this section.
(5) Same procedure as outlined in subparagraph (A) (5) of
this section.
(C) When the subdivider has obtained all signatures on
the final plat that are required under these regulations, he
shall prepare and deliver copies of the original drawing of
the final plat, within seventy-two (72) hours, as below speci-
fied, to the following officials:
City clerk-One dark line print.
City engineer-One contact reproducible and one dark line
print.
Secretary of the city planning commission---'One dark line
print.
(D) The responsibility to initiate action on preliminary
and final plats before the city and county organizations re-
sponsible for plat approval shall be the sole responsibility
of. the subdivider. He is encouraged to maintain sufficient
contact with the city engineer to insure that all provisions and
requirements of subdividing are met prior to submitting
plats to the various commissions. This will insure that plat
approvals will be obtained in the most expeditious manner
possible which will prove of mutual benefit to the commis-
sions and the subdivider.
Supp. No. 25
1614
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~I1I
APPENDIX B-SUBDIVISION REGUL,ATIONS
~I1I
(E) The responsibility to comply with the provisions of
paragraph C of this section shall lie wholly with the sub-
divider. Failure to comply with the provisions of paragraph
C within thirty (30) days after filing the plat with the
Register of Deeds of Saline County or failure to file the plat
within two (2) years of final approval of the city commission
shall render all approvals granted by the city commission or
the city planning commission null and void.
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Supp. No. 25
1614.1
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~I1I
APPENDIX B-SUBDIVISION REGULATIONS ~ III
1.
2.
3.
4.
e 5.
(F) Through mutual agreement of the city planning com-
mission and the county planning commission 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.
Plats of areas outside the corporate limits of the City of
Salina which do not abut said corporate limits:
Step Authority Action requtred
Preliminary plat
County commissioners ---______m___ Refer to county planning
commission
County planning commission ------Approval-Return plat
to subdivider
City commission n--_________________n Refer to city planning
commission
City planning commission ____ -----nApproval-Return plat
to subdivider
County planning commission ______Approval of any changes
(not required if no
changes arel made)-
Return to subdivider
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Final plat
6. City planning commission ----------Approval
7. City commission ----------------------nApproval-Return plat
to subdivider
8. County planning commission -----Approval
9. County Commission -----------------Approval-Return plat
to subdivider
10. Register of deeds -------------------mRecord final plat
Plats of areas which abut the corporate limits of the City
of Salina:
Step A uthority Action required
Preliminary plat
1. City commission -- _ ----------_____Refer to city planning
commission
2. City planning commission --------Approval-Return plat
to subdivider
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~I1I
SALINA CODE
S IV
Step
Authority
Action required
Preliminary plat
3. County commissioners _____m__Refer to county planning
commission
4. County planning commission- m Approval-Return plat
to subdivider
5. City planning commission _m_____Approval of any changes
(not required if no
changes are made)-
Return to subdivider
Final plat
6. County planning commission _n__Approval
7. County commissioners ____m_n_m__Approval-Return plat
to subdivider
8. City planning commission nm_____Approval
9. County Commisioners _____m________Approval-Return plat
to subdivider
10. Register of deeds u_____mRecord final plat
Sec. IV. Preliminary plat.
(A) The preliminary plat shall be drawn to a scale no
smaller than one inch to one hundred (100) feet on a sheet
no larger than thirty-two (32) by forty-eight (48) inches.
A reduced example of such a plat is included as a part of
these regulations. Should more than one sheet be required,
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.
(B) The following information shall appear on the pre-
liminary plat:
(1) The proposed name of the subdivision. This name
shall not be so similar to any existing subdivision
name in or near the City of Salina as to cause con-
fusion.
(2) A vicinity map showing adjoining property; owner-
ship of said property; the location and width of exist-
ing and proposed street rights-of-way, roads, lots and
alleys; building lines, city limits lines, parks and other
1616
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~ IV
APPENDIX B-SUBDIVISION REGULATIONS
~ IV
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features; and similar facts regarding property imme-
diately adjacent thereto. If there are no adjacent sub-
divisions, the vicinity map shall show the outline and
ownership of adjoining properties, location and dis-
tance of the nearest subdivisions and city limits lines,
and how the streets, alleys and highways in the sub-
division may connect with those in the nearest sub-
division.
(3) Names and addresses of property owner, subdivider,
and engineer or surveyor platting the tract and laying
out the boundaries.
(4) Topographic features including the location of water
courses, ravines, bridges, culverts and present struc-
tures; the size of adjacent drainage areas in acres;
the area of the subdivision in acres; the proposed
method of disposing of all run-off from the proposed
subdivision; and the location and size of all easements
and rights-of-way, whether they are located within or
immediately adjacent to the proposed subdivision, and
other features pertinent to subdividing. The outline
of wooded areas and the location of important indi-
vidual trees. Ground elevation with contours at vertical
intervals not exceeding five (5) feet in areas of fifteen
per cent (15<}"0) grade or more than two (2) feet in
all other areas of lesser grade. Elevations marked on
such contours shall be based on datum approved by
the city engineer.
(5) The location of all existing utilities such as sanitary
and storm sewers and water, gas and power lines, in-
cluding pertinent information such as size of pipes,
location of inlets, type of power service (overhead or
underground), etc.
(6) North point, graphic scale, written scale, and date of
preparation.
(7) The location of boundary lines and their relation to
established land lines and corners and the location of
the city limits if falling within or immediately adjacent
to the tract.
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Supp. No. 24
1617
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SALINA CODE
~ IV
(8) The proposed general layout of street'S, lots, alleys,
rights-of-way, and easements and their intended use,
and setback lines; all dimensions to be shown to the
nearest one foot. Information shall include lot and
block numbers and street names.
(9) The location of all proposed utilities, public and pri-
vate, such as sanitary and storm sewers and water,
gas, telephone, cable TV, and power lines. This infor-
mation shall include size of public utility lines and show
the points of connection with existing public utilities.
(10) The width of propO'Sed street surfacing, location of
streets, and proposed order of development of streets
and public utilities.
(11) A designation of the proposed uses of land within the
subdivision, including the type of residential use; loca-
tion of business and industrial sites; and location of
sites for churches, schools, parks or other special uses,
subject to the provisions of all zoning regulations of
the City of Salina in effect at the time of submittal
of the preliminary plat.
(12) A list of proposed protective covenants.
(13) The planning commission shall not recommend for ap-
proval any preliminary plat of a subdivision which does
not make adequate provisions for storm water runoff
control. This control may be accomplished 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 pro-
fessional engineer which examines the effects of the
proposed subdivision on all upstream and downstream
drainage conditions. The scope of this report shall as-
sume the ultimate development of the entire drainage
basin based upon the current land use plan and the
current and proposed zoning of the land within the
drainage basin. Calculations 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 pro-
Supp. No. 24
1618
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~ IV
APPENDIX :B--<SUBDIVISION REGULATIONS
~v
posed subdivision on the existing storm drainage system
based upon the above submitted drainage report. The
City of Salina reserves the right to require the de-
veloper of the proposed subdivision to construct or
cause to be constructed all necessary storm drainage
systems, designed in accordance with the design criteria
established by the city engineer, prior to the issuance
of any building permit.
(C) The preliminary plat shall include all land contem-
plated for the entire eventual subdivision.
(D) The city engineer shall assign house numbers to each
lot within the proposed plat and so designate these numbers
on the copy of the preliminary plat retained by the city plan-
ning commission. (Ord. No. 8688, ~ 1, 2-26-79)
Sec. V. Final plat.
(A) The final plat shall be submitted in the form of an
original drawing in waterproof ink on linen or polyester draft-
ing film drawn to a scale no smaller than one inch to one
hundred (100) feet on a sheet no larger than thirty-two (32)
by forty-eight (48) inches. A reduced example of such a plat
is included as part of these regulations. * 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.
-Editor's note-Examples have not been printed in this volume, but
are on file in the city clerk's office.
Supp. No. 24
1618.1
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~ v
APPENDIX B-SUBDIVISION REGULATIONS
~ V
(B) The following information shall appear on the final
plat:
(1) Name of the subdivision.
(2) Location map showing the location of the 'Subdivision
relative to adjacent subdivisions, tracts, and the city
limits of Salina.
(3) A legal description of the perimeter of the tract be-
ing subdivided.
(4) The perimeter lines (boundary) of the subdivision
showing all property corners, land lines, distances,
bearings, and angle's, and other references used in the
legal description of the tract. The errOr of closure of
the perimeter survey shall not exceed one foot. for
each five thousand (5,000) feet of perimeter.
(5) All lot lines, right-of-way lines, streets, and easements
shall be shown with their dimensions to the nearest
one hundredth (1/100) of a foot.
(6) Prior to the submittal of the final plat, all points of
intersection and points of curvatures on the perimeter
boundary and all block corners, including the PC and
PT of curved block lines, shall be marked by iron monu-
ments no smaller than three-fourths (%,) inch in
diameter and two (2) feet in length, driven 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 experienced surveyor to locate or relocate all
points and lines shown on the plat, including all per-
tinent curve data. The error of closure of the bound-
aries of any enclosed area within the plat shall not
exceed one foot in three thousand (3,000) feet.
(7) All areas, except street rights-of-way and utility ease-
ments, to be dedicated to the public or reserved for
public use or for the exclusive use of the property own-
ers 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.
(8) North point, graphic scale, written scale, and date
of preparation.
1619
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SALINA CODE
~ V
(9) Protective covenants shall be lettered on the final plat
or submitted on a separate sheet with appropriate
reference made on the final plat, and signed by the
subdivider and/or owner.
(10) Lots and blocks shall be numbered in an orderly man-
ner conforming with established numbering procedures
previously used in the City of Salina and approved by
the city engineer.
(11) All building setback lines and easement lines shall be
shown and properly labeled and dimensioned.
(C) The following certificates, duly signed as appropriate,
shall appear on the Final Plat upon its submittal for final
approval.
SURVEYOR'S CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, the undersigned, do hereby certify that I am a licensed
professional engineer in the State of Kansas, with experi-
ence 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 cor-
rectly shown to the best of my knowledge and belief.
Given under my hand and seal at ____________________, Kansas,
this n______ day of ___n______n___________________, A.D. 19________.
____________ ___.....L_______________ --- - --- ----------
OWNER'S CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
This is to certify that the undersigned is the owner of
the land described in the plat, and that he has caused the
same to be surveyed and subdivided as indicated thereon,
1620
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APPENDIX B-SUBDIVISION REGULATIONS
for the uses and purposes therein set forth, and does hereby
acknowledge 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 channels
or structures upon the area marked for easements on this
plat is hereby granted.
Given under my hand at --------mm__m__u____, Kansas, this
- -- day of ----------____________________, A.D. 19m__.
- - - -- - - - -- - - ------------ ---- ---- ---." -.- - - -- - ...,...--- -- --,
I
- -- - ---- -------- -------- --- - ---- ---- --- -- -- -+-------
NOTARY CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, --------_m__u_m_m__+______________, a Notary Public in and for
said county, in the state aforesaid, do hereby certify that
---u-m-m_m_m_________m______~m_' personally known to me to be
the same persons whose names are subscribed to the fore-
going instrument as such owners, appeared before me this
day in person and acknowledged that they signed and de-
livered the plat as their own free and voluntary act for
the uses and purposes therein set forth.
Given under my hand and Notarial Seal this_______m_m_m__
day of m_m____~-- --_______m__' A. D. 19________.
_ -- _ u _u__________________________ _____ ___-(uuu__
Notary Public
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 the plat.
1621
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SALINA CODE
~ V
I further certify that I have received all statutory fees
in connection with the plat.
Given under my hand and seal at ___________n_____________, Kansas
. this ___m_nnnnnm day of ____m___m____n________m__' A. D. 19_n_____'
--....-----...---------------------------------
--------------------------------------------
County Clerk
City Clerk
CERTIFICATE 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 or any deferred
installments thereof that have not been apportioned against
the tract of land included in the plat.
Given under my hand and seal at n_u______~___mm_' Kansas,
this _m_n__n_ day of _n_m________nm_nm______' A. D. 19_n_____.
--------------------------------------------- -
------------------------------ ---~ -------- --~-
County Clerk City Clerk
SALINA CITY PLANNING COMMISSION
CERTIFICATE
STATE OF KANSAS )
) SS
CITY OF SALIN A )
Approved this um____m day of _____n__m_m__n___' A. D. 19______n.
SALINA CITY PLANNING COMMISSION
SALIN A, KANSAS
-------.-------....,...--------------------------------------- -- --- - ------ ----
Chairman
ATTEST:
-------- -------- - - --- -- -- - --- ------------------------ ---- --- --_.~ -- - -- - - -- - ,- -- -----
Secretary
SALINE COUNTY PLANNING AND ZONING
COMMISSION CERTIFICATE
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
Approved this ___mm___ day of ______________m_______' A.D. 19______n.
1622
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APPENDIX B-SUBDIVISION REGULATIONS
SALINE COUNTY PLANNING AND ZONING
COMMISSION, SALINE COUNTY, KANSAS
---------------------------------------------------- ---------------
ATTEST:
Chairman
- - - - - - -- - - - - --- - - - -- --- - -- - - ---------------- -- --------------------- ----- ---->---- ----
Secretary
CERTIFICATE OF THE CITY COMMISSION
STATE OF KANSAS )
) SS
CITY OF SALINA )
Approved this -------_____ day of --______________________, A.D. 19________.
BOARD OF CITY COMMISSIONERS OF THE
CITY OF SALINA, KANSAS
- - - ->- --- - - -- ---- -- ---------- ---- -------- ---- ------ -- - - ----- -
ATTEST:
Mayor
- - - - -- - - - - - - ---- -- - - - - -- - --- -- -- - - -- - - ----- ----- ----------- -------- - - -------------
City Clerk
CERTIFICATE OF THE COUNTY COMMISSIONERS
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
Approved this ---------___ day of ________________________, A.D. 1.9________.
BOARD OF COUNTY COMMISSIONERS OF
SALINE COUNTY, KANSAS
-----------------------------------------------------------.------------
ATTEST:
Chairman
- - -- - - - - - - - +--- - -- --- -- - - - - - --- -------- - - -------------- ---- -------- -------- -------
County Clerk
Sec. VI. Design standards.
(A) STREETS.
(1) The arrangement, character, extent, width, grade, and
location of all streets shall conform to the city plan
and shall be considered in their relation to existing
and planned streets and in their appropriate relation
to the proposed' uses of the land to be served by such
streets.
1623
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~ VI
SALINA CODE
9 VI
(2) Where the above is not shown in the city plan the ar-
rangement of streets in a subdivision shall either:
(a) Provide for the continuation or projection of ex-
isting streets using existing street widths; or,
(b) Conform to a plan for the neighborhood approved
by the city planning commission to meet a particu-
lar situation where conditions make the continu-
ance or projection of existing streets impractical.
(3) Minor streets shall be laid out so as to discourage
through traffic.
(4) The over-use of cul-de-sac streets shall be discouraged
except in cases where other street layouts prove un-
desirable.
(5) Where a subdivision abuts or contains a proposed or
existing limited or controlled access street or highway,
the city planning commission may require marginal
access streets parallel to the arterial street, reverse
frontage with nonaccess limitations along the arterial
street, or other such special treatment deemed neces-
sary for the protection of residential properties and the
separation of local and through traffic.
(6) Street jogs with centerline offsets of less than one hun-
dred fifty (150) feet shall be prohibited.
(7) A tangent of at least one hundred (100) feet along
the street centerline shall be required between reverse
curves on arterial and collector streets.
(8) When a street centerline deflects more than ten de-
grees (100) within a given block, a curve shall be in-
serted with a radius of not less than:
Expressways, major and minor
arterial streets _u______________m__n_______ _________u_ 300 feet.
Minor streets _____________________u__________________________ 150 feet.
(9) Streets shall be laid out so as to intersect as nearly as
possible at right angles and at no time shall this angle
of intersection be less than sixty degrees (600).
(10) Street right-of-way widths shall be as indicated in sub-
paragraph (A) (2,) of this section and, where not con-
trolled by the provisions of that paragraph, shaH be
not less than:
1624
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APPENDIX B-SUBDIVISION REGULATIONS s VI
(11)
Expressway _______________________________________n n_m nn 100 feet.
Major arterial street __________________m________m_u____ 80 feet.
Minor arterial street ______m__________m____________n 80 feet.
Minor street ____n________mnmn_______________________________ 60 feet.
Cul-de-sac m__ ______________m____________________-<-n____m____ 60 feet.
Marginal access street ____mm_m_________m_m______ 50 feet.
Court h_____m______________________________________________________ 50 feet.
Half streets shall be prohibited except where required
to match existing platted half streets. In this case the
half street shall be of the same width as the abutting
half street or of sufficient width to allow the whole
street to comply with the dimensions specified in sub-
paragraph (A) (10) of this section, whichever is the
greater.
A dead end street shall be designed as a cul-de-sac street
and shall consist of a sixty (60) foot right-of-way lead-
ing from a minor or minor arterial street terminated
by a circular turnaround. The right-of-way of the turn-
around shall not be less than one hundred (100) feet
in diameter. The maximum length of a cul-de-sac street
shall be six hundred (600) feet from the right-of-way
line of the connecting street along the centerlin€ right-
of-way of the cul-de-sac to the right-of-way line of the
turnaround.
Continuations of existing streets shall bear the name
of the existing street. Names of new streets shall not
be so similar to existing street names as to cause
confusion or misunderstanding. Street names shall be
subject to the approval of the city planning commis-
sion.
The improved portion of streets shall be centered with-
in the right-of-way except in the case of courts and
marginal access streets.
No street grade shall be less than three tenths of one
per cent (0.3%).
(12)
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(13)
(14)
(15)
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(B) ALLEYS.
(1) Alleys shall be discouraged in residential areas.
(2) Alleys shall be provided in commercial and industrial
districts, except that the city planning commission may
Supp. No. 22
1625
~ VI
SALINA CODE
~ VI
waive this requirement where other definite provision
is made for service access, such as off-street loading
and unloading.
(3) Alleys in commercial and industrial areas shall be at
least twenty-four (24) feet in width.
(4) Alleys shall be straight with no alley intersections or
dead end alleys permitted.
(C) EASEMENTS.
(1) Where necessary, easements across lots or centered on
lot lines shall be provided for utilities and shall be not
less than twenty (20) feet in width.
(2) At deflection points along the easement where over-
head power lines are planned, provision shall be made
for additional easement for pole guys and anchor poles.
(3) Special care shall be taken to provide for drainage
easements where the subdivision is traversed by a
watercourse, drainage way, or channel.
(D) BLOCKS.
(1) The lengths, widths, and shapes of blocks shall be de-
termined with due regard to:
(a) Provision for adequate building sites suitable for
the special needs of the type of use contemplated.
(b) Needs for convenient access, circulation. control,
and safety of street traffic.
(c) Considerations of topography.
(2) Block lengths shall not exceed eighteen hundred
(1,800) feet for blocks containing lots with widths of
eighty (80) feet or more. Blocks containing lots of less
than eighty (80) feet width shall not exceed twelve
hundred (1,200) feet.
(3) Pedestrian walkways not less than ten (10) feet in
width shall be provided through blocks where deemed
essential by the city planning commission to provide
pedestrian access to schools or other community facili-
ties.
(E) LOTS.
(1) The minimum dimensional requirements for residential
lots shall be those prescribed by the zoning regulations
Supp. No. 22
1626
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APPENDIX B-SUBDIVISION REGULATIONS ~ VII
(2)
of the City of Salina, and amendments thereto, in effect
on the date of final plat submittal.
Depth and width of properties reserved or laid out for
commercial and industrial purposes shall be adequate
to provide for the off-street service and parking facili-
ties required by the type of use, zoning district, and
development contemplated.
The subdividing of land shall be such as to provide,
by means of a public street, each lot with satisfactory
access to an existing public street.
(3)
(4)
Through (double frontage or reverse frontage) lots
shall be avoided except where essential to provide sep-
aration of residential development from traffic ar-
teries or to overcome specific disadvantages of topog-
raphy and orientation. A planting screen easement of
at least ten (10) feet, across which there shall be no
right of access, shall be provided along the line of lots
abutting such a traffic artery or other disadvantageous
use.
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(5) Side lot lines shall be at right angles or radial to streets
except in special cases approved by the city planning
commission. (Ord. No. 8558, ~ 1, 3-28-77)
Sec. VII. Variances and implementation.
(A) Where the city planning commission finds that extra-
ordinary hardships may result from strict compliance with
these regulations, it may vary the regulations so that sub-
stantial justice may be done and the public interest secured;
provided that such variation will not have the effect of nulli-
fying the intent and purpose of the city plan or these regula-
tions. In granting variances and modifications, the city plan-
ning commission may require such conditions as will, in its
judgment, secure substantially the objectives of the standards
or requirements so varied or modified.
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(B) These regulations shall become effective upon their
final approval by the city commission of the City of Salina,
Supp. No. 22
1627
~ VII
SALINA CODE
~ VII
Kansas. All plats under consideration for approval by the
city planning commission at the time that these regulations
become effective shall be required to conform to these regula-
tions to the extent as determined by the city planning com-
mission. All plats submitted for approval after these regula-
tions become effective shall conform to all sections of these
regulations.
ADOPTED by the City Planning Commission of the City
of Salina, Kansas, this 27th day of September, 1963. (Resolu-
tion No. 21)
APPROVED by the City Commission of the City of Salina,
Kansas, this 2nd day of December, 1963. (Ordinance No.
6751)
[The next page is 1633]
Supp. No. 22
1628
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APPENDIX Bl
METROPOLITAN PLANNING COMMISSION*
AMENDED AGREEMENT
This agreement made the 28th day of February, 1972, and
amended August 14, 1972, between the governing body of the
City of Salina, Kansas, hereinafter called the city and the
Board of County Commissioners of Saline County, Kansas,
hereinafter called county.
WITNESSETH:
Whereas, the city and the county have adjoining planning
.i urisdiction, and
Whereas, the city and the county are desirous to establish
a metropolitan planning commission and authorize said com-
mission to exercise authority delegated by the participating
governing bodies,
Now therefore, in consideration of the promises hereinafter
made, the city and county hereby initially agree:
1. That the city shall adopt an ordinance approving this
agreement between the city and the county.
2. That the county shall adopt a resolution approving this
agreement between the city and the county.
3. That the city and county hereby establish a commission
to be known as the metropolitan planning commission.
4. That the metropolitan planning commission shall con-
sist of nine (9) members, all of whom shall be taxpayers; of
which two (2) members shall reside outside of the corporate
limits of the City of Salina, but within the metropolitan
planning area; hereinafter called area, and the remaining
members shall be residents of the City of Salina, Kansas. One
member of the metropolitan planning commission shall be
the executive secretary of the county planning commission.
5. That upon adoption by the city and county of this agree-
ment and the establishment of the metropolitan planning com-
Supp. No. 16
1633
SALINA CODE
mission, the city shall appoint three (3) members for a three
(3) year term, three (3) members for a two (2) year term,
two (2) members for a one year term and the executive secre-
tary of the county planning commission for a perpetual term.
One three (3) year appointment and one two (2) year ap-
pointment shall reside outside the corporate limits of the
City of Salina, Kansas.
6. That all appointments after the initial appointments
as set out in paragraph 5 hereof, shall be for three (3) year
terms from the first day of May of the year in which they
are appointed.
7. That vacancies on the metropolitan planning commis-
sion caused by death, resignation or other disability of any
member shall be filed for the unexpired term only.
8. The members of the metropolitan planning commission
shall serve without compensation.
9. That the members of the metropolitan planning com-
mission shall select one of their number as chairman and
one as vice chairman, who shall serve one year or until their
successors have been selected.
10. That the members of the metropolitan planning com-
mission shall meet at least bimonthly, at such time and place
as they shall fix by resolution.
11. That special meetings of the metropolitan planning
commission may be called at any time by the chairman or
in his absence by the vice chairman.
12. That a majority of the metropolitan planning com-
mission shall constitute a quorum of the transaction of busi-
ness; and a majority vote of those present shall be necessary
for official action of the metropolitan planning commission.
13. That the metropolitan planning commission shall cause
a proper record to be kept of its proceedings, said record to
be kept in the office of the Salina Area Metropolitan Planning
Department.
Supp. No. 16
1634
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APPENDIX BI-METROPOLlTAN PLANNING COMMISSION
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14. That the commission is hereby authorized to make or
cause to be made a comprehensive plan for the development of
the metropolitan planning area.
15. That the preparation of such plan, the planning com-
mission shall make or cause to be made comprehensive surveys
and studies of past and present conditions and trends relating
to land use, population and building intensity, public facilities,
transportation and transportation facilities, economic condi-
tions, natural resources, and any other element deemed neces-
sary to the comprehensive plan.
16. That the proposed plan may, in addition to a written
presentation, include maps, plats, charts and other descrip-
tive matter, and shall show the commission's recommenda-
tions for the development or redevelopment of said territory
including:
(a) The general location, extent and relationship of the
use of land for agriculture, residence, business, in-
dustry, recreation, education, public buildings and
other community facilities, major utility facilities both
public and private and any other use deemed neces-
sary;
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(b) Population and building intensity standards and restric-
tions and the application of the same;
(c) Public facilities including transportation facilities of
all types whether persons or goods;
(d) Public improvement programming based upon a deter-
mination of relative urgency;
(e) The major sources and expenditure of public revenue
including long range financial plans for the financing
of public facilities and capital improvements, based
upon a projection of the economic and fiscal activity
of the community, both public and private;
(f) Utilization and conservation of natural resources; and
(g) Any other element deemed necessary to the proper
development or redevelopment of the area.
Supp. No. 16
1635
SALINA CODE
17. The metropolitan planning commission, by an affirma-
tive vote of a majority of its members, may approve the
recommended comprehensive plan as a whole by a single
resolution or may by successive resolutions approve parta of
the plan, said parts corresponding with the major geographi-
cal sections of the area or with functional subdivisions of
the plan. Such resolution shall specifically identify any maps,
plats, charts, or other materials made a part of such plan.
Before the approval of any such plan or' part thereof, the
commission shall hold a public hearing thereon, notice of
which shall be published once in the official city newspaper
at least twenty (20) days prior to the date fixed for hearing.
Upon the approval of any such plan or part thereof, a certi-
fied copy of the same shall be submitted to the city and
county and all other legislative and administrative agencies
affected thereby.
18. That the city and county and other legislative and ad-
ministrative agencies shall, within sixty (60) days after
the receipt thereof, consider such proposed plan or part
thereof and submit a statement containing its recommenda-
tions regarding those items which come within their respec-
tive jurisdictions to the metropolitan planning commission.
19. That the metropolitan planning commission shall con-
sider the recommendations and thereafter may adopt such
proposed plan or part thereof as the official plan of the area.
20. All reports and documents forming the plan or part
thereof, as adopted, shall bear the signature of the chairman
and secretary of the metropolitan planning commission and
an attested copy of the same shall be certified to all legis-
lative and administrative agencies affected by the plan.
21. That such plan or part thereof shall constitute the
basis or guide for public action to insure a coordinated and
harmonious development or redevelopment which will best
promote the health, safety and general welfare, as well as
a wise and efficient expenditure of public funds.
22. That the metropolitan planning commission may at any
time review or reconsider the plan or any part thereof and
Supp. No. 16
1636
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APPENDIX Bl-METROPOLITAN PLANNING COMMISSION
may propose amendments, extensions or additions to the
same. The procedure for the adoption of any such amendment,
extension or addition to any plan or part thereof shall be
the same as that required for the adoption of the original
plan or part thereof.
23. The commission shall annually review such plan for the
purpose of determining if any portion of the plan has become
obsolete and shall make a report to the governing body re-
garding the same on or before the first day of June of each
year.
24. That whenever the metropolitan planning commission
shall have adopted and certified the comprehensive plan of
the community or of one or more major sections or districts
thereof then and henceforth no public improvement, public
facility or public utility of a type embraced within the recom-
mendations of the comprehensive plan or portion thereof shall
be constructed without first being submitted to and being
approved by the commission as being in conformity with
the plan. If the metropolitan planning commission does not
make a report within sixty (60) days, the project shall be
deemed to have been approved by the metropolitan planning
commission. In case the commission shall find that any such
proposed public improvement facility or utility does not con-
form to the plan, the metropolitan planning commission shall
submit forthwith in writing the manner in which such pro-
posed improvement, facility or utility does not conform, to
the governing body sponsoring the same and such governing
body may, by a recorded vote of three-fourths (%) majority
of its membership, overrule the disapproval of the metro-
politan planning commission and the plan for the area con-
cerned shall be deemed to have been amended and the metro-
politan planning commission shall make the necessary changes
in the plan to reflect the same.
25. That the metropolitan planning commission may adopt
and may amend regulations governing the subdivision of land
located within the designated area. Before the adoption of
Supp. No. 16
1637
SALINA CODE
such regulations or any amendments thereto, the commission
shall cause a notice of the hearing to be held thereon to be
published in the official area newspaper.
26. That no such regulations, changes or amendments there-
to adopted by the metropolitan planning commission shall
become effective within the area until the same has been
submitted to and approved by the city.
27. Such subdivision regulations may provide for the har-
monious development of the community, including the proper
location and width of streets, and for building lines, open
spaces, safety and recreational facilities, flood protection and
flood plain regulations, and for the avoidance of congestion
of population, including minimum width, depth and area of
lots and compatibality of design. Such regulations may also
as a condition to the approval of any plat, require and fix
the extent to which and the manner in which streets shall
be improved and water, sewer, drainage and other utility
mains and piping or connections or other physical improve-
ments shall be installed.
28. That whenever any such regulations governing the sub-
division of land under the provisions of this act shall have
been adopted, the owner or owners of any land located within
the area governed by such regulations subdividing the same
into lots and blocks or tracts or parcels, for the purpose of
laying out any subdivisions, suburban lots, building lots,
tracts or parcels or any owner of any land establishing any
street, alley, park or other property intended for public use
or for the use of purchasers or owners of lots, tracts or
parcels of. land fronting thereon or adj acent thereto, shall
cause a plat to be made which shall accurately describe the
subdivision, lots, tracts, or parcels of land giving the location
and dimensions thereof or the location and dimensions of
all streets, alleys, parks or other properties intended to be
dedicated to public use or for the use of purchasers or owners
of lots, tracts or parcels of land fronting thereon or adjacent
thereto and every such plat shall be duly acknowledged by
the owner or owners thereof.
Supp. No. 16
1638
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APPENDIX BI-METROPOLITAN PLANNING COMMISSION
29. That all such plats shall be submitted to the metropoli-
tan planning commission, which shall determine if the same
conforms to the provisions of the subdivision regulations.
30. If such determination is not made within sixty (60)
days after the plat has been submitted for consideration, such
plat shall be deemed to have been approved and a certificate
shall be issued by the secretary of the metropolitan planning
commission upon demand.
31. That if the metropolitan planning commission shall
find that the plat does not conform to the requirements
of the subdivision regulations, it shall notify the owner or
owners of such fact.
32. That if the plat conforms to the requirements of such
regulations, there shall be endorsed thereon the fact that it
has been submitted to and approved by the metropolitan plan-
ning commission.
33. That the metropolitan planning commission may estab-
lish a scale of reasonable fees to be paid in advance to the
secretary of the metropolitan planning commission by the
applicant for approval for each plat filed with the metropoli-
tan planning commission.
34. That no building permit shall be issued for the con-
struction of any structure upon any lot, tract or parcel of
land located within the area governed by the subdivision
regulations that has been subdivided, resubdivided or replatted
after the date of the adoption of such regulations by the city
and county, but which has not been approved in the manner
provided by this act.
35. That any regulations adopted by the city or county
with reference to subdividing lots shall provide for the issu-
ance of building permits on lots divided into not more than
two (2) tracts without having to replat said lot, provided
that the resulting tracts shall not again be divided without
replatting.
36. That such subdivision regulations shall contain pro-
cedure for issuance of building permits on divided lots which
suPP. No. 16
1639
SALINA CODE
shall take into account the need for adequate street rights-
of-way, easements, improvement of public facilities and zon-
ing regulations if in existence, shall provide for a procedure
which shall specify a time limit within which action shall
be taken, and shall further provide, where applicable, for the
final decision on the issuance of such building permit to be
made by the city or the county, except as may be provided
by law.
37. The register of deeds shall not file any plat as pro-
vided by law until such plat shall bear the endorsement
hereinbefore required.
38. Such regulations shall provide that lands for agricul-
ture and its accessory uses shall not be governed by these
regulations. It may provide that in lieu of the completion
of such work or improvements prior to the final approval
of the plat, the city or county may accept a corporate surety
bond, cashier's check, escrow account or other like security
in an amount to be fixed by the city or the county and con-
ditioned upon the actual completion of such work or improve-
ments within a specified period, in accordance with such
regulations, and the governing body may enforce "neh bond
by all equitable remedies.
39. That whenever the metropolitan planning commission
has a part of its comprehensive plan adopted, a plan for its
major street or highway system, after consultations as pre-
scribed by K.S.A. 12-705c, the city may establish by ordinance
and the county may establish by resolution, building setback
lines on such existing and proposed major streets or highways
and prohibit any new building being located within such
building or setback lines within the plat jurisdiction of both
the city and the county. Such ordinance and resolution shall
incorporate by reference and official map, which may in-
clude supplementary documents, setting forth such plan show-
ing with reasonable survey accuracy the location and width of
existing or proposed major streets or highways and any
building or setback lines.
Supp. No. 16
1640
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APPENDIX BI-METROPOLITAN PLANNING COMMISSION
40. That all lands with the city and its extra-territorial
jurisdiction shall function under the authority of K.S.A. 12-716
et. seq. The city is hereby authorized by ordinance to divide
such land under its extra-territorial jurisdiction into zones
or districts, and regulate and restrict the location and use
of buildings and the uses of the land within each district or
zone. Such zones or districts may be created for the purpose
of restricting the use of buildings and land located within
the same for dwellings, business, industry, conservation,
floodplain or for other purposes deemed necessary. Such
regulations shall provide that property used for agriculture
and its accessory uses shall not be governed by these zoning
regulations. The use of buildings and land and the regula-
tions and restrictions upon the use of the same shall be uni-
form as to each zone or district but the uses and regulations
and restrictions in anyone zone or district may differ from
those in other zones or districts.
41. That before any city shall create any zone or district
or regulate or restrict the use of buildings or land therein,
the city shall require the metropolitan planning commission
to recommend the nature and number of zones or districts
which it deems necessary and the boundaries of the same and
appropriate regulation or restrictions to be enforced therein.
42. That in the preparation of such recommendations the
metropolitan planning commission shall make or cause to be
made surveys and studies of past and present uses of prop-
erty or if the city shall have adopted a land use plan as a
part of the comprehensive plan, such recommendations shall
be based thereon.
43. That upon the development of tentative recommenda-
tions, the metropolitan planning commission shall hold a
public hearing thereon and shall cause an accurate general
written summary to be made of the proceedings thereof.
44. That the secretary of the metropolitan planning com-
mission shall cause a notice of such public hearing to be pub-
lished once in the official city newspaper and at least twenty
(20) days shall elapse between the date of such publication
Supp. No. 16
1641
SALINA CODE
and the date set for hearing. Such notice shall fix the time
and place for such hearing and shall describe such proposal
in general terms. Such hearing may be adjourned from time
to time and at the conclusion of the same, the commission
shall prepare its recommendations and shall by an affirmative
vote of a majority of all of the members of the metropolitan
planning commission, adopt the same in the form of a pro-
posed zoning ordinance and shall submit the same, together
with the accurate written summary of the hearing thereon,
to the city.
45. That the city may either approve such recommendations
by the adoption of the same by ordinance or return the same
to the metropolitan planning commission for further consider-
ation, together with a statement specifying the basis for
disapproval.
46. That the metropolitan planning commission, after re-
considering the same, may resubmit its original recommenda-
tions giving the reasons therefor or submit new and amended
recommendations.
47. That upon the receipt of such recommendations, the
city may adopt or may revise or amend and adopt such
recommendations by ordinance, or it need take no further
action thereon.
48. That if the metropolitan planning commission fails
to deliver its recommendations to the city within ten (10)
days after receipt of the city's statement specifying disap-
proval, the city shall consider such course of inaction on the
part of the metropolitan planning commission as a resubmis-
sion of the original recommendations and proceed accordingly.
49. That for the purpose of defining the boundaries of zones
or districts, the city may describe such boundaries in such
ordinance, or may set out such boundaries upon a map in-
corporated and published as a part of such ordinance, or
may provide for the incorporation by reference in such ordi-
nance of an official map upon which such boundaries shall be
fixed. Such map shall be marked "official copy as incorporated
by Ordinance No. ____________," and filed in the office of the city
Supp. No. 16
1642
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APPENDIX BI-METROPOLITAN PLANNING COMMISSION
clerk or such other public office as may be designated by the
city to be open to inspection and available to the public at
all reasonable business hours.
50. That the city may from time to time supplement,
change or generally revise the boundaries or regulations con-
tained in such zoning ordinance by amendment. A proposal
for such amendment may be initiated by the city, the metro-
politan planning commission or upon application of the owner
of property affected. Any such amendment shall, if based upon
the comprehensive land use plan, be presumed to be reason-
able.
51. That the city may establish reasonable fees to be paid
in advance by the owner of any property at the time of making
application for a change in zoning of the same.
52. That all such proposed amendments shall first be sub-
mitted to the city for recommendation and report.
53. That upon the development of tentative recommenda-
tions, the metropolitan planning commission shall hold a
public hearing thereon and shall cause an accurate written
summary to be made of the proceedings, and shall give notice
in like manner as that required for the original zoning recom-
mendations.
54. That if such proposed amendment is not a general
revision of existing ordinances and will affect specific prop-
erty, it shall be designated by legal description and general
street location and in addition to such publication notice,
written notice of such proposed amendment shall be mailed
to all owners of land located within two hundred (200) feet,
excepting streets and ways, of the area proposed to be altered
and an opportunity granted to interested parties to be heard,
except notice of rezoning of any property within the extra-
territorial jurisdiction shall be mailed to all owners of land
within one thousand (1000) feet of the proposed zoning
change.
55. That failure to receive such notice shall not invali-
date any subsequent action taken.
Supp. No. 16
1643
SALINA CODE
56. That such notice is sufficient to permit the metro-
politan planning commission to recommend amendments to
zoning ordinances which affect only a portion of the land
described in the notice or which give all or any part of
the land described a zoning classification of lesser change
than that set forth in the notice: Provided, that recommending
a zoning classification of lesser change than that set forth
in the notice shall not be valid without republication and,
where necessary, remailing unless the metropolitan planning
commission shall have previously established a table or publi-
cation available to the public which designates what zoning
classifications are lesser changes authorized within the pub-
lished zoning classifications.
57. That the procedure for the consideration and adoption
of any such proposed amendments shall be in like manner as
that required for the consideration and adoption of the orig-
inal zoning ordinance except where hereinbefore or herein-
after modified.
58. That for action on zoning amendments, a qT')rum of
the metropolitan planning commission is more than one-half
(1f2) of all the members.
59. That a vote either for or against an amendment by
a majority of all of the planning commissioners present con-
stitutes a recommendation of the metropolitan planning com-
mission; whereas a vote either for or against an amendment
by less than a majority of all of the planning commissioners
present constitutes a "failure to recommend".
60. That when the metropolitan planning commission sub-
mits a recommendation of approval or disapproval of such
amendment, the governing body, if it approves such recom-
mendation, may either adopt such recommendation by ordi-
nance or take no further action thereon, as appropriate.
61. That in the event the commission submits a "failure
to recommend" to the city, the city may take such action as
it deems appropriate.
Supp. No. 16
1644
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APPENDIX B1-METROPOLITAN PLANNING COMMISSION
62. That upon receipt of a recommendation of the metro-
politan planning commission which the city disapproves,
the city shall return such recommendation to the metropolitan
planning commission with a statement specifying the basis
for disapproval and such recommendation shall be considered
in like manner as that required for the original zoning recom-
mendation returned to the metropolitan planning commission.
63. That if such amendment shall affect the boundaries
of any zone or district, the ordinance shall describe the bound-
aries as amended, or if the city has made provision for the
fixing of the same upon an official map which has been in-
corporated by reference, the amending ordinance shall define
the change or the boundary as amended, shall order the offi-
cial map to be changed to reflect such amendment and shall
amend the section of the ordinance incorporating the same
and reincorporate such map as amended.
64. That regardless of whether or not the commission ap-
proves or disapproves a proposed zoning amendment or "fails
to recommend", if a protest against such amendment be filed
in the office of the city clerk within fourteen (14) days after
the date of the conclusion of the public hearing pursuant to
said publication notice, duly signed and acknowledged by the
owners of twenty per cent (20%) or more of any real property
proposed to be rezoned or by the owners of twenty per cent
(20 %) of the total area, excepting public streets and ways,
located within or without the corporate limits of the city
and located within two hundred (200) feet (1000 feet in
extra-territorial jurisdiction) of the boundaries of the prop-
erty proposed to be rezoned, the ordinance adopting such
amendment shall not be passed except by at least three-
fourths (%) vote of all members of the governing body.
65. That ordinances passed under authority of this act
shall not apply to the existing use of any building or land,
and shall not prevent the restoration of a building damaged
not more than fifty per cent (50%) of its structural value
by fire, explosion, act of God, or the public enemy, or prevent
the continuance of the use of such building or part thereof
as such use existed at the time of such damage but shall
Supp. No. 16
1645
SALINA CODE
apply to any alteration of a building to provide for a change
in such use or a change in the use of any building or land
after the effective date of any such ordinance.
66. That the city shall have the authority to maintain suits
or actions in any court of competent jurisdiction for the pur-
pose of enforcing the provision of any ordinance passed under
this act and to abate nuisances maintained in violation thereof.
67. That in case any building or structure is or is proposed
to be erected, constructed, altered, ccnverted, or maintained,
or any building, structure, or land is or is proposed to be,
used in violation of any ordinance enacted under this act,
the building in specter, city attorney, or other appropriate
authority of the municipality, and in the event the violation
relates to a provision concerning floodplain zoning, the at-
torney general and the chief engineer of the division of water
resources of the Kansas State Board of Agriculture, may, in
addition to other remedies, institute injunction, mandamus,
or other appropriate action or proceeding to prevent such
unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use, or to correct or abate such
violation, or to prevent the occupancy of said building, struc-
ture, or land. Any person, company, corporation, institution,
municipality, or agency of the state or federal government
who shall violate any provision of an ordinance relating to
floodplain zoning, shall be subject to the penalties and reme-
dies provided in K.S.A. 12-710.
68. That all lands within the area but outside legisla-
tive jurisdiction of the city shall abide by provisions of sec-
tion 2, ex.cept, that the metropolitan planning commission
shall forward all recommendations for zoning concerning
this area to the county for adoption of plans and zoning
legislation.
69. That a board of metropolitan zoning appeals herein-
after called "board", shall be established.
70. That the board shall be comprised of seven (7) mem-
bers, all of which live within the area, one of which must
reside outside the city limits. None of its members shall
supp. No. 16
1646
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APPENDIX BI-METROPOLITAN PLANNING COMMISSION
hold an appointed or elected position with the city or county,
except the executive secretary of the county planning com-
mission shall automatically serve as one of the members,
and one member shall be a member of the metropolitan plan-
ning commission.
71. That the members first appointed shall serve respec-
tively for terms of one, two (2) and three (3) years, divided
equally or as nearly equally as possible between the members.
72. That thereafter members shall be appointed for terms
of three (3) years each.
73. That vacancies shall be filled by appointment for the
unexpired term.
74. That the members of such board shall serve without
compensation.
75. That the board shall annually elect one of its members
as chairman, and shall appoint a secretary who may be an
officer or an employee of the city.
76. That the board shall adopt rules in accordance with
the provisions of the ordinance creating the board.
77. That meetings of the board shall be held at the call
of the chairman and at such other times as the board may
determine.
78. That the board shall keep minutes of its proceedings,
showing evidence presented, findings of fact by the board,
decision of the board and the vote upon each question.
79. That records of all official actions of the board shall
be filed in its office and shall be a public record.
80. That the city may in ordinance creating such board,
establish a scale of reasonable fees to be paid in advance
by the party appealing.
81. That the board shall administer the details of appeals
from or other matters referred to it regarding the appli-
cation of the zoning ordinance as hereinafter provided.
SuPp. No. 16
1647
SALINA CODE
82. That the board shall fix a reasonable time for the
hearing of an appeal or any other matter referred to it.
83. That the notice of the time, place and subject of such
hearing shall be published once in the official city news-
paper at least twenty (20) days prior to the date fixed for
hearing. A copy of said notice shall be mailed to each party
to the appeal and to each member of the metropolitan planning
commission.
84. That appeals to the board may be taken by any person
aggrieved, or by any officer of the city or any governmental
agency or body affected by any decision of the officer ad-
ministering the provisions of the zoning ordinance.
85. That such appeal shall be taken within a reasonable
time, as provided by the rules of the board, after receipt of
a written decision by the administrative officer by filing
a notice of appeal specifying the grounds thereof and the
payment of the fee required therefor.
86. That the officer from whom the appeal is taken, when
notified by the board or its agent, shall forthwith transmit
to the board all the papers constituting the record upon which
the action appealed from was taken.
87. That the board shall have power to hear and decide
appeals where it is alleged there is error in any order, re-
quirement, decision or determination made by an adminis-
trative official in the enforcement of the zoning ordinance.
88. That upon appeal only, the board may also, when it
shall deem the same necessary, grant variances and excep-
tions to the zoning ordinance on the basis and in the manner
hereinafter provided.
(a) Variances: To authorize in specific cases a variance
from the specific terms of the ordinance which will
not be contrary to the public interest and where,
owing to special conditions, a literal enforcement of
the provisions of the ordinance will, in an individual
case, result in unnecessary hardship, and provided
that the spirit of the ordinance shan be observed, pub-
Supp. No. 16
1648
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APPENDIX BI-METROPOLITAN PLANNING COMMISSION
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lic safety and welfare secured, and substantial justice
done. Such variance shall not permit any use not
permitted by the zoning ordinance in such district. A
request for a variance may be granted in such a case,
upon a finding by the board that all of the following
conditions have been met:
(1) That the variance requested arises from such con-
dition which is unique to the property in question
and which is not ordinarily found in the same
zone or district; and is not created by an action
or actions of the property owner or the applicant;
(2) That the granting of the permit for the variance
will not adversely affect the rights of adjacent
property owners or residents;
(3) That the strict application of the provisions of
the zoning ordinance of which variance is re-
quested, win constitute unnecessary hardship upon
the property owner represented in the application;
(4) That the variance desired will not adversely affect
the public health, safety, morals, order, conven-
ience, prosperity, or general welfare; and
(5) That granting the variance desired will not be
opposed to the general spirit and intent of the
zoning ordinance.
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(b) Exceptions: The board may grant exceptions to the
provisions of the zoning ordinance in those instances
where the board is specifically authorized to grant
such exceptions and only under the terms of the zoning
ordinance. In no event shan exceptions to the provi-
sions of the zoning ordinance be granted where the
use or exception contemplated is not specifically listed
as an exception in the zoning ordinance. Further,
under no conditions shall the board of zoning appeals
have the power to grant an exception when condi-
tions of this exception, as established in the zoning
ordinance by the governing body are not found to be
present.
SuPp. No. 16
1649
SALINA CODE
89. That in exercising the foregoing powers, the board, in
conformity with the provisions of this act, may reverse or
affirm, wholly or partly, or may modify the order, require-
ment, decision, or determination, and to that end shall have all
the powers of the officer from whom the appeal is taken,
may attach appropriate conditions, and may issue or direct
the issuance of a permit.
90. That any person, official or governmental agency dis-
satisfied with any order or determination of said board may
appeal such decision within a reasonable time as provided by
the rules of the board, to the board of city commissioners if
the land involved is within the corporate limits of the city
or to the board of county commissioners if the land involved
is outside the corporate limits of the city or may bring any
action in the district court of the county in which such
property is located to determine the reasonableness of any
such order or determination.
91. That any zoning ordinance regulations, rules and maps
adopted by any city under the provisions of the act of which
this act is amendatory, shall continue in force and effect
as though adopted under the provisions of this act, until and
unless the same is modified or a new zoning ordinance is
adopted as provided in this agreement.
92. Nothing in the agreement shal.l be construed as obligat-
ing the county to funding the metropolitan planning, nor shall
it be construed as prohibiting any funding obligation of the
county under subsequent agreements.
93. This agreement shall be in full force and effect upon
approval by the attorney general of the State of Kansas.
Supp. No. 16
[The next page is 1655]
1650
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APPENDIX C
CITY -COUNTY EMERGENCY PREPAREDNESS BOARD
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RESOLUTION NUMBER 3245
A RESOLUTION ESTABLISHING AN EMERGENCY PRE-
PAREDNESS ORGANIZATION BETWEEN THE CITY OF
SALINA, KANSAS, AND THE COUNTY OF SALINE, KAN-
SAS; ESTABLISHING A SALINA-SALINE COUNTY EMER-
GENCY PREPAREDNESS BOARD, PROVIDING FOR THE
MANNER OF APPOINTMENT THEREOF AND DEFINING
THE POWERS AND DUTIES OF SAID BOARD; CREATING
THE POSITION OF COORDINATOR OF THE SALINA-
SALINE COUNTY EMERGENCY PREPAREDNESS DE-
P ARTMENT AND DEFINING THE DUTIES THEREOF;
PROVIDING FOR THE EMERGENCY PREPAREDNESS
BOARD BUDGET AND EXPENDITURES; AND REPEAL-
ING THE PROVISIONS OF RESOLUTION NUMBERS 2608
AND 2967.
WHEREAS, the governing bodies of the City of Salina and
COl!nty of Saline, State of Kansas, deem it advisable to
establish the Saline-Saline County Emergency Preparedness
Department under the supervision of a Board in order that
there may be close cooperation between various departments
now and to be established in the City of Salina and the County
of Saline; and
WHEREAS, the Office of Civil Defense is hereby abolished
and there is hereby established the Salina-Saline County
Emergency Preparedness Department, to the extent provided
in this Resolution, all of the powers, duties, and functions of
such Civil Defense Office are hereby transferred to and con-
ferred and imposed upon the Salina-Saline County Emergency
Preparedness Department; and
WHEREAS, the Salina-Saline County Emergency Prepared-
ness Department and the powers, duties, and functions thereof
.
Supp. No. 20
1655
~ 1
SALINA CODE
~ 2
shall be administered, under the supervision of the Salina-
Saline County Emergency Preparedness Board, by the Coordi-
nator, who shall be chief administrative officer thereof, and
carry out the precepts, pronouncements, and basic policies
in conformance with the Disaster Emergency Plan of the State
of Kansas and the Division of Emergency Preparedness of
the State of Kansas, SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of
Salina, Kansas:
Sec. 1. Purposes.
The declared purposes of this resolution are to provide
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 disaster. (Res. No. 3245, ~ 1,9-8-75)
Sec. 2. Definitions.
(a) Emergency preparedness. As used in this resolution, the
term "emergency preparedness" means the preparation for
and the carrying out of all emergency functions, other than
functions for which military forces or other federal agencies
are primarily responsible, to prevent, minimize, and repair
inj ury and damage resulting from disasters.
(b) Disaster. As used in this resolution, the term "disaster"
shall mean the occurrence or imminent threat of widespread
or severe damage, inj ury 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. (Res. No. 3245,
~ 2, 9-8-75)
Supp. No. 20
1656
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~ 3 APPENDIX C-EMERGENCY PRE'PAREDNESS BOARD ~ 3
Sec. 3. Organization of board.
(a) There is hereby created a Salina-Saline County Emer-
gency Preparedness Board, hereinafter referred to as the
"board", which shall consist of five (5) members to be selected
as follows:
(1) The board of commissioners of the City of Salina,
Kansas, 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 Saline County shall ap-
point two (2) members, at least one of which shall be
a county commission. 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 provided 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
Saline County shall appoint the fifth member by J an-
uary 20th.
(b) The board shall organize annually on or before January
30th of each year. In the event of resignation or death of any
member of the board, his position shall be filled by the original
appointing body.
(c) The members of the board shall serve without com-
pensation, but shall be reimbursed for actual and necessary
expenses incurred in connection with their duties.
(d) The board shall be provided with appropriate 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 payable have
Supp. No. 20
1657
~ 3
SALINA CODE
~ 4
been designated. Provided, nothing herein shall be construed
as requiring such authorization or designation where work is
done by a regular 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)
See. 4. Power and duties of the board.
The Salina-Saline County Emergency Preparedness Board
shall have the following powers and duties:
(a) To employ an overall coordinator to supervise and co-
ordinate the activities of all emergency preparedness in
the city and county. Said coordinator shall have author-
ity to make additional appointments, however, they
shall be confirmed by the board before becoming ef-
fective.
(b) To adopt, amend, and repeal rules, regulations and by-
laws governing its procedure and activities.
(c) To supervise Salina-Saline County Emergency Prepared-
ness Department and to cooperate with any federal and
state agencies created and existing from time to time
for the purpose of effectuating emergency preparedness.
(d) To act jointly and cooperate with other emergency
preparedness organizations.
(e) To assist the division of emergency preparedness of
the State .of Kansas and perform such services as re-
quired.
(f) To create boards and/or committees, either within or
without its membership, to aid in the discharge of its
power and duties.
(g) To supervise and direct investigations and report to
the governing bodies of the city and county and to
the governor and adjutant general of the State of
Kansas with recommendations for legislation, regula-
tions or other appropriate action as it may deem
Supp. No. 20
1658
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.
~ 4 APPENDIX C-EMERGENCY PREPAREDNESS BOARD ~ 5
necessary with respect to the type of activity or mat-
ters of public concern or welfare insofar as the same
shall or may be related to defense and relief from the
effects of man-made or natural disasters.
(h) To request the cooperation and assistance of the agencies
and officials of the City of Salina and County of Saline
in the State of Kansas.
(1) To confirm emergency plans and the expenditure of
funds.
(j) To exercise the legislative function. (Res. No. 3245, ~
4,9-8-75)
Sec. 5. Authority and duties of the coordinator of Salina-Saline
County Emergency Preparedness Department.
There is hereby created the position of coordinator of
Salina-Saline County Emergency Preparedness Department.
Such coordinator shall be employed by the board.
The coordinator is hereby empowered:
(a) 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 commis-
sioners are in session, or, to issue such proclamation
if the boards of city and county commissioners are not
in session, subject to confirmation by the board of city
and county commissioners at the earliest practicable
time.
(b) Through the city and city commissioners, to proclaim
a state of disaster or a state of extreme emergency
when in the opinion of the coordinator, local resources
are inadequate to cope with the disaster.
(c) To control and direct the effort of emergency prepared-
ness in this city and county for the accomplishment
of the purpose of this resolution.
Supp. No. 20
1659
fi 5
SALINA CODE
fi 7
(d) To coordinate the cooperation between divisions, serv-
ices, and staff of the emergency preparedness effort of
this city and county, and to resolve questions of authority
that may arise between them.
(e) To administer emergency preparedness pursuant to pro-
grams and methods approved by the board.
(f) To supervise the administrative functions of the Salina
Saline County Emergency Preparedness Department.
(g) To represent the Salina-Saline County Emergency Pre-
paredness Department in all dealings with the public,
private business and industry, and government agencies
pertaining to emergency preparedness functions. (Res.
No. 3245, ~ 5,9-8-75)
Sec. 6. 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 powers of the coordinator, until such time as the coordi-
nator reverts to his position or a new coordinator is employed
by the board. In the event the assistant coordinator is unable to
assume the duties 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. 7. Organization of emergency preparedness.
All officials and employees of the city and county, 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 with duties
incidental to the protection of life and property in the city and
county during such disaster, shall constitute the emergency
preparedness organization of the City of Salina and County
of Saline, State of Kansas. (Res. No. 3245, ~ 7, 9-8-75)
Supp. No. 20
1660
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~ 8 APPENDIX C-EMERGENCY PREPAREDNESS BOARD ~ 10
Sec. 8. Budget and expenditures.
The emergency preparedness board shall prepare a proposed
budget estimating the amount of funds necessary to carry
on the program of emergency preparedness, which budget
shall be submitted 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 of
Salina and County of Saline. 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)
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Sec. 9. Termination of board.
The Salina-Saline County Emergency Preparedness Board
shall terminate or cease activities whenever 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. Necessity declared.
This resolution is hereby declared necessary for the preser-
vation of the public peace, health and safety. (Res. No. 3245,
~ 10, 9-8-75)
Adopted by the Board of Commissioners and signed by the
Mayor this 8th day of September, 1975.
[The next page is 1687]
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Supp. No. 20
1661
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APPENDIX D
CITY-COUNTY HEALTH DEPARTMENT*
ARTICLE I. JOINT DEP ARTMENTt
RESOLUTION NUMBER 1576
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JOINT RESOLUTION OF THE COUNTY OF SALINE, AND
THE CITY OF SALINA IN SALINE COUNTY, KANSAS,
ESTABLISHING BY RESOLUTION A JOINT CITY.
COUNTY BOARD OF HEALTH, PRESCRIBING THE
DUTIES, POWERS AND BUDGET OF SUCH BOARD.
WHEREAS, the governing bodies of Saline County and of
the City of Salina within Saline County, deem that the public
health and sanitation of the county and city will be best pro-
moted by the creation of a joint Board of Health in said
County of Saline and the said City of Salina, State of Kansas.
NOW THEREFORE, BE IT RESOLVED by the Board of
Commissioners of Saline County and the City of Salina, State
of Kansas, a quorum of each group being present and voting
at their respective meetings:
Sec. 1. Organization of joint city-eounty board of health.
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 composed of eleven (11) members
to be selected as follows:
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*Cross references-For air pollution, Stll! Ch. 4; for animals and fowl,
~ee Ch. 8; for food and food handlers, see Ch. 14; for health and sani-
tation generally, see Ch. 15; for housing,. see Ch. 16; for mobile homes
and mobile home courts, see Ch. 21; for municipal swimming pools, see
~ 25-15 et se~.; for private swimming pools, see ~ 25-29 et seq.; for
refuse re~ulatlOns, see Ch. 31; for water and sewers, see Ch. 35.
tEditor 8 note-Appendix D, Art. I, contains Resolution No. 1576,
relating to the joint city-county health department, adopted by the
city and county June 28, 1955. The editors have in some instances
changed the catchlines in boldface type preceding sections to accurately
reflect content. Also, clarifyinlt words and phrases have been added in
brackets [] where necessary.
State law reference-For joint boards of health, see K.S.A. 65-205
et seq.
Supp. No. 22
1687
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SALINA CODE
~ 1
(a) Each of the three (3) members of the board of com-
missioners of the County of Saline shall be members
of the joint board during their term in office as county
commissioners.
(b) The mayor of the board of commissioners of the City
of Salina 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.
(c) The six (6) members from the county and city board
of commissioners shall select five (5) additional mem-
bers for the joint board, as follows:
(1) From a list containing the names of two (2) or
more doctors of medicine practicing within the
corporate limits of the County of Saline, selected
by the Saline County Medical Society, they shall
appoint one member whose term shall expire July
1, 1979.
(2) From a list containing the names of two (2) or
more registered nurses having legal residence in
and residing in the corporate limits of the County
of Saline, selected by the Board of Directors of the
District Nurses' Association of which the County
of Saline is a part, they shall appoint one member
whose term shall expire July 1, 1978.
(3) From a list containing the names of two (2) or
more dentists, practicing within the County of
Saline, selected by the Salina Dental Society, they
shall appoint one member whose term shall expire
July 1, 1979.
(4) From a list containing the names of two (2) or
more doctors of veterinary medicine, practicing
within the County of Saline, selected by Saline
County Veterinary Medical Association, they shall
appoint one member whose term shall expire July 1,
1980.
(5) They shall select one member at large, whose term
shall expire July 1, 1977.
Supp. No. 22
1688
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~ 1 APPENDIX D-CITY-CQUNTY HEALTH DEPARTMENT ~ 2
(6) 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. 3311, 3-14-77)
Sec. 2. Powers and duties.
(a) The joint city-county board of health shall determine
and define the polici~s for the promotion of the public health
and sanitation of the County of Saline and the City of Salina.
(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 said
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Supp. No. 22
1688.1
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~ 2 APPENDIX D-CITY-COUNTY HEALTH DEPARTMENT ~ 3
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 paragraph (a) above to be effective.
(c) To adopt, amend and repeal rules, regulations and by-
laws governing its procedure and activities.
(d) All powers, duties and limitations as are now or here-
after may be provided by law for creation and conduct of
boards of health as now conferred by law upon local municipal
or county boards of health.
(e) All money provided for health and sanitation purposes
by the boards of commissioners of Salina and Saline 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 expenditures
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 said board as ordered
by it.
(f) The joint board of health shall, during the first month
of each year, file with the boards of commissioners of the
City of Salina and Saline County a report of its activities
and a statement of all receipts and expenditures during the
preceding calendar year.
Sec. 3. Officers.
A chairman and vice chairman shall be elected by the joint
board from its membership. A treasurer shall also be appoint-
ed by the joint board.
The health officer, director of the city-county health depart-
ment, 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 aforesaid and until his successor is
1689
~ 3
SALINA CODE
~ 5
elected and qualified, and shall give bond to be approved by
the governing bodies of the 'Said city and county commissions
[sic], for the safekeeping and due disbursements of all funds
that may come into his hands.
Sec. 4. Budget and expenditures.
The joint city-county board of health shall prepare a pro-
posed annual budget estimating the amount of funds neces-
sary to carryon public health activities, which budget shall
be 'Submitted to the boards of commissioners of Saline County
and Salina, Kansas, not later than thirty (30) days before
the proposed adoption by each of said boards.
When the proposed budget is approved by each of the afore-
said governing bodies, the funds necessary to meet the nec-
essary expenditures shall be provided by the afore'Said gov-
erning 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.
Sec. 5. Termination of joint city-county board of health.
The joint city-county board of health shall terminate and
cease activity whenever either governing body adopts a reso-
lution declaring its intention to withdraw from the agreement,
and joint board of health shall give written notice thereof
to the other governing body on or before July 15 of any fiscal
year, and such withdrawal and dissolution 'Shall become effec-
tive 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 has its origin, in the same proportiou in which
the said governing bodies contributed during the last fiscal
year. All other unexpended :financial contributions shall be
returned to their respective donors.
1690
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~ 6 APPENDIX D-CITY-COUNTY HEALTH DEPARTMENT Art. II
Sec. 6. Effective date.
This resolution shall take effect and be in force from and
after the adoption by the governing bodies of the County of
Saline and the City of Salina, State of Kansas.
Adopted at Salina, Kansas, on this 28th day of June 1955.
Article II. Financial Agreement
AGREEMENT
It is hereby mutually agreed by and between the Board of
Commissioners of the City of Salina, Kansas, and the Board
of Commissioners of Saline County, Kansas, that the funds
necessary to meet the expenditures of the joint city-county
board of health shall be provided as follows:
(1) Pursuant to Chapter 285, Session Laws of Kansas for
1955, Saline County will levy a special tax of one-
fourth (lit,) mill in accordance with the provisions of
General Statutes of 1949, Section 65-204 [K.S.A. 65-
204], as amended. Moneys thus appropriated together
with all fees collected for direct service by the Saline
County Guidance Center shall be used as necessary
to provide the total approved budget of the Saline
County Guidance Center.
(2) Fees received by the joint city-county board of health
from direct service in the enforcement of the City of
Salina milk ordinance shall be deposited with the
treasurer of the City of Salina.
(3) The County of Saline shall appropriate for general
public health an amount equal to one-half (112) the
approved joint city-county board of health general pub-
lic health budget less an amount equal to one-half (112)
the amount collected for direct service in the enforce-
ment of the City of Salina milk ordinance and deposited
with the city treasurer during the preceding year.
(4) The City of Salina shall appropriate for general public
health an amount equal to one-half (112) the approved
1691
Art. II
SALINA CODE
Art. II
joint city-county board of health general public health
budget plus an amount equal to one-half (1f2) the
amount collected for direct service in the enforcement
of the City of Salina milk ordinance and deposited with
the city treasurer during the preceding year.
WITNESS our signatures on this Agreement in our repre-
sentative capacity on this 12th day of January, 1960.
1692
[The next page is 1717]
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APPENDIX E
FRANCHISES*
Article I. Gas and Electricityt
(Published in the Salina Journal June 23, 1967)
ORDINANCE NO. 6981
AN ORDINANCE, GRANTING TO THE KANSAS POWER
AND LIGHT COMPANY, A KANSAS CORPORATION,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC
FRANCHISE, PRESCRIBING THE TERMS THEREOF
AND RELATING THERETO, AND REPEALING ALL
ORDINANCES 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. That in consideration of the ben~fits to be de-
rived by the City of Salina, Kansas, and its inhabitants,
there is hereby granted The Kansas Power and Light
Company, a Kansas corporation, hereinafter .sometimes
designated as "Company", said Company being a cor-
poration operating a system for the transmission of
electric current between two or more iJ?corporatE;!d cities
in the State of Kansas, into and through' Which it has
built transmission 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
public places of said City, for the placing and maintain-
ing 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
*Cross reference-For public utilities generally, see Ch. 30. .
tEditor's note--Ordinances Nos.' 6981 and 6982superselled Ord: No.
5364, adopted March 28, 1949, published March 30, 1949, and effective
for a period of 20 years thereafter, granting to the Kansas Power
and Light Company an electric and natural gas franchise, and.said
Ordinances Nos. 6981 and 6982 have therefore been insterted in Article
I of Appendix E in lieu of said Ord. No. 5364.
Supp. No.8
.' .-., .'
" ,I,,'. "I. :'J.,
1717
Art. I, ~ 1
SALINA CODE
Art. I, ~ 6
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. 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 Com-
pany, 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 percent-
age shall be effective from and after the next payment
date following said request by the City.
Section 3. That the Company, its successors and assigns,
in the construction, maintenance, and operation of its
electric transmission, distribution and street 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. That within sixty (60) days from and after the
passage and approval of this ordinance, said Company
shall file with the City Clerk of said City of Salina,
Kansas, its unconditional written acceptance of this
ordinance.
Section 5. That any and all ordinances in conflict with
the terms hereof are hereby repealed.
Section 6. That this ordinance shall become effective and
be' in force and shall be and become a binding contract
SUPP. No.3
1718
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Art. I, ~ 6
APPENDIX E-FRANCHISES
Art. I, ~ 1
between the parties hereto, their successors and as-
signs, from and after its passage, approval, publication
as required by law, and acceptance by Company.
Section 7. This franchise is granted pursuant to the pro-
visions of K.S.A. 12-824.
Passed and approved this 19th day of June, 1967.
(Published in the Salina Journal June 23, 1967)
ORDINANCE NO. 6982
AN ORDINANCE GRANTING TO THE KANSAS POWER
AND LIGHT COMPANY, A KANSAS CORPORATION,
ITS SUCCESSORS AND ASSIGNS, A NATURAL GAS
FRANCHISE, PRESCRIBING THE TERMS THEREOF
AND RELATING THERETO, AND REPEALING ALL
ORDINANCES 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. That the consideration of the benefits to be
derived by the City of Salina, Kansas, and its inhabi-
tants, there is hereby granted to the Kansas Power
and Light Company, hereinafter sometimes designated
as "Company", said Company being a Kansas corpora-
tion 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, ave-
nues, alleys, bridges, parks, parkings, and public places
of said City for the placing and maintaining of pipe
lines and other equipment necessary to carryon the
business of selling and distributing natural gas for all
purposes to the City of Salina, Kansas, and its inhabi-
tants, and through said City and beyond the limits
thereof; to obtain said natural gas from any source
Supp. No.3
1719
Art. I, S 1
SALINA CODE
Art. I, S 5
available, and to do all things necessary or proper
to carryon said natural gas business in the City of
Salina, Kansas.
Section 2. 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 payment 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 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. 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 structure already in-
stalled.
Section 4. Company shall, in the doing of any work in
connection with its said gas mains, pipes and services,
avoid, so far as may be practicable, interfering with
the use of any street, alley, avenue or other public
thoroughfare, and where Company disturbs the sur-
face of a street, alley, avenue or other public thorough-
fare, it shall at its own expense and in a manner
satisfactory to the duly authorized rep,resentatives, of
the City replace such paving or surface in substantially
as good condition as before said work was commenced.
Section 5. It is recognized that the natural gas to be deliver-
ed hereunder is to be supplied from a pipe line system
transporting natural gas from distant sources of
supply; and the Company, by its acceptance of this
Supp. No.8
1720
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Art. I, S 5
APPENDIX E-FRANCHISES
Art. II
franchise as hereinafter provided, 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. 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. 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 Salina,
Kansas, its unconditioned written acceptance of this
ordinance.
Section 8. 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 successors and assigns,
after its passage, approval and publication as required
by law, and acceptance by said Company.
Section 9. This franchise is granted pursuant to the pro-
visions of KS.A. 12-824.
Section 10. 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 II. Motor Buses
(Published in the Salina Journal August 12th, 19th, & 20th,
1964.)
ORDINANCE NUMBER 6803
AN ORDINANCE GRANTING TO DONALD L. TUCKER A
FRANCHISE FOR THE OPERATION OF MOTOR
BUSES IN THE CITY OF SALINA, KANSAS.
SuPp. No.3
1720.1
Art. II. ~ 1
SALINA CODE
Art.II.~ 1
Be it ordained by the Board of Commissioners of the City
of Salina, Kansas:
Section 1. Pursuant to the authority granted under Chapter
12-2001 and 2002 of the 1961 Supplement of the Gen-
eral Statutes of Kansas, 1949, there is hereby granted
to Donald L. Tucker, and his assigns, hereinafter des-
ignated as grantee, a franchise for the operation of a
system of motor buses for the transportation of per-
sons for hire over, upon, along and across the following
streets in the City of Salina, Kansas.
ROUTE 1
Beginning at the intersection of Santa Fe A venue
and Iron A venue; thence south on Santa Fe A venue
to Claflin A venue; thence west on Claflin A venue to
Highland Avenue; thence south on Highland Avenue
Supp. No. II
1720.2
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Art. II, ~. 1
APPENDIX E-FRANCHISES
Art. II, ~1
to Cloud Street; thence east on Cloud Street to Larson
Street; thence south on Larson Street to Leslie A venue;
thence west on Leslie Avenue to Highland Avenue;
thence north on Highland A venue to Charlotte Street;
thence west on Charlotte Street to Ninth Street; thence
north on Ninth Street to Minneapolis Avenue; thence
east on Minneapolis Avenue to Santa Fe Avenue;
thence north on Santa Fe A venue to Walnut Street;
thence west on Walnut Street to Seventh Street: thence
north on Seventh Street to Ash Street; thence east on
Ash Street to Santa Fe Avenue; thence south on Santa
Fe Avenue to point of beginning.
ROUTE 2
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Beginning at the intersection of Santa Fe Avenue and
Iron Avenue; thence west on Iron Avenue to Seventh
Street; thence north on Seventh Street to Ash Street;
thence east on Ash Street to Santa Fe Avenue; thence
north on Santa Fe Avenue to Otis Avenue; thence east
on Otis Avenue to Fifth Street; thence north on Fifth
Street to Euclid Avenue; thence west on Euclid Avenue
to Ninth Street; thence south on Ninth Street to Grand
Avenue; thence west on Grand Avenue to Twelfth
Street; thence south on Twelfth Street to Bishop
Street; thence west on Bishop Street to Thirteenth
Street; thence south on Thirteenth Street to Elm
Street; thence east on Elm Street to Santa Fe Avenue;
thence south on Santa Fe Avenue to point of beginning.
ROUTE 3
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Beginning at the intersection of Santa Fe Avenue
and Iron Avenue; thence west on Iron Avenue to Sev-
enth Street; thence north on Seventh Street to Ash
Street; thence east on Ash Street to Fifth Street;
thence south on Fifth Street to Iron Avenue; thence
east on Iron Avenue to Oakdale Avenue; thence south
on Oakdale Avenue to Kenwood Park; thence through
Kenwood Park to Front Street; thence south on Front
Street to McAdams Road; thence east on McAdams
Road to Roach Street; thence south on Roach Street
1721
Art. II, ~ 1
SALINA CODE
Art. II, ~ 1
to Belmont Boulevard; thence west on Belmont Boule-
vard to Wesley Street; thence north on Wesley Street
to Leslie A venue; thence east on Leslie A venue to
Norton Street; thence north on Norton Street to Cloud
Street; thence west on Cloud Street to Osborne Street;
thence north on Osborne Street to Republic Avenue;
thence east on Republic Avenue to Front Street; thence
north on Front Street to Crawford Street; thence east
on Crawford Street to Ohio Street; thence north on
Ohio Street to Westchester Drive; thence east on West-
chester Drive to Delaware A ven ue; thence north on
Delaware Avenue to Gypsum Avenue; thence west
on Gypsum Avenue to Front Street; thence north on
Front Street to Iron A venue; thence west on Iron A ve-
nue to point of beginning.
ROUTE 4
Beginning at the intersection of Santa Fe Avenue
and Iron Avenue; thence west on Iron Avenue to Sev-
enth Street; thence north on Seventh Street to Ash
Street; thence east on Ash Street to Fifth Street;
thence south on Fifth Street to Iron A venue; thence
east on Iron A venue to Crestview Drive; thence east
on Crestview Drive to Hilldale Road; thence south on
Hilldale to Melrose Lane; thence west on Melrose Lane
to Knollcrest; thence west on Knollcrest to Marymount
Road; thence south on Marymount Road to Glen Ave-
nue; thence east on Glen A venue to Beechwood Road;
thence south on Beechwood Road to N orthwood Lane;
thence west on Northwood Lane to Marymount Road;
thence south on Marymount Road' to Starlight Drive;
thence west on Starlight Drive to Claremont Drive;
thence north on Claremont Drive to Ruskin Road;
thence east on Ruskin Road to Marymount Road;
thence north on Marymount Road to Iron Avenue;
thence west on Iron Avenue to Ohio Street; thence
north on Ohio Street to Ash Street; thence west on
Ash Street to Des Moines Avenue; thence north on
Des Moines Avenue to Elm Street; thence west on Elm
Street to Penn Avenue; thence south on Penn Avenue
1722
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Art. II, 9 1
APPENDIX E-FRANCHISES
Art. II, 9 2
to Johnstown Avenue; thence west on Johnstown Ave-
nue to Oakdale Avenue; thence north on Oakdale Ave-
nue to Ash Street; thence west on Ash Street to Santa
Fe Avenue; thence south on Santa Fe Avenue to point
of beginning.
ROUTE 5
Beginning at the intersection of Santa Fe Avenue
and Iron Avenue; thence west on Iron Avenue to Col-
lege Avenue; thence south on College Avenue to Pres-
cott Avenue; thence east on Prescott A venue to Twelfth
Street; thence south on Twelfth Street to Custer Street;
thence south on Custer Street to Republic A venue;
thence east on Republic Avenue to Pershing Street;
thence south on Pershing Street to Hageman Avenue;
thence south on Hageman Avenue to Garden Avenue;
thence west on Garden Avenue to Haskett Avenue;
thence north on Haskett Avenue to Cloud Street; thence
west on Cloud Street to Beach Street; thence north
on Beach Street to Oak Circle; thence east on Oak
Circle to Oak Street; thence north on Oak Street to
Pawnee Avenue; thence east on Pawnee Avenue to
Osage Avenue; thence north on Osage Avenue to Re-
public Avenue; thence west on Republic Avenue to
Cherokee Drive; thence north on Cherokee Drive to
Crawford Avenue; thence east on Crawford Avenue
to Twelfth Street; thence north on Twelfth Street to
Prescott Avenue; thence west on Prescott Avenue to
Phillips Street; thence north on Phillips Street to Iron
A ven ue ; thence east on Iron A ven ue to Seventh Street;
thence north on Seventh Street to Ash Street; thence
east on Ash Street to Santa Fe Avenue; thence south
on Santa Fe Avenue to point of beginning.
PROVIDED, That any two (2) or more of said routes may
be combined, and that any or all of the said routes may be
transversed' in the reverse direction. (Ord. No. 6840, S 1,
12-28-64)
Section 2. That, with the consent and approval of the gov-
erning body of the City of Salina, said grantee shall
also have the right to change, alter, or abandon said
1723
Art. II, ~ 2
SALINA CODE
Art. II, ~ 8
routes he,reinabove described, and to establish, oper-
ate and abandon such additional routes as may be
deemed necessary or proper from time to time for the
purpose of furnishing the citizens of Salina convenient
and adequate transportation facilities to and from all
parts of said city; and also, for such purposes, to oper-
ate buses temporarily over such routes and to such
parts of said city as may be designated by the gov-
erning body of said city.
Section 3. That no bus service shall be extended under this
franchise on Sundays or holidays.
Section 4. That the grantee shall operate buses from 6 :30
a.m. to 6 :30 p.m. on headways of not less than one
hour frequency, but may operate buses for a longer
period of time and for more frequent headways if
they so desire: Provided however, that 'Such hours of
service and frequency of headways shall not apply to
the air base route.
Section 5. That the rights and privileges hereby granted
for the operation of motor buses shall continue for the
term and' period of ten (10) years from the effective
date hereof.
Section 6. That the motive power for said motor buses shall
be internal combustion engines using gasoline or other
suitable fuel or electric motors: Provided however,
that in the event of the discovery of any new motor
power suitable for such purposes, said grantee may
use the same in the operation of said buses.
Section 7. That all motor buses operated by said grantee
under this franchise shall be operated subject to the
provision of any traffic ordinances of said city now
in force, or hereafter enacted, so far as the same refer
to motor vehicles: Provided however, that said buses
shall have precedence over all other vehicles, except
fire and police department vehicles and ambulances.
Section 8. That the rate or fare for a passenger upon any
regular line or route of said motor buses shall not
exceed twenty-five cents ($0.25) for each passenger
for one continuous passage in the same direction within
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Art. II, ~ 8
APPENDIX E-FRANCHISES
Art. II, ~ 13
the limits of said city, and said grantee shall furnish
such transfers as shall be necessary to accomplish this
result.
Section 9. That said grantee shall equip its line with buses,
properly lighted and heated to provide for the comfort
and safety of its passengers, and shall keep the same
in good state of repair. Said buses shall stop for the
purpose of receiving and discharging passengers im-
mediately before and after passing street intersections.
Section 10. That said grantee shall carry insurance upon
its operating equipment of at least $50,000 covering
liability for personal injury to anyone person in any
one accident, $100,000 covering liability for personal
injury to any two (2) or more persons for anyone
accident, and $10,000 covering liability on property
damage resulting from anyone accident.
Section 11. That in consideration of and as compensation
for the franchise hereby granted and in lieu of all
occupation and license taxes, or other taxes imposed
by said city, the grantee shall pay said city each year
the sum of $10.00 per year per bus for the number
of buses regularly operated on the established routes
of said grantee, including the regular bus, if any,
serving the Schilling Air Force Base, using in part
the public streets of the City of Salina. Such sum shall
be paid by the grantee to the city on or before the first
day of January of each year; provided however, that
the payment for the period from July 1, 1965, to
December 31, 1965, shall be one-half Ph) of the above
rate. (Ord. No. 6864, S 1, 7-12-65)
Section 12. That this ordinance shall not be effective unless
within thirty days after this ordinance is finally passed
said grantee shall file with the city clerk of the City
of Salina, Kansas, its acceptance in writing of the
terms, conditions and provisions hereof.
Section 13. Grantee by accepting the provisions of this
ordinance hereby agrees to hold the city harmless
from any and all claims for damages and suits for
damages growing out of or resulting from the operation
1725
Art. II, ~ 13
SALINA CODE
Art. II, ~ 19
of motor buses of the grantee in said city except such
as may result from or be caused by the act of said
city or its agents, servants or employees.
Section 14. That this ordinance shall take effect and be in
force from and after its final passage, approval and
publication according to law, and upon the grantee's
compliance with the provisions of Section 12 of this
ordinance.
Section 15. That the franchise hereby granted may be trans-
ferred and assigned by the grantee herein or its as-
signs; and that in the event of such assignment all of
the rights and privileges herein granted and all of the
obligations hereby imposed shall inure to the benefit
of and be binding upon such assignee or assignees.
Section 16. The city shall cause to be set aside as bus zones
certain parts of streets along the route of said bus
system for adequate accommodation of said buses in
taking on and unloading passengers.
Section 17. The City of Salina or the grantee shall each have
the right to terminate this franchise by giving the other
written notice of termination at least sixty (60) days
in advance of the date set for termination. The actual
discontinuance of such service in said city by the
grantee for a continuous period of ten (10) days or
more shall, except where caused by civil riot, strikes,
acts of God, or some other such cause beyond the con-
trol of the grantee or assignee, operate as a forfeiture,
and all rights and privileges granted under this ordi-
nance shall thereupon be terminated.
Section 18. In the event any part or parts of this ordinance
shall be determined to be invalid, such determination
of invalidity shall not affect any other portion of this
ordinance.
Section 19. That all ordinances or parts of ordinances in
conflict herewith be and same are hereby repealed.
Passed and approved by the Governing Body of the
City of Salina, Kansas, this 3rd day of August, 1964.
1726
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Art. III, ~ 1
APPENDIX E-FRANCHISES
Art. III, ~ 1
ARTICLE III. TELEVISION ANTENNA
(First Published in The Salina Journal March 3, 1977)
ORDINANCE NUMBER 8544
AN ORDINANCE OF THE CITY OF SALINA, KAN-
SAS, GRANTING TO SALINA CABLE T.V. SYSTEM,
INC., A CORPORATION, ITS SUCCESSORS, LESSEES
AND ASSIGNS, \ FOR A TERM OF FIFTEEN (15)
YEARS, THE RIGHT, AUTHORITY, POWER AND
FRANCHISE TO ESTABLISH, CONSTRUCT, ACQUIRE,
MAINTAIN AND OPERATE A COMMUNITY ANTEN-
NAE AND CLOSED-CIRCUIT ELECTRONIC SYSTEM
WITHIN THE CITY OF SALINA, KANSAS, TO REN-
DER, FURNISH AND SELL COMMUNITY ANTEN-
NAE AND CLOSED-CIRCUIT ELECTRONIC SERVICE
THEREFROM WITHIN THE CITY OF SALINA, KAN-
SAS, AND ENVIRONS THEREOF, AND TO USE AND
OCCUpy THE STREETS AND OTHER PUBLIC PLACES
OF THE CITY OF SALINA, KANSAS, FOR SUCH COM-
MUNITY ANTENNAE AND CLOSED-CIRCUIT ELEC-
TRONIC SYSTEM; AND REPEALING ORDINANCE
NUMBER 6291.
Be it Ordained by the Governing Body of the City of Salina,
Kansas:
Section 1. 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 compe-
tent to provide community antennae 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 successors, lessees,
and assigns, pursuant to K.S.A. 12-2006-14 for the full
term of fifteen (15) yearg from the date hereof, the
Supp. No. 22
1727
Art. III, ~ 1
SALINA CODE
Art. III, ~ 2
nonexclusive right, authority, power and franchise to
establish, construct, acquire, maintain and operate a
community antennae and closed-circuit electronic sys-
tem within the City of Salina, Kansas (hereinafter
called the "city"), to render, furnish, and sell commu-
nity antennae and closed-circuit electronic service from
such system to the inhabitants of the city and its envi-
rons, 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 commu-
nity antennae and closed-circuit electronic system, in-
cluding 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 facilities
owned, leased or otherwise used by the grantee for the
furnishing of community antennae and closed-circuit
electronic service within the city and environs thereof
during the continuance of the franchise hereby granted.
Section 2. 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 gov-
erning 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 inconven-
ience 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 condition as before, with all convenient speed, by
and at the expense of the grantee, which shall at all
times make and keep fuB 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 fix-
tures, 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,
Supp. No. 22
1728
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Art. III, S 2
APPENDIX E-FRANCHISES
Art. III, S 4
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. 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 sustained by the
city on account of any suit, judgment, execution, claim
or demand whatsoever, including legal fees incurred,
resulting from negligence on the part of the grantee in
the construction, operation, or maintenance of its elec-
tric system 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 as directed
by the city and will provide thirty (30) days notice
to the city of cancellation of the insurance policy.
Section 4. The grantee shall have the authority to promul-
gate such rules, regulations, terms and conditions of its
business as shall be reasonably necessary 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 reasonable rates for community antennae
and closed-circuit electronic service furnished within
the corporate limits of the city; provided however, the
grantee shall file with the city a schedule of its pro-
posed rates and charges for its proposed services, which
such rates and charges shall be established as maximum
rates for its services and may not be exceeded without
the approval of the governing body of the city; provided
further however, 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.
Supp. No. 22
1729
Art. III, ~ 5
SALINA CODE
Art. III, ~ 10
Section 5. The city reserves the right of reasonable regula-
tion 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. 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 permit the mov-
ing of buildings. The expense of such temporary re-
moval, raising or lowering of wires shall be paid by
the person requesting the same and the grantee shall
have the authority to require such payment in advance.
The grantee shall be given not less than forty-eight
(48) hours advance notice to arrange for such tempo-
rary wire changes.
Section 7. The grantee shall have the authority to trim trees
upon the overhanging streets, alleys, sidewalks 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 grantee, all trimming to
be done under the supervision and direction of the city
and at the expense of the grantee.
Section 8. 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 relocate its poles, wires, cables,
underground conduits, manholes and other telephone
fixtures at its own expense.
Section 9. 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 reasonable regu-
lation as the city shall hereafter, by resolution or ordi-
nance, provide.
Section 10. 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
Supp. No. 22
1730
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Art. III, ~ ~10
APPENDIX E-FRANCHISES
Art. III, ~ 11
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 effective, pay to the city a sum equal
to three (3) per cent of the gross receipts from the
sale of community 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, respec-
tively. The term "gross receipts" as applied to sales
of community antennae and closed-circuit electronic
service, as used in this section, shall include service
sold for domestic or residential consumption, and serv-
ice for commercial or industrial consumption, provided,
however, pursuant to the rules and regulations of the
Federal Communications Commission there shall be ex-
cluded revenues from "ancillary" or "auxiliary" serv-
ices such as advertising, leased channels and program-
ming supplied on a per program or per channel charge
basis, or refunds or credits made to subscribers. Simi-
larly, there shall not be included service to educational
institutions not operating for profit, churches, and
charitable institutions, as such users are construed by
the United States Department of Internal Revenue Serv-
ice under current revenue acts.
Section 11. The grantee shall maintain a local business office
for the purpose of providing service hereunder and for
the investigation and resolution of all complaints re-
garding community antennae or closed-circuit electronic
service pursuant to procedures adopted by the city and
grantee, for his purpose, from time to time. The city
manager, or his designee, shall have primary responsi-
bility 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.
8upp. No. 22
1731
Art. III, ~ 12
SALINA CODE
Art. III, ~ 16
Section 12. As an inducement to grantee to continue to im-
prove 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 opera-
tion has been satisfactory.
Section 13. It shall be the policy of the city to amend this
franchise upon application of the grantee, when neces-
sary to enable the grantee to take advantage of any
developments in the field of transmission of television
and radio signals which will afford it an opportunity
to more effectively, efficiently or economically serve
its customers, and any modifications required by the
amendment of the rules and regulations of the Federal
Communications 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 obligatory date is estab-
lished, within one year of the adoption of such modifi-
cation or at the time of the renewal of this franchise,
whichever first occurs.
Section 14. 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 indicating and
describing the exact location of all of its lines and facil-
ities within the city streets, alleys and public ways,
including underground cables and equipment. Grantee
shall annually thereafter 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 dur-
ing the past calendar year.
Section 15. Grantee shall assume all costs incurred by the
city for publication of this ordinance.
Section 16. Ordinance Number 6291 is hereby repealed as
of the effective date of this ordinance.
Supp. No. 22
1732
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Art. III, ~ 17
APPENDIX E-FRANCHISES
Art. IV, ~ 1
Section 17. All provisions of this ordinance shall be binding
upon the grantee and all successors, lessees and assigns
of the grantee whether expressly stated herein or not,
and all the rights, authorities, powers, grants and privi-
leges secured by this ordinance 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. This franchise herein granted shall be subject
to the applicable provisions of K.S.A. 12-2006-14.
Section 19. 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 expira-
tion of sixty (60) days from the date of final passage;
provided however if a sufficient petition is filed and a
referendum held on the ordinance as provided in K.S.A.
12-2001 in which case the ordinance shan become effec-
tive 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. TELEPHONE
(Published in the Salina J oumal February 1, 1959)
ORDINANCE NO. 6296
AN ORDINANCE DEFINING THE MANNER AND
PLACE OF CONSTRUCTION OF THE LINES OF THE
SOUTHWESTERN BELL TELEPHONE 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. The Southwestern Bell Telephone Company, its
successors and assigns (herein referred to as "tele-
Supp. No. 22
1732.1
Art. IV, ~ 1
SALINA CODE
Art. IV, ~ 2
phone company") shall continue to operate its tele-
phone system and all business incidental to or connected
with the conducting of a telephone business and system
in the City of Salina, State of Kansas (herein referred
to as "city"). The plant construction and appurtenances
used in or incident 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 telephone company
in the conduct of its business, and said telephone com-
pany shall continue to exercise its right to place, re-
move, construct and reconstruct, 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, ave-
nues, 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. 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 De-
cember thirty-first, 1964, inclusive, and a like sum
thereafter for a like period on the first day of January
1965, 1966, 1967, and 1968, being a five (5) year term
ending December thirty-first, 1968, and for successive
terms of like duration unless within sixty (60) days
Supp. No. 22
1732.2
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Art. IV, ~ 2
APPENDIX E-FRANCHISES
Art. IV, ~ 5
e
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 terminate the same at the expiration
of the then current five (5) year term it being ex-
pressly understood that each five (5) year term pro-
vide'S 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 tele-
phone service rendered or facilities furni'Shed to said
city. For the purposes of payment hereunder for any
given year the number of such stations shall be deter-
mined 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. The telephone company on the request of any
person shall remove or raise or lower its wires tem-
porarily to permit the moving of houses or other struc-
tures. The expense of such temporary removal, raising
or lowering of wires shall be paid by the party or
parties requesting the same, and the telephone com-
pany may require 'Such payment in advance. The tele-
phone company shall be given not less than forty-eight
(48) hours' advance notice to arrange for such tem-
porary wire changes.
Section 4. 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. Nothing in this ordinance shall be construed to
require or permit any telephone, electric light, or power
1733
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Art. IV, ~ 5
SALINA CODE
Art. IV, ~ 8
wire attachments by either the city or the telephone
company on the poles of the other. If such attachments
are desired by the city or the telephone company, then
a separatenoncontingent agreement shall he a pre-
requisite to such attachments.
Section 6. Nothing herein contained shall be construed as
giving to the telephone company any exclusive privi-
leges, nor shall it affect any prior or existing rights
of the telephone company to maintain a telephone sys-
tem within the city.
Section 7. All other ordinances and agreements and parts
of ordinances and agreements relating to the operation
of a telephone system within said city are hereby re-
pealed.
Section 8. 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 ordi-
nance 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.
1734
[The next page is 1759]
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APPENDIX F
CHARTER ORDINANCES
(Published in the Salina Journal, April 2, 1965)
ORDINANCE NO.1
CHARTER ORDINANCE EXEMPTING THE CITY OF
SALINA, KANSAS, FROM K.S.A. 79-1951 AND PROVID-
ING SUBSTITUTE AND ADDITIONAL PROVISIONS ON
THE SAME SUBJECT, AUTHORIZING AND LIMITING
TAX LEVIES IN ANY ONE YEAR ON EACH DOLLAR
OF ASSESSED TANGIBLE VALUATION AND PRESCRIB-
ING AN AGGREGATE LIMIT FOR ALL CITY WIDE TAX
LEVIES.
[Charter Ordinance No. One was amended and: repealed by
Charter Ordinance No. Three, set out hereinafter.]
(Published in the Salina Journal April 15, 1966)
CHARTER ORDINANCE NUMBER 2
A CHARTER ORDINANCE EXEMPTING THE CITY OF
SALIN A, KANSAS, FROM THE PROVISIONS OF K.S.A.
17-4754 AND PROVIDING SUBSTITUTE AND ADDI-
TIONAL PROVISIONS ON THE SAME SUBJECT; DE-
FINING THE POWERS OF THE CITY FOR THE PURPOSE
OF AIDING IN THE PLANNING, UNDERTAKING AND
CARRYING OUT OF THE URBAN RENEWAL PROJECTS
LOCATED WITHIN THE CITY AND PROVIDING THE
PROCEDURE FOR THE ISSUANCE AND SALE OF GEN-
ERAL OBLIGATION BONDS OF THE CITY FOR THE PUR-
POSE OF UNDERTAKING OR CARRYING OUT OF AN
URBAN RENEWAL PROJECT OF THE CITY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF SALINA, KANSAS:
Section 1. 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 Consti-
1759
Ord. 2, ~ 1
SALINA CODE
Ord. 2, ~ 2
tution 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. The governing body of the City of Salina, Kansas,
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 without consideration,
as it may determine:
(a) Dedicate, sell, conveyor lease any of its interest
in any property or grant easements, licenses or
other rights or privileges therein to a municipality;
(b) Incur the entire expense of any public improve-
ments' made by such public body in exercising the
powers granted in this section;
(c) Do any and all things necessary to aid or cooper-
ate in the planning or carrying out of an urban
renewal plan;
(d) Lend, grant or contribute' funds to a municipality;
(e) Enter into agreements (which may extend over
any period, notwithstanding any provision 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 furnishing of funds or other as-
sistance in connection with an urban renewal proj-
ect, and
(f) Cause public buildings. and public facilities in-
cluding parks, playgrounds, recreational, com-
munity,education, water, sewer or drainage facili-
tie's, or any other works which it is otherwise
empowered to undertake to be furnished; 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 public body or make exceptions from
building regulations; and cause administrative and
other services to be furnished to the municipality.
1760
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Ord. 2, ~ 2 APPENDIX F-CHARTER ORDINANCES Ord. 2, ~ 5
If at any time title to or possession of any urban
renewal project is held by any public body or gov-
ernmental agency, other than the municipality,
which is authorized by law to engage in the under-
taking, carrying out, or administration or urban
renewal projects (including any agency or instru-
mentality 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 "mu-
nicipality" 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. Any sale, conveyance, lease or agr~ment, pro-
vided for in this ordinance may be made by the govern-
ing body without appraisal, public notice, advertise-
ment or public bidding.
Section 4. For the purpose of aiding in the p1lanning, under-
taking or carrying out of an urban renewal project 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 gov-
erning body is authorized to do or perform, including the
furnishing of financial and other assistance.
Section 5. For the purposes of this ordinance, or for the
purpose of aiding in the planning, undertaking or carry-
ing out of an urban renewal project within the city,
the governing body may (in addition to any authority
to issue bonds pursuant to K.S.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 declaring it necessary to issue such bonds,
which resolution shall state the purpose for which
said bonds are to be issued and the ma~imum amount
of bonds to be issued, and shall contain a statement
1761
Ord. 2, ~ 5
SALINA CODE
Ord.3
relating to the provisions for protest as hereinafter
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 municipality, as determined by
the vote cast for secretary of state at the last pre-
ceding general election, is filed with the city clerk,
the bonds shall not be issued, unless the governing
body calls an election within the time and in the man-
ner prescribed by K.S.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. This ordinance shall be published once a week
for -two (2) consecutive weeks in The Salina Journal,
the official city newspaper.
Section 7. 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 ref-
erendum 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 ef-
fective, if approved by a majority of the electors
voting thereon.
Adopted by the governing body by not less than two-thirds
(%) vote of the members elect voting in favor thereof, and
approved by the mayor this 4th day of April, 1966.
(Published in the Salina Journal, June 14, 1966)
CHARTER ORDINANCE NO. 3
A CHARTER ORDINANCE EXEMPTING 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 DOLLAR OF AS-
SESSED TANGIBLE VALUATION AND PRESCRIBING
AN AGGREGATE LIMIT FOR ALL CITY WIDE TAX
1762
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Ord. 3, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 3, ~ 1
LEVIES; AMENDING CHARTER ORDINANCE NO.1 OF
THE CITY OF SALINA, KANSAS, AND REPEALING
SAID ORIGINAL CHARTER ORDINANCE.
BE IT ORDAINED BY THE GOVERNING BODY OF
THE CITY OF SALINA, KANSAS:
Section 1. That Charter Ordinance No. 1 of the City of
Salina, Kansas, is hereby amended to read as follows:
"That the City of Salina, Kansas, a city of the
first class of less than 50,000 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 itsellf from, and makes
inapplicable to it, K.S.A. 79-1951, which is not
applicable uniformly to all cities of the first class
and that legislature nOot having established classes
of cities for the purposes of imposing tax limita-
tions and prohibitions, and provides substitute and
additiOonal pmvisions as hereinafter provided.
"The Governing Body of the City of Salina,
Kansas, is hereby authOorized and empowered to
levy taxes in each year for the following city
purposes, but said Governing BOody shall not fix
a rate of levy in anyone (1) year on each dollar
of assessed tangible valuation of the city in excess
Oof the fOollowing rates:
"General Operating Fund, which shall in-
clude thel fOollowing activities: Genera,l govern-
ment; police department; fire department;
health and sanitatiOon; waste disposal; streets,
alleys and highways; maintenance of public
buildings.; swimming pool; parks, animal con-
trol; street lighting; traffic signals and park-
ing cOontrOoI; civil defense; airport; judgments;
band; cemetery ; general imprOovement (except
imprOovements for which special assessments
are made) ; and industrial fund . . . 20 mills.
"Provided, however, that the mill levy fOol'
the library shall be outsid~ the aggregate tax
levy prescribed by this section.
1763
Supp. No.2
Ord. 3, ~ 1
SALINA CODE
Ord. 3, ~ 4
"Provided further, however, that the aggre-
gate af all city wide, tax levies af the city, ex-
cept levies far the payment af band and inter-
est therean, levies for fire and palice depart-
ment pensian funds, and levies. for the control
and eradicatian of naxiaus weeds and levies
authorized by other statutes to be outside of
the' aggregate is hereby limited to twenty
(20) mills, less residue Sales Tax; pravided,
that the city may levy a cansolidated le,vy far
the purpose abave set forth and to. be known
as the General Operating Fund and ~ be
included in the budget as a single fund for the
several functians of the city named he,re,in."
Section 2. Chartelr Ordinance No.1 af the' City af Salina,
Kansas, is hereby repealed.
Section 3. This ardinance shall be published once a week
far two. (2) cansecutive weeks in The Salina Journal,
the official city newspaper.
Section 4. This is a Charter Ordinance and shall take effect
sixty-one (61) days after final publication, unless a
sufficient petitian far a referendum is filed and a
referendum held an the ardinance as pravided in Article
12, Section 5, Subdivision (c) of the Constitution of
Kansas in which case the ardinance shall become ef-
fective if approved by the majarity of the e,lectors
voting the'reon.
Adapted by the gaverning body by not less than two--thirds
(i%) of the members elect voting in favar thereof and ap-
praved by the Mayar this sixth day of June, 1966.
(Published in The Salina Journal December 23, 1966 and
December 30, 1966)
CHARTER ORDINANCE NUMBER 4
A CHARTER ORDINANCE EXEMPTING THE CITY
OF SALINA, KANSAS, FROM THE PROVISIONS OF
K.S.A. 13-791 WHICH PROVIDES LONGEVITY PAY FOR
REGULAR APPOINTED MEMBERS OF THE FIRE DE-
P ARTM.h;NT.
Supp. No.2
1764
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Ord. 4, ~ 1 APPENDIX F-CHARTER ORDINANCES
Ord. 6
BE IT ORDAINED BY THE GOVERNING BODY OF
THE CITY OF SALINA, KANSAS:
Section 1. That the City of Salina, Kansas, a city of the
first class having a population of more than 25,000
inhabitants and not more than 50,000 inhabitants, 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. 13-791, which is not applicable
uniformly to all cities of the first class, and which
provides that the regularly appointed members of the
fire department, after having completed three years
service shall receive a longevity pay for each year in
addition to three years the sum of two dollars per
month over and above the base pay for firemen in
such cities.
Section 2. This ordinance shall be published once a week
for two consecutive weeks in The Salina Journal, the
official city newspaper.
Section 3. 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 a majority of the electors
voting thereon.
Adopted by the governing body by not less than two-thirds
of the members elect voting in favor thereof and approved
by the mayor this 19th day of December, 1966.
CHARTER ORDINANCE NO.5
Editor's note-Charter Ord. No.5, adopted Jan. 16, 1967, was re-
pealed by Charter Ord. No. 15, adopted Oct. 17, 1977.
CHARTER ORDINANCE NO. 6
(First Published in The Salina Journal April 1, 1971)
A CHARTER ORDINANCE EXEMPTING THE CITY OF
SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A.
Supp. No. 23 1765
Ord.6
SALINA CODE
Ord. 6, ~ 1
13-14a06, WHICH PROVIDES FOR MEMBERSHIP FEES
AND CONTRIBUTIONS BY OFFICERS AND MEMBERS
OF THE FIRE AND POLICE DEPARTMENTS FOR THEIR
RETIREMENT SYSTEMS AND PROVIDING FOR RE-
FUNDS UPON TERMINATION OF SERVICES WITH SAID
DEPARTMENTS 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. 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 making inapplicable to it,
K.S.A. 13-14a06 which applies only to cities of the first class
and is not applicable uniformly to all cities in Kansas, and
provides substitute and additional provisions on the same
subject as follows, to wit:
"13-14a06. Membership fee and contributions by officers
and members of department; refunds; limita-
tions.
Every new officer and member of said police and fire
departments shall be required to pay to the treasurer of
said board a membership fee of five dollars, and there shall
be deducted from the salary of every officer and member of
each department not less than three percent nor more
than ten percent of his monthly salary, the exact amount
of which shall be determined by the Board of Commission-
ers, which shall be paid into the respective pension funds.
Any officer or member whose services for any reason what-
soever, other than by transfer from the police to the fire
department or from the fire to the police department, shall
be terminated with the department shall be entitled, upon
demand, to be paid within thirty days after such demand,
the total amount of the deduction from his salary paid into
said fund, less fifty percent: Provided, that in the event
such officer or member shall renew his services with said
Supp. No. 23
1766
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Ord. 6, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 6, ~ 2
department he shall, as a condition of employment, return
to said fund the amount withdrawn. Provided further, that
if any officer or member of either the police or the fire de-
partment is transferred from one department to the other,
then said officer or member shall notify in writing the
Board of Trustees of the Pension Fund of which he was a
member of his transfer and thereupon any accrued contri-
butions made by him to the pension fund and any accumu-
lated credits or benefits to which said member would have
been entitled to prior to said transfer shall be transferred
to the pension fund of the department to which he is trans-
ferring, and upon application for retirement said member
shall be entitled to compute his combined services with
both departments in determining his eligibility for re-
tirement."
Section 2. This ordinance shall be published once a week
for two consecutive weeks in The Salina Journal, the official
city newspaper.
Supp. No. 23
1767
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Ord. 6,!i 3 APPENDIX F-CHARTER ORDINANCES Ord. 7,!i 1
Section 3. This is a Charter Ordinance and shall take effect
sixty-one (61) days after final publication, unless a sufficient
petition is filed and a referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (c) of the Con-
stitution of Kansas, in which case the ordinance shall become
effective, if approved by a majority of the electors voting
thereon.
Adopted by the Governing Body by not less than two-thirds
of the members elect voting in favor thereof, and approved
by the Mayor this 29th day of March, 1971.
CHARTER ORDINANCE NUMBER 7
(First Published in The Salina Journal April 1, 1971)
A CHARTER ORDINANCE EXEMPTING THE CITY
OF SALINA, KANSAS, FROM THE PROVISIONS OF
K.S.A. 13-14a05, WHICH PROVIDES FOR THE DESIGNA-
TION AND INVESTMENT OF MONEY DERIVED FROM
TAXES AND ASSESSMENTS FOR THE POLICEMEN'S
AND FIREMEN'S PENSION FUNDS, PROVIDING FOR
A MINIMUM RESERVE FOR EACH FUND, FOR THEIR
RETIREMENT SYSTEMS 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. 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 making inapplicable to it,
K.S.A. 13-14a05 which applies only to cities of the first class
and is not applicable uniformly to all cities in Kansas, and
provides substitute and additional provisions on the same sub-
ject as follows, to wit:
"13-14a05. Designation of funds; investment.
The amount of money derived from taxes herein levied
and all money received from assessments, dues, donations
for the benefit of such funds shall constitute funds to be
Supp. No. 18
1769
Ord. 7, ~ 1
SALINA CODE
Ord.8
known and designated, respectively, as the Policemen's
Pension Fund and the Firemen's Pension Fund, which
funds shall be devoted exclusively to and for the purposes
hereinafter enumerated. All moneys derived from the taxes
so levied and money received from other sources as above
enumerated shall be paid into the Policemen's Pension Fund
or the Firemen's Pension Fund, as the case may be, and
shall be cumulative until a reserve fund of not lQSS than
$10,000.00 shall be built up for each fund. The amount of
each reserve fund over $10,000.00 shall be determined by
the Governing Body of the City; when each reserve fund,
as so determined, shall reach its maximum, further tax
levies shall be made only for the purpose of maintaining
each fund at said level.
"All moneys accumulated under the provisions of this
act shall be deposited by the treasurer in the same manner
as other City funds: Provided, however, the Board of Trus-
tees may, at their option, invest any of said reserve funds
in any investments which are authorized for the investment
of other municipal funds."
Section 2. This ordinance shall be published once a week
for two consecutive weeks in The Salina Journal, the official
city newspaper.
Section 3. This is a Charter Ordinance and shall take effect
sixty-one (61) days after final publication, unless a sufficient
petition is filed and a referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (c) of the Con-
stitution of Kansas, in which case the ordinance shall become
effective, if approved by a majority of the electors voting
thereon.
Adopted by the Governing Body by not less than two-thirds
of the members elect voting in favor thereof, and approved by
the Mayor this 29th day of March, 1971.
CHARTER ORDINANCE NUMBER 8
(First Published in The Salina Journal November 2, 1973)
A CHARTER ORDINANCE EXEMPTING THE CITY OF
SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A.
Supp. No. 18 1770
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Ord. 8, ~ 1
APPENDIX F-'CHARTER ORDINANCES
Ord. 9
12-14a05, WHICH DEFINES A BAND FOR THE PURPOSES
OF USE OF BAND FUNDS AND PROVIDING SUBSTITUTE
AND ADDITIONAL PROVISIONS ON THE SAME SUB-
JECT.
BE IT ORDAINED by the Governing Body of the City of
Salina, Kansas:
Section 1. 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 Kansas, hereby elects to and
does exempt itself from and makes inapplicable to it the pro-
visions of K.S.A. 12-14a05 and provides substitute and addi-
tional provisions on the same subject as follows, to wit:
"12-14a05. Definition of band.
That the meaning of the word 'band' as used in this
act shall be any musical group which in the opinion of the
governing body of the City of Salina is capable of presenting
worthwhile and entertaining band concerts or musical serv-
ices."
Section 2. This ordinance shall be published once a week for
two (2) consecutive weeks in the Salina Journal, the official
city newspaper.
Section 3. This is a Charter Ordinance and shall take effect
sixty-one (61) days after final publication unless a sufficient
petition is filed and a referendum held on the ordinance as pro-
vided in Article 12, Section 5, subdivision (c) of the Constitu-
tion of Kansas, in which case the ordinance shall become effec-
tive if approved by a majority of the electors voting thereon.
Adopted by the governing body by not less than two-thirds
(%) of the members elect voting in favor thereof and approved
by the mayor this 29th day of October, 1973.
CHARTER ORDINANCE NO.9
(First Published in The Salina Journal March 22, 1974)
A CHARTER ORDINANCE EXEMPTING THE CITY OF
SALINA, KANSAS, FROM K.S.A. 79-1951, WHICH PRO-
Supp. No. 18
1771
Ord. 9, ~ 1
SALINA CODE
Ord. 9, ~ 1
VIDES FOR A MAXIMUM RATE OF LEVY IN ANY ONE
YEAR; PROVIDING SUBSTITUTE AND ADDITIONAL
PROVISIONS 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. That Charter Ordinance No.3 of the City of Sa-
lina, 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 Con-
stitution of the State of Kansas, hereby elects to exempt
and does exempt itself from and make inapplicable to
it K.S.A. 79-1951, which is not applicable uniformly
to all cities and to provide substitute and additional pro-
visions 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 sanita-
tion; waste disposal; streets, alleys and highways;
maintenance of public buildings; swimming pool;
parks; animal control; street lighting; traffic sig-
nals and parking control; civil defense; airport;
judgments; band; cemetery; general improvement
(except improvements for which special assess-
ments are made) ; industdal fund; noxious 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
Supp. No. 18
1772
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Ord. 9, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 10, ~ 1
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. Charter Ordinance No.3 of the City of Salina,
Kansas is hereby repealed.
Section 3. This ordinance shall be published once a week for
two (2) consecutive weeks in the Salina Journal, the official
city newspaper.
Section 4. 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 elec-
tors voting thereon.
Adopted by the governing body by not less than two-thirds
(2h) of the members elect voting in favor thereof and approved
by the mayor this 18th day of March, 1974.
CHARTER ORDINANCE NO. 10
(First Published in The Salina Journal December 13, 1974)
A CHARTER ORDINANCE EXEMPTING THE CITY OF
SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A.
41-2702, WHICH PROVIDES IT TO BE UNLAWFUL TO
SELL CEREAL MALT BEVERAGES AT RETAIL WITHOUT
FIRST SECURING A LICENSE THEREFOR AND ESTAB-
LISHING THE PROCEDURE AND LICENSE FEES THERE-
FOR; 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. 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 Kansas, hereby elects
Supp. No. 20
1773
Ord. 10, ~ 1
SALINA CODE
Ord. 10, ~ 1
to and does exempt itself from and makes inapplicable to it
the provisions of K.S.A. 41-2702 and provides substitute and ad-
ditional provisions on the same subject as follows, to wit:
"41-2702. Licenses; application to city or county; railway
cars; notice to township; renewals; forms; fees;
disposition of moneys.
"No person shall sell any cereal malt beverage at retail
without having first secured a license for each place of busi-
ness as herein provided. In case such place of business is
located within the corporate limits of a city then the appli-
cation 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 commissioners in the county
in which such place of business is to be located, except that
the application for license to sell on railway cars shall be
made to the director of taxation as hereinafter provided.
The board of county commissioners in any county shall not
issue a license without giving the clerk of the township
board in the township where the applicant desires to locate,
written notice by registered mail, of the filing of said appli-
cation. The township board may within ten (10) days file
advisory recommendations as to the granting of such license
and such advisory recommendations 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 commissioners shall grant and
issue renewals thereof upon application of the license holder,
if he be qualified to receive the same and unless 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 township
board may within ten (10) days file advisory recommenda-
tions as to the renewal of such licenses or the refusal thereof
with said board of county commissioners and such advisory
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
Supp. No. 20
1774
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Orrl. 10, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 10, ~ 1
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 making application been convicted of a
felony or any crime involving moral turpitude, or been
adj udged 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 hundred sixty-five thousand (165,000) per-
sons, 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 application for a license
to sell on railway cars shall be accompanied by ~ 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 remain-
ing ten percent (10%) he shall credit to the revenue
administration fee fund.
"The board of county commissioners of the several coun-
ties 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 beverages in original and unopened con-
Supp. No. 20
1775
Ord. 10, ~ 1
SALINA CODE
Ord. 12, ~ 1
tainers, 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. This ordinance shall be published once a week
for two (2) consecutive weeks in the Salina Journal, the
official city newspaper.
Section 3. This is a Charter Ordinance and shall take effect
sixty-one (61) days after final publication unless a sufficient
petition is filed and a referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (c) of the Con-
stitution of Kansas, in which case the ordinance shall become
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 ap-
proved by the Mayor this 9th day of December, 1974.
CHARTER ORDINANCE NO. 11
Editor's note-Charter Ord. No. 11, adopted Dec. 9, 1974, was repealed
by Charter Ord. No. 12, adopted May 12, 1975.
CHARTER ORDINANCE NO. 12
(First Published in The Salina Journal May 16, 1975)
A CHARTER ORDINANCE EXEMPTING THE CITY OF
SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A.
1973 SUPP. 16-707, WHICH PROVIDES FOR THE LICENS-
ING OF PAWNBROKERS AND PROVIDING SUBSTITUTE
AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT
AND REPEALING CHARTER ORDINANCE NUMBER 11.
BE IT ORDAINED by the Governing Body of the City
of Salina, Kansas:
Section 1. 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 Kansas, hereby elects to and
Supp. No. 20
1776
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Ord. 12, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 12, ~ 1
does exempt itself from and makes inapplicable to it the pro-
visions of K.S.A. 1973 Supp. 16-707 and provides substitute
and additional provisions on the same subject, as follow to wit:
"16-707 Licensing of pawnbrokers; application fee; disposi-
tion.
"No person shall engage or continue in business as a
pawnbroker without first obtaining a license therefor. If
his place of business is inside the corporate limits of any
city of the first or second class, he shall obtain such license
from the clerk of such city, and if it is outside the corporate
limits of any such city, he shall obtain his license from
the county clerk of the county in which his place of business
is located. Application for such license shall be in writing
and shall state the full name and place of residence of the
applicant, or if the applicant be a partnership, of each mem-
ber thereof, or, if a corporation or association, of each offi-
cer, shareholder or member thereof, together with the ad-
dress of the place or places where the business is to be
conducted and the hours of the day and days of the week
during which the applicant proposes to engage in the busi-
ness of pawnbroking at each such place, and such other
information as may be necessary to determine the appli-
cant's qualifications for a license in accordance with the
provisions of this act. Each applicant shall also submit
with his application: (1) A statement that he is the holder
of a valid registration certificate issued by the Director
of Revenue pursuant to K.S.A. 79-3608 for each place of
business for which application for license is made; and
(2) A detailed inventory and description of all goods, wares,
merchandise or other property held in pawn or for sale at
the time of the application at each place of business stated
therein, indicating whether the same was received in pawn
or purchase as secondhand merchandise. Said application
shall be in a form approved by the Attorney General. Each
application shall be accompanied by a fee of not less than
$25.00 nor more than $300.00, the exact amount of which
shall be determined from time to time by an ordinance
adopted by the governing body and such fee shall be paid an-
::supp. No. 23
1777
Ord. 12, ~ 1
SALINA CODE
Ord. 13, ~ 1
nually upon renewal of the license. All such fees received by
the city clerk shall be deposited in the city general fund, and
all such fees received by the county clerk shall be deposited
in the county general fund."
Section 2. This ordinance shall be published once a week
for two (2) consecutive weeks in the Salina Journal, the
official city newspaper.
Section 3. That Charter Ordinance Number 11 is hereby
repealed.
Section ~. This is a Charter Ordinance and shall take effect
sixty-one (61) days after final publication unless a sufficient
petition is filed and a referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (c) of the Con-
stitution of Kansas, in which case the ordinance shall become
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 ap-
proved by the Mayor this 12th day of May, 1975.
CHARTER ORDINANCE NUMBER 13
(First Published in The Salina Journal September 22, 1977)
A CHARTER ORDINANCE EXEMPTING THE CITY OF
SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A.
13-1024a AND PROVIDING SUBSTITUTE AND ADDITION-
AL PROVISIONS ON THE SAME WHICH RELATE TO
GENERAL IMPROVEMENTS AND THE ISSUANCE OF
BONDS FOR THE PURPOSE OF PAYING FOR SAID IM-
PROVEMENTS.
BE IT ORDAINED by the Governing Body of the City of
Salina, Kansas:
Section 1. That the City of Salina, Kansas, by the power
vested in it by Article 13, Section 5 of the Constitution of
the State of Kansas, hereby elects to exempt itself from
Supp. No. 23
1778
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Ord. 13, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 13, ~ 3
and make inapplicable to it the provisions of K.S.A. 13-1024a
and provide substitute and additional provisions as hereinafter
set forth in this ordinance. Such referenced provisions are
ei.ther enactments or a part thereof which are applicable to
this city that are not applicable uniformly to all cities.
Section 2. That the City of Salina, does hereby provide sub-
stitute and additional provisions on the same subject as fol-
lows, to wit:
"13-1024a. General improvements and land therefor; bor-
rowing money and bond issues; when election
required.
"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 construction of crema-
tories, desiccating or reduction work, including the land
necessary therefor, within or without the city, or for the
improvement, repair or extension of any waterworks, sew-
age disposal plant, electric light plant, crematory, desiccat-
ing 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: Provided further, That
any city of the first class may issue the bonds of such city
for the purpose of paying for any of the improvements
mentioned in this section and the land necessary therefor
without such bonds having been authorized by a vote of
the people, but the total amount of bonds issued for such
purposes shall not exceed the sum of two hundred fifty
thousand dollars ($250,000) in anyone year."
Section 3. This Charter Ordinance shall be published once
a week for two (2) consecutive weeks in The Salina Journal,
the official city newspaper.
Supp. No. 23
1779
Ord. 13, ~ 4
SALINA CODE
Ord. 14, ~ 2
Section 4. 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 as provided 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 approved
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 19th day of
September, 1977.
CHARTER ORDINANCE NUMBER 14
(First Published in The Salina Journal October 6,1977)
A CHARTER ORDINANCE EXEMPTING THE CITY OF
SALINA, KANSAS FROM THE PROVISIONS OF K.S.A.
41-719 AND PROVIDING SUBSTITUTE AND ADDITIONAL
PROVISIONS ON THE SAME WHICH RELATE TO THE
CONSUMPTION OF ALCOHOLIC LIQUOR IN PUBLIC
PLACES.
BE IT ORDAINED by the Governing Body of the City of
Salina, Kansas:
Section 1. That 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 itself from and
make inapplicable to it the provisions of K.S.A. 41-719 and
provide substitute 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 uniformly to all cities.
Section 2. That the City of Salina does hereby provide sub-
stitute 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 streets, alleys, roads or
Supp. No. 23
1780
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Ord. 14, i 2 APPENDIX F-CHARTER ORDINANCES Ord. 14, i 4
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 collected, or upon
property owned by the state or any governmental sub-
division 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 K.S.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 building 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 thousand (30,000) may by ordinance exempt certain
property, title of which is vested in such city, from the
provisions of this act. Any person 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 a. This Charter Ordinance shall be published once
a week for two (2) consecutive weeks in The Salina Journal,
the official city newspaper.
Section 4. 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 provided in Article 12, Section 5, Subdi-
vision (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-tbirda
(2/3) of the members elect voting thereon this 3rd day of
October, 1977.
Supp. No. 24
1781
Ord. 15
SALINA CODE
Ord. 17
CHARTER ORDINANCE NUMBER 15
(First Published in The Salina Journal October 20, 1977)
A CHARTER ORDINANCE REPEALING CHARTER
ORDINANCE NUMBER 5 WHICH EXEMPTS THE CITY
OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A.
13-14 (a) 08 WHICH PROVIDES FOR PAYMENT UPON RE-
TIREMENT TO CERTAIN MEMBERS OF THE POLICE
DEPARTMENT AND FIRE DEPARTMENT AND PROVID-
ING SUBSTITUTE AND ADDITIONAL PROVISIONS ON
THE SAME SUBJECT.
BE IT ORDAINED by the governing body of the City of
Salina, Kansas:
Section 1. That Charter Ordinance Number 5 of the City
of Salina, Kansas, be and the same is hereby repealed.
Section 2. This ordinance shall be published once a week
for two (2) consecutive weeks in The Salina Journal, the
official city newspaper.
Section 3. 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 referendum held on the
ordinance as provided in Article 12, Section 5, Subdivision (3)
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 17th day of October, 1977.
CHARTER ORDINANCE NUMBER 16
Editor's note-Charter Ord. No. 16, adopted May 15, 1978, was
repealed by Charter Ord. No. 17, adopted June 18, 1979.
CHARTER ORDINANCE NUMBER 17
A CHARTER ORDINANCE EXEMPTING THE CITY OF
SALINA, KANSAS, FROM K.S.A. 79-5011; PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE
Supp. No. 24 1782
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Ord. 17, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 17, fi 2
SAME SUBJECT; AND AUTHORIZING THE LEVYING OF
TAXES TO CREATE A SPECIAL FUND FOR THE PUR-
POSE OF PAYING UTILITY COSTS AND EMPLOYEE
BENEFITS; AMENDING CHARTER ORDINANCE NUM-
BER 16 AND REPEALING SAID ORIGINAL CHARTER
ORDINANCE.
BE IT ORDAINED by the governing body of the City of
Salina, Kansas:
Section 1. The City of Salina, Kansas, by the power
vested in it by Article 12, Section 5 of the Constitution qf
the State of Kansas, hereby elects to exempt itself from and
make inapplicable to it K.S.A. 79-5011, and to provide substi-
tute and additional provisions as hereinafter set forth in this
charter ordinance. K.S.A. 79-5011 is a part of the enactment of
the legislature establishing an aggregate tax levy limitation
applicable to this city but not applicable uniformly to all
cities, and the legislature has not established classes of cities
for the purpose of imposing aggregate limitations under said
constitutional provision.
Section 2. The provisions of K.S.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 temporary 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 building com-
mission;
(e) Special assessments charged against the city-at-large;
(f) Utility service costs, whether paid from a separate
property tax levy fund of the city or from any other
tax supported fund;
(g) Employee benefit costs.
Supp. No. 24
1783
Ord. 17, ~ 3
SALINA CODE
Ord. 17, ~ 6
Section 3. 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
K.S.A. 40-2305, 74-4920, 74-4967, 12-11a03, 13-1441 or 12-1617h
or 13-14100, and K.S.A. 1977 Supplement 13-14a02, 14-10a02,
or to any tax levies required for the payment of employer
contributions to any pension and retirement program, or to
any other taxes authorized by state law to be levied in addi-
tion 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 au-
thorized to be levied in addition to or exempt from the aggre-
gate levy limit of the city, shall not be used in computing any
aggregate limitation under Article 50 of Chapter 79 of the
Kansas Statutes Annotated.
Section 4.. 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 service by the city.
Section 5. 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, unem-
ployment compensation benefits, Kansas Police and Fire Re-
tirement System, employee and officer liability protection and
medical, health, hospitalization and life insurance, whether
for the employee or his or her dependents.
Section 6. Chapter Ordinance Number 16 of the City of
Salina, Kansas, is hereby repealed.
Supp. No. 24
1784
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Ord. 17, ~ 7 APPENDIX F-CHARTER ORDINANCES Ord. 17, ~ 8
Section 7. This charter ordinance shall be published once
each week for two (2) consecutive weeks in the official city
newspaper.
Section 8. 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 6,
subdivision (c) (3) 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;8) of the members-elect voting in favor thereof and ap-
proved by the Mayor this 18th day of June, 1979.
[The next page is 1815]
Supp. No. 24
1785
e CODE COMPARATIVE TABLE
Note-This is a chronological and/or numerical listing of the laws of
the municipality used in this Code. Repealed or superseded laws and
any omitted materials are not reflected in this table.
Code of 1960 Section Code of 1960 Section
Section this Code Section this Code
1-101-1-105 1-1-1-5 4-201 7-18
1-106 1-9 4-202 7-24
1-107 1-8 4-203-4-207 7-19-7-23
2-101 2-20 4-208 7-25
2-102 2-26 4-301-4-310 7-36-7-46
2-103 2-21 4-312-4-317 7-48-7-57
2-104 2-22 4-401-4-411 7-68-7-78
2-105 2-25 4-412 7-80
2-106 2-23, 2-24 4-14 7-79
2-107-2-109 2-27-2-29 4-501-4-507 7-91-7-97
2-110 2-31 5-101 8-3
2-111 2-30 5-102 8-5
2-201 2-78 5-103 8-7
2-202-2-204 2-75-2-77 5-104 8-8
2-205 2-79 5-105 8-4
e 2-301 2-91 5-106 8-9
2-302 2-92-2-94 5-107 8-10
2-303 2-103-2-109 5-109-5-116 8-11-8-18
2-304 2-115-2-119 5-201 8-29
2-305 2-125 5-202-5-205 8-31-8-34
2-306 2-131-2-134 5-206 8-36
2-307 2-140-2-165 5-207 8-37
2-308 2-171 5-208-5-211 8-39-8-42
2-309 2-96 5-213 8-35
2-401 2-80 5-214 8-1
2-402-2-404 2-42-2-44 6-101-6-103 6-1-6-3
2-406 2-97 6-104 6-5
2-501 2-46 6-105 6-6
2-502 2-47 6-106 6-4
2-601 2-49 6-7
2-602 2-51 6-107-6-116 6-8-6-24
2-603 2-48 6-201-6-206 6-35-6-47
2-604-2-606 2-52-2-54 6-207 6-48
2-607 2-50 6-50-6-55
2-701 2-1 6-208 6-59
2-81-2-805 2-2-2-6 6-209 6-56-6-58
2-901-2-905 2-55-2-60 6-210-6-212 6-60-6-62
2-906 2-45 6-214-6-219 6-63-6-68
3-102 5-4 6-301-6-303 6-79-6-81
3-107-3-111 13-1-13-5 6-305 6-83-6-85
e 4-101-4-104 7-1-7-6 6-306 6-87
1815
SALINA CODE
Code of 1960 Section Code of 1960 Section
Section this Code Section this Coc!le
7-101-7-103 2-7-2-9 10-203 29-4
8-801--8-103 9-2-9-4 10-204 29-7
8-201 9-18 10-205 29-8
8-202-8-204 9-20-9-24 10-206 29-10
8-207 9-19 10-207 29-9
8-209 9-25 10-208 29-2
8-301 9-39 11-101-11-105 12-11-12-16
8-302 9-40 11-106-11-113 12-18-12-27
8-303--8-306 9-42-9-51 11-201-11-207 12-38-12-49
8-307 9-41 11-301 12-61
8-308 9-52 11-302 12-60
8-402 9-66 11-303-11-306 12-62-12-65
9-67 12-101 12-76
8-407 9-71 12-77
9-72 12-104-12-114 12-78-12-88
8-409 9-74 12-116-12-135 12-90-12-109
8-411 9-68-9-70 12-136 12-112
8-412 9-75 12-137 12-111
8-413 9-65 12-138 12-110
8-414 9-76 12-139 12-113
8-601 9-87 12-201-12-207 12-119-12-126
8-901 21-1 12-301 12-132
8-902 21-3-21-6 12-302 12-133
8-903 21-18-21-26 12-401 12-139
8-901 21-17 12-402 12-140
21-27-21-29 12-501 12-17
8-905 21-30-21-32 12-502 12-146
8-906 21-33 12-148
8-907 21-2 12-503 12-149
21-34 13-201 15-1
21-35 13-202 15-2
8-908 21-36 13-203 15-2
8-1001--8-1008 9-324-9-335 13-301-13-303 15-4-15-6
8-1101 9-347-9-349 13-401 14-13
9-356 13-402-13-405 14-15-14-23
8-1102 9-351 13-406 14-34-14-55
9-352 13-407 14-12
9-354 13-408-13-411 14-24-14-28
9-355 13-412 14-14
8-1103 9-346 13-701 14-105
8-1201--8-1207 9-367-9-373 13-702-13-704 14-108-14-125
9-101 10-1 13-705 14-135-14-170
9-102 10-2 13-706 14-126, 14-127
10-201 29-1 13-707 14-128
10-202 29-3 13-708 14-107
1816
e CODE COMPARATIVE TABLE
Code of 1960 Section Code of 1960 Section
Section this Code Section this Code
13-709 14-106 16-902 34-21
13-901-13-903 15-7-15-9 34-24
13-1001 15-11 16-903 34-22
13-1002 15-12 16-904 34-23
13-1003 15-10 34-25-34-27
13-1004 15-13 16-905 34-1
13-1101 15-24-15-29 16-906 34-28
14-101 17-1-17-4 16-907 34-2
14-102 17-5-17-7 16-909 34-3
15-101-15-106 19-1-19-18 34-4
15-107 19-20 16-1001 34-39
15-108 19-19 16-1002 34-43
15-201-15-203 19-31-19-33 16-1003 34-46
16-101-16-120 20-2-20-25 16-1004 34-44
16-202 20-36 34-47-34-50
16-203 29-38 34-67
16-204 20-39 16-1005-16-1009 34-51-34-56
16-205 20-42 16-1010 34-50
16-206 20-43 34-57
16-207 20-48 34-58
e 16-208 20-50 16-1011 34-60
16-209 20-53 16-1012 34-61
16-210 20-55 16-1013 34-87-34-89
16-211 20-68 16-1014 34-45
16-212-16-214 20-57-20-59 34-90-34-92
16-216 20-65 16-1015 34-93-34-96
16-217 20-64 16-1016 34-97
16-218 20-66 34-89
16-219 20-69 16-1017 34-99
16-301-16-306 7-108-7-115 34-100
16-501 8-1 16-1018 34-101
16-502 8-2 16-1019 34-102-34-106
16-503 8-3 16-1020-16-1024 34-62-34-66
8-4 16-1025 34-68-34-70
8-12 34-79
16-504-16-507 8-5-8-10 16-1026 34-79
16-508 18-13 16-1027-16-1033 34-71-34-78
16-509 18-11 16-1034 34-41
16-510 18-14 16-1035 34-80
16-601-16-603 3-5-3-7 34-81
16-701 7-126-7-12U 16-1036 34-59
16-702 7-130 16-1038 34-40
16-801-16-804 26-1-26-6 16-1039 34-42
16-806 26-7 18-101 23-155
16-901 34-19 18-103 23-155
e 34-20 18-201 4-1
1817
SALINA CODE
Code of 1960 Section Code of 1960 Section
Section this Code Section this Code
18-202-18-204 4-4-4-6 22-105 28-11-28-14
18-205 4-3 28-16
18-206-18-208 4-7-4-9 28-17
18-209 4-13 22-106-22-110 28-18-28-22
18-210 4-14 22-201-22-205 28-33-28-37
18-211 4-12 22-301-22-307 28-48-28-60
18-212 4-10 22-309 28-61
18-213 4-2 23-102-23-105 23-1-23-4
18-214 4-11 23-301 23-147
18-301 23-153 23-401 23-24
18-302 23-153 23-402 23-29
18-401-18-404 15-40-15-44 23-403 23-21
18-405 15-47 23-404 23-25
18-406 15-46 23-405 23-32
18-407 15-45 23-406 23-31
19-101 24-1 23-407 23-19
19-102 24-2 23-408 23-27
19-103 24-3 23-409 23-28
24-4 23-410 23-20
24-13 23-411 23-23
19-104 24-5 23-412 33-3
24-6 23-413 3-3
24-8 23-414 3-4
19-105 24-7 23-415 23-30
19-106 24-9 23-416 32-4
19-107 24-16 23-417 23-22
19-108 24-10 23-418 32-5
24-11 23-419 32-6
19-1C9 24-14 23-501 23-44
19-110 24-12 23-502 23-43
19-201 24-17 23-503 23-57
19-202 24-18 23-504-23-507 23-45-23-48
20-101-20-104 25-15-25-18 23-508-23-511 23-50-23-53
20-201 25-1-25-3 23-512 23-56
20-202 25-4 23-513 23-49
21-101-21-103 27-1-27-12 23-514 23-55
21-104 27-23-27 -26 23-515 23-54
27-30,27-31 23-601-23-605 23-68-23-72
21-105 27-29,27-33 23-606-23-608 23-90-23-92
21-106 27-46,27-47 23-609 23-96
27-49-27-51 23-610 23-80
27-110 27-34 23-611 23-79
27-113 27-67 23-612 23-81
22-101-22-103 28-1-28-7 23-613 23-89
22-104 28-9 23-614 34-80
28-10 23-618-23-623 23-73-23-78
1818
e CODE COMPARATIVE TABLE
Code of 1960 Section Code of 1960 Section
Section this Code Section this Code
23-624 23-109 23-1139 23-146
23-625 23-87 24-101 30-1
23-701 23-113 24-102 30-2
23-702 23-107 30-8
23-703 23-112 24-103 30-3
23-704 23-125 24-104 30-4
23-705 23-111 24-105 30-6
23-706 23-108 24-106 30-7
23-707 23-125 24-109 30-9
23-708 23-88 24-111 30-10
23-801 23-83 26-101 32-70
23-803 23-86 32-71
23-901 8-2 32-74
23-904 8-30 32-75
23-1001 23-82 32-78
23-1002-23-1004 23-93-23-95 32-79
23-1101 23-156 26-102 32-72
23-1102 23-157 32-73
23-1103 23-160 32-76
e 23-1104 23-161 26-103 32-77
23-1105 23-163 26-104 32-80
23-1106 23-89 26-105 32-81
23-1108 23-164 26-106 32-83
23-1109 23-165 26-107 32-82
23-1110 23-18 26-108-26-113 32-84-32-89
23-1111 23-149 26-133 32-1
23-1112 23-150 26-201-26-206 32-100-32-105
23-1116 23-110 26-301 32-116
23-1117 23-17 26-302 32-117
23-1118 33-4 32-122
23-1119 23-159 32-129
23-1121 23-134 32-130
23-1122 23-135 26-303 32-118-32-120
23-1123-23-1127 23-128-23-133 26-304 32-121
23-1128 32-1 32-124-32-128
23-1129 32-3 26-305 32-123
23-1130 23-152 32-131
23-1131 23-124 32-132
23-1132 23-127 26-306 32-141-32-147
23-1133 14-1 26-307 32-153-32-158
23-1134 7-7 26-308-26-310 32-133-32-135
23-1135 23-26 26-401 32-169
23-1136 32-7 26-402 32-170
23-1137 9-353 32-171
e 23-1138 34-5 32-180
1819
SALINA CODE
Code of 1960 Section Code of 1960 Section
Section this Code Section this Code
26-403 32-172-32-174 27-306 22-13
26-404 32-175-32-179 27-307 22-31
32-182 27-308 22-32
26-405 32-181 27-401-27-406 22-48-22-57
32-183 27-407 22-46
32-184 22-47
26-406 32-190-32-193 27-408-27-413 22-58-22-64
26-408 32-185 27-414 22-119
26-501-26-503 32-231-32-236 27-414(a) 22-65
26-601-26-607 32-247-32-258 27-415 22-57
26-608 32-260 22-120
26-609 32-8 27 -502-27 -508 22-267-22-273
26-610 32-261 27-601 22-67
26-611 32-259 27 -602 22-76
32-262-32-265 27-603 22-77
32-267 27-701 22-78-22-82
26-612 32-268 27-702 22-83
26-701-26-704 32-9-32-12 27-704-27-706 22-86-22-89
26-801-26-804 32-23-32-26 27-801 22-90
26-901 32-279 27-802 22-91
26-902 32-280 27-803 22-93
26-1001-26-1006 32-286-32-291 27-804 22-94
26-1101 32-205 27-805 22-92
26-1102 32-206 27-806 22-95
26-1103 32-204 27 -807 22-96
32-208-32-212 27-808-27-810 22-98-22-100
26-1104 32-213 27-811 22-104
26-1105-26-1107 32-215-32-218 27-812 22-97
26-1108 32-214 27-901-27-904 22-105-22-109
26-1109 32-219 27-1001 22-101
26-1111 32-220 27-1002 22-102
26-1201 32-303 22-103
26-1202 32-304 27-1003 22-121
26-1203 32-302 27-1004 22-110
32-305 27-1006--27-1008 22-111-22-113
26-1301 9-350 27-1101-27-1106 22-211-22-219
26-1304 32-2 27-1109 22-8
26-1306-26-1308 32-37-32-43 27-1111 22-222
27-101 22-1 27-1112 22-220
27-202 22-4 27-1113 22-221
27-203 22-5 27-1114 22-223
27-204 22-9-22-11 27-1201 22-118
27-205 22-12 27-1301 22-248
27-301-27-304 2-27-2-30 27-1302 22-249
27-305 22-33-22-35 27-1303 22-252
1820
e CODE COMPARATIVE TABLE
Code of 1960 Section Code of 1960 Section
Section this Code Section this Code
27-1304 22-250 27-2203 22-349
27-1305 22-251 27-2301--27-2303 22-169--22-171
27-1306--27-1308 22-253--22-255 27-2304 22-174
27-1401--27-1405 22-132--22-141 27-2305 22-181
27-1409 22-114 22-185
27-1410 22-147 27-2306--27-2309 22-175--22-179
27-1414 22-146 27-2311--27-2313 22-182--22-184
27-1422 22-148 27-2314 22-186
27-1423 22-141 27-2315 22-187
27-1424 22-149 27-2316 22-189
27-1425 22-150 27-2317 22-190
27-1426 22-14 22-191
27-1427 22-152 27-2318 22-172
27-1428 22-141 27-2319 22-173
22-142 28-101--28-105 33-4--33-10
27-1429--27-1431 22-153--22-155 28-201--28-205 32-55--32-59
27 -1501--27 -1504 22-202--22-207 29-100--29-132 11-1--11-33
27-1601 22-208--22-210 30-106--30-108 35-3--35-9
27-1602 22-351 30-109--30-111 35-23--35-33
e 27-1603 22-352 30-112 35-10
27-1604 22-15 35-11
27-1701 22-156 35-34
27-1702 22-157 35-35
27-1703--27-1705 22-234--22-237 35-37--35-41
27 -1706--27 -1708 22-115--22-117 35-57
27-1709 22-16 30-113 35-42
27-1710 22-284 30-115 35-62
22-285 30-117 35-65, 35-66
27-1801--27-1821 22-286--22-306 30-118 35-67
27-1901--27-1906 22-307--22-313 35-68
27-2001 22-314 30-120 35-43
27-2101--27-2109 22-325--22-334 30-121 35-56
27-2201 22-344 30-122 35-59
27-2202 22-348 30-201--30-207 35-79--35-87
Ordinance Section
Number Date Section this Code
1003 4- 2-65 (Charter Ords.) App.F
R 1576 1-12-60 (Health Dept.) App.D
R 2608 4-24-62 (Civil Defense) App.C
5364 3-28-49 App. E, I
6291 12-10-58 App. E, III
6296 2- 1-59 App. E, IV
e 6544 6-27-61 1 35-1
2 35-2
1821
SALINA CODE
Ordinance Section
Number Date Section this Code
6545 6-27-61 35-54
2 35-55
3 35-60
4 35-61
5 35-63
6 35-64
7 35-11
6554 7-11-61 1 22-189
22-190
6573 10-31-61 1 32-217
6574 10-31-61 1 2-63
6591 1- 2-62 1 2-91
2 2-92-2-95
6592 1- 2-62 1 2-115-2-119
6593 1- 2-62 1-6 2-171-2-176
6594 1- 9-62 1-12 14-67-14-82
13 14-66
14-16 14-83-14-85
17-20 14-91-14-94
6597 1-30-62 1 35-60
6603 2-27-62 2-104
2-105
6606 3- 6-62 1 35-23-35-28
2 35-29
6607 3- 6-62 1 35-64
6613 4-11-62 (Zoning) App.A
6622 4-24-62 1 22-7
22-84
6637 7- 3-62 1 32-80
6666 10-30-62 1 9-2-9-4
6667 11- 6-62 1 20-58
6687 1-29-63 1 17-1-17-4
2 17-5-17-7
6694 3-26-63 1 6-48
6-50-6-55
6695 3-26-63 23-151
6699 4- 2-63 1 33-21
2 33-23
33-25
33-29
3 33-24
4-6 33-26--33-28
7 33-30
9 33-22
6700 4- 9-63 1 17-8
2 17-9
1822
e CODE COMPARATIVE TABLE
(Rpld is abbreviation for Repealed)
Ordinance Section
Number Date Seetion this Code
6717 6- 3-63 1 35-60
6724 7- 8-63 8-29-8-42
6725 7- 8-63 8-1
8-3-8-5
8-7-8-18
6735 9- 9-63 11-1-11-34
6746 11- 4-63 22-188
6749 11-18-63 13-1-13-5
6750 12- 2-63 1 34-68-34-70
6751 12- 2-63 1,2 27-54
(Subdivisions) App.B
6756 12- 9-63 1 27 -67
6761 1-13-64 1,2 23-158
6763 1-13-64 1 2-57
6781 4-20-64 1 App. A, 15
6782 4-20-64 1 App. A, 23
6803 8- 3-64 App. E, II
e 6805 8- 3-64 1 9-1
6812 9-14-64 1-4 29-11-29-14
6814 9-14-64 1 22-333
6837 12-14-64 7-91-7-97
6839 12-21-64 1 32-218
6845 1-25-65 1 App. A, 11
6854 4-26-65 1-3 5-1-5-3
6858 6-14-65 1 15-3
6860 6-21-65 32-55-32-59
6861 6-28-65 1 20-42
6862 6-28-65 1 7-68
6863 6-28-65 1 34-50
34-57
34-58
6865 7-19-65 1 App. A, 15
6871 8- 9-65 6-79-6-88
6873 8-16-65 1 18-13
.6877 9-20-65 1 App. A, 9
6878 9-20-65 1 App. A, 15
6883 10-25-65 22-180
6890 11- 8-65 1-3 34-6-34-8
6891 11-15-65 1 3-1
2 3-2
6893 11-29-65 1-5 2-187-2-192
6894 12- 6-65 32-41
e 6895 12- 6-65 12-119-12-126
Supp. No.6
1823
SALINA CODE
(Rpld is abbreviation for repealed)
Ordinance Section
Number Date Section this Code
6900 1- 3-66 1-4 16-1-16-4
5 16-7
6 16-22
16-54-16-78
7 16-8
8 16-23
9 16-24
10 16-21
11 16-19
12 16-20
13-17 16-32-16-43
18 16-5
19 16-25
20 16-26
21 16-6
6923 6-20-66 1 9-179
6924 6-20-66 1 12-76
12-77
6929 8- 1-66 2-5 17-10
6930 8-15-66 1,2 23-155.1
6944 11-21-66 Adopting Ordinance p. ix
6946 12-19-66 1 2-196
3-5 2-197-2-199
2 2-200
Char. Ord. No.4 12-19-66 App.F
Char. Ord. No.5 1-16-67 App.F
6950 1-16-67 1 35-69
6951 1-16-67 1 35-44
6952 1-30-67 1 Rpld 9-289
6953 1-30-67 1 6-12.1
6954 1-30-67 1 9-307(2)
6970 4-10-67 1 12-126
6971 4-10-67 1 25-5, 25-6
6972 4-10-67 1 Rpld 9-73
6980 5-15-67 1 23-151.1
6981 6-19-67 1-7 App.E
6982 6-19-67 1-10 App.E
6984 5-29-67 1 16-4(14)
6985 5-29-67 1 16-61
6986 5-29-67 1 16-66
6987 5-2&-67 1 16-67
6988 5-29-67 1 16-73
6989 5-29-67 1 16-71
6990 6- 5-67 1 16-19
supp. No. 6
1824
e CODE COMPARATIVE TABLE
(Rpld is abbreviation for repealed)
Ordinance Section
Number Date Section this Code
6991 6- 5-67 1 5-5, 5-6
6993 6-26-67 1 9-262
6994 6-26-67 1 9-314
6995 6-26-67 1 9-218
6996 6-26-67 1 9-281
6997 6-26-67 1 Rpld 9-290
6998 6-26-67 1 9-280
6999 6-26-67 1 Rpld 7-72
7000 6-26-67 1 7-73
7001 7-10-67 1 9-18
7002 7 -10-67 1 Rpld 16-71
7004 7-24-67 1 22-335
7011 8-21-67 1-4 10%-1-10%-4
7018 11- 6-67 1 9-352(2)
2967 (Res.) 11-27-67 1,2 App. C, ~ 3(a),(b)
7022 11-27-67 1 6-37
7023 11-27-67 1 21-23
7024 11-27-67 1 34-96
7025 11-27-67 1 7-91
e 7026 11-27-67 1 7-50(3)
7028 12- 4-67 1 20-50,20-57
20-58,20-59,
20-68, 20-69
7033 12-18-67 1 5-7-5-9
7034 1- 8-68 1 App. A, 14a
7035 1- 8-68 1-11 9-384-9-394
7039 1-29-68 App. A1
7046 3-18-68 1 6-49
7047 3-18-68 1 6-22
7057 5-20-68 1-5 34-82
7060 5-27-68 1-5 9-8
7062 6- 3-68 1 34-89
7063 6- 3-68 1 34-96
7065 6-17 -68 1 29-15-29-18
7066 6-17-68 1 29-20-29-38
7067 6-24-68 1 29-19
7070 7- 1-68 1 23-166
7077 8-12-68 1 9-260
7089 10- 7-68 1 31-17
7096 11-25-68 1,2 35-45
8002 1-27-69 1 9-179
8005 2-24-69 1 12-76
2 Rpld 12-82
8006 2-24-69 1 12-93
e 8007 2-24-69 1 12-122
Supp. No. 14
1825
SALINA CODE
Ordinance Section
Number Date Section this Code
8008 2-24-69 1 12-147
8017 4-14-69 1 2-7
8021 5- 5-69 1 9-324-9-329
2 Rpld 9-324-9-335
8023 5-19-69 1,2 22-150
8027 6- 2-69 1,2 20-39
8030 7- 7-69 1,2 App. A, ~ 15
8032 9- 4-69 1-5 12-1
8036 9-18-69 1,2 16-25
8037 9-18-69 1,2 16-26
3 16-27-16-29
8038 8-18-69 1 9-200-9-266
2 Rpld 9-199-9-328
8043 8-25-69 1,2 9-18
8044 8-25-69 1 9-25
8045 8-25-69 1,2 9-27
8047 9-15-69 1 9-200
8048 10- 6-69 1,2 6-42(1)
8055 12- 8-69 1 App. A, ~ 3
8056 12-15-69 1 12-63(2), (3)
8059 12-22-69 1 2-197
8062 1-19-70 1 35-64
8071 3- 2-70 1 9-185
8073 3- 9-70 1 32-218(5)
8075 3-23-70 1 35-55 (4)
8078 4-13-70 1 11-1-11-34
8079 4-20-70 1-6 2-206-2-211
8080 4-20-70 1-7 11%-1-11%-7
8087 6-15-70 1 21-29
8090 6-29-70 1 29-23
8091 6-29-70 1 29-25 (f)
2 29-25(g)
8092 6-29-70 1 29-39
8095 7-20-70 1 22-67
2 22-74
8099 8-10-70 1 34-68
8104 9-14-70 1 9-352(1), (2), (5), (7)
8105 9-21-70 1 23-14
8107 10- 5-70 1-4 9-2
8108 10- 5-70 1 9-18
8114 10-26-70 1 23-68
8115 10-26-70 1 23-68.1
8116 10-26-70 1 23-68.2
8117 10-26-70 1 23-147
8118 10-26-70 1 23-147.1
Supp. No. 14
1826
e CODE COMPARATIVE TABLE
Ordinance Section
Number Date Section this Code
8120 11- 9-70 1 34-90
8122 11-16-70 1-7 13-11-13-17
8124 11-23-70 1 9-200
8125 11-30-70 1 9-239.1
8126 11-30-70 1 9-239.2
8127 11-30-70 1 9-239.3
8128 11-30-70 1 12-76
8129 11-30-70 1 12-89
8134 12-28-70 1-9 23-171-23-179
8135 12-28-70 1 23-58
8138 1-18-71 1 6-50
8139 1-18-71 1 6-51
8140 1-18-71 1 6-61
8141 1-18-71 1 6-61.1
8143 2- 1-71 1 2-58
8146 3-15-71 1,2 9-63
8147 3-15-71 1 Rpld 9-7
8148 3-15-71 1 Rpld 9-26
8149 3-15-71 1 Rpld 9-27
e 8150 3-15-71 1 Rpld 9-28
8151 3-15-71 1 9-205.1
8152 3-22-71 1 9-145(4)
Char. Ord. No.6 3-29-71 App. F
Char. Ord. No.7 3-29-71 App. F
8153 3-29-71 1,2 6-55
8159 6- 7-71 1 9-166(1)
8160 6- 7-71 1 9-205.2
8164 6-28-71 1 Added 8-29-8-50
2 Rpld 8-29-8-42
8180 11- 1-71 1 App. A, ~ ll-a
8181 11- 1-71 1 App. A, ~ 12-a
8182 11- 1-71 1 9-401-9-404
8184 2- 8-72 1-4 2-24(a)-(c)
8190 2- 7-72 1 28-60
8191 2- 7-72 1 28-58.1, 28-58.2
8192 2- 7-72 1,2 28-51
8197 3-27-72 1,2 9-146
8198 4- 3-72 1,2 9-179
8204 5- 8-72 1,2 App. A, ~ 11 (20)
8208 5-22-72 1 22-122
8209 5-30-72 1 16-1-16-76
2 Ch. 16 (note)
8210 5-30-72 1 Rpld 9-236
e Supp. No. 17
1827
SALINA CODE
Ordinance Section
Number Date Section this Code
8211 5-30-72 1 Rpld 12-78-12-81,
12-83-12-88,
12-92, 12-93,
12-96-12-112
8212 5-30-72 1,2 9-181
8213 5-30-72 1 Rpld 9-182
8214 5-30-72 1 Rpld 9-183
8215 5-30-72 1 Rpld 9-184
8216 5-30-72 1 Rpld 9-185
8217 5-30-72 1 Rpld 9-186
8218 5-30-72 1 Rpld 9-187
8219 5-30-72 1 Rpld 9-188
8220 5-30-72 1 9-7
8221 5-30-72 1 9-200
8222 5-31-72 1 12-78
8223 5-31-72 1 12-81
8224 5-31-72 1 12-80
8225 5-31-72 1 12-79
8226 6- 5-72 1,2 9-18
8229 6-19-72 1,2 34-68
8231 7-10-72 1,2 23-172
8232 7-17-72 1,2 34-68
8240 8-21-72 1 11-17
2 11-19
8241 8-21-72 1 27-1-27-15
8246 9-11-72 1 16-42-16-44
8247 10- 2-72 1 App. A, ~ 6(9)
8251 10-16-72 1 App. A, ~~ 3, 25
8258 11-13-72 1 6-45
8259 11-20-72 1 Rpld 20-57
8261 12- 4-72 1 Rpld 12-40
8265 12-11-72 1 35-55
8271 12-18-72 1 34-68
8272 1-15-73 1 9-411-9-431
8273 2- 5-73 1 9-139
8274 2- 5-73 1 9-207
8275 2- 5-73 1 9-241
8287 6- 4-73 1-7 27-91-27-97
8290 7- 2-73 1 9-200
8305 7-17-73 1 31-17
8306 9-17-73 1-5 31-81-31-85
8309 10-29-73 1 16-1-16-8
16-19-16-31
Sup.!). No. 17
1828
e CODE COMPARATIVE TABLE
Ordinance Section
Number Date Section this Code
16-33-16-37
16-54-16-68
16-70-16-76
8314 11- 5-73 1 9-145 (4)
8315 11- 5-73 1 31-86
8317 11-12-73 1 16lf2-1-16%-13
2 Rpld 2-206-2-211
11%-1-11%-'1
Char. Ord. No.8 10-29-73 App.F
8322 12-10-73 1 28-56, 28-56.1
8328 1- 7-74 1 9-18
8329 1- 7-74 1 9-440
8330 1- 7-74 1 9-63
8338 3- 4-74 1 21-29
Char. Ord. No.9 3-18-74 App.F
8345 4- 8-74 1 6-7
8348 4-29-74 1 27-1-27-3
2 Rpld 27-1-27-15
8358 7 -15-7 4 1 16lf2-25-16%-27
e 8359 7-15-74 1 34-68
8364 8-26-74 1 16%-28-16% -31
8373 11-25-74 1 20-1
8374 11-25-74 1 20-9
8375 11-25-74 1 3-6
8376 11-25-74 1 7-22
8377 11-25-74 1 7-50
8378 11-25-74 1 7-68
8379 11-25-74 1 7-69
8380 11-25-74 1 7-91
8381 11-25-74 1 7-110
8382 11-25-74 1 7-127
8383 11-25-74 1 9-68
8384 11-25-74 1 9-132
8385 11-25-74 1 9-145(3)
8386 11-25-74 1 9-152
8387 11-25-74 1 9-216
8388 11-25-74 1 9-220
8389 11-25-74 1 9-247,9-250
8390 11-25-74 1 9-387
8391 11-25-74 1 9-417
8392 11-25-74 1 18-6
8393 11-25-74 1 20-38, 20-39
8394 11-25-74 1 20-42, 20-43,
20-50, 20-53,
e 20-55, 20-58,
Supp. No. 21
1829
SALINA CODE
Ordinance Section
Number Date Section this Code
20-59, 20-64-
20-66, 20-68,
20-69
8395 11-25-74 1 21-23,21-24
8396 11-25-74 1 29-26
8397 11-25-74 1 31-66
8398 11-25-74 1 32-209
2 RpId 32-210
8399 11-25-74 1 33-26
8400 11-25-74 1 34-22
8401 11-25-74 1 34-54
8402 11-25-74 1 34-57
8403 11-25-74 1 34-89,34-96
Char. Ord. No. 10 12- 9-74 App. F
Char. Ord. No. 11 12- 9-74 App. F
8406 12-23-74 1 9-179
8408 1- 6-75 1 9-25
8409 1- 6-75 1 9-40
8410 1- 6-75 1 9-67
8411 1- 6-75 1 9-163
8412 1- 6-75 1 9-203
8413 1- 6-75 1 9-346
8414 1- 6-75 1 9-368
2 RpId 9-369
8415 1- 6-75 1 9-388
8416 1- 6-75 1 14-16
8417 1- 6-75 1 32-74
8418 1- 6-75 1 32-215
8419 1- 6-75 1 35-20(2)
8420 1- 6-75 1 App. A, ~~ 9, 10
8426 4-14-75 1 6-37
Char. Ord. No. 12 5-12-75 App. F
8433 5-19-75 1 28-48-28-68
8438 6- 9-75 1 22-65
8539 6-16-75 1 RpId 6-50, 6-61,
6-61.1
3245 (Res.) 9- 8-75 1-10 App. C, ~~ 1-10
8454 9-18-75 1 App. A, ~ 9
8461 12- 8-75 1 20-57
8466 12-22-75 1 9-411-9-433
8468 1-26-76 1 9-69
8469 1-26-76 1 9-134
8470 1-26-76 1 9-225
8471 1-26-76 1 9-387
8476 3-22-76 1-6 2-54.1
Supp. No. 21
1830
e CODE COMPARATIVE TABLE
Ordinance Section
Number Date Section this Code
8477 3-22-76 1 35-64
8478 4- 5-76 1 App. A, ~ 14b
8479 4- 5-76 1 App. A, .~~ 9, 15
8480 4- 5-76 1 App. A, ~ 1
2 Rpld App. A, ~ 20
8482 4-19-76 1 20-39
8485 5- 3-76 1 21-1
21-12-21-19
21-30-21-32
21-43
2 Rpld 21-1-21-6
21-17-21-36
8488 5-24-76 1 llA-1, llA-2
llA_lO, llA-ll
llA-20-11A-22
llA-30-11A-31
llA-40, llA-50
llA-60-11A-M
llA-70-11A-73
e llA-80, llA-81
2 Rpld 16%-1-16%-13
16% -25-16%-31
8489 5-24-76 1 llA-90-11A-98
8492 5-24-76 1 App. A, ~ 21
8526 12-13-76 1 36-100-36-102
36-200-36-205
36-300-36-302
36-400-36-408
36-500-36-505
36-600-36-618
36-700-36-707
36-800-36-818
36-900-36-907
36-1000,36-1001
36-1100-36-1106
36-1200-36-1208
36-1300,36-1301
8527 12-20-76 1 27-4
8531 1- 3-77 1 9-18
8532 1- 3-77 1 9-450
8533 1- 3-77 1 9-200
8534 1- 3-77 1 9-440
8535 1- 3-77 1 9-63
8539 1-31-77 1 20-75-20-79
e Supp. No. 24 1831
SALINA CODE
Ordinance Section
Number Date Section this Code
8540 1-31-77 1 35-54-35-69
8544 2-28-77 1-19 App. E, Art. III
8547 3- 7-77 1 2-196-2-200
3311 (Res.) 3-14-77 App. D, ~ 1
8552 3-28-77 1 7-91
8553 3-28-77 1 Rpld 9-401, 9-402,
9-404
8554 3-28-77 1-3 21-1(3)-(6)
8555 3-28-77 1 21-30(2), (3)
8556 3-28-77 1 23-175
8557 3-28-77 1 32-130
8558 3-28-77 1 App. B, ~ VI(E) (1)
8560 4- 4-77 1 22-150
8663 4-11-77 1 32-65
8583 8- 8-77 1 36-604(3)1
8584 8- 8-77 1 36-604A
8599 9-12-77 1 36-1000(2) (d)
Char. Ord. No. 13 9-19-77 App.F
3339(Res.) 9-26-77 1-3 32A-11-32A-13
Char. Ord. No. 14 10- 3-77 App.F
Char. Ord. No. 15 10-17-77 App.F
8605 11- 7-77 1 9-179
8619 1-30-78 1 35-5
8623 3- 6-78 1 2-206-2-216
8626 3-13-78 1 25-50-25-54
8630 3-27-78 1 36-610(2)
2 36-611(1)
3 36-612(2)
4 36-613 ( 1)
5 36-614(1)
6 36-615(1)
7 36-616(1)
8 36-100(3)
9 36-1001(3)
10 36-1301 (95a)
Char. Ord. No. 16 5-15-78 App.F
8641 7- 3-78 1 35-26
8642 7- 3-78 1 35-29
8643 7-10-78 1,2 llA-72(6), (8)
8644 7 10-78 1 11A-72(9)
8645 7-10-78 1 11A-72(13)
8654 8-28-78 1 31-17
8657 9-11-78 1 36-402
Supp. No. 24 1832
CODE COMPARATIVE TABLE
e Oreliaall. Section
Nu_ber Date Seetioa this Code
8668 9-25-78 1 36-403
2 36-907(2)
3 86-1301 (67a)
8664 9-25-78 1 36-600(1)
2 36-602(2)
3 36-602(2)
4. 36-603(2)
5 36-604(2)
6 36-604A(2)
7 36-605(2)
8 36-608 (1)
9 36-609(1)
10 36-610(1)
11 36-611(1)
8668 10-16-78 1 22A-1-22A-5
8679 12-11-78 1,2 6-25, 6-26
8685 1-22-79 1 35-54--35-69
8688 2-26-79 1 App. B, ~ IV
(B) (13)
8689 2-26-79 1 11A-93
e 8692 3- 5-79 1 11A-72
8703 3-12-79 1 36-602( 4)
2 36-603 ( 4)
8704 3-12-79 1 28-48
8707 3-26-79 1 22-180
8708 3-26-79 1 22-190
8713 5-14-79 1 6-55
Char. Ord. No. 17 6-18-79 App.F
8723 7- 9-79 1 Rpld 7-1-7-7
8724 8- 6-79 1 25-7-25-9
8730 8-13-79 1 Rpld 2-206-2-216
8734 8-13-79 1,2 App. B, ~ III
(A) (1), (4)
8735 8-13-79 1 27-4
8736 9-10-79 1 11-1-11-4
2 Rpld 11-1-11-34
8740 9-10-79 1 Rpld 9-2
8741 9-10-79 1 9-18
8742 9-10-79 1 9-63
8743 9-10-79 1 9-163
8744 9-10-79 1 9-200
8745 9-10-79 1 Rpld 9-203
8746 9-10-79 1 9-205.1
8747 9-10-79 1 Rpld 9-235
e Supp. No. 26. Revision 1838
SALINA CODE
Ordinanee SeetiOD
Number Date Section We Code
8748 9-10-79 1 9-888
8749 9-10-79 1 9-440
8750 9-10-79 1 9-480
8754 10- 1-79 1 9-440.1
8755 10- 1-79 1 9-441-8-449.3
8757 10-22-79 1 18-1&9--12-161
8760 11-19-79 1 36-SAOO-36-SA99
8761 11-19-79 1 22-190
80-8767 1- 7-80 1 9-352(3)
80-8768 1- 7-80 1 9-352(1)8
Supp. No. 26, Revision
1884
e
e
e
CODE INDEX
A
ABANDONED ICEBOXES AND SIMILAR CONTAIN-
ERS
Safety precautions upon abandoninR' ________h______________m__m
ABATTOIRS
Places where animals kept. See: Animals and Fowl
ACCIDENTS
Traffic. See that title
ACCOUNTING
Old records, destruction. See: Public Records
AD VALOREM TAXES. See: Taxation
ADMINISTRATIVE DEPARTMENTS. See: Depart-
ments of City
ADULTERY
Indecency and obscenity. See that title
ADVERTISING
Going out of business sales. See that title
Handbills, circulars and similar printed matter
Placing in or on motor vehicles _________m________m___m____m
Tearing down, defacing, mutilating when lawfully
posted __mm_____m______oo________________oom___ ___mmmm_____oo__
Throwing, scattering on private property m_..____m____oo
Utility poles, fences and similar places
Posting on ____oo____m________m_m_moo__m_m__n_____mm___oomoo
Licenses and license fees. See: Licenses, Certificates,
Etc.
Loudspeakers and sound trucks
Hours of use regulated h__m._______ _h__n_________m_mm________
Licenses. See also: Licenses, Certificates, Etc.
Fee ____________m_mmmmm_oo__________m_m__mm_____________m__
Operation without ____mm ...._______. __ _________________________ _moo
Required m______m_____m_m m_ ._______ _._.________________m___m_.._
Obscene advertising. See: Indecency and Obseenity
AFFIRMATION. See: Oath
AFFIRMATIVE ACTION
Equal opportunity and affirmative action. See that
title
AGREEMENTS. See: Contracts and Agreements
AIDING AND ABETTING OFFENSES. See: Offenses
Supp. No. 24
1835
Section
23-146
3-1
3-4
3-2
3-3
3-7
3-6
3-6
3-5
SALINA CODE
AIR CONDITIONERS
Installation regulated. See: Water and Sewers
AIR POLLUTION
Board of appeals
Defined ~ hh___hhm n _ m ____ __h___n___m_ m___h_____mh_____d_____ ~m__
Designated ___________h___h___________~ ______ _~_______h________m________um
Duties in general _______mm___h__________m___mm__mh___mdmhh
Procedures mhh_m_______________hm_ __h___ ___m___m__mmm_____~______
Building official
Defined _______~____m_hh_h~__h___~ _____h____ __h_________________h_m____h_
Duties enumerated m~m~ hm___ ___h_~ _ m_____m_____m___mmh_____
Hearings by mhm_______~_mmm_~m~____ hmhm_______m__mh___m_
Interfering with hU__mmmhhmm~__ ______mh_~______h_mmnhh_
Cinders, dust, fly, ash, noxious acids, etc.
Definitions _~___m__m~_____m___dh_________m_____m_m___________U___h___
Dense smoke
Abatement h_hmmmhn____h_~_____hm_m_ ____m_m_____mhhmn_m
Defined m__h_hh_m_______~___________m__m_~_mm__________m__~____mum
Emission m_h__m_h___m______h _______h_____~ ____m_m_ u__ ___m_____ ~____
Exceptions to prohibitions __h__m____um___d__mh_m__m__hm
Ringlemann chart. See hereinbelow that subject
Enforcement of provisions, interfering with m__________m__
Equipment, devices, apparatus
Annual inspection, certification .._um_mm_m_____h______m_
Grace period ___On _______d_m___mm_ u _ _ ~ m_____ ___d___ __h_________ m
Construction, reconstruction, addition, alteration,
etc. m__m m_mhm__m__________ _ ____h ~_~ m _mmd___m_nh __h __h__
Inspections
Duty of building official _____h__mn_mm_m________________m___
Fees ________m_________h_______mm_m__m_m________u___m___d____m____m_
Permit. See also: Licenses, Certificates, Etc.
Fees __________h__mm_________mmhm__ n_m.. __ _____m__________m____m____
Person, firm or corporation
Defined __m____hm________m__m_m_~ mm _m_mm______________m________
Ringlemann chart
Adopted _m_mh______m______________"__________ __ __hn_______m__umm______
Defined _m_____mm_____m__nd_n _____m_____ m____ _____________m_____m__
Dense smoke. See also within this title that sub-
ject
U se __hmhh___m_m_mm_mh_h____~_______ __ _n ___mm___mmmm___hm
Smokeless solid fuel
Use of ______mm__h___________m__m_hmmm _ _m__mm_m_m_____m_m
Soot, cinders, noxious acids, fumes, etc.
Abatement ___mm_________________________m___ __m__ _u_m____________mum
Escape of __m_____m_m_____m_mn_____d___________m__m__________h___h_
Supp. No. 24
1836
Section
4-1
4-14
4-14
4-14
4-1
4-3
4-13
4-12
4-1
4-4
4-1
4-4
4-5
4-12
4-9
4-10
4-8
4-3
4-11
4-11
4-1
4-2(1)
4-1
4-2(2)
4-7
4-6
4-6
e
e
e
CODE INDEX
AIRPORT ZONING (Appendix A1)
Appeals __________ ________________ ________ ______ --------- ------------00-------------------
Judicial review __00___00______________ _m__ n - -------00------------------00-----
Board of adjustment 00----------- _--00-------------------------------------
Appeals ____________00_____________________________________________________00__------
Judicial review ______m____________ ___00___ ___m____________m_____m_______
Commission
Created __________m_______________________ ---00 ____________ _______ ______m_________
Duties ___________________m____m__n____________ - -----------------------------
Number of members; qualifications ___________m_m__m______
Conflicting regulations __n_______m__n___ ____m______n_______________m__
Definitions __m__n___n_____________n___________ --- ___m________ __m_______ --------
Effective date of provisions _...___________m_m__m______n_u_________
Enforcement of provisions __m__m_m______________________n__________
Hazard marking and lighting
Permits or variances, etc. - -__--00- ___m________________________m______
Height limitations 00--- __________________ m_________________m______________n___
Judicial review __________ ______________________m__m________________________________
Nonconforming uses ____________m___________ ___ _______________________n___m
Abandoned or destroyed _______ ____m_ ___nm__________________m______
Penalties __n___________m___m_____m__m_____m ___________________m_____________
Permits __________ _mm_ ________ ____m__mn_ _ ____ -- n_n____________________________
Provisions
Conflicting _____________________________ _m____ _ ___________m_________________m
Definitions _______mn__________________nmn __m_m_______m_________________
Effective date __n______________n_____________________m____________________ ----
Enforcement ________________m______________ - - n -------------------------
Penal ties n ___00___ ____ ____m____m_______ ___00___ _ ___________m________m___m__
Severability 00---00--- ______________ - __ - - ------00- _____________m__________________
Short title nm_____m_________________ __________________m_______________________
Severability of provisions ___________________________n__m_________m___m
Short title -----------------------------------------------------------------------
Use restrictions --------------------------------------------
Variances - - --00------------00---------------------- n ____________n___________________m
Violations , penalties n_____m__m___ ________n_________________m_____________
Zones established m_____ ----0000------- _____ ____ ________________________m_____
Zoning, other. See: Zoning
Section
10
11
9
10
11
5-7
5-9
5-8
13
2
15
8
AIRPORTS AND AIRCRAFT
Authority
Created __00______________________________ ____________ _________m___________nm______ 5-1
Management ________ ____________00___ __00___ __________________________________ 5-2
Subject to statutes _____m__m__________ _____________m________mm_____ 5-3
Board of directors m m______m_n_n_m__ m_______m______________________ 5-2
Commission for airport zoning. See: Airport Zoning
Police power extended over airport _n_______________m____________ 5-4
Supp. No. 24
1837
7(e)
4
11
6
7(c)
12
7
13
2
15
8
12
14
1
14
1
5
7(d)
12
3
SALINA CODE
AIRPORTS AND AIRCRAFT-Cont'd.
Rules and regulations
Adoption and promulgation __hm___m__________________________
Violation, penalty -----------------------____________h______________
ALCOHOLIC BEVERAGES
Alcohol, defined ____ u __u____ _____________ __m__h______________ ______________
Alcoholic liquor, defined --------_______u_________________h__________
Amusement places. See: Amusements, see also various
amusement places as indexed
Beer, defined ____ __u________________________ ____ _________________________
Bicentennial center
Consuming alcoholic liquor in -----------------________m____
Authority to regulate _______________________________
Billiard halls. See: Billiards, Pool and Shuffleboard
Blood tests for driving under influence. See: Traffic
Cereal malt beverages
Charter ordinance pertaining to __m__________m__________h_
Consumption
Hours and days ________________________________________________
Public streets, etc. _________________________________________
Definitions _______m_________________________________________
Distributor
Relationship of retailer to ----------_________um_________
State license -------------______m__________________
Election day sales -----u------___________________________m_____
Employees, licensee responsible for acts of _________m__
Gambling in premises -____m__________nm__________________
Hours, days, sales and consumption regulated ______
Intoxication and disorderly conduct
License revocation ---------------------------___________m
Licenses and license fees. See also: Licenses, Certi-
ficates, Etc.
Acceptance of regulations, constitutes __________________
Applications
Responsibility of licensee ----m____m_____________m_______
Revocation _______ ------------___h________h____________________
Appeals from _m_____________________________________
Committing act that is grounds for ---------_______h
Re-licensing after -------------____________m______________
Manufacturer, relationship of retailer to ______.___________
Minors. See also within this title that subject
Age, misrepresentation -----------------______________m_________
Furnishing to m_m________________________________________________
Loitering __________________________________________________________
Supp. No. 24
1838
Section
5-5
5-6
6-1 (1)
6-1 (2)
6-1 (8)
6-25
6-26
App. F
6-48
6-49
6-85
6-67
6-68
6-48
6-65
6-56(7)
6-48
6-56
6-64
6-65
6-56
6-58
6-57
6-59
6-67
6-54
6-68
6-55
e
e
e
CODE INDEX
ALCOHOLIC BEVERAGES-Cont'd.
Place of business
Open to public and to police __mm__________mnm_m_______m
Possession
Alcoholic liquor in premises __m__m_m_____m_____m_______
General cleanliness and sanitation __m__mm_m____m_m
Inspection of n___m_____________m ______m__m_____m__m_________n___
Intoxication and disorderly conduct in _mnn__________n
Responsibility of licensee n___mm_nm_m_____________u______
Public places, consumption in _m_mm____m___u__u_m___m__
Retailer
Relationship to manufacturer, distributor, whole-
saler ...n___n__..._ _n________n_n__n___m__________m________m_n__
Retailer's license
Applications
Action on, journal to show _____ _____00___________
Examinations, investigation of __ _______n__n____ -
Generally _m________n______mm__ ___ _ m_mnnmn______n________m_
Contents ___m_____m__m_________m____________m___________m__u__ --------
Fees _____________m____m__m___m__________________________n____________u_____
Issuance u_______m___________m__ __m____ ____m_m_____________m ----------
Journal of board of commissions to show action
on 'application m_u__m_n____.._m____m__m__m______________
Part of year __n_____uumm_____mu___m__m___m_________m_mnm_
Partial fees ______________nm_ ________m_ _____m_____mm___m_u_____m
Persons ineligible for _m__m_______nm____mn__m_m_________m_
Posting __ __ ________m_____m________m_m_____m__m____________m__m_m
Required; scope _____m_____m_m________m______________m_m____m__
Transferability __ __m_ _n_ ____ ________m_____m____m__mm_m___m
Zoning restrictions ____ ___m___m____m______m________m___m___n
Samples for analysis _m____________m__m__m_m_____m_______m___
Sunday sales ________________m________________m_______________m____m______
Wholesalers
Relationship of retailer to ______m__mm____m__mmm______
State license m__m_nm__________m__m_mm_______m___m_m_____
City retailer's licenses. See also within this title vari-
ous types of licenses
Penalty for failure to have _____m________m______________mnm
State retailer's license prerequisite to m_m__m_mm___n
Class B club licenses
Applications
Journal to show action on m__n___u_u_m_m_______nm_______
Requirements _____m________m_________m__________________nm___m___
Contents ______________n____________u___u______m_____m___m__m__m__-------
Payment, when ______n_____m_____m________m_________m__________m______
Posting ________m___m______________m___________m______________-----
Supp. No. 24
1838.1
Section
6-51
6-52
6-66
6-62
6-63
6-65
6-49
6-67
6-44
6-40
6-39
6-47
6-37
6-41
6-44
6-38
6-38
6-42
6-46
6-36
6-45
6-43
6-60
6-48
6-67
6-68
6-6
6-5
6-83
6-82
6-86
6-80
6-85
SALINA CODE
ALCOHOLIC BEVERAGES-Cont'd.
Transf erabili ty ___________________________________ ___________________ __________
Violations, penalty _____m __m _ _. ___ .m______________m_______________m
Cleanliness and sanitation
Cereal malt beverage premises m_____________________________
Consumption
Cereal malt beverages. See within this title that sub-
ject
Required ______________________________________________________________
Revocation _________________________________________________
State license, applicant to have ___m______________________
-Tax levied __________________________________________________________
Supp. No. 24
1838.2
Section
6-84
6-88
6-66
6-79
6-87
6-81
6-80
e
e
e
CODE INDEX
ALCOHOLIC BEVERAGES-Cont'd.
Consumption in public places. See within this title:
Public Places
Days and hours of sale m__n__m.mn__m.m.___n....nn_______._...
Cereal malt beverages. See within this title that
subject
Definitions _____m_..__ ____00____00. m._____.m.m.mmm-.n..mm--
Cereal malt beverages. See also within this title
that subject
Distributors
Cereal malt beverages. See within this title that
subject
Defined _ ___..m_..m..m...----.--...--..m.--..m.m...m---..
Violations by, penalty __nn_mn__m__m_nm___m_.m__nmm..
Distributor's license tax
Levied _ _____n___m___ ___________________m_____m._m_____m__
State distributor's license prerequisite to city li-
cense ___m__nn____m_._n_mm_m_n__m_m____n___m_____m_____m
Violations, penalty ____n____mm__m____.___m__m__ nn__mn_mn__
Driving under influence. See: Traffic
Drugs
Driving under influence. See: Traffic
Drunkenness _00_ ___m..m__m_.__m______m__.._m____m.__m__m__
See also within this title various similar provisions
Election days
Cereal malt beverages. See within this title that
subject
Sales on ___nn____m_n__m___m.__m.___._________m.__mm_..___.
Exceptions to prOVISIons _m_m__m________._m___m_m__n___..m____
Food establishments, entertainment in. See: Amuse-
ments
Holiday sales _____m_________m___m__nnmm__m__m_____m___m___m____
Cereal malt beverages. See within this title that
subject
Hours and days of sale __mmm__m..m_._m____m____n_nmm___
Cereal malt beverages. See within this title that
subject
Incapacitated persons
Furnishing, sale to _m____m_.__mnm__mnmmmm______________
Penalty for violations ____mm_______m________m_n_m..._n________
Intoxication and disorderly conduct
Cereal malt beverage premises ____ - __mm_mn__m__m_m
Drunkenness __ ___m__m___mnm______n_m____m__m__m___nm_m._
Licenses. See also within this title various types
Cereal malt beverages. See within this title that
subject
Supp. No. 23
1839
Section
6-7
6-1
6-1(4)
6-20
6-18
6-19
6-20
23-110
6-63
23-110
6-7(1)
6-24
6-7(3)
6-7
6-15
6-16
SALINA CODE
ALCOHOLIC BEVERAGES-Cont'd.
Class B club licenses. See within this title that
subject
General business regulations. See: Licenses, Cer-
tificates, Permits, Etc.
Malt beverages. See within this title: Cereal Malt
Beverages
Manufacture
Defined _m_ _ ----m-_________m___n_mmm____ nw m ____mn_____n _ _ _ ___ __
Exceptions ___________n_______________ ________ ___ _____n_____n_____ _ _ _____
State license for mm___m___hm___n___________mm___h_mn___
Minors. See also that title
Age, misrepresenting ------n_m__h_m____u___m___n_____h__
Cereal malt beverage restrictions. See within this
title: Cereal Malt Beverages
Employing -----------n--__nn______h__n_m_________n_____n_______n____m_
Penalties for violation ----m_m______m____m_mm___mm____
Possession by _____m___m__hu________ hm___u_m_______h_____m__
Purchases by ---------___________m______m___m -nm_____________m_u _ nn
Sales to -h-_____n_m_________________________m___ __n__ _m____ _ _______ ___ _ ______
Open saloons ---m------_____m_____mw_m______n___m_________m__ _ _ ______n
Original package
Defined --------------_______________n______n____________m______ __ _ ___ _ ___
Sales in -------------------------------_____n___________________________n______ _ ___
Penalties. See within this title various offenses
Physicians or dentists
Exceptions to provisions nn____mu____n_____m_____m_nm___
Poolrooms. See: Billiards, Pool and Shuffleboard
Possession
Cereal malt beverages. See within this title that
subject
Exceptions _m____h un _ ____nn_____m____h _ u ___ _ _ m_ ___m________
Generally ___m______mn_______ ________n__________ __________n____________
Minors. See within this title that subject
Premises
Cereal malt beverages. See within this title that
subject
Public places
Consumption of alcoholic liquor in public places ____
Charter ordinance pertaining to _____m_n___________m___n__
Retail premises
Cereal malt beverages. See within this title that
subject
Entertainment in __m____m_mh_n_ un_ _ _mm___m
SuPP. No. 23
1840
Section
6-1 (5), (6)
6-24
6-2
6-12
6-9
6-16
6-14
6-13
6-12.1
6-23
6-1(8)
6-17
6-24( 1)
6-24
6-21(2)
6-22
App. F
6-11
e
CODE INDEX
ALCOHOLIC BEVERAGES-Cont'd.
Retail sales
Cereal malt beverages. See within this title that
subject
e
e
Supp. No. 23
1840.1
e
e
e
CODE INDEX
ALCOHOLIC BEVERAGES-Cont'd.
Retailers
Defined ........................................
Felons, employment of ..........................
Retailer's license tax
Levied .........................................
Retailer's premises
Mixing drinks on .... . . . . . .. . . . . . . . . . . . . . . . . . . . . .
Open saloons ...................................
Sacramental purposes, wine for ....................
Sales
Cereal malt beverages. See within this title that
subject
Days and hours restricted ..............'.........
Defined ........................................
Incapacitated persons ...........................
Minors. See within this title that subject
Original packages ..............................
Saloons ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sell at retail and sale at retail
Defined ........................................
Shuffleboard places. See: Billiards, Pool and Shuffle-
board
S piri ts
Defined ........................................
State licenses. See within this title various subject
State retailer's license
Prerequisite to city license ......... . . . . . . . . . . . . . .
Required .......................................
Sunday sales .....................................
Cereal malt beverages. See within this title that
subject
Taxicab restrictions. See: Taxicabs
"To sell"
Defined ........................................
Transportation
Exceptions .....................................
Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Violations. See within this title various offenses
Search warrants. See: Police Court
Wholesalers
Cereal malt beverages. See within this title that
subject
Wine
Defined ........................................
Sacramental ...................................
Supp. No. 25
1841
Section
6-1(10)
6-10
6-3
6-8
6-23
6-24(2) (b)
6-7
6-1(11)
6-15
6-17
6-23
6-1(12)
6-1(13)
6-5
6-4
6-7(2)
6-1(14)
6-24
6-21(1)
6-1(15)
6-24(2) (b)
SALINA CODE
ALLEYS
General definitions applicable to streets and sidewalks
See also: Streets and Sidewalks
Street encroachments, other regulations pertaining to
public ways. See: Streets and Sidewalks
Traffic. See that title
Section
1-2
ALMS
Soliciting. See: Vagrancy
AMENDMENTS TO CODE. See: Code of Ordinances
AMPLIFIERS
Loudspeakers and sound truck licenses. See: Adver-
tising
AMUSEMENT DEVICES
Licenses and license fees. See: Licenses, Certificates,
Etc.
AMUSEMENTS
Alcoholic beverage premises. See: Alcoholic Bever-
ages
Arcades. See that title
Billiards, pool and shuffleboard. See that title
Garnivals, circuses and tent shows. See that title
Dancing and dance halls. See that title
Entertainment in food establishments
Disorders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-95
Gambling ...................................... 7-95
Hours limited .............. . . . . . . . . . . . . . . . . . . . . . 7-94
Intoxicating liquor .............................. 7-95
General provisions relative to alcoholic beverage
premises. See: Alcoholic Beverages
Licenses
Appeal from denial ........................... 7-92
Applications .................................. 7-92
Expiration ................................... 7-91
Fees ......................................... 7-91
Issuance ..................................... 7-93
Required ..................................... 7-91
Revocation ................................... 7-97
Suspension ................................... 7-96
Transferability ............................... 7-91
Sunday activities ............................... 7-94
Entertainment in retail alcoholic liquor establish-
ments. See: Alcoholic Beverages
Firework displays. See: Fireworks
Supp. No. 25
1842
e
e
e
CODE INDEX
AMUSEMENTS-Cont'd.
Minor restrictions. See within this title various sub-
jects
See also various amusements as indexed
Municipal swimming pools. See that title
Parks, playgrounds and recreation. See that title
Public dances. See: Dancing and Dance Halls
Recreation, other. See: Parks, Playgrounds and Rec-
reation
ANIMALS AND FOWL
Baby chicks, dyed or colored ......................
Biting animals. See within this title: Impoundment
of Animals
Cages. See within this title: Places Where Animals
Kept
Cattle herds, milking. See: Milk and Milk Products
Cruelty, overworking, torturing, etc. ..............
Dog fighting. See within this title: Dogs
Dyed or colored rabbits, baby chicks, etc. ........
Dead or diseased animals or offal, transporting. See:
Streets and Sidewalks
Diseased animals
Impoundment of animals. See within this title that
subject
Dogs
Confinement
Rabies suspects ..............................
Definitions .....................................
Disturbing the peace ...........................
Dog fighting ...................................
Female dogs
Confinement while in heat . . . . . . . . . . . . . . . . . . . . . .
Hobby breeder
Permit required ...............................
Registration, vaccination. See within this subtitle
that subject
Imported dogs
Certificate required for sale ....................
Registration; transferring. . . . . . . . . . . . . . . . . . . . . .
Impounding
Killing, authorized, when .....................
Other animals. See within this title: Impound-
ment of Animals
Procedure, disposition, etc. ....................
Rabies suspects ...............................
Tranquilizer gun, use authorized ..............
Supp. No. 25
1843
Section
8-14
8-2
8-14
8-40
8-29
8-42
8-30
8-49
8-46
8-48
8-47
8-37
8-36
8-40
8-37
SALINA CODE
ANIMALS AND FOWL-Cont'd.
Kennels
Operating license required .....................
Registration, vaccination. See within this subtitle
that subject
Killing authorized, when .........................
Licenses
Purchase from city clerk ......................
Maintenance requirements .......................
Parks, dogs and other animals in. See: Parks, Play-
grounds and Recreation
Provisions
Penalties for violations ........................
Public places or buildings, entering ..............
Rabid animals, other
Dogs bitten by .......................... . . . . . .
Rabies suspects
Impounding, confining ...... . . . . . . . . . . . . . . . . . . .
Registration, vaccination
Commercial kennels, fees ......................
Exceptions to provisions .....................
Fees........................................ .
Hobby breeders, fees ..........................
Imported dogs ................................
Licenses
Required, purchase ..........................
Procedure for registration ......................
Reports ......................................
Required .....................................
Supp. No. 25
1844
Section
8-45
8-37
8-32
8-43
8-50
8-39
8-41
8-40
8-32(a)
8-34
8-32
8-32(b)
8-47
8-32
8-33
8-32
8-31
e
e
e
CODE INDEX
ANIMALS AND FOWL-Cont'd.
Right of entry m_m__________________m____uu______________________u___m
Transient dogs _____m_________________m_____m_m____u_________m__u
Generallym______________ _ _m______m_ m__mm_m__
Impounding. See within this subtitle that sub-
ject
Other animals. See within this title: Running at
Large
Theaters, restaurants, stores, etc.
Dogs en tering u_, _________m ________ m__________________________m_m____
Tranquilizer gun used to apprehend ________________m___________
Vicious dogs
Eu thanizing, when ________________________________________________________
Impounding. See within this subtitle that subject
Kee ping ____ ____ ____ ____ ____m_ ____ _____________m__m_m___m_____ ------------
Vi 0 la ti ons, penal ti es __um__________m___________________m______________
Ducklings, dyed or colored
Emergency measures in event of rabies epidemic
Fighting dogs. See within this title: Dogs
Impoundment of animals
Authorization
Biting or diseased animals
Destruction or treatment -----------------------------------
Dog provisions. See within this title: Dogs
Failure to redeem _________________ ____m___________m__m_m____
General requirements __________m_________
Redemption and release, when ________________________________
Disposition
Euthanasia, when ____________________
Dogs. See within this title that subject
Fees ________ ____ ____ _____ _ m_________ -- ---------- ----------------------------- ---------
N otice ______________________________________________________________----------------
Redemption by owner _____________________________________________________
Running at large. See also within this title that
subject
Sale; disposition of proceeds -------------------------------------
Milk and milk products. See that title
Parks, in. See: Parks, Playgrounds and Recreation
Pens. See within this title: Places Where Animals
Kept
Picketing, staking, hitching
Streets or private property, near -- -----------------
Pigeons, keeping
Places where kept
Livestock, fowl, etc.
Location, cleanliness, maintenance
Riding horses _____mm___________ _______________ _____m___________________
Supp. No. 22
1845
Section
8-44
8-34
8-36
8-39
8-37
8-38
8-38
8-50
8-14
8-1
8-5
8-16
8-18
8-15
8-17
8-18
8-8
8-5
8-5
8-7
8-9
8-11
8-11
8-13
8- ~?
SALINA CODE
ANIMALS AND FOWL--Cont'd. Section
Rabbits, dyed or colored mmn______m___ ____m________mn__m__m 8-14
Rabies control
Biting or diseased animals. See within this title:
Impoundment of Animals
Rabies epidemic
Dog regulations. See within this title: Dogs
Emergency measures in event of __n_n________m 8-1
Restaurants, animals or pets in. See: Food Regu-
lations
Running at large
Exemptions m_nnm_____m_m________n_______mm_ 8-4
Generally nm___ ____m_______m.__.__m_____n___m___m__m_ 8-8
Impoundment of animals. See within this title that
subject
Tranquilizer gun used in apprehension, authoriza-
tion __n_____:__.n________m__________ m__m__________________"_______m__ 8-6
Stables, milk barns, similar places
Livestock other than cows kept in. See: Milk and
Milk Products
Stables, sheds, etc. See within this title: Places Where
Animals Kept
Traffic provisions, applicability. See: Traffic
Tranquilizer gun. See within this title: Running at
Large
Dogs. See within this title that subject
Trespassing on public or private grounds or side-
walks n mmmm____nn_______.___nn____ 8-10
ANNEXED TERRTIORY
Classification. See: Zoning
Plats, subdivisions, etc. See: Planning
ANTENNAE. See: TV and Radio Towers and An-
tennae
Television antenna franchise ___m__m___n______n_______n_____ App. E, Art. III
APPLIANCES
Gas burning appliances. See: Gas
ARCADES
Amusement permits, other. See: Amusements
Defined ___ __n_m__mn_m___m___m_n_____mm_m____m______m_______m
Licenses and license fees. See also: Licenses, Certifi-
cates, Etc.
Age of licensees _n_._______m_m__.m____m____________m_____m_
Assignability __ -___________________________n__n________m_m_______m________
Expiration _______________m_m__________________________m____________
7-108
7-118
7-112
7-111
Supp. No. 22
1846
e
CODE INDEX
ARCADES-Cont'd.
Fee __ ______________ __m_m____________________________________m_______________
Issuance, form of _________m_________________________________
Required __________________m__m____________________________m_________
Revocation -----------------------------------------------------------
e
AREAWAYS
Protection. See: Streets and Sidewalks
ARTS COMMISSION. See: Salina Arts Commission
ASSAULT AND BATTERY
Assaulting an officer --------------------------------------------
Battery, committing __m_____m______m_________________m____ ---------
Committing, assault _____________ _m___ _____m___m____________mm______
ASSEMBLIES
Dogs entering public buildings. See: Animals and
Fowl
Places of amuaement. See: Amusements
Riots, inciting. See: Riots; see also: Disorderly Con-
duct
Unlawful assemblies ---------------------------------------------
ASSIGNATION. See: Indecency and Obscenity
ASSOCIATIONS
General definitions applicable to __m_______________________________
ASTROLOGISTS
Licenses and license fees. See: Licenses, Certifi-
cates, Etc.
ATTORNEY, CITY. See: City Attorney
AUCTION ROOMS
Licenses and license fees. See: Licenses, Certificates,
Etc.
e
Supp. No. 22
1846.1
Section
7-110
7 -114
7-109
7-115
23-43
23-147.1
23-147
23-113
1-2
CODE INDEX
e
Section
AUCTIONEERS
Licenses and license fees. See: Licenses, Certificates,
Etc.
AUCTIONS
New goods, state law relative to ...................
AUTHORITY. See: Officers and Employees
AUTOMOBILE JUNK DEALERS. See: Junk and Junk
Dealers
23-148
AVENUES
General definitions applicable to streets and sidewalks 1-2
See also: Streets and Sidewalks
AWNINGS
Construction. See: Buildings
B
e
BAIL BONDS. See: Police Court
BAKERIES
Food regulations. See that title
BANKS
Depositories for city. S.ee: Finances
BANNERS
Temporary banners over streets. See: Buildings
BARBED WIRE FENCES. See: Fences, Walls, Hedges
and Enclosures
BARRICADES
Dangerous structures, as to. See: Fire Prevention
BATTERY
Assault and battery. See that title
BA WDY HOUSES
Indecency and obscenity. See that title
BB GUNS. See: Firearms and Weapons
BEER. See: Alcoholic Beverages
BEES
Keeping within city
Permit required .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23-166
BEGGING. See: Vagrancy
BELL TELEPHONE FRANCHISE ................... App. E, Art. IV
BETTING. See: Gambling
Supp. No. 25
e
1847
SALINA CODE
BICENTENNIAL CENTER
Alcoholic beverages. See that title
Section
BICYCLES
Traffic. See that title
BILLBOARDS. See: Signs and Billboards
BILLIARDS, POOL, SHUFFLEBOARD, ETC.
Amusement machines. See: Coin-Operated Machines
and Devices
Amusement places, other regulations. See: Amuse-
ments
Arcades. See that title
Connecting rooms ............................... 7-76
Disorder or gambling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-75
Hours of operation regulated...................... 7-72
Intoxicating liquor, permitting. . . . . . . . . . . . . . . . . . . . . . 7-75
Similar provisions. See: Alcoholic Beverages
Licenses. See also: Licenses, Certificates, Etc.
Applications ................................... 7-70
Denial, appeal from ............................ 7-70
Expiration ..................................... 7-68
Fees ........................................... 7-68
Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-71
Supp. No. 25
1848
e
e
e
CODE INDEX
BILLIARDS POOL, SHUFFLEBOARD, ETC.-Cont'd.
Miniature pool tables and other amusement devices
Posting _ ____________________________________________m_m__. --------------
Required ___ ._____. _________.________. -----------------------------------
Revoca'ion _______________________________.._.______.____________----..--
Suspension ________________________ .-----------..-----------------------
Transferability __________ ._____________________m_______________________
Minors, age of players m_____________________m__________________
See also: Minors
Profane, indecent language ________ .m__m___________. -------------------
See also: Indecency and Obscenity
Provisions
Copy posted __ .________________m_n______m____________________m________
Riotous, disorderly conduct m_______ mn____ m_________________._____
Violations
Generally n_______m_____________________________m ___________m____ .______ ___m
BINDWEED. See: Weeds and Brush
BLIND PEDESTRIANS. See: Traffic
BOARD OF COMMISSIONERS. See: City Commission
BOARDS, COMMITTEES AND COMMISSIONS
Airport zoning commission. See that title
Arts and crafts
Salina arts commission. See that title
Board of appeals, buildings. See: Buildings
Board of appeals, plumbing. See: Plumbing
Board of examiners, electricians. See: Electrical Code
Board of examiners, plumbers. See: Plumbing
Board of public welfare, amusements. See: Amuse-
ments
Building code advisory commission. See: Buildings
City-county civil defense. See that title
Community relations commission. See that title
Convention and tourism committee
Transient guest tax. See: Taxation
-Cultural arts commission. See that title
Departments, creation, etc. See: Departments of City;
see also: City Commission
Electrical code panel. See: Electrical Code
Emergencies
City-county emergency preparedness board. See that
title
Firemen's relief association. See that title
Gas, various boards. See: Gas
Highway commission. See: Traffic
Housing advisory and appeals board. See: Housing
Supp. No. 24
1849
Section
7-69
7-79
7-68
7-78
7-77
7-68
7-73
7-74
7-79
7-74
7-80
SALINA CODE
BOARDS, COMMITTEES AND COMMISSIONS-Cont'd.
Human relations commission. See: Equal Opportunity
-and Affirmative Action
Industrial development authority. See that title
Joint city-county health department. See: Health and
Sanitation
Library board. See: Libraries
Neighborhood centers board. See: Neighborhood Cen-
ters
Parks, playgrounds and recreation
Salina park advisory board. See: Parks, Play-
grounds and Recreation
Planning
Metropolitan planning commission. See: Planning
Plumbing administrative organization, various author-
ities. See: Plumbing
Salina airport authority. See: Airports and Aircraft
Tourism
Convention and tourism committee
Transient guest tax. See: Taxation
BOATS, DOCKS AND WATERWAYS
Flood control. See that title
BONDS
Bail bonds. See: Police Court
Building construction. See: Buildings
Charter ordinances m_m__mm_uhm.h_.u.n__mnmnm_mn__mm.
Contractors, licensees, etc.
Surety ..n_.__..hm. '_n nm. .mmm..hu__.mm..m_m_h_.m__n.mm._.
Defined u___u.un.mh._hhmhmmmmm..m.mmmmumhhhm.uh___
Duties of treasurer. See: City Treasurer
Investment of temporary idle funds. See: Finances
Official bonds. See: Officers and Employees
Old records, destruction. See: Public Records
Surety
Approval by city attorney nmmmmmmunm.__m_.u..mm.
Generally m.u._.m_uu____.m.h.._..__.m__umu._u._h_____mm.mmh
Principal and surety to sign u_____ummhmmmmm.__m__h
Various types of construction work. See: Streets and
Sidewalks
BOOKKEEPING
Old records, destruction. See: Public Records
BOTTLING WORKS
Food regulations. See that title
Supp. No. 24
1850
Section
App. F
2-7
1-2(2)
2-9
2-7
2-8
e
e
e
CODE INDEX
BOULEVARDS
General definitions applicable to streets and sidewalks
See also: Streets and Sidewalks
BOUNDARIES OF CITY
Annexed territory, classification. See: Zoning
Markers, damaging or removing m...m......___....m..
Section
1-2
BOWLING ALLEYS
Amusements. See that title
Licenses and license fees. See: Licenses, Certificates,
Etc.
BRIDGES
General definitions applicable to streets and sidewalks 1-2
See also: Streets and Sidewalks
Parking on. See: Traffic
BRUSH. See: Weeds and Brush
BUDGET
Expenditures, etc. See: Finance
BUILDINGS
Air conditioners
Installation. See: Water and Sewers
Air pollution. See that title
Antennas. See: TV and Radio Towers and Antenna
Awnings, canopies and marquees
Alleys, projecting over m..m.uunnom.___.h"-...-m.___.___.m
Awning
Defined uu.mh---..n.h.---..___n___n.n...___.___h.___m...h.......nnu
Fabric covered awning construction "___'n...h___m..___..
Regulated, generally ---hnnnn'___h'___.n"'___.mu.___h___n___
Classifications and definitions ---'..---.m'___U'h"h,,-h___.hn.
Existing structures, applicability 0.00'..00"___'___0..0.'0.0000___.
Fire escapes or utilities, interfering with .m___h..___n.___
Marquees
Defined n..h....h.---n....mh..nhn...nn..___...nh..h.__hn.hn.h.n
Regulations for ....h..h--.n..h-___nnh..n___..___h.m...n__m.n
"Other", defined .h.h.-------n--n.---.h__nh.__h..h___.mnhn.h.__h.
Permanent awning
Defined ---.m....---n-----...n..nnn..n.___h..______n..nu..___....___..__
Regulations for 00"00.'.___00.. n.mn...nh.nhn....___..n__....___m.
Permits. See also within this title that subject
Fees 'h___..nn .m...m...'..hn..nm.nmnhh___'.n.___'hn__h__________.
Required ... .'___00.. ....n ..0... ..00.__..... '---hn__nn.m"__.'.__h'h_____.
Revocation .00000.___0..00.0._____. .---n..hm_____hnmh.__h.hm_______.
Projections over alleys ...---..---...---hn__.hm.n'.n__.h.__.m____
Supp. No. 24
1850.1
9-39(1)
9-43
9-42
9-39
9-51
9-49
9-89(2)
9-47
9-39(7)
9-39(3)
9-48
9-40
9-40
9-41
9-50
23-17
9-50
e
e
e
CODE INDEX
BUILDINGS-Cont'd.
Supported canopy
Defined ......................................
Regulations for ................................
Suspended canopy
Defined ......................................
Regulations for ...............................
Venetian awning
Defined ......................................
Regulations for . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .
Violations ......................................
Banners. See within this title: Signs
Barricades, warning devices. See: Streets and Side-
walks
Basement
Construction under public ways. See: Streets and
Sidewalks
Board of appeals ..................................
Air pollution equipment, duties regarding. See: Air-
pollution
Sign regulations. See within this title: Signs
Bond or insurance
Sign business, signs, etc. See within this title:
Signs
Moving of dwellings. See within this title that sub-
ject
Building code advisory board
Code. See within this title that subject
Compensation ..................................
Created ........................................
Duties .........................................
Members, appointment, term .....................
Officers, bylaws ................................
Building department
General matters pertaining to departments. See:
Departments of City
Building official
Appointment ...................................
Air pollution, duties as to. See: Air Pollution
Authority to stop sandblasting work. See within this
title: Sandblasting
Electrical inspector, acting as. See: Electrical Code
Office established ...............................
Powers and duties in general .....................
Qualifications ...................................
Tenure .........................................
Vacancies, filling ...............................
Supp. No. 25
1851
Section
9-39(6)
9-44
9-52
9-1
9-8(5)
9-8(1)
9-8(2)
9-8(3)
9-8(4)
9-21
9-20
9-24
9-23
9-21
9-22
9-39(4)
9-46
9~39(5)
9-45
SALINA CODE
BUILDINGS-Cont'd.
Bulkheads
Construction under public ways. See: Streets and
Sidewalks
Cellars
Construction under public ways. See: Streets and
Sidewalks
Certificate of occupancy. See: Zoning
Certificates
Fees. See also within this title that subject
City
Defined ........................................
Code
Accumulative supplements adopted ...............
Adopted ..................... . . . . . . . . . . . . . . . . . .
Building code advisory board. See within this title
that subject
Dangerous buildings. See within this title that sub-
ject
Definitions for ..................................
Electrical. See: Electrical Code
Elevator Safety Code. See: Elevators and Elevator
Installations
Fire prevention. See that title
Gas. See that title
Housing. See that title
One and two-family dwelling code. See within this
title that subject
Plumbing. See that title
Signs. See within this title that subject
Completion, restoration, extension of existing zoning
restrictions. See: Zoning
Corporation counsel
Defined ........................................
Curb filling station. See: Streets and Sidewalks
Dangerous buildings, abatement of
Code adopted; copies on file ............ . . . . . . . . . .
Dangerous structures
Fire prevention regulations. See: Fire Prevention
Definitions. See also within this title various sub-
jects as defined
Department
Inspectors. See within this title that subject
Driveway construction. See: Streets and Sidewalks
Elevators and elevator installations. See that title
Excavations
. Zoning permit matters. See: Zoning
Supp. No. 25
1852
Section
9-19(1)
9-18
9-18
9-19
9-19(2)
9-460
e
e
e
CODE INDEX
BUILDINGS-Cont'd.
Fees
ElectncaJ permits. See: Electrical Code
License suspended if inspection fee not paid
Payment of, generally ...........................
Permits. See within this title that subject
Plumbing permits. See: Plumbing
Fences, walls, hedges and enclosures. See also that
title
Planted screens, standards .......................
Filling stations at curb. See: Streets and Sidewalks
Fire prevention. See that title
Flood protection works. See: Flood Control
Food establishments, certain requirements. See: Food
Regulations
Gas code. See: Gas
Health and sanitation.
Unhealthful structures. See: Health and Sanita-
tion
Hedges. See: Fences, Walls, Hedges and Enclosures
House moving. See within this title: Moving of Dwell-
ings
Housing code. See: Housing
Inspections
Air pollution inspections. See: Air Pollution
Fees. See also within this title that subject
Notice of violations
Building inspection department to issue .........
Inspectors
Duties assigning. See: Safety Department
Licenses
Electrician. See: Electrical Code
Fees. See also within this title that subject
Mobile home craftsmen license. See: Mobile Home
Contractors and Craftsmen
Sign business. See within this title: Signs
Mechanical code
Adopted ........................................
Mobile home contractors and craftsmen. See that title
Moving of dwellings
Bond required ..................................
Permits. See also within this title that subject
Applications
Contents ...................................
Fees...................................... .
Bond required ................................
Duties required of permittee ...................
Supp. No. 25
1853
Section
9-6
9-5
9-403
9-7
9-440
9-329
9-326
9-325
9-329
9-328
SALINA CODE
BUILDINGS-Cont'd.
Issuance .....................................
Required .....................................
Permittee
Duties required of ............................
Provisions
Compliance with required ......................
Route approval. See: Streets and Sidewalks
Nuisances. See that title
Numbering. See: Streets and Sidewalks
One- and two-family dwelling code
Adopted ........................................
Parking areas, recessed. See: Streets and Sidewalks
Pennants. See within this title: Signs
Permits
Air conditioners, permit to install. See: Water and
Sewers
Awnings, canopies and marquees. See within this
title that subject
Electrical. See: Electrical Code
Fee schedule ...................................
Fees. See also within this title that subject
Fences, walls, hedges and enclosures. See that title
Flood protection works, regulations regarding. See:
Flood Control
Gas. See that title
Moving of dwellings. See within this title that subject
Plat consideration. See: Planning
Plumbing. See that title
Sandblasting. See within this title that subject
Signs. See within this title that subject
Streets and sidewalks, various permits. See: Streets
and Sidewalks
Swimming pools. See that title
Zoning matters. See: Zoning
Planning commission. See: Planning
Plats
Planning commission regulations. See: Planning
Plumbing. See that title
Private swimming pools. See: Swimming Pools
Projecting signs. See within this title: Signs
Radio towers. See TV and Radio Towers and An-
tennae
Recessed parking areas. See: Streets and Sidewalks
Sandblasting operations
Authority to stop work ..........................
Definitions .....................................
Supp. No. 25
1854
Section
9-327
9-324
9.328
9-324
9-450
9-25
9-373
9-367
e
CODE INDEX
BUILDINGS-Cont'd.
Dry sandblasting
Defined ......................................
Precautions ...................................
Permits. See also within this title that subject
Application ...................................
Defined ......................................
Section
9-367(2)
9-372(2)
9-370
9-367 (4)
e
e
Supp. No. 25
1854.1
e
e
e
CODE INDEX
BUILDINGS-Oont'd.
Issuance -------------------------------------------------------.. .-----
Required ______________ _m____________________________________________ .----. --
Precautions required ___________________________________m________m._n__
Wet sandblasting
Defined ---.-------------------------------------------------------------. -------
Precautions __..___m___________ ________m_h_ _______________________ __nO. . --
Screening standards
Standards for planted screens ---------------------------------
Setback lines
Planning consideration. See: Planning
Signs ( construction regulations)
Board of appeals ________________________________m___________m_______
Bond or insurance
Persons advertising their own hUElinesses ._________nn_
Sign businesses ______n_____m____n__________________________. __...n.
COde
Adopted ___ ..________m___________________nm_______________ _mh____ - ._n
Board of appeals _____m_____h_________________________________________
Enforceemnt ------.------------------------------------------------------
License for 'sigJl business _____________h___________________...-----------
Obscene ma tter ------------------------------------------------------.-------
See ,also: Indecency 'and Obscenity
Permits. See also within this title that subject
A pplicati on _ _______-----h-------------------------------------------------
Bond ___ ___ ____ ____________________m_______________________ __m______________
Exceptions ______ n___m_____ ___h_____ _______m_____________________ ------
Fees _. _______________________________________________________________m_______
Licenses __ _________________________________n_______________h___ .h_____________
Required ______m______________________________________________________on
Projecting signs
Defined -------------------------------------------------------------------------
Height, size and loeation _____m_________m____________
Temporary banners, pennants, ete. over streets --.-
Obstructions to streets, generally. See: Streets
'and Sidewalks
Violations ---------------------------------------
Snow and wind
Design calculations __-_____---------------------------------m----
Streets llnd sidewalk!s. See also that title
Signs projecting over; pennli'nts, ete. See within this
title: Signs
Subdivisions. SQlil that title
Swimming poolis. See that tttUl
TV and radio towers and e/n~nnae. See that title
Supp. No. 22
1855
Section
9-371
9-368
9-372
9-367 (3)
9-372(1)
9-403
9-65
9-70
9-69
9-63
9-65
9-64
9-68
9-75
9-66
9-68
9-66
9-67
9-68
9-66
9-71
9-72
9-74
9-76
9-27
SALINA CODE
BUILDINGS-Cont'd.
Unfit dwellings
Designation, condemnation, other regulations. See:
Housing
Unhealthful structures, abatement. See also: Health
and Sanitation
Hou'sing code. See: Housing
Violations. See also within this title various offenses
Notices of violations ____________________________________________________
Walls. See: Fences, Walls, Hedges and Enclosures
Wooden culverts or runwaY's. See: Streets and Side-
walks
Seetion
9-7
BULK PLANTS
Establishing limits of districts in which storage is re-
stricted. See: Fire Prevention
BUS STOPS
Designation and use. See: Traffic
BUSES
Motor bus franchise -----------_________________________________________ App. E, Art. II
Traffic. See that title
BUTANE. See: Liquefied Petroleum Gas
c
OABLE
Underground wires required. See: Poles, Wires, Con-
duits, etc.
CAFES
Food regulations. See that title
CAGES
Places where animals kept. See: Animals and Fowl
OANV ASSERS. See: Peddlers, CanV'assers and Soliei-
tors
CARNIVALS, CIRCUSES AND TENT SHOWS
Amusement permits, other regulations. See: Amuse-
ments
Oarnivals
Defined __________________________
License fees. See within this title: Licenses, Etc.
Circuses
Defined
7-18(1)
7-18(2)
Supp. No. 22
1856
e
CODE INDEX
CARNIVALS, CIRCUSES AND TENT SHOWS-Cont'd.
License fees. See within this title: Licenses, Etc.
Definitions ______________________________________________________------
Gambling ______________________________________________________---------------
Lewd, indecent and obscene perlormances ________m____
Licenses. See also: Licenses, Certificates, Permits,
Etc.
Applications m____m__m___________mm____________________mm____m__m__
Fees _______________________________________________________------------------------
Cumulative ___________________________m______________________
Required _______________________________________________________----------
Transferability ______________________________________________________----
Permits. See also: Amusements
Required; compliance ______________________m______________m___m__
Tent shows
Defined ___________________________________mm_________________-_______
License fees. See within this title: Licenses, Etc.
CASH BASIS ACT
Duties of treasurer. See: City Treasurer
e
CATS
Amimal regulations. See: Animals and Fowl
e
Supp. No. 14
1856.1
Section
7-18
7-24
7-25
7-21
7-22
7-23
7-20
7-23
7-19
7-18(3)
e
CODE INDEX
CATTLE
Anima]s regulated. See: Anima]s and Fowl
CAUSEWAYS
General definitions applicable to streets and sidewalks
See a]so: Streets and Sidewalks
CEMETERIES
Em p ]oyees -h--_m_________mmn __ n_mh_________n__m __ ------m______m_m n
Management ----__h_____h_________n______ __ n--------_____h___m_____________m_
CEREAL MALT BEVERAGES. See: A]coholic Bever-
ages
CERTIFICATES. See: Licenses, Certificates, Permits,
Etc.
CHARTER ORDINANCES
Listed and set out -------hh_nh___mhh______
. -----------------------------~
e
CHICKENS
Dyed or colored baby chicks. See: Anima]s and Fow]
CHILDREN. See: Minors
CINDERS
Escape of. See: Air Pollution
CIRCULARS
Distributing, posting, scattering. See: Advertising
CIRCUSES. See: Carnivals, Circuses and Tent Shows
CITY
Defined ----h----------n----------________n______h_____________h_____mm__h______
Officers and employees. See that title
Public records. See that title
Seal of, description -h----m---h-__________________h_____________________h_
CITY ATTORNEY
Assistant city attorneys
Compensation and duties, assigning and setting ____
Duties in genera] -----h-----mh-h-h_h_h_h_h__h____hhm_______m
Qualifications -------m--m------------------h________hh__mm____h_____h
Duties in genera] --h---m---h---hh__.__mh_mh_h_____________h________
Law department. See that title
Qualifications -----------------------------------------______h____
Surety, approval. See: Bonds
e
CITY CLERK
Accoun ts, keeping --h-----h-h-h--------h_h_____h_____________h__h___h_h
AppOintments, recording -h----h----h--hh_________h_____h__h___h
Bond record, keeping h----h-h---_h_h_______h_______________m_h_______
SuPp. No. 23
1857
Section
10-2
10-1
App. F
1-2(3)
2-1
2-108
2-107
2-106
2-105
2-104
2-148
2-152
2-154
1-2
SALINA CODE
CITY CLERK-Cont'd.
Custodian of records, as __________________n____mmn__mnn___________
Delegation of duties, authority ____mm____m____n_nm_______m
Fees, collection and paying to treasury __n_n_nm_n____m_
General duties relative to finances and finance de-
partment. See: Finances
Investment of temporary idle funds. See: Finances
Official bonds of city officials. See: Officers and
Employees
Ordinance books and records
Keeping; attesting ____n________nn_______n_____n______n___n_n___nh_
Ordinances, indexing ___on _mm _nom n m_mmn _mm_n____n______
Code of ordinances. See also that title
Other miscellaneous duties nm__h___m_______nn_____n___n_nnn_n
Papers filed with, marking n_nmnm_n_m_nn____nm_m_______n
Records of orders and drafts
Keeping ____________ _m_m___ ____n___n____n___________ __n_nn_____n_______n_
Repealed ordinances, marking __n____n_n_m____m_____________nm
Similar authority and duties of treasurer. See: City
Treasurer
Special assessments and taxes
Duty to record and certify _______n_____nnnn____mn_n_
Special meetings, keeping of records nm_mn_m____m__n__
Voter registration, duties _n_n_n_m_nm_nn__n____nm________n_
CITY COMMISSION
Boards, committees and commissions. See that title
Chairman, vice-chairman, etc. _n___m_mn_n_n_m___n_mn_m__n
Cited; how referred to _n____n____n___m_n_______n_________nn----------
Compensation of city employees, providing for _mn_m
Composition and membership ________________________n__________n______
Defined ______________n___n_n_____n____________n_n______________________n___n__
Departments, creation. See: Departments of City
General powers ____ n______ _____n_n______ ____ __nn_m_ ___n__n____n____
Manager. See: City Manager
Mayor
Title of __ _m_n______n_______n______n__________________n__n__nm______-------
Meetings
Frequency ___ __n_______nm_n_n_____n_n_____n__________________n_m n______
Open to public n_n______n____n__________n________mn__n____n_n______
Order of business _n________________n_____n______n_m_n_______hn_____
Records of special meetings, keeping. See: City
Clerk
Special meetings, calling m______mm_n________m___n________n__n
Time of _ _n__ ____n____ ______n__________________m_______n__n_______mn____
Officers of ________ _n_______n________n_n___n_____n_n____n_m_________n_ -- ----
Offices of city, providing for ________n____n_____________________nnn
Supp. No. 23
1858
Section
2-153
2-157
2-145
2-149
2-146
2-156
2-147
2-150
2-146
2-155
2-151
2-144
2-22
2-20
2-28
2-20
1-2(1)
2-26
2-22
2-23
2-24
2-25
2-23
2-23
2-22
2-28
e
e
e
CODE INDEX
CITY COMMISSION-CoJlt'd.
Ordinances. See also: Code of Ordinances
Passage of ----------h------------______m___h___________h
Organization --------_______h__m_____________________________
Titles, duties
Distinction in --------------h-___________________m___
CITY-COUNTY EMERGENCY PREPAREDNESS
BOARD (Appendix C)
Budget and expenditures ___________________________
Coordinator of Salina-Saline CoUIllty emergency
preparedness department
Authority and duties of --___h_____h________________h_
Position created ------n__h____h_________u_____________
Succession ---------------------h---_________m_h______h___
Definitions ----------------------------_____________h_______
Duties and powers --------_____h________________h_____________
Necessity declared --------h--_-____________________h___
Organization of emergency preparedness _________________
Organization of board --------------m_______________m_____
Powers and duties -------------------------------_____m__m__h
Purposes --------------h--------------------_m__m_____hh______
Termination of board m____h_____h__h______m_______________
CITY ENGINEER
Flood protection works, provisions as to. See: Flood
Control
Service department. See that title
CITY MANAGER
AIWoint~e~t-----------------------------------m----
SupervIsIon ------________h_________________
Boards, committees and commissions. See that title
Bonds
Fixing _h___________________________________________________________________
Other matters pertaining to bonds. See: Officers
and Employees
Business of city, duty to administer __h______________
City commission. See that title
Civil service commission appointment, powers as to__
Compensation
Fixing -------_h____________h___________m________________________h__
Other matters pertaining to compensation of city
officials. See: Officers and Employees
Department of city. See that title
Departments, officers, boards, etc.
Authority and duties relative to ________h______________
SuPp. No. 20
1859
Section
2-75
2-29
2-76
2-78
2-77(4)
2-76
2-77
2-27
2-22
2-21
8
5
5
6
2
4
10
7
3
4
1
9
SALINA CODE
CITY MANAGER-Cont'd.
Duties in general _________________________h__________________________
Finances, duties relative to _____________________m_____________
Official bonds of city officers. See: Officers and Em-
ployees
Qualifications ____________________________________m___________________
Term of office -------------------------------------------------------------
Warrants and checks
Duty to countersign ____________________________________m____
CITY PERSONNEL. See: Officers and Employees
CITY PLANNING COMMISSION. See: Planning
CITY TREASURER
Bonds. See also that title
Cash basis act, duties under ---------------------------------------
Duties in general _______________________________________________h_____
Effects of office, delivery to successor __________m______
Expenditures to be as budgeted ____________________h_____________
Finance department. See: Finances
Official bonds of city officers. See: Officers and Em-
ployees
Quarterly financial report ---------------------------------------
Receipts and disbursements, procedure for______________
Similar authority and duties of clerk. See: City Clerk
Warrants, bonds, etc.
Treasurer to deliver to clerk --------------------------------
CITY UTILITIES. See: Utilities
CIVIL DEFENSE
Flood control. See that title
CIVIL DISOBEDIENCE
Curfew, imposing -----------------------------------
See also: Minors'
Disorderly conduct. See that title
Emergencies
Authority of mayor in -------------------------------------------------
Failure to comply with proclamation and provisions
imposed ------------------------------------------------------
Proclamation, effective time of -----------------------------
Termination of --------------------------------------------------------
Riots. See that title
CIVIL SERVICE
Managers powers relative to. See: City Manager
Supp. No. 20
1860
Section
2-77
2-77
2-75
2-75
2-79
2-161
2-158
2-165
2-169.
2-163
2-158
2-164
10%-1
10%-1
10%-4
10% -2
10Ih-3
e
CODE INDEX
CLAIMS
Destruction of certain public records. See: Public
Records
Finances. See that title
e
e
Supp. No. 20
1860.1
e
e
.
CODE INDEX
CLAIRVOYANTS
Licenses and license fees. See: Licenses, Certificates,
Etc.
CLASSIFIED SERVICE. See: Officers and Employees
CLOUD COUNTY KANSAS
North Central Regional Planning Commission. See:
Planning
CLUBS
Alcoholic beverage licenses. See: Alcoholic Beverages
COAL
Air pollution regulations. See: Air Pollution
COASTERS
Use on roadway. See: Traffic
CODE OF ORDINANCES*
Altering or tampering with _____mmm____m_ ___nnn___mn
Amendments to code
Attesting ordinances. See: City Clerk
Catchlines of sections
Effect __m_____m_____m_ _____m_n_m_m
Numbering system explained. See preface to this
volume
Charter ordinances -----
Definitions and rules of construction
General definitions for code usage _m______m______m___m_m
Specific definitions of terms in various contexts.
See specific subjects as indexed
Designated and cited, how ___mm_______mn______
History note citations explained ____m_____m_m___mnn
Indexing, duties of clerk. See: City Clerk
New ordinances, effect _ _m_nn___n m______m____m___ mnm____m_
Ordinance books and records
Keeping. See: City Clerk
Parenthetical and reference matter _mn_______m_______m__m_
Passage of. See: City Commission
Repealed
Duties of clerk. See: City Clerk
Effect
Section
1-7
1-5
1-4
App.F
1-2
1-1
1-3
1-5
1-3
1-6
*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
adopting ordinance and preface which are to be found in the preliminary
pages of this volume.
Supp.No.17
1861
SALINA CODE
CODE OF ORDINANCES-Cont'd.
Severability clause ---m-_________m__mm_m___m__m_____. m_______
Violations
Co ntin uing _ ---m-____n_m__m_n________mm__ __m________m__m_n_
General penalty ------m-________m___m________________m______________
Specific penalties. See specific offenses as indexed
CODES, TECHNICAL. See: Technical Codes
COIN-OPERATED MACHINES AND DEVICES
Amusement permits, other regulations. See: Amuse-
ments
Arcades. See that title
Billiards, pool and shuffleboard. See that title
Jukeboxes. See within this title: Music Machines
Music machines
Licenses. See also: Licenses, Certificates, Etc.
Con tent ___m________________________ ------------_-____m____m___________
Expiration ------m--n___________m___________________________n________
Fee - ---------_____m____m____m__._m_____________________________.._____m__
Required ---m---u---_______u___u_______m__m____m________m____
Transferability ___ _ _m_ _m_m______n
Obscene, indecent words or music played ______u______
Punchboards, slot machines, etc. See: Gambling
COLLEGES
Mobile home courts, proximity. See: Trailers and
Trailer Parks
Schools. See that title
COLOR, NATIONAL ORIGIN OR ANCESTORY
Human relations, unlawful practices regarding. See:
Human Relations
COMBUSTIBLES
Establishing limits of districts in which storage is
restricted. See: Fire Prevention
COMMISSION. See: City Commission
COMMITTEES. See: Boards, Committees and Commis-
sions
COMPREHENSIVE PLAN. See: Planning
COMPUTATION OF TIME
Code purposes, for m ------------_m_____m________m__m_____
CONCUBINAGE. See: Indecency and Obscenity
CONDUITS. See: Poles, Wires, Conduits, Etc.
CONTRACTORS
Bonds. See that title
Electrical contractors licenses, etc. See: Electrical
Code
Supp. No. 17
1862
Section
1-9
1-8
1-8
7-129
7-128
7-127
7-126
7-129
7-130
1-2(4)
e
CODE INDEX
CONTRACTS AND AGREEMENTS
Bonds of contractors, licensees, etc. See: Bond.
Equal opportunity and affirmative action. See that title
Purchasing. See that title
Streets and sidewalks
Various construction requirements, city co~tracts,
etc. See: Streets and Sidewalks
CONVENTIONS
Convention and tourism committee
Transient guest tax. See: Taxation
CORPORATIONS
General definitions applicable to
COUNTY
Defined
u___n_______...__u..___.-...______________..____Hu___.
e
COUPONS
Old records, destruction. See: Public Records
Trading stamps. See that title
COURT, POLICE. See: Police Court
CRIMES. See: Offenses
CROSSW ALKS. See: Traffic
CULTURAL DEVELOPMENT
Salina arts commission. See that title
CURFEW
Civil disobedience provisions. See: Civil Disobedience
Minors. See that title
D
DAIRIES. See: Milk and Milk Products
e
DANCING AND DANCE HALLS
Alcoholic beverage premises regulated. See: Alcoholic
Beverages
Amusements, regulations, other. See: Amusements
Board of public welfare
Authority -------------------------------------
Dances supervised by ----------------------
Generally. See: Amusements
Certain dances declared public
Certificate or permit
Fee ____________________________---
Giving dance without permit ---------------------------------
Issuance -------------------------------------------------
Supp. No. 24
1863
Section
1-2
1-2(6)
7-46
7-39
7-38
7-41
7-46
7-41
SALINA CODE
DANCING AND DANCE HALLS-Cont'd.
Licenses. See within this title that subject
Required, when ________________________________________
Revocation _________________________________________________________
Term, duration of ________________________________
Disorderly conduct ________________________________________
Illegal activities _______________________________________
Licenses and license fees. See also: Licenses, Certifi-
cates, Etc.
Applications for ______________________________________
Certificate or permit. See within this title that sub-
ject
Expiration ______________________________________
Fee ______________________________________
Issuance
Denial of ________________________________
Restricted ______n__________ _____________________
Permit prerequisite to _____________
Required __________________________________________________
Restricted, when ___________
Revocation ________________________________
Transferability ___________________
Permit. See hereinabove: Certificate or Permit
Persons in charge of premises
Illegal dances, permitting _______________________
Notice required of _______________
Police authority ________________ ________
Public dances
Defined ________________________________________________________
Showing of certificate required, when _______
Residences
Proximity to ___________________
Sunday dances _________
Supervision ______________________
Supervisor
Appointment, designation, authority _____
DECENCY
Offenses against. See: Indecency and Obseenity
Supp. No. 24
1864
Section
7-37
7-43
7-43
7-47
7-47
7-50
7-56
7-50
7-52
7-55
7-51
7-48
7-55
7-53
7-54
7-42
7-42
7-44
7-36
7-37
7-49
7-57
7-39
7-44
e
e
e
CODE INDEX
DEFINITIONS AND RULES OF CONSTRUCTION
General definitions for code
Misdemeanors, in reference to. See: Offenses
Terms defined in various contexts. See specific sub-
jects as indexed
DELEGATION OF AUTHORITY. See: Officers and
Employees
DENSE SMOKE. See: Air Pollution
DEPARTMENTS OF CITY
Additional departmental employees, authorization
Additional departments, creating ------------------
Airport authority. See: Airports and Aircraft
Boards, committees and commissions. See that title
City-county health department. See: Health and Sani-
tation
City manager, authority and duties. See: City Man-
ager
City officers and employees generally. See: Officers
and Employees
Commission members interfering with -----
Created, listed _________________________________m______ -------------
Crea ti 0 n of __________________________m_________________________________
Department of finances. See: Finances
Directors
Appointment --------------------------------------------------
Duties in general; assignment of duties, etc. ------
Electrical boards, authorities. See: Electrical Code
Fire department. See that title
Health department. See: Health and Sanitation
Human relations department. See: Equal Opportunity
and Affirmative Action
Law department. See that title
Meetings, keeping of records. See: City Clerk
Mobile home craftsmen board of examiners. See:
Mobile Home Craftsmen
Park department. See: Service Department
Personnel
Appointment, supervision, general duties
Composition specified ------- --------------- -
Planning commission. See: Planning
Plumbing administrative organization, various author-
ities. See: Plumbing
Public health. See: Health and Sanitation
Refuse department. See: Service Department
Safety department. See that title
Supp. No. 21
1865
Section
1-2
2-97
2-96
2-31
2-91
2-30
2-93
2-95
2-92
2-94
SALINA CODE
DEPARTMENTS OF CITY-Cont'd.
Service department. See that title
Street department. See: Service Department
Supervision, generally ------------------------h--_______________________h_
Waterworks. See: Water and Sewers
DETECTIVES
Merchant or private policemen. See: Police Depart-
ment
DIRTY LITERATURE. See: Indecency and Obscenity
DISASTER RELIEF
Flood control. See that title
DISCRIMINATION
Equal opportunity and affirmative action. See that
title
DISEASED TREES. See: Trees and Shrubbery
DISMANTLED VEHICLES
Inoperable vehicles. See that title
DISORDERLY CONDUCT
Civil disobedience. See that title
Drunkenness. See: Alcoholic Beverages
Elections, disturbing. See: Elections
Engaging in --------------------------______h____m_____m_______________________m_
Fires, at. See: Fire Department
Illegal activities at dances. See: Dancing and Dance
Halls
Municipal swimming pools. See that title
Poolrooms and similar places. See: Billiards, Pool and
Shuffleboard
Riots, inciting --h-----________h__________________________m____ --____h___h_
DISTURBING THE PEACE
Generally mh---m------_______________________h_________h__n_______________
DOCUMENTS. See: Public Records
DOGS. See: Animals and Fowl
DRAINAGE
Mobile homes and mobile home parks. See that title
Plumbing code. See: Plumbing
Water and sewers. See that title
DRILLING
Oil and gas. See: Oil and Gas Drilling
Supp. No. 21
1866
Section
2-92
23-107
23-112
23-109
e
CODE INDEX
DRUGS
Driving under influence. See: Traffic
DRUNKENNESS
Alcoholic beverage licenses, revocation. See: Alcoholic
Beverages
DRY CLEANING PLANTS
Fire prevention regulations. See: Fire Prevention
e
e
Supp. No. 17
1866.1
e
e
e
CODE INDEX
DUCKLINGS
Dyed or colored for sale. See: Animals and Fowl
E
ELECTIONS
Ballots
Old records, destruction. See: Public Records
Disturbing, interfering with ........................
Old records, destruction. See: Public Records
Poll books; registration lists, etc.
Old records, destruction. See: Public Records
Precincts and/or ward(s)
Annexed territory, precinct for ..................
City divided into precincts ......................
City to consist of one ward ......................
School districts of the city
Out-of-city territory, in; voting in city pre-
cincts ....................................
Voter registration
Duties of clerk. See: City Clerk
ELECTRIC LIGHT POLES. See: Poles, Wires, Conduits,
Etc.
ELECTRICAL CODE (Electricity)
Apprentice electrician
Classification. See within this title: Electrical Me-
chanics
Board of examiners. See within this title: Electrical
Mechanics
Certificates
Electrical mechanics. See within this title that sub-
ject
Codes adopted ....................................
Condemnation
Defective or dangerous conditions ................
Unsafe items and materials .....................
Conquit ..........................................
Contractors
Bond required ...................................
Electrical mechanics. See within this title that sub-
ject
Insurance
Required .....................................
Licenses. See also within this title that subject
Display of .............. . . . . . . . . . . . . . . . . . . . . . .
Fees........................................ .
Supp. No. 25
1867
Section
23-108
11-4
11-2
11-1
11-3
9-179,9-180
9-121
9-120
9-185
9-135
9-134
9-133
9-132
SALINA CODE
ELECTRICAL CODE (Electricity)-Cont'd.
Persons exempt ....... . . . . . . . . . . . . . . . . . . . . . . . .
Required .....................................
Revocation and/or suspension. ., . . . . . . . . . . . . . . . .
Scope ......................:.................
Transferability ...............................
Requirement, doing work without meeting ........
Current
Certificate of approval required before setting
meter ......................................
Turning off in case of fire ...................,..
Damages
Liabilities construed ........................,...
Defective or dangerous conditions
Inspection, condemnation, correction of ...........
Electric fences. See: Fences, Walls, Hedges and En-
closures
Electrical mechanics
Apprentice electrician
Classification .................................
Board of examiners
Created; membership. . . . . . . . . . . . . . . . . . . . . . . . .
Examination. See within this subtitle that sub-
ject
Meetings .....................................
Classes established ..............................
Electricians, nonresident
Licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Examinations
Applications
Evidence to accompany .....................
Board to conduct ...... . . . . . . . . . . . . . . . . . . . . . . . .
See also within this subtitle: Board of Ex-
aminers
Reexamination after failure ....................
Journeyman electricians
Classification .............. . . . . . . . . . . . . . . . . . . .
Licenses. See also within this title that subject
Expiration and/or renewal .......................
Fee schedule ............ . . . . . . . . . . . . . . . . . . . . . .
Issuance .....................................
Nonresident electricians .......................
Revocation, suspension . . . . . . . . . . . . . . . . . . . . . . . . .
Master electrician
Classification .................................
Required, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nonresident electricians
Licensing ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supp. No. 25
1868
Section
. 9"139
9-130
9-138
9-131
9-137 .
9-136
9-172
9-119
. 9~123
9-121
9-145(3)
9-146.1
9-147
9-145
9-145(4)
9-148
9-149
9-150
9-145(2)
9-153
9-152
9-151
7-145( 4)
9-154
9-145(1)
9-146
9-145(4)
e
e
e
CODE INDEX
ELECTRICAL CODE (Electricity)-Cont'd.
Elevators and elevator installations. See that title
Examining board. See within this title: Electrical
Mechanics
Fences, electric. See: Fences, Walls, Hedges and
Enclosures
Fires
Removal of wires, turning off current during h___h_
Franchises ____000000 h_____h_h____h_m_ h-h______hh__h______h_h_____________h
Inspections
Alterations and changes h-h-hhh_h_hh_______h________hh_hhhh
Approval of work -h--------hh-hh_h_hhh______Uhh_____mnhh___
Authority -_ h__ _h_ --______h __h_____h__ ----hh--h____h__mh_h______mn_
Certificate of approval -------h--h------hh_h_hh__hh__hh__hh__
Concealing wiring before ------m_m___h_____n________m______
Permits. See within this title that subject
Right of entry to make -h--h-h-_____h_hhh___h______nh_m__
Time for --hhh-------h----------h___h___h___________h__hh_h___mh___nu
Inspector
Bond h_ --------h------hh__h_h_n__h_hh__ --___n_m____h__ _hmn____u_m__
Building offiCIal acting as ---hh--hhm____hhh__hhh__hh
Duties in general -----h-h--h-_hh____m___________m_____h__h__h___
Enforcement authority h--h--------___________h_h_____h_U____________
Inspections. See- hereinabove that subject
Oath h________ m___ _ _ hh__ --hh--h---h----_hh____h___h___________n_____m_m_
Qualifications _h_ n-h-----mh_mm__h______m__h__hh__h _h__hn_
Questions deciding hm_hm ___h_h__m_m______
Right of entry_h_n__m_m_m____m_ _ ___ -----h__m_mh_h
.Journeymen electrician
Classification. See within this title: Electrical Me-
chanics
Liabilities construed --h--mh_m_m_h______h_______n______
Licenses. See also: Licenses, Certificates, Etc.
Contractors. See within this title that subject
Electrical mechanics. See within this title that sub-
ject
Supp. No. 24
1868.1
Section
9-119
App.E
9-171
9-167
9-166
9-172
9-170
9-169
9-168
9-109
9-110
9-111
9-112
9-109
9-108
9-113
9-169
9-128
e
e
e
CODE INDEX
ELECTRICAL CODE (Electricity)-Cont'd
Existing licenses, continuation
Permits. See within this title that subject
Master electricians
Contractors. See within this title that subject
Electrical mechanics. See within this title that sub-
ject
Licenses. See within this title that subject
Mechanics. See within this title: Electrical Mechanics
Meters
By-passing to obtain current fraudulently. See:
Utilities
Prerequisites to setting uu_u__
Mobile homes and mobile home parks. See that title
National Electrical Code
Adopted ___ _ _u_
Panel
Amendments _m_..u_uum_uu ____mmuu uum_.
Appeals to, procedure m._..___ _u_umm__m__.
Composition and membership m _ __m_mum
Created ..num_m__m._u___ __u_ummmmuu__._..u _u _m_mm_.
Duties in general m __.mmmm __._.mm_uu ___mmm_umm_
Grievances m_.mummm_mn_ m.m_mmm._m.m_uummmum__
Hardship cases mmuuu__._ _mmuu_._.__ __m_mnnnmm
Quorum . __._mmm.num_um__ _m._mumm.m __.mummuum_....
Permits
Exceptions m_n._.mmmmnmnnu_m.m_mm_ _.m___muu__u_
Failure to pay fee uunm_mu_n_u_mmmmmmnmu._mn.m
Fee schedule _mmunmuumu_umu___.___um_n__m_nnuuuuuuu
Fees
Building requisites to payment of fees. See:
Buildings
Inspections. See within this title that subject
Issuance
Conditions to __.___.mUmnn_mmmmu._nunu_...___num_mnu
Licenses. See within this title that subject
Payment of fee ..mmmm.m._m__.muumm.nun..m.m_nm.u
Records --.__uunm_n._nm____um__uu.m_mnm_._._uu__mmuUhm.
Required__._munmm_mm
Poles, wires, conduits, etc. See that title
Radio interference. See: Radios
Safety code
Adopted .u_mu___ _____unu__m_m_muu_u.mn ___m_m_mu_uu
National electrical code. See also within this titl~
that subject
Supp. No. 22
1869
Section
9-122
9-172
9-179
9-117(3)
9-118
9-115
9-114
9-117
9-117(1)
9-117(2)
9-116
9-161
9-164
9-163
9-165
9-164
9-162
9-160
9-180
SALINA CODE
ELECTRICAL CODE (Electricity)-Cont'd.
Service entrances
Standards for ___.m._'.u
Swimming pool requirements. See: Swimming Pools
Unsafe items and materials
Condemnation
Utility provisions. See: Utilities
Violations
Generally
Wires
Removal in case of fire ....
ELEVATORS AND ELEVATOR INSTALLATIONS
Bonds
Contractor's licenses, insurance, bond
Building codes in general. See: Buildings
Code. See hereinbelow: Elevator Safety Code
Contractors
Licenses. See within this title that subject
Definitions
Electrical wiring requirements
Division of ....mm....m" ._m.........m...m.._
Electrical code. See: Electricity
Elevator Safety Code ...._m..
Inspections _....mm_
Insurance
Contractor's licenses, insurance, bond
Licenses
Contractor's licenses, insurance, bond
Other cities of equal population, issued by . . . .-
Revocation
Permits
Fees mm........m... -...............
Required .......m. ..m.......... ____m......m.m....m...___...........
Provisions
Enforcement of --- -----..----
Release of responsibility
Safety code. Set' hereinabove: Elevator Safety Code
Violations, penalty ___
Supp. No. 22
1870
Section
9-181
9-120
9-124
9-119
9-387
9-384
9-390
9-389
9-391
9-387
9-387
9-392
9-393
9-388
9-388
9-385
9-394
9-386
e
CODE INDEX
ELLSWORTH COUNTY
North Central Regional Planning Commission. See:
Planning
Section
EMBEZZLEMENT
Committing ______mm__m____________________________
23-17
EiMERGENCIES
City-county emergency preparedness board. See that
title
Civil disobedience provisions. See: Civil Disobedience
EMERGENCY LEAVE
Officers and employees. See that title
EMPLOYEES. See: Officers and Employees
EMPLOYMENT
Unlawful employment practices. See: Equal Oppor-
tunity and Affirmative Action
ENCLOSURES. See: Fences, Walls, Hedges and En-
closures
e
ENEMY ATTACK
City-county civil defense. See that title
ENGINEER. See: Service Department
ENTERTAINMENT. See: Amusements
ENVIRONMENTAL STANDARDS
Mobile homes and mobile home parks. See that title
EPIDEMICS
City-county civil defense. See that title
Health and sanitation. See that title
Rabies emergencies. See: Animals and Fowl
e
EQUAL OPPORTUNITY AND AFFIRMATIVE AC-
TION
(Discrimination by reasons of race, sex, religion, age,
color, national origin, ancestry, physical handicap
or marital status)
Administration of provisions
Advertising ---_________mm__________m_____________ ___________m__
Affirmative management ____---m ------________________m_m_
City manager
Administration of provisions ---__m_____________________m
1m plementa tion procedures --_______m__m_______________________m
Supp. No. 21
llA-90
llA-93
llA-94
llA-90
llA-97
1871
SALINA CODE
EQUAL OPPORTUNITY AND AFFIRMATIVE AC-
TION-Cont'd.
Reports __u____u____________m____m_____u___ _____u_m__u____u_________u_uu
Training for upward mobility mm____m__________u___mum
Complaints
False, misleading or incomplete complaint, state-
ment, response or report
Submission of _n_______m__________mm____uu___
Filing of ____ ___ _ __mm__________________________n___________m_____m_mum
Time for ________m_um__________________u__u____mm_____
Procedures for processing __________u_u
Time for filing ____mum______m_m____m___
Contracts. See within this title: Public Contracts
Construction of provisions __ _____m_____
Declaration of policy m_m__n
Definitions __m__ ___n_mm____mm_m_ __uu_m_____u_um_____mu
Director of human relations. See within this title: Hu-
man Relations Department
Employment
Unlawful employment practices. See within this
title that subject
Evaluation committee
Advising department heads ___m______n_m____
Established; composition; chairman ________mum
Meetings; modifications of program ________m_______
Housing
Unlawful housing practices. See within this title
that subject
Human relations commission
Composition u__mmm_______mmnuu __ _m____m______ ______mum__
Crea ted mmu____m__________m________m_____m___m_______m_m____
Members
Appointment, term, compensation __u_n_____m__
Powers and duties _m_____ _______mm__mmn _u___m__mmn
Quorum constituted _________m________umun__
Human relations department
Administering and enforcing provisions
Created _____________mm__m___u_______m__mum_ ___u_m____n
Director of human relations
Duties, responsibilities and authority of -
Position created; appointment; s'alary _m__
Implementation procedures _mm_uu_u ____m_____m_n
Miscellaneous provisions _mm_____mmn _uu_mm
Provisions
Administration of ___m_mm___mum____ __m_m__________m___
Cons truction of _____m_m___________m_mu_u_________________u__m__m
Invalidity in part _m__mu_muumnu nUU________________m__n
Supp. No. 21
1872
Section
llA-98
llA-96
llA-71
llA-70
llA-73
llA-72
llA-73
llA-80
llA-1
llA-2,llA-91
llA-95(2)
llA-95(1)
llA-95(3)
llA-10
llA-lO
llA-10
llA-ll
llA-10
llA-20
llA-20
llA-22
llA-21
llA-97
llA-80 et seq.
llA-90
llA-80
llA-81
e
-
e
CODE INDEX
EQUAL OPPORTUNITY AND AFFIRMATIVE AC-
TION-Cont'd.
Public accommodation
Unlawful public accommodation practices. See with-
in this title that subject
Public contracts
Affirmative action ----m________h______h______________________ ____h___
Affirmative action plans hh_______h_________h_ ____h_ h__________
Contract provisions m------h-h-_h________h_h__h__________mm __ __
Exemptions --h------h-h-----______________h________h____hh______________ _h_
Generally ----------------------------m-------________________h_______h___hh__
Recruiting and advertising -----------h--____________mhh______________
Reports __hh___ --------h------____________________m_________ -________h_ __ _____ ______
Selection standards ----h---h___h_____hh_hhh ___ _hh__ ___ h_ h___ h____
Training for upward mobility__________________________m
Unlawful employment practices
Exceptions --h---h----------m--_m______________m_________h_h_____h___ ____
Hiring practices; labor organizations; employment
agencies; etc. --hm--h--____h___h____h____h_h_hh_ _______________
Unlawful housing practices
Action by person, owner, real estate broker, etc.,
prior to satisfactory adjustment, etc. _h__h_h__ ___
Financial assistance m------------m----hh____m___mh_hh___u
Inducement, stimulation or threat in order to in-
fl uence sales -m________m___h --------h___________________h___ u ____
Owners, real estate brokers, real estate salesmen,
etc.
Refusing to sell, rent, lease, etc. -_______h________
Unlawful public accommodation practices
Refusing, denying goods, services', facilities and
accommodations --hm______h_h__________h_________________ _ _ _____
EmNIC GROUPS
Equal opportunity and affirmative action. See that
title
EXCA VA TIONS AND FILLS
Building permits in general. See: Buildings
Certificate of occupancy requirements. See: Zoning
Fencing of oil and gas drilling excavations. See: Oil
and Gas Drilling
Flood protection works. See: Flood Control
Moving of dwellings, permits. See: Buildings
Permits for. See: Streets and Sidewalks
Plumbing code amendments. See: Plumbing
EXPECTORATING. See: Spitting
Supp. No. 26
1872.01
Section
llA-62
llA-63
llA-61
llA-64
llA-60
l1A-93
llA-98
llA-92
llA-96
llA-31
llA-30
llA-50(4)
l1A-50(2)
l1A-50(3)
l1A-50(1)
llA-40
FENCES, WALLS, HEDGES AND ENCLOSURES
Animals, keeping. See: Animals and Fowl
Barbed wire fences _____________________________m____________ 9-352(4),9-353
Barricades for dangerous structures. See: Fire Pre-
vention
Commercial and industrial fences _________m__m__________________
Corner lots, fences on
Dwelling plots, requirements when enclosing ________m_
Electric fences _______________________________________________ _________m
Fences classified __________________________________m_______________
Front yard fences and hedges _________m_____________________m______
Hedges along streets, alleys, etc. _m__________m__________________
Junkyards, storage regulations. See: Junk and Junk
Dealers
Maintenance ______________________m_________________________________-----
Obscene writing on walls, etc. See: Indecency and
Obscenity
SALINA CODE
EXPLOSIVES
Defined for traffic purposes. See: Traffic
Establishing limits of districts in which storage is
restricted. See: Fire Prevention
Fire prevention. See also that title
Transportation of nitroglycerin _m____________________________________
Vehicles transporting, requirements. See: Traffic
F
FALSE FIRE ALARMS
Fire regulations. See: Fire Department
Turning in ----------------------------------------------------------------------
FALSE PRETENSES
Obtaining property or other valuables by
FARMERS
Fruit and vegetable produce. See that title
FELONS
Alcoholic beverage restrictions regarding employment.
See: Alcoholic Beverages
Supp. No. 26
1872.02
Section
23-159
23-111
23-20
9-354
9-352.1
9-352
9-348
9-351
9-352(1)
9-350
9-355
e
e
e
CODE INDEX
EQUAL OPPORTUNITY AND AFFIRMATIVE AC-
TION-Cont'd.
Public accommodation
Unlawful public accommodation practices. See with-
in this title that subject
Public contracts
Affirmative action __m_______m________m_________________________
Affirmative action plans ___m_____m_______m ___0. _m__ _______
Contract provisions _____0.___________ -___________________m__ _____ ____
Exem ptions _____m_m______m_________________________________m_______________
Generally ---------______u___m________________________________m________________ __
Recruiting and advertising ________uu________u__________________________
Reports _________ ------u____u____________u___________________________m__ __ _________ _____
Selection standards ____________h_m____________m________ m_____m _____
Training for upward mobility________________ ________ _ ____
Unlawful employment practices
Exceptions ----.----___________________m_ __00_________________________________ ____
Hiring practices; labor organizations; employment
agencies; etc. ------------_________________m___m_____ _______________
Unlawful housing practices
Action by person, owner, real estate broker, etc.,
prior to satisfactory adjustment, etc. _______m______
Financial assistance _______________________0.________________ _______ ___ _
Inducement, stimulation or threat in order to in-
fluence sales -------------------_______________m______m___u____ _ ___
Owners, real estate brokers, real estate salesmen,
etc.
Refusing to sell, rent, lease, etc. mu_______mm__m___
Unlawful public accommodation practices
Refusing, denying goods, services, facilities and
accommodations ___0._______________ ___0._____________________ __ _ ___ n
ETHNIC GROUPS
Equal opportunity and affirmative action. See that
title
EXCAVATIONS AND FILLS
Building permits in general. See: Buildings
Certificate of occupancy requirements. See: Zoning
Fencing of oil and gas drilling excavations. See: Oil
and Gas Drilling
Flood protection works. See: Flood Control
Moving of dwellings, permits. See: Buildings
Permits for. See: Streets and Sidewalks
Plumbing code amendments. See: Plumbing
EXPECTORATING. See: Spitting
Supp. No. 26, Revision
1872.01
Section
llA-62
llA-63
llA-61
l1A-64
llA-60
llA-93
llA-98
llA-92
l1A-96
l1A-31
llA.30
llA-50(4)
llA-50(2)
llA-50(3)
llA-50(1)
llA-40
FENCES, WALLS, HEDGES AND ENCLOSURES
Animals, keeping. See: Animals and Fowl
Barbed wire fences ________________________________m 9-852(4),9-858
Barricades for dangerous structures. See: Fire Pre-
vention
Commercial and industrial fences ___________________________m___
Corner lots, fences on
Dwelling plots, requirements when enclosing ----------
Electric fences ______________________________________ ------------
Fences classified ______________________________________
Front yard fences and hedges _______________________________________
Hedges along streets, alleys, etc. ---------------------------
Junkyards, storage regulations. See: Junk and Junk
Dealers
Maintenance _______________________________________________________
Obscene writing on walls. etc. See: Indecency and
Obscenity
SALINA CODE
EXPLOSIVES
Defined for traffic purposes. See: Traffic
Establishing limits of districts in which storage is
restricted. See: Fire Prevention
Fire prevention. See also that title
Transportation of nitroglycerin m______________________________n_____
Vehicles transporting, requirements. See: Traffic
F
FALSE FIRE ALARMS
Fire regulations. See: Fire Department
Turning in ____________________________________________ n_____on_______________
FALSE PRETENSES
Obtaining property or other valuables by -------------------
FARMERS
Fruit and vegetable produce. See that title
FELONS
Alcoholic beverage restrictions regarding employment.
See: Alcoholic Beverages
Supp_ No. 26, Revision
1872.02
Section
28-159
28-111
28-20
9-854
9-352(1)a
9-352
9-848
9-851
9-852(1)
9-860
9-855
e
e
e
CODE INDEX
FINANCES-Cont'd.
Purpose _________________________________________________________________________
Supervision. See within this title: Director
Depositories
Designa tion ____________________m______________________________ __________________
Director
Effects of office, surrendering ____________________m_________________
Official bond of city officials. See: Officers and
Employees
Supervision of departments by ______n___________n____
Warrants, checks, etc., issued by __m_______m_____
Duties of city manager. See: City Manager
Investment of temporary idle funds
Au th oriza tion ________m_______________ _________ ___
Custody and safe keeping
Procedure ____________________n_________
Records, keeping __ _________m____
Restrictions and limitations
Securities
Custody and safe keeping _ _ ______nn _ ___
Sale or transfer _m____ ____________ U______n
Use of earnings _____m_n___nm________________nn___
Old records, destruction. See: Public Records
Payroll deductions. See: Officers and Employees
Purchasing agent. See also: Purchasing
Composition and personnel of departments speci-
fied m___________________________________ _m___m____ _ ____m __om _____
Receipts and disbursements
Duties of treasurer
Warrants
r ssuance __________________________ ____m___________________m_____ ___ _____ _____ _ ____
Manager to countersign. See: City Manager
Treasurer to deliver to clerk ______________________m_m____________
FIRE DEPARTMENT
Charter ordinances rei a tive to ________ ___m_ ____mm_________m__n__
Chief
Command at fires ______m_ m_m_______n______u________m__________m__
Reco rds _______m________________ --____________________________m__m______________
Regulations, making and enforcing ______m_________m_____n____
Reports ____moo_om ___n_______________________ _____n_m___m_m____
Res ponsibili ty ______ m_ __mnm_____m ___ ___ ---__________m__________m _ ____
Co mmand at fires ______m____m__m_m_______________________m__m____ __n_
Dangerous structures, barricading. See: Fire Preven-
tion
Duties assigned by safety department. See: Safety De-
partment
Duties of members, generally _ __ nn ____ _n
Supp_ No.8
1873
Section
2-140
2-159
2-142
2-141
2-141
2-187
2-189
2-188
2-192
2-188
2-189
2-190
2-191
2-94
2-158
2-141
2-164
Appendix F
12-15
12-18, 12-19
12-14
12-20
12-14
12-15
12-13
SALINA CODE
FIRE DEP ARTMENT-Cont'd.
Electrical current, turning off in emergencies. See:
Electrical Code
Fire alarms
False alarms, giving _______________________________________________m______
Off duty firemen to answer _m___________m_____m______________
Fire guard, police to act as m____m_________m__m___________m_m
Fire hydrants
Obstructing _m__m_________________________________________m___m_
Firemen
Obedience to orders _____m_____mm_____m___m______m_______m__
Firemen's relief association. See that title
Fires
Authority to remove structures to check m_______m_____
Disorderly conduct at m_________ ________m______mm_mm___________
Firemen to attend __m_____________mm___m____mm___m_____________
Records ________m__________m________m______m__m______________ _m____ ________
Off-duty firemen
Duties ___um__
Police
Duties ___m___mmm_m_________m__ mm_____m___ _
Property, tools, equipment, etc.
Damaging, taking, etc. mmum_____m_______
Protection outside of city limits
Charges, contract agreements, etc. u____
Recruits
Qualifications of ___m___mmm___U___m______m_______________mm_
Resisting, hindering firemen _m_______m__m________m_u________m__
Rules and regulations
Making and enforcing _____m______m___ _____mum___ __m___m__m
Supervision by safety department. See: Safety De-
partment
Uniforms, badges, etc.
Employees to wear mm___________mm_um__m___h_ __mmm_m__
Vehicular equipment
Authority to commander.m___u__m__m_m___mm_m_mm____m
Traffic provisions regarding emergency equipment.
See: Traffic
Wires, removal during fires. See: Electrical Code
FIRE ESCAPES
Awnings, canopies and marquees interfering with.
See: Buildings
FlIRE HYDRANTS
Obstructing um__h_m_ ___________m_mm_m__m_________________m______m____
See also: Traffic
Rental service, water usage. See: Water and Sewers
Water system property, damaging and interfering
with. See: Water and Sewers
Supp. No.8
1874
Section
23-111
12-12
12-23
12-17
12-24
12-22
12-27
12-21
12-18
12-12
12-23
12-25
12-1
12-11
12-16
12-14
12-13
12-26
12-17
e
e
e
CODE INDEX
FIRE LIMITS
Establishing limits of districts in which storage is re-
stricted. See: Fire Prevention
FIRE PREVENTION
Boiling pitoh or tar
Locati ons for ~m~__~~~~~__~_____~__~__~~____~~~~~_~__~____~_____~~~_~~__~___~__
Buses, smoking on. See: Vehicles for Hire
Code
Adopted ___~ ~~~~~~ ~~~_ _~~~~ __~_______ ~~___~~~~~____ __~~~~~____~~~___________________
Amendments, omissions, added provisions _______________
Building codes, .other. See: Buildings
Definitions ________________~_____________________________________________________
Elect~ical code. See that title
V io lations _____________~______________________________________________________________
Combustible ,trash
Housing regulations. See: Housing
Dangerous structures
Abatement procedure -_____________________m_______________________
Asses'sments for work done by city
N1otice, levy of ____________:~___~~_____________________________________________
Barricades, authority to erect m_________________~_________________
Building codes. See: Buildings
Defects enumerated __________________________________________
Health authority relative to unsafe structures. See:
Health and Sanitation
Housing code. See: Housing
Inspections
Authority to enter to make _________m__________________________
Scope of provisions ______________________________________________________
Dry cleaning plants
Rules and regulations adopted ___________________________________
Vio latio ns ____________________________________________________________________
Explosives. See also that title
Defined for traffic purposes. See: Traffic
Establishing limits of district in which storage is
prohibited within city ____________________________________
Vehicle's transporting. See: Traffic
Fire extinguishers
Mobile home courts. See: Trailers and Trailer Parks
Fire protection outside city limits _______________________________
Fireworks. See that title
Flammable liquids
Defined for traffic purposes. See Traffic
Flammable liquids in outside aboveground tanks
Establishing limits of districts in which storage is to
be prohibited _________________________________________________
Supp. No. 14
1875
./7. . /
~..<7 '~<.e ..r"j(~ >C'~?;~
\c;'~I!c~.-""L'
/=I'/-I
Section
12-146
12-76
12-89 et seq.
12-77
12-113
12-63
12-64
12-65
12-62
12-61
12-60
12-132
12-133
12-79
12-1
12-80
SALINA CODE
FIRE PREVENTION-Cont'd.
Flammable or combustible liquids
Prohibiting new bulk plants within city ____m_____h_____
Garbage, burning. See: Garbage and Trash
Gasoline. See also: Filling Stations
Sale on streets, other public places ________________________
Inspections
Air pollution equipment, apparatus. See: Air Pollu-
tion
Dangerous 'structures. See hereinabove that sub-
ject
Liquefied petroleum gas. See also that title
Establishing limits of district in which bulk stor-
age is restricted ______________________________m__
Moving of dwellings. See: Buildings
Open fn-es,setting _______________________________m___________m____
Housing regulations regarding trash burning. See:
Housing
Rubbish or trash fires __________________________________________________
Smoke producing equipment, inspection, etc. See: Air
Pollution
Smoking on buses. See Vehicles for Hire
Streets and other public places
Fires prohibited on ___________________________________________________
Gasoline sales regulated ---_______________________________________
See also: Filling Stations
FIREARMS AND WEAPONS
BB guns
Discharging _______________________________________________________
Parent or guardian permitting carrying of _______h_
Carrying concealed _________________________h_______________________
Oonveyance of weapons and contraband into jail. See:
Prisons and Prisoners
Discharge of f,irearms -----------------------------------
Fireworks provisions. See: Fireworks
Hostile demonstrations with _________________m___________m____m__
Knucks
M.anufacturing, dealing in, carrying, etc. ____________h_
Nonpowder propelled guns
Carrying _____________________________________________________
DeLinitions ______________________________________________________--------
Discharging ______________________________________________________-------
Possession by youth ___________________________________________
Sale, transfer to youths ________________________
Violatrons ____m_________________________
Tranquilizer guns, use in apprehending animals. See:
Animals and Fowl
Supp. No. 14
1876
Section
12-81
12-149
12-78
12-147
12-147,12-148
12-147,12-148
12-149
23-134
23-135
23-124
23-125
23-126
23-127
23...131
23-128
23-132
23-130
23-129
23-133
e
CODE INDEX
FIREARMS AND WEAPONS-Cont'd.
Wounds, i'njuries, etc.
Physicians to report -----------------------------
FIREMEN'S RELIEF ASSOCIATION
Bylaws, rules and regula.tions -------------------
Composition ________________________________
Disbursements, procedure for ------------
D()uble benefits ----------------------
Funds
Custody of _____________________
Investments -----
Loans to city ---
Purposes for which may be used --------------
e
e
Supp. No. 24
1876.1
Section
23-154
12-41
12-38
12-44
12-49
12-43
12-46
12-47
12-47
e
CODE INDEX
FIREMEN'S RELIEF ASSOCIATION-Cont'd.
Statutory limitations on use of _ _________mm_
Trusts, held in _____ __n_________m
Insurance, limitations on --
Officers specified
Records _m____ ___n___________
Treasurer, bond of _____n_____
Section
12-45
12-47
12-48
12-39
12-42
12-43
e
FIREWORKS
Defined _____ _mn_____nm _n____m_n____
Displays, liability insurance required for
Exceptions to provisions n________m
Fire prevention code. See: Fire Prevention
Manufacture of _____ __m_________m - ____m___________
Nuisance
Declared; abatement __on _____m___m________
Seizure ___m_______________ _m__nnm_n__m__________m___
Storage, sale, use of _m ______n___nm_
Unfired fireworks, disposal of ----
Violations
Seizure ___.____ ___________________m__ _________ ______mm___nn _____________ _m__
12-119
12-122
12-124
12-120
12-126
12-125
12-121
12-123
12-125
FLIES
Pest control. See that title
e
FLOOD CONTROL
Flood protection works
BuEding permits. See also: Buildings
Withholding issuance _
City engineer
Appeals from decisions of -----
Review of plans for certain proposed construction
or excavations mm____m____mn______
Construction or excavations
Permits. See within this subtitle: Permits for Con-
struction or Excavations
Governing body
Findings of n nm_________
Grade sheets, withholding _________m______ ________m____m
Permits for construction or excavations
City engineer to review plans for
Issuance or denial --
Restricted or conditional permits
Violations
Penal ti es ____ ___m____________m__m________n__
General ordinances, applicability
Supp. No. 12
13-15
13-16
13-12
13-11
13-15
13-12
13-3
13-14
13-17
13-3
1877
SALINA CODE
FLOOD CONTROL-Cont'd.
Lands included in corporate limits __
Trespassing on, damaging, interfering with prop-
erty _n_n___m_n_____________________________________n________________________
Police power extended to system _____________
Regulations, manager to prepare ________nnnn__m_
FLUORIDATION
Water and sewers. See that title
FOLLOWING. See: Preceding, FolIowing
FOOD REGULATIONS (Handlers, Establishments,
Products, Etc.)
Commissary
Sale of products from
Definitions
Establishments. See within this title that subject
Milk and milk products. See that title
Vending machines. See within this title that subject
Diseased employees. See within this title various sub-
jects
Establishments
Animals, pets, in ___________m_________ _ m___ ____m___m__mm____
Dogs other animals in public buildings. See: Ani-
mals and Fowl
Bakery, defined mm__mm_______ mm________m________
Bottling, works ____m________m___ nn___m______m______
Cleanliness of employees _______ --_________m_m____mm
Compliance with provisions ______nm_____m____________n___________
D efini ti ons _______________m___mn_m__n______ _____n__________________________
Diseased employees
Generally ____n__m_____________________ _________m___________________nm____
Measures authorized when disease suspected
Notice of disease _____m_m_m_m_______m___m_____mn___m_m__n
Doors and windows ___nm_n___ n_mn______m__m_______nn
Employee, defined ________m___n__m________n___n_____ ____m_____nm
Enforcement, interpretation of provisions ___ _____________
Entertainment in. See: Amusements
Floors, maintenance _ ____m_____m___
General cleanliness of premises ___mn________
Grocery stores and meat markets, defined _m__n__mnm
Hand washing _ _ _____m__m_______mm_ ____mm_______nn____m_____m
Health officer, defined ____n____ __ ________m___n______m___
Inspections
Examination, condemnation of products m____
Permit suspension, revocation ____ m___n_ _______ m____m
Required _m_________m_____m________n______________ _____________m_ __________
Second inspection after violation ____ ___ mn_____mnn_______
Supp. No. 12
1878
Section
13-2
13-4
13-1
13-5
14-107
14-50
14-13
14-13
14-51
14-12, 14-34
14-13
14-26
14-28
14-27
14-38
14-13(3)
14-14
14-36
14-35
14-13 (4)
14-43
14-13(5)
14-19
14-21
14-20
14-21
e
CODE INDEX
e
FOOD REGULATIONS-Cont'd.
Itinerant restaurants
Defined mmm_____mnmmn_u mmm
Permits, exemptions ___nmn_m_u
Requirements, construction _______
Lavatory facilities _u__mm___mm_m_m
Lighting __m_m___nn_____m_mm____m_m___m__u ___ mmnmmm
Living or sleeping quarters __
Lockers, dressing rooms _m_mmm_
Other establishments, defined
Permits
Applications mnm_m_ u__mnmn__
Display of m _ 00 _____mmn___n____
Exemptions nmm_m__n____m_ _m_
Expiration and renewal _m_
Fees
Disposition, payment into treasury nm_
Established mnmm_m___ _m_mmn___
Issuance
Prerequisites m__ un_m_nm n_nm_m 00
Itinerant restaurants ___mmmnn
Persistent violations, for um m__mnunnn
Reins ta temen t _mm____mn__n____n__n__m_ _____ ___ n_____mn_____ ___
Required mmnu__ ____ __ mm 00 _m____ _ _n_mm m ___ _ 00_ _ __________ _ _n_m
Section
14-13 (6)
14-15
14-55
14-43
14-39
14-54
14-53
14-13(7)
14-16
14-15
14-15
14-18
14-17
14-16
14-16
14-15
14-22
14-24
14-15
e
Supp. No. 12
1878.1
e
e
e
CODE INDEX
FOOD REGULATIONS-Cont'd.
Revocation or suspension
Flagrant violations, for _mn_n___ __mn__mnm__n__n__n
Removal of permit mn_m__mm__mn__mmm__________m__
Poisonous substances, use
Refrigeration nm_mmm_______ m_m___n___m_m____
Restaurants, defined ______m_ __mm___m_ m_mn___m______
Sanitation requirements nn n__mn_nnn ___m_m___m_m__
Soiled linens, coats, aprons _ nnnn___mnm___mmm___m___n
Storage, display of food and drink __ m_m ____n__
Toilet facilities _mnm_n_m mmn_m____________m_m_n____nm___
Unwholesome, adulterated food or drink
Examinations, condemnation of n_____mm___m_m_
Sale of mm m__n_mnm____m__ _m__m___mn__m
Utensils and equipment, construction of m_nm_nm_
Cleaning, bactericidal treatment - m_____mn
Defined _mn_m mm__m__mn _____mnn_
Storage, handling of ___ _n__m___mn__m___n_______
Ventilation ______mm _____m__nmnm____m____mm_mmm__m_
Walls and ceilings, cleanliness mm_m__ _nm_mn_nm___n -00
Wastes, disposal of m_nnn_n_m___m___m___ _mmm_mn -
Water supply mm ___mmmm_mm_____m___nm_m_nmn___m____m
Wholesomeness of food and drink ______m__mm___m_m_____
Food, defined nnn________n__________________n_m_n____mm____mm_n______
Handlers
Diseased employees in food establishments. See
within this title: Establishments
Itinerant restaurants
Permits. See within this title: Establishments
Milk and milk products. See that title
Pest control
Establishments. See within this title that sub-
ject
Milk and milk products. See that title
Vending machines. See within this title that sub-
ject
Poisonous substances, use _moo _nnn___m________mn
Restaurants. See within this title: Establishments
Unwholesome, adulterated food, or drink
Sl:de of nn__m_m________m__ ___mm___mnn__mnm__n_nm_m__mnm
See also similar subjects throughout this title
Vending machines
Adulterated, contaminated, etc. food or drink
Freedom of ingredients from contamination
Ad ul tera ted, defined m__m_m_m n__nmnm__nn_nm___m m__m
Adulterated, misbranded food or drink
D is po sition n__m_m_n__mnn___n___nm__nm__mn_m____m_____
Impounding, forbidding sale of _m__mnmn___m_
1879
Section
14-21
14-23
14-25
14-48
14-13(8)
14-34 et seq.
14-52
14-50
14-41
14-19
14-1
14-44
14-45
14-13 (9)
14-46
14-40
14-37
14-47
14-42
14-49
14-105(5)
14-25
14-1
14-136
14-105(1)
14-122
14.121
SALINA CODE
FOOD REGULATIONS-Cont'd.
Prohibited _n_mn_n -__m_n__n__________m_m_
See also similar subjects throughout this title
A pproved, defined m____nm_m__
Bulk vending machines
Condensation prevention _
Protection of delivery tube and orifice _____________
Cleaning
Provisions to facilitate __m_n__m__
Commissaries
List, record of _____mn_____n_______nm
Commissary, defined --_________m ___n___m____
Condensory units, sealing ---_____n___________nn___m_______n
Construction, sturdiness of __mn_____mm
Correction of violating conditions
Orders requiring _n______m_____mm
Defined ----m-------------______________n_m_n______n__n______n_______m____
Definitions __ _______________n_n_____ ___nu__mm_____________n__
See also within this title that subject
Diseased employees _______n ----------____________m____________u
Measures authorized when infection suspected
Notice of disease or suspected disease _______u__m_____
Similar provisions. See within this title various
subjects.
Dispensing
Milk, fluid milk products, etc. ______________un___m__________
Doors and panel access opening
3ulk vending machines m_______ _____mu___________m_u___m__
Tightness -----________________m________u___m_m____________________________
Employees, cleanliness ------_____mm___________________________m_____
Em p I 0 yees, d ef ined _u________m_______n_____________ ________m___ _u_m__
Floors, requirements for m__UU____n_uu__m______________
General who leso meness -----___________________________n__ ______ ________
Handling of products ___m____m___________ ______un_____m____m__
Health authority, defined _________m__ ___ _m__________
Right of entry __m________________n___m_
Hot liquid food or beverage
Defined __________ __m___mm_________
Insect and rodent harborage, creating
Inspections
Authorized -__u_____________n_m___nu___n ______mn_____
Right of entry to make -m----_____________m___________m____m
Sam pIes, examining --____________m__h_________ ______u___________m_
Interior areas, inaccessibility __ ______m_____________
Interior non product contact surfaces
Jurisdiction
Sale of products outside _______________
Laws and regulations, compliance
1880
Section
14-119
14-105 (2)
14-157
14-157
14-151
14-113
14-105(3)
14-150
14-147
14-116
14-105 (14)
14-105
14-126
14-128
14-127
14-140
14-157
14-148
14-170
14-105 (4)
14-146
14-136
14-137
14-105(6)
14-124
14-105 (7)
14-145
14-123
14-124
14-120
14-154
14-153
14-107
14-135
e
e
e
CODE INDEX
FOOD REGULATIONS-Cont'd.
Liquid wastes _m_muu____umm__uu _mn_m_n___mm___
List of machines and commissaries
Location
Cleanliness mum___mu_mu__um
Defined ___wn _________________mm___
Machine interior, accessibility
Milk machines
Cleanliness, filling of uun_mm__ m____m_______umn
Dispensing milk in general
Milk regulations in general. See: Milk and Milk
Products
Misbranding, defined ___mmm___ __m_m_________
Multi-use containers, cleanliness ____ _____mm_____
Notice of changes in operations __nmmu_mummnmum__
Opening devices, construction of m___ ___u___mmmum__m
Openings, protection m__m m____mmmmmm
Operator, defined mu_ n___m_m______m_m___
Packaging of products u_______mm__mm_mu______
Dispensing
Liquid products
Temperature
Permits
Applications
Investigation
Required, contents _m m_____n_m_m____
Changes in operations, notice
Compliance m_______
Correction of violations
Issuance
Notice or order
Action after hearing on -----
Orders requiring immediate correction, etc.
Reinstatement
Required mm__m_____
Revocation and suspension --un
Transferability
Violations. See also within this subtitle various
subjects
Product contact surfaces --
Defined
Protecticn of products during transportation
Readily perishable foods
Defined nnn__mm_m_n
Manner of dispensing _mU__m_nm_
Parts in contact with um _mumn____um___
Parts in contact with other than, cleaning -
Temperature ___m_m_m_m___ _m__m______n
1881
Section
14-167
14-113
14-145
14-105(8)
14-124
14-141
14-140
14-105(9)
14-142
14-114
14-159
14-156
14-105(10)
14-137
14-138
14-158
14-139
14-111
14-110
14-114
14-109
14-116
14-111
14-117
14-116
14-118
14-108
14-115
15-111
14-155
14-105 (11)
14-168
14-105 (12)
14-138
14-142
14-143
14-139
SALINA CODE
FOOD REGULATIONS-Cont'd.
Samples of food, beverage, etc.
Authority to take, examine ____m_
Screening __u_________m_u
Check valves, when used _____m__mu __m__m_m___m_____m
Service connections mm__m_m__m____m___
Single service articles u___ mu___u____
Single service containers ---_______m______m_____uu__ --_______mu
Spoilage, contamination, adulteration
Freedom from
Storage compartments
Drainage u_____u_____mu____ ---____m___m_umu_mu___
Storage containers
Protection of openings into u__mu______m_________
Storage of products _
Surrounding areas
Cleanliness __u mm______m___m__u___mu ____mu_mm__m__
Maintenance of mm____mm_mm____um_m_mum
Transportation of products -mm____m____u_m______
Temperature of perishables in transit __u __ ______mm
Transportation of products or ingredients
Cleanliness of employees m____uuu________mm____m__u__
Protection of food, beverages, etc. during _
Unwholesome, adulterated food or drink. See also
within this title that subject
Ventilation louvers, openings, screening
Vermin, minimization -m_m___mu______m__mu
Violations _____m___u _ -___m____U__UmmUmm ____m__ __m_m__
Notice __mmUmuuu
Permit action. See within this subtitle: Permits
Waste containers
Waste removal
Frequency; manner of disposal _
Liquid wastes U__Umm___m __________mu__
Water
Carbon dioxide or carbonated water
Protection of water supply, etc. m_ .__m____ _____
Check valves mm_______m_______m_m___mu______mm____
Conditioning devices ____mm_umnmnuuu
Filters __ nm__mm_um_____um
Ingredients -_____m______m__
Protection __
Quality, source of
Wet storage of products
FORNICATION. See: Indecency and Obscenity
FORTUNE TELLERS
Licenses and license fees. See: Licenses, Certificates,
Etc.
1882
Section
14-120
14-149
14-163
14-152
14-105(13)
14-144
14-136
14-158
14-156
14-137
14-145
14-146
14-137
14-169
14-170
14-168
14-149
14-147
14-106
14-125
14-166
14-165
14-167
14-162,14-164
14-163
14-161
14-161
14-160
14-162
14-160
14-137
e
e
e
CODE INDEX
FOWL. See: Animals and Fowl
FRANCHISES
Utility ___________________________m___________
FREIGHT VEHICLES. See: Vehicles for Hire
FRUIT
Entering enclosure to pick and carry away --------------------
FRUIT AND VEGETABLE PRODUCE
License exemptions. See: Licenses, Certificates, Etc.
FUEL
Use of smokeless solid fuel. See: Air Pollution
FUNERAL PROCESSIONS. See: Traffic
G
GAMBLING
Amusement places. See various amusement places as
indexed; see also: Amusements
Billiards, pool and shuffleboard. See that title
Carnivals, circuses and tent shows. See that title
Cereal malt beverage premises. See: Alcoholic Bever-
ages
Devices, tables, places
Keeping ____ _ ______________ _ ____________________________m__________________________
Procedure for forfeiture n_ _____________________m_m_________________ -
General prohibition relative to __________________mm___________________
Leasing premises for m__ ___________________mm_______m_______ ____m___
Lo tteries __________________m____ ___________________________________________m_________
Permitting on premises m______________________________m___________________
Places declared nuisance
Aba temen t ____________________m__________________________________m__m________
Punchboards, slot machines and similar apparatus
Co nd emna tion, destructi on ________m__m________m_____m___n_____
Pro hibi ted ____ _______________________m__m___________n______ ___m -------------
Seizure and co nfisca ti on ____m_nm__________________________ _m___m
Similar provisions. See: Indecency and Obscenity
GARBAGE AND TRASH
Bills
City collection service. See within this title that
subject
Burning of garbage ________m______________________n____________m__________n
Open fires generally. See: Fire Prevention
City collection service
Commercial dwelling, defined _______________m_____m_____m____
Supp. No. 17
1883
Section
App.E
23-21
23-74
23-78
23-73
23-76
23-82
23-75
23-77
23-94
23-93
23-95
31-50
31-11
SALINA CODE
GARBAGE AND TRASH-Cont'd.
Container
Capacity, weight of -------------------------------___________m______
Refuse sanitation. See also within this title that
subject
Defini tions _________________________ __ ____________________________________________
Dwelling unit, defined ___________________________________________________
Dwellings
Contracts for service to ----------------------------_____________m
Multiple dwellings, defined ---------------------------___________m
Regula tio ns, ado ption ___________________ ___________ __________________
Sanitation department
Crea ted ----------------------------------------------------_________m_______
Du ties ________________________________________________________________ __________
Service charges
B illing --------------------m--------------_____________________m_________m_
Discontinuance of service for delinquency ____________
Due and payable, when -----------__________m_________________
Establish ed -----------------------___________m___________________
Funds derived from, handling __m____________________________
Single family dwelling, defined ---------_____m_____m_____
Special enterprises, defined ______m__________________________
Superintendent of sanitation
A ppo in tmen t --.-----------------------------------------____m__m._
Collection administered by ------------___________m___________
Landfills, duty to supervise --------___________m__________
Other du ties -------------------------------------__________m_______
Containers
Capacity, weight of ----------m_________________m____________________
Refuse sanitation. See within this title that subject
Dead or diseased animals or offal
Transporting through streets. See: Streets and Side-
walks
Definitions. See within this title various subjects as
defined
City collection service. See within this title that sub-
ject
Refuse sanitation. See within this title that subject
Disposal of refuse
Refuse sanitation. See within this title that subject
Solid waste disposal area. See within this title that
subject
Dwellings
City collection service. See within this title that sub-
ject
Food regulations, restaurants, etc. See: Food Regula-
tions
SuPP. No. 17
1884
Section
31-22
31-11
31-11
31-20
31-11
31-23
31-12
31-12
31-18
31-19
31-18
31-17
31-21
31-11
31-11
31-13
31-14
31-15
31-16
31-22
e
e
e
CODE INDEX
GARBAGE AND TRASH-Cont'd.
Food vending machine waste disposal. See: Food Reg-
ulations
Glass, other debris on roadway. See: Traffic
Housing standards. See: Housing
Littering
General prohibition relative to uuu_nu___umm___mm___m___
Park restrictions. See: Parks, Playgrounds and Rec-
reation
Similar provisions. See: Streets and Sidewalks
Milk and milk products. See that title
Mobile homes and mobile home parks. See that title
Pest control. See also that title
Storage to be inaccessible to vermin, etc. m__m_nu__
Private haulers
Additional regulations, authorization _m___m____
Age of licensees _m_____u_________u__________m__mm___m_____________
Liability insurance ___________________u____________m________m_u___u_
Licenses
Age of licensee ___________________m_m___m__u____________________
A p plica tion _______________________________mu_____um_____m_________
Exemptions ______m_______________________________________m______u_______
Expiration uu____________________________n_______u_____m________________
F ees __________n_____________________________________________u_________________ ------
Disposition of revenues _m___________m___mnu_______m_n___
Prorating _____________m__m_____u______u_______ _________m________
Issuance, contents of _m__________________m_______m___nm_____m_
Lia b il i ty insurance _____m________________________u_u__ -----------------
Registration decals for vehicles __m_m__u__m__m____m
Required __u_______u______m____u_____________ --------------------- _____n______
Revocation ______________u______________________________m__m___ ------ --- ----
Transfer of vehicle registration _____m___u____n --- --
Transferability _______________u__u___u_________________ ----------- -- ----
Registration decals for vehicles _mm__m_m__u______n__n___
Transfer of vehicle registration --------
Transportation standards ____m__u________________m______m______
Vehicle standards ____m___________m___mn___m__ _m___mm__n__
Refuse sanitation
Ashes, defined ____________u______u_________m____________m_uu__ n_mu__
Authorized collector of refuse
Defined _m____m_____________________u__m_______u__ __________u_____________
Burning of garbage m_______m_______m_______ ___m____m__m______
Collections
Frequency _____________________________m____m____________m________n___
Removal by city, when ________________m_________m_______m
Commercial dwelling, defined _m_m_____m___m____u_______
Commercial enterprise
Supp. No. 21
1885
Section
23-22
31-44
31-74
31-70
31-64
31-70
31-63
31-62
31-68
31-66
31-67
31-68
31-65
31-64
31-71
31-62
31-69
31-72
31-72
31-71
31-72
31-73
31-73
31-35
31-35
31-50
31-39
31-40
31-35
SALINA CODE
GARBAGE AND TRASH-Cont'd.
Defined n-m-__m_m_________m______nm_ ____mom_om
Storage by ----m--m-m_nn__m___m_____n___mn __n______m_
Containers
CI eaning ---m-m--_nn______mnn____m___m_n_______ mn___n__m_m_
Construction, size, number of _
Disposal of refuse. See also within this subtitle
that subject
Spillage, prevention __m__nm_m__________________
Def ini ti ons --m----mmn_nm___n__nn_nn_______n____
Disposal of refuse
City to remove refuse, when mn______n ____m____m___
Containers. See within this subtitle that subject
Manner, approval _m ___m___n_m______
Persons authorized to collect and dispose of ___
Unoccupied premises m---m---____n___m___m_n____m____n
Draining, wrapping of refuse ________ _ _n_________n_
Garbage, definedm_m_____m_m__m___m___________
Occupants
Duties in general --mm___m___m_m___m__m __m__m___n__
Pest control
Storage to be inaccessible to vermin
Refuse, defined -------_m___n___mn_____m
Rubbish, defined -m--_m___mm______m_n____m__m_
Storage areas
Cleanliness of ---------__m___m_n____m__m ___ _ ______
Storage facilities
Adequacy of m-m-m___nn__nmm___m__m__
Unusual situations m____m_m___m_nm
Vermin
Pest control in general. See: Pest Control
Storage to be inaccessible to mm_______ --_________m
Regulations, adoption ---m-____m_m_m___m___n___m_____ ______nn__n
Sanitation department. See within this title: City Col-
lection Service
Service charges. See within this title: City Collection
Service
Solid waste disposal area
Established m----_nn_m______mhm_m____m _mm____m______
Fees
Establishment of service fees --m________m______m
Removal of objects --------mn_mn___m_m_____n
Rules and regulations for use _______m___
Service fees
Establishment of m___m__m__m__m__n
Temporary suspension or waiver of
Use of area ------nm_______mmnmn_________ ______mn_____m_
Supp. No. 21
1886
Section
31-35
31-47
31-43
31-42
31-49
31-35
31-40
31-37
31-38
31-41
31-48
31-35
31-36
31-44
31-35
31-35
31-46
31-45
31-51
31-44
31-23
31-81
31-85
31-34
31-83
31-85
31-86
31-82
e
e
.
CODE INDEX
GARBAGE AND TRASH-Cont'd.
Storage
Refuse sanitation. See within this title that subject
Streets and sidewalks
Dumping refuse on. See: Streets and Sidewalks
Superintendent of refuse
Appointment, other matters. See: Service Depart-
ment
Superintendent of sanitation. See within this title:
City Collection Service
Trailer parks. See: Trailers and Trailer Parks
Vehicles transporting
Private haulers. See within this title that subject
Stan dard s _______m___ n__ _ ___n___________________n_______________m_____________
Weeds and brush. See that title
GAS
Air pollution provisions. See: Air Pollution
A ppliances __________________________________n_____________________________________m__
Bo nd requirements n______nnn_________n________m_m__n__n_______
Gas fitters certification. See within this title that
subject
Building permits in general. See: Buildings
Certificate. See within this title: Gas Fitter's Certi-
fication
City gas inspector
Mobile home craftsmen board of examiners, mem-
bership in. See: Mobile Horne Craftsmen
Code
Adopted __m____ ____________________n________________n_______________________________
City codes, board of examiners to conduct examina-
tions on contents of. See: Mobile Horne Crafts-
men
Common vents
Fuel burning appliances _______n__n__n_________n_m__________n_
Drilling. See: Oil and Gas Drilling
Establishing limits of districts in which storage is
restricted. See: Fire Prevention
Flues on vents __n___________n____n_____________________n___n_______________n__
Gas fitter's certification
A pp 1 ica tio n ________________________________ --- _n_______mnn________________n___
Fee to accompany __n_nn________mn____________n_nn_________n_
F 0 rf ei ture of _nn_________________n_________________n________________n_
Bond and insurance requirements and exceptions _n___
Extensions of license, bond and insurance --------
Examination required ________nnn_______n__n_____n__n__n_____
Is suance of ____nn____________ ___ __________nn_nn_______n____________
Supp. No. 17
1887
Section
31-73
9-264
9-253
9-255
9-264
9-263
9-242
9-243
9-244
9-253
9-254
9-245
9-246
SALINA CODE
GAS-Cont'd.
License and certificate
Current license prerequisite to permit ______m__m____
Examinations
Renewal not subject to m___m___m____________m______________
Expiration, renewal of m__mnmnnm_m__m___m_m_________
Extension of ---------mnm___n__m___m_m___mn_________m________
Fees
Renewal ----------m--mhm_m____________m________mnm______m___
Issuance of --n-----------___m_m__m___m___m_m_____ _m__mn_n ___
Renewal; fees -----m--m-m------___m__m__m___n_m__m_m__m_
Plumber's examination, pertinent provisions. See:
Plumbing
Registration of certificate, fee -m-__m___mm___m___n_m____
Required --mm------------___m_m__m__m_m___m_______________n________
Gas supplier
Opening or closing service lines ---------------------___________h_
Insurance requirements m--m------_m__m_____________mm__m_______
Gas fitter's certification. See within this title that
subject
Interpretation of provisions m-m--_m___m_m______m_m__mm_
License
Gas fitter's certification. See within this title that
subject
Licenses, certificates, permits, etc. See that title
Liquefied petroleum gas. See that title
Meters
Locations ____m_________ ---m-nm-m-m___m_m___m__m_m_n___m_____
Oil and gas drilling. See that title
Permits
Building permits in general. See: Buildings
Plumbing code, other matters. See: Plumbing
Provisions
Interpretation of -------m-___m_m_______n_______m_______--___________
Safety pilot on appliances m--mhm___n______m___n__n___________
Service lines
Valves required, other standards __mm______~_______m____
Standards adopted ----n---------__m____m___m______m_____________m____
Swing joints
Underground pipes -____m___m_m___m____ ______m___________________
Temperature and pressure release valves
Water heaters to be installed with _______________________
Unions
Standards ----------------m--------m-----___n_______________________mm___
Utility provisions. See: Utilities
Venting
Approved type vents required -m_m_____________n______
SuPP. No. 17
1888
Section
9-252
9-251
9-249
9-254
9-250
9-248
9-250
9-247
9-241
9-256
9-253
9-240
9-257
9-240
9-265
9-256
9-255
9-266
9-260
9-258
9-262
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CODE INDEX
GAS-Cont'd.
Common vents .................................
Flues on vents .................................
Responsibility for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Water heaters
Exception, locations for ...... .. . . . . . . . . . . . . . . . . . .
Plumbing regulations. See: Plumbing
Temperature and pressure release valves . . . . . . . . . . .
GAS mSTRIBUTlON SYSTEMS
Mobile homes and mobile home parks. See that title
GAS GUNS. See: Firearms and Weapons
GENDER
Word usage in code ...............................
GOING OUT OF ,BUSINESS SALES
Licenses
Advertising
Goods which may be advertised .... . . . . . . . . . . . . .
Application for .................................
Fees.......................................... .
Required .......................................
Tin;te limitation .................................
Waiting period ................. . . . . . . . . . . . . . . . . .
GOVERNING BODY. See: City Commission
GRADE MARKERS. See: Streets and Sidewalks
GRASS
Weeds and brush. See that title
GREASE
Drainage into waterways, etc. See: Water and Sewers
GROCERY STORES
Food regulations. See that title
GROWERS. See: Fruit and Vegetable Produce
GUNS. See: Firearms and Weapons
H
HANDBILLS
Scattering, distribution. See: Advertising
HANDICAPPED PERSONS
Parking spaces for
Parking, stopping and standing. See: Traffic
Supp. No. 25
1889
Section
9-264
9~263
9-261
9-259
9-260
1-2(7)
20-78
20-76,
20-75
20-75
20-77
20-79
HEALTH AND SANITATION
Alcoh.olic beverage premises. See: Alcoholic Bever.
ages
Animals, keeping. See: Animals and Fowl
Beekeeping. See that title
Department
City-county board of health
Joint resolution, powers and duti~s'prescribed by
Diseased employees in' food' estabIishtnents. See: Food
Regulations
Diseases
Persons with certain diseases at municipal swim-
.,' , :, 'tning pool. See : Municipal Swimming Pools
Dogs, vaccination. See: Animals and, Fowl
Fluoridation of water supply systems. See: Water and
Sewers
Hea~~~ ,department
Defll~E\d .................. 0 0 0 0 0 0 . . . . 0 . 0 0 . 0 0 . . . 0 .
Ge~erllol matters pertaining to departments. See:
'" Department of City
Heat~ ,Qfficer
Defined ............ 0 0 . 0 . 0 0 . . . . 0 . 0 . 0 0 . . . . . . . . . ,0 0
Housing'standards. See: Housing
Joint city-county health department
Budget and expenditure... 0 o. 0 0 0 0 0 0 o. 0 0 000.... .App. D, Art. I, ~ 4
Effective date of resolution. 0 . o. . .. 0 ..0.00. . . . 0 .App. D, Art. I, ~ 6
Financial agreement ...... 0 .. . 0 . 0 . 0 . 0 ..0.. . 0 . 0 o App. D, Art. II
Officers, chairmen, etc. ...00. 0 . . 0 . 0 .. .0 0 0 0 0 . . . . App. D, Art. I, ~ 3
Organization . 0 .. 0 . . . . . . 0 o. . 0 0 . 0 0 0 0 . 0 0 0 . 0 .. 0 . . . App. D, Art. I, ~ 1
Powers and duties 0.... 0 0000000.. 0.0000.0.0.... oApp. D, Art. I, ~ 2
Termination ,of'. ";'0 ; ..' 0 00 .. 0 . . . . : 0 . . . 0 0 0,' '. '; 0 0 . . App. D, Art. I, ~, 5
Milk and milk products. See that title
Nuisances. See also that title
Abatement at expense of city
Authorization; assessml)l).t. of costs .. 0 0" ..0. 0 .
Measures to clean premises and abate nuisances,
adoption ......... 0 0 0 . 0 0 . 0 . ; . ; 0 . . .'. 0 . . . '0 . . . .
Procedure for abatement ..... 0 0 . . . . . . . 0 . . . . . . . .
Standing water .............. 0 . . . 0 . . . . . . . . . . . . 0
Unhealthful structures. See within this title that
subject
Refuse sanitation. See: Garbage and Trash
Sewer connections. See: Water and Sewers
Standing water ... 0 . . . 0 . . . . . 0 0 . 0 . . . . . . . 0 . . . . 0 . . .
Nuisance, declared ;.......... 0 . . . . . 0 . . . . U 0 . 0 . . .
Supp. No. 25
SALINA CODE
HAWKERS. See: Peddlers, Canvassers and Solicitors
1890
section
2-125
15-1
15-2
15-5
15-4
15-3
15-6
15-6
15-6
e
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CODE .INDEX
HEALTH AND SANITATION-Cont'd.
Unhealthful structures
Abatement
Order requiring ...............................
Failure to comply with ......................
Building codes in general. See: Buildings
Dangerous structures
Fire prevention regulations. See: Fire Prevention
Housing code. See: Housing
Hearings
Time, place of ................................
Housing code. See: Housing
Notice
Required ...;.................................
Service .......................................
Nuisances declared, when. . . . . .. .. .. . . . . . . . . . . . . . .
Violations of certain provisions, penalty ..........
HEATING
Gas. See that title
Housing standards. See: Housing
HEDGES. See: Fences, Walls, Hedges and Enclosures
HIGHWAYS
General definitions applicable to streets and sidewalks
See also: Streets and Sidewalks
HOGS
Places where animals kept, etc. See: Animals and
Fowl
Supp. No. 25
1890.1
Section
15-28
15-29
15-27
15-25
15-26
15-24
15~13
1-2
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CODE INDEX
HOLIDAYS
Officers and employees. See that title
HORSES
Animals regulated. See: Animals and Fowl
Traffic provisions regarding animals. See: Traffic
HOSPITALS
Wounds, injuries to persons, reporting ___m_m__h_uum____
HOTELS AND MOTELS
Transient guest tax. See: Taxation
HOUSE MOVING. See: Buildings
Permits for moving through streets. See: Streets and
Sidewalks
HOUSE NUMBERING. See: Streets and Sidewalks
HOUSE TRAILERS. See: Mobile Homes and Mobile
Home Parks
HOUSING
Access
Means of ---_m____u____________________________________m_____m_______m___
Appeals
Housing advisory and appeals board. See within this
title that subject
Attached garages and nondwelling areas __h_m____________
Basements and cellars
Dwelling units in basements and cellars ___________m__.__
Use and occupancy regulations m_________m_______________
Bathing facilities
Requirements ________________________________
Building code, other. See: Buildings
Building inspector
Responsibility for enforcement __________________
Service of complaint or order __________________________
Compliance with provisions
Required ______________________________________
Conflict of provisions
Effect of -_________mh_m___________________________
Definitions ________________ _______
Drainage
Requirements _______________________________
Emergency abatement __________m________________
Enforcement of provisions
Responsibility for ________________________
Supp. No. 24
1891
Section
23-154
16-7,1
16-76
16-60
16-55
16-62,16-66
16-19
16-28
16-2
16-6
16-4
16-75
16-29
16-19
SALINA CODE
HOUSING-Cont'd.
Equal opportunity and affirmative action. See that
title
Floor area and ceiling height
Requirements _____________________________________________
Garbage and trash. See also that title
Receptacle requirements _________m_________________m_________m
Garbage and trash disposal. See: Garbage and Trash
Heating
Use and occupancy requirements ----------------------
Housing advisory and appeals board
Appeals
Conduct of hearing appeals, procedure -----------
Decision of board, appeals from ------------------------
Effect of failure to appeal _m_______mm______________
Form of appeals ______________________
Right of appeals _______________m_____m_______
Scheduling and noticing appeal for hearing _m___
Scope of hearing ----------------------
Stay order _____________________________
Appointment of members ----------
Decisions of board
Appeals from _m___________________m___
Established __________ ---------------
Powers and duties _____________
Procedure ------------
Inspections
Authorized
Kitchen sinks
Requirements
Lavatory facilities
Requirements
Lighting
Use and occupancy requirements -----
Lighting of toilets and bathrooms ----~
Maintenance and repair
Natural light and ventilation requirements
Nuisance
Violations declared
Owners, occupants
Main~nance and repair
Responsibility generally
Plumbing
Maintenance
Potier and purpose of provisions declared
Private awimmin&, pools. See: Swimming Pool.
Supp. No. 24
1892
Section
16-61
16-73
16-56
16-36
16-37
16-33
16-31(2)
16-31(1)
16-31(3)
16-34
16~35
16-30
16-37
16-30
16-30
16-31
16-21
16-64
16-68
16-59
16-72
16-8
16-57
16-5
16-8
16-7
16-70
16-3
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CODE INDEX
HOUSING-Cont'd.
Privies --n-m__m___n_________________m_nn_
Requirements. See: Water and Sewers
Provisions
Compliance required -mm-------___m___nm__n__n__m_nnm__mn
Enforcement --------m--n-__n_m___nm________nnn______m.m____n___n
Policy and purpose declared m___m_m_m_____m__
Recommendations, may make --mm_m_m_m__..___m__m____
Scope, applicability of use and occupancy regulations
Short title cited m-n----mmnm_h__m_mm__mn______n__mm__m____
Stay order --mn____nnh____hm________n_mn_m___.._. n____m_______________
Toilet facilities
Use and occupancy requirements --_m____n______m____mn__
Unfit dwellings
Conditions making structures unfit for human use
or habi ta tion __mn___m_n___. -______mmnm____nm___m_____
Designation, condemnation of m____nm___m____nn___________n
Order to repair, remove or demolish --m_______nm_m
Procedure for repairs or demolition m____________nm__m___
Unlawful housing practices. See: Equal Opportunity
and Affirmative Action
Use and occupancy regulations
Generally ---------------__mnn__m___m__________mn_ __n___m___m_
Violations
Notice of violations
Contents of notice ----m--m_mn___m_________m_______nn_m__
Required -------m-h-m__m_________nm__nmh_n___nm___n___. ________
Service -..----------h_--------n___m___m___mhnm___m___mn__m
Nuisance declared -h_mn__m____mh_mm__m ___n__n____m
Water and sewers. See that title
Water heating facilities
Use and occupancy requirements
Windows and doors
Requirements mm_____nhn__m____n_._n_________._ ________mm_h___n
Zoning. See that title
HUMAN RELATIONS COMMISSION
Equal opportunity and affirmative action. See that
title
HUMAN RELATIONS DEPARTMENT
Equal opportunity and affirmative action. See that
title
I
ICE CREAM
Milk and milk products. See that title
Supp. No. 21
1893
Section
16-71
16-2
16-19
16-3
16-20
16-54
16-1
16-35
16-63, 16-67
16-27
16-24
16-25
16-26
16-54 et seq.
16-23
16-22
16-23
16-5
16-65
16-58
SALINA CODE
ICE CREAM VENDORS
Licenses and license fees. See: Licenses, Certificates,
Etc.
ICE REMOVAL. See: Streets and Sidewalks
ICEBOXES
Abandoned iceboxes and similar containers. See that
title
Supp. No. 21
1894
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OODE INDEX
IMPROVEMENTS
Comprehensive plan. See: Planning
"IN THE CITY"
Defined _ __ ----------m--___m_______________m______m________m_________
INDECENCY AND OBSCENITY
Ad ul tery ---------m---------m---m-__m___m____m_____m_________m__m____m
Bawdy houses
Freq uen ting ------------m--------m___mm_____________m____m__m_________
Keeper, person deemed as --m--___m__m_________mm_________m__
Keep ing -m__------______m______m___m_______m_______________________m_________
Leasing, letting premises for --_______m____m____m______________
Soliciting, inducing male persons to enter place of ____
Concubinage. See within this title: Prostitution
Fornication. See within this title various subjects
Gambling. See that title
Illegal dances. See: Dancing and Dance Halls
Indecent expo sure --------m---------m________________m____________m____m__
Lewd and lascivious behavior -_m____m____________________m_________
Indecent or obscene performances
Carnivals, circuses and tent shows. See that title
Lewd acts, committing or offering to commit __m_______
Co ha bi ta tio n, lewd _m___________________________________________________
Lewd shows, exhibitions, advertisement, etc.
Exhibiting, performing, etc. ----------m______m__m________m_
Municipal swimming pools, restrictions. See: Munici-
pal Swimming Pools
Music machines, playing indecent words on. See:
Coin-Operated Machines and Devices
o bs cen e advertising ------m-__________m__________m_______________________
Obscene literature
Dis tri bu tio n -----------------m--------------______________________m___m__
Pictures, postcards, other items -----_____________m_____________
Prohi bi ted, generally m__________________________________________________
Pu bl ica tio n ----m------__m_______________________________m____________
Purchase, requiring ________________________________________________
Test, a pplica tio n m-----------______________________________m___________
Obscene writings, picture on walls, structures, etc. __
Peeping toms -----------------------------------------_____mm__________
Perversion
Lewd and lascivious behavior. See within this title
that subject
Offering to commit, etc. -------------___m__________m_______________
Pimps and procurers for -------------------------_____m______m______
Pimps and procurers m______________________________________________
Prostitution. See also within this title that subject
SuPp. No. 17
1895
, Section
Section
23-68
23-80
23-71
23-69
23-70
23-92
23-79
23-68.2
23-72
23-68
23-81
23-81
23-84
23-86
23-83(1)
23-84
23-85
23-83(2)
23-87
23-88
23-72
23-89
23-89
1-2(8)
SALINA CODE
INDECENCY AND OBSCENITY-Cont'd.
Profane, indecent language in certain amusement
places. See: Billiards, Pool and Shuffleboard
Prostitute
Maintaining -----------------------------------------------------------------
Prostitution
Associating with undesirable persons. See: Vagrancy
Committing, offering to commit ----------------------------------
Females, procuring and inducing for -------------------------
I,
:-,'( I:.
Supp. No. 17
1896
Section
23-80
23-72
23-80, 23-90
e
CODE INDEX
e
INDECENCY AND OBSCENITY-Cont'd.
Keeping places for ______________________________
Lewd and lascivious behavior. See within this title
that subject
Taxicab restrictions. See: Taxicabs
Scandalous conduct ____________________________________________
Signs, obscene matter on. See: Buildings
Sodomy
Lewd and lascivious behavior. See within this title
that subject
Street walking
Generally ______________________________________________________________
Prostitution. See within this title that subject
Telephone calls, indecent or threatening _______________h______
Unlawful cohabitation ___________________________________________
Vagrancy provisions. See : Vagrancy
INDUSTRIAL DEVELOPMENT AUTHORITY
Compensation __________________________________________________
Created ____________________________________________________
Duties ______________________________________________
Expendi tures ----------------------------------------------------------
Approval, payment of _______________________"________________
Desirabili ty ______ _____ _______________________________________________
Meetings ____________________________________________________________
Membership ____________________________________________________________
Organization, officers of __________________________________________________
Proceedings m________________________________________ ____________________________
Records _____________________ -__________________m____________________________________
Vacancies ______ --------------------___________________m__________________________
e
INOPERABLE VEHICLES
Administrative procedures _______________________________________________
Authority to regulate provisions ___m___________________________
Defini tions ---------_______________________h____________________________
Governing body, findings of _____________________________________
Motor vehicles, generally. See: Motor Vehicles
Presumptions that vehicle is inoperable
Enumeration of conditions _____h_________________h____________
Prohibitions
Enumera ted ______________________________________________________________
Screening
Businesses to be in compliance with existing zoning
regula tions __m_________________h__ _ ____ ____ ____ __m_______ ___ ___ _______
Temporarily disabled vehicles
Provisions ________________ ___________ ________ ___ ____ ___________________________
Violations
Penal ties ________ _____________________________________________________________
Zoning. See that title
Supp. No. 12
1897
Section
23-91
23-68
23-96
23-151
23-68.1
17-4
17-1
17-7
17-8
17-9
17-8
17-6
17-2
17-5
17-6
17-6
17-3
23-177
23-179
23-172
23-171
23-176
23-173
23-175
23-174
23-178
SALINA CODE
INSECTS
Pest control. See that title
INSPECTORS
Service department. See that title
INSTRUMENT MEN
Service department. See that title
INSURANCE
Bail bonds, surety companies providing. See: Police
Court
Old records, destruction. See: Public Records
Payroll deductions of officers and employees. See:
Officers and Employees
INTERSTATE COMMERCE
License provisions. See: Licenses
INTOXICATION AND DISORDERLY CONDUCT
Alcoholic beverage premises. See: Alcoholic Beverages
ITINERANT MERCHANTS. See: Peddlers, Canvassers
and Solicitors
ITINERANT RESTAURANTS
Food regulations. See that title
J
J AIL. See: Prisons and Prisoners
JOHNSON GRASS. See: Weeds and Brush
JOINT AUTHORITY. See: Officers and Employees
JUKEBOXES. See: Coin-Operated Machines and Devices
JUNK AND JUNK DEALERS
Automobile junk dealers
Classified u__u________uuumuu_m__m________________uu__m_____u______u
Automobile junk parts dealers
Classified __Un_um___ UUUUUn_mmu___muu___u___u___uu_______mu
Classification of licensees um____uum____mmu__muu_ mu______m
Collector's license. See within this title: Licenses
Fencing, screening of junkyards m__m____m_m_umm_______
Inoperable vehicles. See that title
Junk buyers
Classification of m______mm__m__mu_ __mmu________m_uu___n
Junk collector
Classified _mm__m_mm__mmmu_mUn_m____u_m___umuumuu_u
Junk dealers
Classification of u___um n_u__u______u_m____h_________mu_ _m__u____
Supp. No. 12
1898
Section
18-5(5)
18-5(6)
18-5
18-13
18-5(2)
18-5 (3)
18-5(1)
e
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CODE INDEX
JUNK AND JUNK DEALERS-Cont'd.
Junk, defined ____________________________m____m________m_____________
Licenses. See also: Licenses, Certificates, Etc.
Additional for separate place of business _______________m
Application ___________________________________________________________
S ubmission, approval ------------------ ----------- ----------- ------------
Collector's license
Required for each vehicle --------------------------------------------
E;lCpiration _________________________________________________________
Fee schedule ________m_________________________________ -- ----------------
Fees
Payment, prorating, etc. ----------------------------------------------
Required _________m___________________________________________
Revocation and/or suspension ---------------------------------------
Scope of ________m_____ m________________________________________________
Paper junk dealers
Classified ________________m__________________________________________
Reports to police _____m_______________________________________________________
Storage
Regula tions for _____________________________________________ -------------------
Time limitations on keeping of articles -----------------------
Unlicensed location --------------------------------------------------------
Zoning, as to ___________________________________________________________________
See also: Zoning
JURISDICTION
Police power extended over airport. See: Airports and
Aircraft
Police power extended to city property -------------
JUVENILES. See: Minors
K
KANSAS, STATE OF. See: State
KNUCKS. See: Firearms and Weapons
L
LAMPPOSTS. See: Poles, Wires, Conduits, Etc.
Section
18-1
18-10
18-3
18-4
18-9
18-8
18-6
18-8
18-2
18-11
18-7
18-5(4)
18-14
18-13
18-14
18-12
18-13
LANES
General definitions applicable to streets and sidewalks 1-2
See also: Streets and Sidewalks
Supp. No. 12
1898.1
1-10
e
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CODE INDEX
LA W DEPARTMENT
City attorney. See also that title
General matters pertaining to departments
See: Departments of City
Personnel specified ___
Police judge
Powers and duties _
Purpose _
of city.
LA WYERS
City attorney. See that title
LEWD AND LASCIVIOUS BEHAVIOR. See: Indecency
and Obscenity
LIBRARIES
Board
Appointment n_Un__uuuu___mnnm___m_ mum_mmuu_____
Budget and tax levies _mum____m_m muum____m_uu
Chairman, secretary and treasurer ___m_m__
Compensation __u --num___m_m____mm_____muu__uuu_______
Composition ____ ----m----_mmmu___m____m____nm__m___mu
Corporate status, powers, title, etc. u
Mayor as ex officio member u m _m u
Meetings
Date, place of ___m
Special meetings
Calling __mmmn_mumm_uu_
Notice of mm-__mm_____m_m_mumm_mum____mummum
Organization, officers of _n__m__mmmUM -___n__m__mn
Other city offices, members holding _mm_umm
Powers and duties in general ___mnumu__m__m_
Real property, dealing in____n__m___nmmn_m_u
Residence of members __ mm_m__mm__
Terms of members __mun_m__
Number of terms on board limited __ ____m_mnm_un
Treasurer
Bond of m_m_n_m_
Duties of nnmmum__mm_ mmm____mm___m_______mmu_mm
Vacancies, filling_nm _mn_m_______m____n_m_
Books, other property
Damaging Un_ -_mu______m__nmm___m_m__uuu
Failure to return books after notice ___mu_m_m
Stealing, taking of
Budget and tax levies __n_
Penalties
Authorization
Use of library 00
1899
Section
2-94(1)
2-109
2-103
19-2
19-19
19-12
19-9
19-1
19-10
19-4
19-13
19-13
19-14
19-12
19-5
19-15
19-11
19-6
19-3
19-8
19-16
19-17
19-7
19-33
19-32
19-31
19-19
19-30
19-18
SALINA CODE
LICENSES, CERTIFICATES, PERMITS, ETC.
Advertising, various licenses. See: Advertising
Alcoholic beverages. See that title
Amusement permits. See: Amusements
Applications
Fee to accompany ------- --------------------------
Required ___________n_________________n_____nn_n_________n___nn______________n
Apprentice electrician. See: Electrical Code
Arcades. See that title
Automobile junk dealers. See: Junk and Junk Dealers
Basements and cellars, constructing under public ways.
See: Streets and Sidewalks
Beer. See: Alcoholic Beverages
Beginning business between due dates __________________mn_____
Billiards, pool and shuffleboards. See that title
Bonds of contractors, licensees, etc.
Surety requirements. See: Bonds
Buses. See : Vehicles for Hire
Business subject to inspection ___________n___
Carnivals, circuses and tent shows. See that title
Carrying, exhibiting _______m_____________n_________m____________nn_______
City clerk, duties relative to finances, etc. See: City
Clerk; see also: Finances
Coin-operated machines and devices. See that title
Compliance _________m____________n____________m_____m___________m____n_n____
Contents ________________n____ _____________n______n_______________________
Contractors
Electrical contractors. See: Electrical Code
Dairies. See: Milk and Milk Products
Delinquencies
Penalty n _ nn _________ _nn
Dog registration. See: Animals and Fowl
Due dates
Beginning business between ________________________nn
Each place of business, separate license required ----
Electrician. See: Electrical Code
Entertainment in food establishments. See: Amuse-
ments
Exemptions _______________ _____________nn ________nn_____________
Producers, growers, etc. nn_______________________n_ _nn____________
Veterans ----------------------
Exhibiting n_____________n_____________________n_______n______________n____n_____
Fee
Advertising on street _______n___n______ __m__n____________mnm__
Amusement devices _____________n___n______________________________nn__
Annual ______n__________n________n_n_____________n_____________________m__________
Application, to accompany ____________n_________________wnm__
Arcades ____n_______________________________ _________n______nnn______
1900
Section
20-3
20-2
20-9
20-12
20-13
20-1,20-23
20-7
20-10
20-9
20-16
20-19
20-19
20-11,20-13
20-11,20-13
20-66
20-58
20-8(1)
20-3
20-37
e
SUPPLEMENT TO CODE INDEX
e
(
LICENSES, CERTIFICATES, PERMITS, ETC.
Elevators and elevator installations. See that title
e
Supp. No. G
1900.1
e
CODE INDEX
LICENSES, CERTIFICATES, PERMITS, ETC.-Cont'd.
Producers, growers, etc.
Exemptionsm-- m______mm___
Required _______..________m_____.__m___m______n.
Shuffleboards. See: Billiards, Pool and Shuffleboard
Sign businesses. See: Buildings
Sound trucks. See: Advertising
State licenses. See also that title
Swimming pools. See that title
Taxicabs. See that title
Tent shows. See: Carnivals, Circuses and Tent Shows
Trailer parks. See: Trailers and Trailer Parks
Transferability n m____m______mmn____________
Tree trimmer's license. See: Trees and Shrubbery
Vehicle for hire. See that title
Veterans exemptions
Violations
License not to authorize ___m__n____m_______._m__
Penal ties m_m________m__n_____m.___ _ ______n______m mnnn__mm
Wine. See: Alcoholic Beverages
e
LIQUEFIED PETROLEUM GAS
Fire prevention code. See: Fire Prevention
Pipes and piping facilities. See: Gas
Rules and regulations
Adopted
Violations, penalty
LIQUOR
Driving under influence. See: Traffic
Intoxicating beverages. See: Alcoholic Beverages
LITTERING
Circulars, handbills, advertising matter. See: Adver-
tising
Garbage and trash. See that title
Refuse, depositing in parks. See: Parks, Playgrounds
and Recreation
Streets. See: Streets and Sidewalks
LIVESTOCK
Places where animals kept. See: Animals and Fowl
LOANS
Discriminatory practices deemed unlawful. See: Fair
Housing
e
LOITERING
On grounds of schools or institutions deemed unlawful -
Trespassing. See that title
Vagrancy provisions. See: Vagrancy
Supp. No. 11
1903
Section
20-19
20-1
20-14
20-20
20-22
20-24
12-139
12-140
26-114
SALINA CODE
LOTTERIES. See: Gambling _, Section
LOUDSPEAKERS
Hours of use regulated. See: Advertising
Licenses and license fees. See: Licenses, Certificates,
Etc.
LUNCHROOMS
Food establishments. See that title
M
MALICIOUS MISCHIEF AND VANDALISM
Boundary or grade markers
Damaging or removing _m_______mummunu___n_________________
House a,nd street numbers
Damaging or removing _________________________________________________
Injuring, damaging, destroying property of another
Generally --------------------------------------_________m_________________m__
Library books, damaging. See: Libraries
Park property, damaging. See: Parks, Playgrounds
and Recreation
Parking meters, inserting slugs in. See: Traffic
Traffic-control devices, damaging. See: Traffic
Water and sewer meters and facilities
Tampering with. See: Water and Sewers
Water system property. See: Water and Sewers
MALT BEVERAGES. See: Alcoholic Beverages
MANAGER. See: City Manager
MANUFACTURERS
Alcoholic beverages. See that title
MAPS
Comprehensive plan. See: Planning
Flood control system. See: Flood Control
Setback lines. See: Planning
Zoning. See that title
MARBLE MACHINES
Licenses and license fees. See: Licenses, Certificates,
Etc.
MARQUEES
Construction. See: Buildings
MASTER PLAN. See: Planning
Supp. No. 11
1904
23-17
23-18
23-23
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CODE INDEX
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LICENSES, CERTIFICATES, PERMITS, ETC.-Cont'd.
Astrologists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Auction rooms or consignment auctions ...........
Auctioneers ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Auctions
Vehicle auctions at wholesale. . . . . . . . . . . . . . . . . . .
Beer.......................................... .
Biannual .......................................
Billboards ......................................
Billiard or pool table ...........................
Bowling alleys ..................................
Canvassers .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cereal malt beverages ...........................
Circuses, carnivals and tent shows ...............
Clairvoyants, fortunetellers, etc. ................
Clerk to receive and pay over ....................
Dances, public ..................................
Deposit of ......................................
Double, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Electricians ....................................
Fortunetellers ..................................
Gas fitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ice cream vendors ...............................
Junk dealers. . ... .. . . . .. . . . .. . . . .. . . . . . . .. .. . . . .
Loudspeakers ...................................
Marble games ..................................
Merry-go-rounds ................................
Mindreaders ....................................
Mobile home courts ............................
Monthly .......................................
Museums .......................................
Music machines. . .. .. . . . . . . . . . .. . . . . . .. . . . . . .. . .
Opera houses ...................................
Palmists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pawnbrokers ...................................
Permits when not obtained in time .... . . . . . . . . . . . .
Photographers, itinerant ........................
Pinball machines ...............................
Plumbers .......................................
Pool or billiard table . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pool table, miniature ............................
Recovery by suit ...............................
Refund .........................................
Scope ..........................................
Shooting gallery ................................
Shuffleboard ...................................
Skating rinks ...................................
Supp. No. 25
e
1901
Section
20-48
20-39
20-38
20-69
20-40
20-8(2)
20-41
20-61
20-42
20-43
20-44
20-45
20-48
20-4
20-46
20-5
1-11
20-47
20-48
20-49
20-50
20-51
20-52
20-58
20-53
20-48
20-54
20-8(3)
20-55
20-56
20-68
20~48
20-57
1-11
20-59
20-58
20-60
20-61
20-62
20-25
20-15
20-36
20-64
20-63
20-65
.SALlNA.CQDE
LICENSES, CERTIFICATES, PERMITS, ETC.-Cont'd.
Stre.et advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Street parades .................................
Taxicabs .......................................
Theaters .......................................
Trailers. See within this subtitle: Mobile Home
Courts
Vehicle auctions ................................
Vehicles for hire ...............................
Weekly ........................................
Flood protection works permit. See: Flood Control
Food establishment permits. See: Food Regulations
Food establishments, entertainment in. See: Amuse-
ments
Food vending machines. See: Food Regulations
Forfeiture ........................................
Freight vehicles. See: Vehicles for Hire
Garbage haulers, private. See: Garbage and Trash
Gas drilling. See: Oil and Gas Drilling
General electrician. See: Electrical Code
Going out of business sales. See that title
Interstate commerce provisions ....................
Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jukeboxes. See: Coin-Operated Machines and Devices
Junk and junk dealers. See that title
Loudspeakers and sound trucks. See: Advertising
Master electrician. See: Electrical Code
Mechanical contractors. See: Mechanical Code
Merchant or private policemen. See: Police Depart-
ment
Milk and milk products. See that title
Mobile home craftsmen license. See: Mobile Home
Contractors and Craftsmen
Mobile homes and mobile home parks. See that title
Moving of buildings. See: Streets and Sidewalks
Music machines. See: Coin-Operated Machines and
Devices
Oil drilling. See: Oil and Gas Drilling
Old records, destruction. See: Public Records
Other regulations, effect ..........................
Paper and junk dealers. See: Junk and Junk Dealers
Parade permits. See: Traffic
Peddlers exemptions ..............................
Penalties
Violations ......................................
Planning commission consideration of building per-
mits. See: Planning
Supp. No. 25
1902
Section
20-66
20-66
20-67
20-68
20-69
20-70
20-8(4)
20-17
20-18
20-6
20-21
20-19,20-20
20-24
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CODE INDEX
LICENSES, CERTIFICATES, PERMITS, ETC.-Cont'd.
Plumber's licenses, certificates, etc. See: Plumbing
Poolrooms. See: Billiards, Pool and Shuffleboards
Posting, exhibiting ................................
Private garbage haulers. See: Garbage and Trash
Private policemen. See: Police Department
Procession permits. See: Traffic
Section
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e
Supp. No. 25
1902.1
20-11
CODE INDEX
e
MAYOR
City commission. See that title
Civil disobedience provisions. See: Civil Disobedience
MEAT AND MEAT PRODUCTS
Food regulations. See that title
Places where animals kept. See: Animals and Fowl
e
MECHANICAL CODE
Adopted .........................................
Amendment of Chapter 3, Table 3A ...............
Bond requirement ................................
City codes, board of examiners to conduct examina-
tions on contents of. See: Mobile Home Crafts-
men
Department of permits and inspections
Inspection by ...................................
Exemptions from new contractor fee ...............
Inspections
Concealing work before .........................
Department of permits and inspections, inspection by
Required inspection and approval .................
Insurance requirement for mechanical contractors ...
License
Mechanical contractor's license
Application ..................................
Established ...................................
Fees........................................ .
Required .....................................
Records required ................................
Permit
Required ......................................
MECHANICAL VENTILATION
Housing, definitions and regulations regarding. See:
Housing
MEDICAL EXAMINATIONS
Food employees. See: Food Regulations
Health and sanitation. See that title
Supp. No. 25
e
1904.1
Section
9-440
9-440.1
9-449.2
9-447
9-449.3
9-449
9-447
9-448
9-449.1
9-444
9-441
9-443
9-442
9-446
9-445
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e
e
CODE INDEX
MERCHANT POLICE. See: Police Department
MERRY-GO-ROUNDS
Amusements. See that title
Carnival, circuses and tent shows. See that title
Licenses and license fees. See: Licenses, Certificates,
Etc.
MILITARY
City-County civil defense. See that title
MILK AND MILK PRODUCTS
Barns, stables, etc.
Floors and gutters n________m___ ----m_____n_n____m________________m
Keeping of animals, generally. See: Animals and
Fowl
Other livestock in __m -----___n____m__ __m________________n_______n____
Water supply ____n_______ -n----m--------__________________________m__nm__
Brucellosis testing -------------------------------------------_________________n_
Code. See within this title: Ordinance and Code
Cows excluded from herds _n____m --____________m_
Defini ti ons -______________ _ _______ _ __n ______________ __m____m
Diseased animals
Generally. See: Animals and Fowl
Reactors
Disposal of -----------------------------___n___________________n_______
Transporting through streets. See: Streets and Side-
walks
Food regulations. See also that title
Grades permitted --n-n_m________nn___________nm_m____________
Health officer approval ____ --m---m-nnn_m_______m__nn________n_
Inspections and tests
Additional, examinations _______n________
Brucellosis ---_____________________ _____nm______ -----_____n____m________n___
Sanitarian to make ________n ---------m--______n____n__n_____m_______
Tuberculin ___n_____ __n___________n_______ _ m--m___m_________n_________n____
Licenses
Omitted statute provisions -----------m_______________m____________
Limits of routine inspection
Defined_____ _____n____
Ordinance and code
Adopted ----_________m_____ -___nn_______n_ -nn__m______________nm__n______
Pasturization, defined n__n __ m__n____________________m____
Portion amendments n______n __ _ n__________________ _____m_____n____
P orti on om i tted n____m___n___n______ _ nn_n_____m_m____________n ______
Statutes. See also within this title that subject
1905
Section
14-78
14-79
14-80
14-75
14-76
14-16
14-77
14-84
14-85
14-77
14-75
14-83
14-74
14-69
16-16(1)
14-70
14-73
14-72
14-71
SALINA CODE
MILK AND MILK PRODUCTS-Cont'd.
Pasteurization
Defined --------------- -------------------------------------- ------------------------
Milk to be certified, pasteurized or grade A pasteur-
ize d ____ __ _ _ ___00 _ __ ____ _ _ __ ____ ____ _m___ --- -- --------- - --------- - - --- --- - ---- ----
Requirements _ _ ---- - --------------------------------- ------------------
Penalty provisions, omitted from statutes --------
Permits
Applications
Examination --- -------- --- -- ------- -------------- ---------------- -----------
Fees _____________ - - ---------------- --------------------------------------------------
I ss uance 00--------------------------------- - ------------------------ --------------
Required, contents --- -----------------------------------------------------
Required ------ ---- ----------------------- --------------------------- --------------
Permitted grades -------------------- ---------------------------
Police jurisdiction
Defined --
Raw tanks
Cleanliness of --- ---------------
Statutes
Adopted - ----------------------- ------------------------------------
Om i t ted proVISl ons ----------------------------------------------------------
Ordinance and code. See also within this title that
subject
Tuberculin tests and certification m__________m_____n_______________
Unwholesome, adulterated food or drink. See: Food
Regulations
Vending machines for milk dispensing. See: Food
Regulations
MIND READERS
Licenses and license fees. See: Licenses, Certificates,
Etc.
MINORS
Alcoholic beverage regulations. See: Alcoholic Bever-
ages
Amusement places, various regulations. See: Amuse-
ments
.see also different types of amusements
Curfew
Established ______m____ - ___________m_______________
Par en tal responsi bili ty ------00 --00----------- -----------------------------
Driver's license regulations. See: Traffic
Poolroom regulations. See: Billiards, Pool and Shuffle-
board
Traffic violations. See: Traffic
MISDEMEANORS. See: Offenses
1906
Section
14-73
14-81
14-75
14-69
14-93
14-94
14-93
14-92
14-91
14-84
14-66 (3)
14-82
14-67
14-68,14-69
14-74
23-149
23-150
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e
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CODE INDEX
MOBILE HOME COURTS
Licenses and license fees. See: Licenses, Certificates,
Etc.
MOBILE HOME CONTRACTORS AND CRAFTSMEN
Board of examiners for mobile home craftsmen
Created; m embership _m________________n~m_____nnm___________m_m
Examinations
Board to conduct; scope ______________mm_nnm________mnm
Meetings, holding _____________________mm_____nm_____m__m_mm__
Bond requirement __m___m____m_n________mm____________________ _n_____
Certificate of approval
Required before setting meters or connection m_________
Classes of mobile home craftsmen established m
Contractors
Required to employ master mobile home craftsmen
Examinations. See also within this title: Licenses
Board of examiners for mobile home craftsmen.
See within this title that subject
Gas. See that title
Inspections
Approval required n__________________________________n__m________________
Calls for _______________________________________________________m______
Concealing work before _m_m___m___________m_________m_m____nn
Inspection department to inspect _____ _____________________n___
Required _______________________________m________________m_______m__________m_
Insurance ________________________________________________m___mm_m________
Licenses
Applications for craftsmen licenses _mmm__m__mnnnn
Applications for mobile home contractors' licenses
Bond requirement _________m_m___m__mm_m_m__m_mm__m__n_
Fees generally _n_________________n___n_____n_______nm________________
Expiration ______________________________________________ __________m_______------
Fees generall y ______mm________m_______m_____mnm__mmnmnn _ __
Insurance requirement ____m_mmn____m____m_m__ _______m______
Issuance ____m__________m_m___________________m_m_____________
Required m_______n_______________________________________________m_m__________
Revocation or suspension of mobile home craftsmen
license ____________________m_________ n_______m________________ ____n________
Nonresident mobile home craftsman _______n______________________
Permits
Fees established _____m__ ____________m___m__m_______________m_____nn
Payment of fees; failure to pay n_____n___________________
Record of permits required _____________m___ _______un______n_____
Required ________________________________________________________m__________________
When not required m_n__m__mmmnm___mm__________________
Plumbing. See that title
Supp. No. 21
1907
Section
9-415
9-417
9-416
9-430
9-428
9-414
9-431
9-426
9-432
9-427
9-425
9-426
9-429
9-412
9-413
9-430
9-412
9-412
9-412
9-429
9-418
9-411
9-419
9-433
9-428
9-424
9-422
9-420
9-421
SALINA CODE
MOBILE HOMES AND MOBILE HOME PARKS
Addresses
Posting. See within this title: New Parks or Park
Expansions
Alteration of systems of mobile homes ___m__n
Building permits
Responsibility of mobile home park owner re
D efini tions __m____________________n___mm___mmm___ ___ _ _ __________h_
Drainage ___________________m_____________h_m__________m_______m_______
Electrical distribution systems for mobile home parks
Electrical service
Responsibility of mobile home park owner m__m________
Environmental standards m__m_m_ m_mmm__m____
Expansions of park. See within this title: New Parks
or Park Expansions
Fire protection systems for mobile home parks _____
New parks or park expansions. See also within this
title that subject
Garbage, trash and refuse
Duty of mobile home park owner to provide for
storage, collection, etc. u__ 00 nm____m___________
Gas distribution systems' for mobile home parks _moo
General regulations applicable to mobile homes and
owners. See within this title specific subjects
Licensing of mobile home parks
Expiration, renewal of license, renewal fee
Fees _mm_m_____m_m____hh__mm_m_m____m_________m_________
License required mmmm____mm_m_______________m__mmm
Mobile home courts. See also: Licenses, Certificates,
Etc.
Posting license _m____m__m______________________n_m________ m_______
Revocation of license m_mm____hn_____mm__mm_____n___m____n
Lighting
New parks or park expansions. See within this title
that subject
Location of mobile homes ____nm____m__mn___n__n____
Map of park
Responsibility of mobile home park owner to keep
Mobile home courts
Licenses and license fees. See: Licenses, Certificates,
Etc.
Mobile home stands
New parks or park expansions. See within this title
that subject
New parks' or park expansions
Compliance with zoning __moo m____mmmmm_mn
Construction standards
Supp. No. 21
1908
Section
21-14
21-17(1)(h)
21-1
21-15(1)
21-19(3)
21-17(1) (c)
21-15
21-19(5)
21-17(1)(f)
21-19(1)
21-18(3)
21-18(2)
21-18(1)
21-18 (4)
21-18( 5)
21-12
21-17(1) (e)
21-30
21-32
e
e
e
MOBILE HOMES AND MOBILE HOME PARKS-
Cont'd.
Development requirements __________________________________
Fire protection --------------------__h_______m_________________ n___
Lighting ------------------------------h______________m___________ ___n__ _ ___ ____
Mobile home service lines --------m--m--__________mn______m_.'
Mobile home stands -----mm____nm_______m___________________
Park plan mm---------__________________m_____________m___________________n_
Posting of addresses -n___________nm_______________________
Streets, public --m-----------____m_________mm__m_
Zoning, compliance with m_m_______
Nuisances
Parks to be maintained free of public nuisances __n
Owners of mobile home parks
Responsibilities of
Building permits for accessory buildings or struc-
tures, obtaining -h-----n--_____n________________m_____m______
Electrical service, providing _____en __________________
Garbage, trash and refuse
Providing for storage, collection and disposal of
Initial connections -----------m-m---____m______n_____n____m_____
Inspections of mobile home installations and lots
Licenses
Obtaining required licenses -------m_____________mm____
Locating and securing units ______m_______ _n________________
Map of park, keeping _____________________ ------________m________
Register, keeping ___n___________________ ---n___m__________m____
Owners of mobile homes
Responsibilities of
Acquiring necessary permits --________n______________________ 21-17(2) (a)
Power supply cords -m-----------m-mm------___________m___21_17(2) (b), (c)
Skirting mobile homes --_m______m_____________________ 21-17(2) (d)
Park service distribution systems
Electrical -----------------------------------------__nm___nm___________m______
Fire protection ----.---------.h--m--__h_h_____h_____________m______n_____
Gas --------h--------n---_h__h_______h____h__h________________----___m____n___
Sanitary sewer system -----h------..m____________.------h-_mh_n
Water hn---------_h_h________h_____h__________________________h___m_h______n
Parking regulations'
Zoning provisions. See: Zoning
Penal ties --------------h---______hm_____m___h_______________________ ______________
Permits
Responsibilities of mobile home owners ____m______m____
Placement of mobile homes --------_m_m_mm________________________
Power-supply cords
Mobile home park owner's responsibility n __m__ n-__21-17(2) (b), (c)
Register of mobile home park
Duty of mobile home park owner to keep ______________
Supp. No. 21
CODE INDEX
1908.01
Section
21-30
21-32(3)
21-32( 4)
21-32(5)
21-32(6)
21-31
21-32(7)
21-32
21-30
21-15(2)
21-17(1) (h)
21-17(1) (c)
21-17 (1) (f)
21-17(1) (b)
21-17(1) (i)
21-17(1)(g)
21-17(1) (a)
21-17(1) (e)
21-17(1) (d)
21-19(3)
21-19(5)
21-19 (1)
21-19(4)
21-19 (2)
21-43
21-17(2) (a)
21-13
21-17(1) (d)
SALINA CODE
MOBILE HOMES AND MOBILE HOME PARKS-
Cont'd.
Responsibilities of mobile home owners and mobile
home park owners _____________________________________u_m______u_m_
Sanitary sewer systems for mobile home parks ___u_mu
Skirting mobile homes
Mobile home park owner's responsibility ___mu_____u_
Storm protection, storm shelters _____u_______m_m_mm----u--
Streets, public
New parks or park expansions. See within this title
that subject
Utilities
Park distribution systems (gas, electrical, water
and sewers, etc.) u__m_u_mm________mm__u___u_mmm--
Violations, penalties u_uum____mm-mm--u-------m-------u-m--
Water distribution systems for mobile home parks
Zoning provisions
Compliance with. See within this title: New Parks
or Park Expansions
MOBS
Assemblies. See that title
Civil disobedience. See that title
Disorderly conduct. See that title
Riots. See that title
MONEYS OF CITY. See: Finances
MORALS
Offenses against. See: Indecency and Obscenity
MOSQUITOES
Pest control. See that title
MOTION PICTURE THEATERS
Amusement permits, regulation. See: Amusements
Dogs entering public buildings. See: Animals and
Fowl
Marquee construction. See: Buildings
MOTOR BUSES. See: Buses
MOTOR VEHICLES
Amusement permits, regulation. See: Amusements
Authority to commandeer at fires. See: Fire Depart-
ment
Automobile junk dealers. See: Junk and Junk Dealers
Freight vehicles. See: Vehicles for Hire
Gasoline sales on streets regulated. See: Fire Preven-
tion
Supp. No. 21
1908.02
Section
21-17(1), (2)
21-19 (4)
21-17(2) (d)
21-16
21-19
21-43
21-19(2)
e
CODE INDEX
MOTOR VEHICLES-Cont'd.
Inoperable vehicles. See that title
Junk collector's license on vehicle. See: Junk and Junk
Dealers
Licenses and license fees. See: Licenses, Certificates,
Etc.
Private garbage haulers. See: Garbage and Trash
Taxicabs. See that title
Traffic. See that title
Transportation of alcoholic beverages. See: Alcoholic
Beverages
Vehicle auctions at wholesale
Licenses and license fees. See: Licenses, Certifi-
cates, Etc.
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Supp. No. 21
1908.03
e
CODE INDl!:X
MOVING OF DWELLINGS. See: Buildings
MUNICIPAL COURT
Police court designated as same. See: Police Court
MUNICIPAL SWIMMING POOLS
Disorderly and indecent conduct ___m________ ___m_______________
See also: Indecency and Obscenity
Enforcement of provisions ___________________m____________________________
Persons prohibited ________________m______________
Enforcement of provisions _____________m______________________m_____
Recreation, other. See: Parks, Playgrounds and Rec-
reation
Rules and regulations -___________mmm_____m_m________m____________
MUNICIPALITY. See: City
MUSEUMS
Licenses and license fees. See: Licenses, Certificates;
Etc.
e
MUSIC MACHINES. See: Coin-Operated Machines and
Devices
Licenses and license fees. See: Licenses, Certificates,
Etc.
N
NARCOTICS
Driving under influence. See: Traffic
Vagrancy provisions. See: Vagrancy
NATIONAL ELECTRICAL CODE. See: Electrical Code
NATURAL GAS
Franchises _________________________________________________
NEIGHBORHOOD CENTERS
Neighborhood centers board
Annual report _______________________________________
'Created _m_________________________m_______________________
Duties and powers _______________
Membership; appointment and term ______________________
Organization _____________________________________
NIGHTCLUBS
Food establishments. See that title
e
NITROGLYCERIN. See: Explosives
NOISE
Loudspeakers and sound trucks
Hours of use regulated. See: Advertising
Supp. No. 24 1908.1
Section
25-17
25-16
25-15
25-16
25-18
App.A
22A-5
22A-1
22A-4
22A-2
22A-8
SALINA CODE
NOISE-Cont'd.
Mufflers on vehicles. See: Traffic
Music machines. See: Coin-Operated Machines and De-
vices
Quiet zones. See: Traffic
NONPOWDER PROPELLED GUNS. See: Firearms
and Weapons
NORTH CENTRAL REGIONAL PLANNING COMMIS-
SION. See: Planninc
NOTES
Investment of temporarJ idle funds. See: Finances
NOXIOUS FUIIES. See: Air Pollution
NUISANCES
Air pollution. See that title
Fireworb restrictions. See: Fireworks
GambliDc places, abating. See: Gamblinc
Health nuiaanees, abatement. See: Health and Sanita-
tion
Housing standards. See: Housing
Mobile homes and mobile home parks. See that title
PSaa. wilen ...--1- kept, c1eanliDeu. See: Animals
and Fowl
Trees and shmbbery constituting, abatement. See:
Trees and Shmbbery
Unhealthful stmctures. See: Health and Sanitation
Vaults, cesspools, etc. See: Water and Sewers
Weeds and bmsh. See that title
NUMBER
Word usage in code
o
OATHS
Administration. See various officers as indexed
Construed ______m_m_m____m_____m_________u___mu__mm__m________
Officers and employees. See that title
OBNOXIOUS GROWTHS. See: Weeds and Bmsh
OBSCENITY. See: Indecency and Obscenity
OCCUPATION TAXES. See: Licenses, Certificates, Per-
mits, Etc.
Supp. No. 24
1908.2
Section
1-2(10)
1-2(11)
e
CODE INDEX
Section
OFFAL
Transporting through streets. See: Stnleta and Side-
walks
OFFENSES. See also specific subjects
Aiding and abetting _..___.______..___..._.._.______ 23-2
Arrest procedures 01 police. See: Police Department
Attempts ...._____._____.....__..__..___......._.__.___..______ 28-3
Merger of attempt with completed offen.. .__...._ 2S-4
e
e
Supp. No. 24
1908.8
e
e
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CODE INDEX
OFFENSES-Cont'd.
Bawdyhouses. See: Indecency and Obscenity
Compounding or concealing an offense ___m___mn_m______
Criminal trespass
N otice ----------------------------------------------------------------------
Prohibited ---------------------------------------------------------------------
Definitions and construction of terms
Provisions relative to ________________m__m_____ ________________m____
Inoperable vehicles. See that title
Misdemeanors
State laws relative to ________________________m_________m
Morals and decency, against _______________m_mm_____m_m_n____
See also: Indecency and Obscenity
Property, against ______________m_______________________________________
OFFICERS AND EMPLOYEES
Administrative departments. See: Departments of City
Airport authority. See: Airports and Aircraft
Appointments
Recording. See: City Clerk
Assaulting an officer _________________n_mm__m______m___________
Assistants and employees
Appointment, removal, authority ____m_______m__m__
Authority
Delegation of authority, construed __n_m_________m_______
J oint authority, construed ___m__________m__________m__m_
Board of commissioners. See: City Commission
Boards, committees and commissions. See that title
Bonds
Amount, schedule of _____mm_______mm____m___m________nm___
Approval _____________________________________m_________m_____m_____- --- ----
Claims brought against public officials and em-
ployees. See within this title that subject
Conditioned as specified ____m______________m___m_m___m_m__
Existing bonds, status ____mn_________m_m_m_m___m__mm
Filing __ __n_______________________________________________________m-----
Kept in force, required __________m_m_______m__m___m_____m____
Premiums, payments _____n_______m____m__________m_.u -- __________m_
Special conditions ___m_____________________________m__m__.________._ ---
Taking office, given prior to ________m________________m__m__m
Types of __________________________m_________nm__________m____
Building official. See: Buildings
Cemetery employees. See: Cemeteries
Charter ordinances relative to m__m_______nn_m m___m___
Chief of police. See: Police Department
Citizenship and residency requirements m_m_nn_____
City clerk. See that title
City commission. See that title
Supp. No. 21
1909
Section
23-44
23-16
23-15
23-1
23-1
23-68 et seq.
23-15 et seq.
23-43
2-44
1-2 (6)
1-2(9)
2-50
2-51
2-49
2-54
2-51
2-52
2-53
2-50
2-48
2-51
Appendix F
2-45
SALINA CODE
OFFICERS AND EMPLOYEES~Cont'd.
City engineer. See: Service Department
City manager. See that title
City offices, providing for. See: City Commission
Claims brought against public officials and employees
Adjusting, settling or defending
Security, indemnification and payment of certain
expenses incurred in n-----------_n_______________________nn
Classified service
Created ----------------------------------m__________________________n__________
Rules, regulations of ------------------------------___________n___
Clerk of police court. See: Police Court
Compensation
Longevity pay
Charter ordinances relative to ---____________u______________
Payro II d ed uctions ------------n___________n__________n______________
Providing for. See: City Commission
Rules, regulations relative to classified service
Community relations commission. See that title
Creation of other offices ___________________________________________________
Departments of city
Various duties, personnel specified, other matters.
See: Departments of City
Destruction of old records. See: Public Records
Director of finance. See: Finances
Director of human relations department. See: Equal
Opportunity and Affirmative Action
Discrimination. See: Equal Opportunity and Affirma-
tive Action
Elections. See that title
Electrical inspector. See: Electrical Code
Emergency leaves _________n_______________________________ _____n____________
Equal opportunity and affirmative action. See that
title
Fire department. See that title
Health officers. See: Health and Sanitation
Holding more than one office -------______m___n__________
Holidays _n ________ --------m-____________________n_______________________________ _______
Hours of work ------m------------____un___n_____m__n_______m____
1m persona tin g --------m-------------____________________n___m_m____ n_________
Police. See: Police Department
Industrial development authority. See that title
Inspectors
Service department. See that title
Instrument men. See: Service Department
Leaves
Emergency leaves ----n____________nmn____________________
SuPp. No. 21
1910
Section
2-54.1
2-61
2-62
Appendix F
2-63
2-61-2-63
2-42
2-60
2-43
2-58
2-55
23-151.1
2-60
e
CODE INDEX
OFFICERS AND EMPLOYEES-Cont'd.
Holidays _________mm______m__________________________m_ - -----------------
Sick leave _________m_______________________________________________ -------------
Vaca tions _m_____________________m__________m___m______________________m____
Longevity pay. See within this title: Compensation
Mayor. See that title
Oath. See also specific officers, boards, etc.
Defined ____________________________________________________m_________m_____________
Filing ____________m_______________________________________m________-------------------
Form ____________m__m______m___________________________ --- - --------- ---------- ----
Section
2-58
2-59
2-57
1-2(11)
2-47
2-47
e
e
Supp. No. 21
1910.1
e
e
e
CODE INDEX
OFFICERS AND EMPLOYEES-Cont'd.
Required _mOummm
Official bonds. See hereinabove: Bonds
Parole officer. See that title
Payroll deductions. See within this title: Compensa-
tion
Personnel records, maintenance _m
Police department. See that title
Process, refusal to execute
Resisting
Rodmen. See: Service Department
Salaries. See within this title: Compensation
Sick leave
Sunday leave policies
Superintendent of sanitary department. See: Garbage
and Trash
Superintendent of waterworks department. See: Water
and Sewers
Treasurer. See: City Treasurer
Vacations
OIL
Draining in waterways. See: Water and Sewers
OIL AND GAS DRILLING
Bond or deposit 00_
Conveyance of oil out of city
Equipment, removal
Liability insurance __um_mu__uo__mm____________________
Permits
Applicant must have right to drill ____mmnm_u_
Applications; contents 00_ m_mm_mm_m_
Filing; fees 00_00 u_mun__mmm___mmm_
Denial __ m____n_
Drilling in other places than specified in permit _00
Duration of ____Om __nUOmU mm 00000000
Issuance ______ u_mnmn___Um_m____mn __m_n _mn____O___n
Loca ti on specif ied-- m _ m________________m___m__ __moo mmm_
Other matters pertaining to permits. See: Licenses,
Certificates, Permits, etc.
Refund of fee, when
Required n__O__m_m__
Revocation of mn__m__nm__m___
Termination of mm_n__ _n______m
Rights of landowners __mm_____m__________m_n_m__u_____hn____
Storage
Fencing of excavations and slush ponds
Fencing of storage facilities m___m_m___n
Temporary u__nnnmm
Supp. No. 18
1911
Section
2-46
2-56
23-56
23-57
2-59
2-58
2-57
24-3
24-16
24-15
24-4
24-10
24-2
24-5
24-7
24-9
24-12
24-6
24-9
24-8
24-1
24-13
24-11
24-14
24-16
24-17
24-16
SALINA CODE
OPEN SALOONS. See: Alcoholic Beverages
Section
OPERA HOUSES
Licenses and license fees. See: Licenses, Certificates,
Etc.
OR, AND
Tenns construed
1-2(12)
ORDERS AND DRAFTS
Records, keeping. See: City Clerk
ORDINANCES. See: Code of Ordinances
ORGANIZATIONS
General definitions applicable to _
OVERGROWTH. See: Weeds and Brush
1-2
OVERPASSES AND UNDERPASSES
General definitions applicable to streets and sidewalks 1-2
See also: Streets and Sidewalks
OWNER
Construed
1-2(13)
P
PALMISTS
Licenses and license fees. See: Licenses, Certificates,
Etc.
PAPER JUNK DEALERS. See: Junk and Junk Dealers
PAPERS. See: Public Reoords
PARADES AND PROCESSIONS
Licenses and license fees. See: Licenses, Certificates,
Etc.
Pennits. See: Traffic
PARKING
House trailers. See: Trailers and Trailer Parks
Off-street. See: Zoning
Traffic. See that title
PARKS, PLAYGROUNDS AND RECREATIONS
Amusements. See that title
Animals in parks hh___h____________m_mh__m_______h_________________n
Animals trespassing on public ways. See: Animals and
Fowl
Charter ordinances _hmn_nn____mmmm __mm___mu"m_______nn_
Comprehensive plan. See: Planning
25-2
App. F
Supp. No. 18
]912
e
e
e
CODE INDEX
PARKS, PLAYGROUNDS AND RECREATION-Cont'd.
Department
Composition and personnel specified. .. . . . . . . . . . . . .
General matters pertaining to departments of city.
See: Departments of City
Inoperable vehicles, definitions applicable. See: In-
operable Vehicles
Municipal swimming pools. See that title
Park advisory board. See within this title: Salina
Park Advisory Board .
Planning. See that title
Plants, flowers, shrubs, etc.
Animals causing damage to plants,shrubs, etc. ..
Damaging, injuring, picking, etc. .................
Property, fixtures, etc.
Damaging, tearing down, etc. . . . . . . . . . . . . .. . . . . . . .
Refuse, offensive matter
Depositing ..............................:......
Litter regulations generally. See: Garbage and
Trash
Rules and regulations
Adoption and promulgation. . . . . . . . . . . .. . .. . .. .. .
Violations, penalties ...............................
Salina park advisory board
Annual report ..................................
Appointment, terms of members ..................
Chairman and other officers .....................
Composition ....................................
Duties and powers ..............................
Established .....................................
Organization ........................... . . . . . . . . .
Powers and duties ..............................
Sunset park
Hours closed to general public ...................
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Waiver of provisions; written approval required. . .
Superintendent of parks
Appointment, other matters. See: Service Depart-
ment
Generally .......................................
PAROLE OFFICER
Appointment .....................................
Compensation ....................................
Duties in general .................................
Police court. See that title
Position created ..................................
Prisons and prisoners. See that title
Supp. No. 25
;.1913
Section
2-94
25-2
25-1
25-3
25-4
25-5
25-6
25-54
25-51
25-52
25-51
25-53
25-50
25-52
25-53
25-7
25-8
25-9
2-94(2) (c)
29-12
29-14
29-13
29-11
SALINA CODE
PARTNERSHIPS
General definitions applicable to
PAWNBROKERS
Charter ordinance pertaining to licensing of, etc. ....
Fees for licenses. See: Licenses, Certificates, Permits,
Etc.
PEDDLERS, CANVASSERS AND SOLICITORS
Licenses and license fees. See: Licenses, Certificates,
Etc.
Residential premises
Invitation required prior to entering ............
Sales from vehicles on improved streets ... . . . . . . . . . . .
Suppression by police .............................
PEDESTRIANS. See: Traffic
PEEPING TOMS. See: Indecency and Obscenity
PENNANTS
Temporary banners and pennants over streets. See:
Buildings
PENS AND ENCLOSURES
Fences. See: Fences, Walls, Hedges and Enclosures
Places where animals kept. See: Animals and Fowl
PENSIONS AND RETIREMENT
Fire department
Charter ordinances ..............................
Firemen's relief association. See that title
Payroll deductions of officers, etc. See: Officers and
Employees
Police benefit fund. See: Police Department
Police department
Charter ordinances ..............................
PERMITS. See: Licenses, Certificates, Permits, Etc.
PERSON
Construed ........................................
PERSONAL PROPERTY. See: Property
PERSONNEL OF CITY. See: Officers and Employees
PERVERSION. See: Indecency and Obscenity
PEST CONTROL
Dairy barns, requirements. See: Milk and Milk Prod-
ucts
Diseased trees and shrubs. See: Trees and Shrubbery
Supp. No. 25
1914
Section
1-2
App. F
23-153(1)
23-155.1
23-152(2)
App. F
App. F
1-2(14)
e
e
e
CODE INDEX
PEST CONTROL-Cont'd.
Food vending machine regulations. See: Food Regula-
tions
Garbage and refuse storage. See: Garbage and Trash
Housing standards. See: Housing
Milk and milk products. See that title
Places where animals kept, cleanliness. See: Animals
and Fowl
Refuse sanitation. See: Garbage and Trash
Tree trimmer's and treater's license. See: Trees and
Shrubbery
Unhealthful structures, abatement. See: Health and
Sanitation
Vaults, cesspools and similar 1\tructures. See: Water
and Sewers
Weeds and brush. See that title
Section
PETIT LARCENY
Committing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23-24
Supp. No. 25
1914.1
e
e
e
CODE INDEX
PETROLEUM
Establishing limits of districts in which storage is re-
stricted. See: Fire Prevention
Oil and gas drilling. See that title
Section
PHONOGRAPHS
Loudspeakers and sound truck licenses. See: Adver-
tising
PHOTOGRAPHERS
Licenses and license ffles. See: Licenses, Certificates,
Etc.
PHOTOGRAPHY
Microfilming public records. See: Public Records
Obscene literature, etc. See: Indecency and Obscenity
PHRENOLOGISTS
Licenses and license fees. See: Licenses, Certificates,
Etc.
PHYSICALLY HANDICAPPED, DISCRIMINATION
Equal opportunity and affirmative action. See that
title
PHYSICIANS
Wounds, injuries to persons, reporting
23-154
PICKING POCKETS. See: Stealing
PIGEONS
Places where animals or fowl kept. See: Animals and
Fowl
PIMPS AND PROCURERS. See: Indecency and Obscen-
ity
PINBALL MACHINES
Licenses and license fees. See: Licenses, Certificates,
Etc.
PISTOLS. See: Firearms and Weapons
PITCH
Boiling pitch or tar. See: Fire Prevention
PLANNED DEVELOPMENT DISTRICTS
Zoning. See that title
PLANNING
Application for zoning certificates, variances, etc. See
also: Zoning
Fees _________________________________________________
Supp. No. 22
27-1
1915
SALINA CODE
PLANNING-Cont'd.
Charter ordinances
Commission
Created ____
Membership
Powers and duties ________________________
Comprehensive plan
Amendments and additions m_________m___________________'mm__
Annual review and recommendations ____m_m_______mh_
Approvals ___________~__m_h______m____h_______________________m_________
Improvements covered by m_hm___m_m____________m_m_m_
Authorization _______mm__O_____ ....m __m________O_______________________ .____
Consideration, recommendation ____mm__o_m_o_ ____ _hO_m___
Development of plan outside city mh____________m________m_
Existing master plan, continuation ___h____m_____mom______
Filing _ _________________________________m_________m____________m________m
Final adoption __.._______0_____ mm__m________m_______________m__________
Improvements, approval ____h_O_____m____m__________________O______
Purpo ses _____mm_____mm_____________m_____________m_____________________
Referral _____mm_m_ ____o__________m_m_____mm__m_________m____________
Rights-of-way and lands, acquisition _____________
Scope and content ____ ------------------------------
Signatures, attestation___ __n____m___ n__m______
Surveys, studies m__m _________m___________mm___m_
Master plan. See within this title: Comprehensive Plan
Metropolitan Planning Commission. See within this
title: Commission
North Central Regional Planning Commission
Compensation ___________om________m_______mmm__m_m____m_m_____
Created ___________________________o_______________mmm_____________
Meetings ___________0.__________________________________________________________
Membership __m_____________m_________m__m____________h________
Name of commission _____mm_________m___mmh________
Powers, functions and duties __________h_____m____m_h__________
Qualifications of members ______________m___m_____________m__
Rules for transaction of commission business _m___m__
Separability of provisions ___m_____________________m_____
Term of members ____m__m_____________________m__m______________
Plats and subdivisions
Improvements
Providing for m____m_____mm_______________________m_m_______
Security in lieu of ___m___________m____________mh______
Joint city-county regulations ___m_______m_____________________
Plats
Building permits
Fees ____________________________________m___________m______
Unapproved subdivisions; recording unapproved
plats ______________mm_______________m______________________
Supp. No. 22
1916
Section
App.F
27-1
27-2
27-3
27-31
27-32
27-26
27-33
27-23
27-27
27-34
27.35
27-29
27-28
27-33
27-30
27-26
27-34
27-25
27-29
27-24
27-93
27-91
27-94
27-92
27-91
27-95
27-92
27-96
27-97
27-92
27-50
27-51
27-52
27-67
27-66
e
e
e
CODE INDEX,
PLANNING-Cont'd.
Plats required
Approval
Deadline for ...............................
Endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fe.es .......................................
Building permit ...............................
Disapproval, notice ...........................
Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Submission ...................................
Regula,tion~
Approval and adoption ........................
Contents .....................................
Hearings and notice required .................
Improvements, providing for ...................
Prior regulations, continuation ...............
Scope ........................................
Regulations authorized ..........................
Territorial jurisdiction ..........................
Setback lines
Authorization ...................................
Effect .........................................
Enforcement ................ . . . . . . . . . . . . . . . . . . . .
Establishment ..................................
Hearings and notice .............................
Map, filing .....................................
Modifications ..................................
Ordinance, filing ................................
Prior setbacks, continuation .....................
Variances ......................................
PLA TS
Planning. See that title
PLUMBERS
Licenses and license fees. See: Licenses, Certificates,
Etc.
PLUMBING
Apprentice plumber
Defined ........................................
Administrative authority
Board of appeals secretary. See within this title:
Board of Appeals
Board of examiners. See within this title: Plumbers
Defined ........................................
Back water valves ................................
Bathroom lights, outlets and switches. See: Electrical
Code
Supp. No. 25
1917
Section
27-62
27-64
27-65
27-66
27-63
27-60
27-61
27-48,27-54
27-49
27-47
27-50
27-53
27-49
27-46
27-46
27-78
27-78
27-79
27-78
27-82
27-80
27-81
27-80
27-83
27-81
9-206(4)
9-201
9-239.1
SALINA CODE
PLUMBING-Cont'd.
Board of appeals
Administrative authority
Secretary of board . . . . . . . . . . . . . . . . . . . . . . . . . . ." .
Appointment, term of office ......................
Chairman of ...................................
Created .........................................
Determination of appeals ........................
Mell).befShip ....................................
Procedures .....................................
Quorum .........................................
Recqrds, reports of .............................
Rules ~uthorized ................................
Board of examiners. See within this title: Plumbers
Bonds
Gas fitters requirements. See: Gas
Pl~mbers. See within this title that subject
Certifica.te of qualification. See within this title:
Plumbers
Code,
Adopted .......................................
All).e;ndment ....................................
City codes, board of examiners to conduct examina-
tions on contents of. See: Mobile Home Crafts-
men
Exceptions to inspection requirement .............
Conflict of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Drainage
Below curb and also below main sewer level .......
Floor drains
Standards ..........................,...........
Gas fitter's examination
Required .......................................
Grease
Draining in waterways. See: Water and Sewers
Housing standards. See: Housing
Insurance
Gas fitter's requirements. See: Gas
Plumbers. See within this title that subject
Journeyman plumber
Defined ........................................
License
Plumbers. See within this title that subject
Procedures of city, generally. See: License, Certifi-
cates, Permits, Etc.
Master plumber
Defined ........................................
Supp. No. 25
1918
Section
9-227
9-228
9-232
9-226
9-230
9-226
9_233
9-22.9
9-231
9-232
9.-200
9-205.1
9-205.2
9-202
9-239.3
9-237
9-214
9-206(3)
9-206(2)
e
CODE INDEX
e
PLUMBING-Cont'd.
Permits
Air conditioning permits. See: Water and Sewers
Building permits in general. See: Buildings
Sewer connection permits and fees ...............
Work not requiring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plumbers
Apprentice plumber
Defined ......................................
Board of examiners
Administrative authority, secretary of board ....
Appointment, term of .........................
Duties enumerated ............................
Membership of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Quorum ......................................
Bond
Duration of ..................................
Requirements .................................
Certificate of qualification
Exemption from examination . . . . . . . . . . . . . . . . . . .
Expiration, renewal ...........................
Fees........................................ .
Fees to accompany application .................
Forfeiture of fees for failure to appear ........
Issuance .....................................
License prerequisite to doing work ............
Registration of ...............................
Required, exceptions .........................
Transferability, misuse ........................
Definitions .....................................
Employing plumber or plumbing contractor
Defined ......................................
Exemption from examination ....................
Gas fitter's examination
Required .....................................
Insurance
Required .......................................
Journeyman plumber
Defined ......................................
License
Deadline for renewal ..........................
Expiration, renewal of .........................
Prerequisite to doing work ......... . . . . . . . . . . . .
Renewal procedure, fee ........................
Master plumber
Defined ......................................
Potable water piping, size of ............ . . . . . . . . . . .
Supp. No. 25
e
1919
Section
9-204
9-205
9-206( 4)
9-209
9-210
9-212
9-208
9-211
9-224
9-223
9-217
9~219
9-216
9-213
9-215
9-216
9-218
9-218
9-207
9-222
9-206
9-206(1)
9-217
9-214
9-225
9-206(3)
9-221
9-219
9-218
9-219
9-206(2)
9-234
S^LINA CQDE
PLUMIUNG-Cont'd.
Provisions
Conflict of . . . . .. .. . . '.' . . ; . . . . . . . . . . . . . . . . . . . . . . .
Sanitary tap fee
Standard size ..................................
Sewer connections. Se~: Water and Sewers
Drainage below curb and below main sewer level ..
Permits and fees .............................;..
St~mdards
Piping, connections, etc. ... . . . . . . . . . . . . . . . . . . . . . . .
Swimming pool requirements. See : Swimming Pools
Trap installations .................................
Uniform plumbing code
Adopted .......................................
Valves and fittings ................................
Vaults, cesspools prohibited. See: Water and Sewers
POISONOUS SUBSTANCES
Use in food establishments. See: Food R~gulations
POLES, WIRES, CONDUITS, ETC.
Awnings, canopies and marquees interfering with util-
ities. See: Buildings
Building moving operations. See: Buildings. See also:
Streets and Sidewalks
Certain districts, poles in ..........................
Fires, removal of wires during,." See: Electrical Code
Franchises .......................................
Moving of dwellings, bond requirements. See: Build-
ings. See also: Streets and Sidewalks
Obstructions and encroachments in streets. See:
Streets and Sidewalks
Overhead wiring, electrical code standards. See: Elec-
trical Code
Painting of utility poles ...........................
Posting of advertising restricted. See: Advertising
Service entrances to buildings. See: Electrical Code
Setback lines, planning matters. See: Planning
Street lights at railroad crossings. See: Streets and
Sidewalks
Trees, branches, etc.
Trimming of ...................................
Underground wires required, when .................
Underground wiring, code requirements. See:" Electri-
"cal Code
Utilities. See that title
"Wire"s in streets prohibited. See: Streets and Side-
walks
Supp. No. 25
l:92()
Section
9-202
8-238
9-239.3
9-204
9-284
9-239
9-200
9-239.2
30-8
App. E
30-7
30-10
30-9
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e
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CODE INDEX
POLICE COURT
Bail, bondsmen, similar sureties
Licensee
Bail bonds, limitation on amount outstanding
Courtroom, sitting in spectator section
Courtroom, loitering in _____n__mm__
Entering police department without request
Legal advice, employment of attorney
Obtaining authorization for use of particular at-
torney _m__m_______m______h_..m___
Police department, loitering in
Police department, soliciting business at m___
Recommending particular attorney mh_ mm ___ __om
Sale or acquisition of property; notice __m_
Limitation on amount of outstanding bail bonds
Referral of business for compensation mmmm____
Surety companies providing
Agents or employees
License required __u___mm___ _m__h_________mu__
Compensation, presumption of receiving __m_
License; requirements _hm __nonoh__m___ _
Applicant; fingerprinting ____ mm_h__
Application, contents, filing, etc. __om
Limitation on amount of outstanding bail bond
Denial; issuance; examination of applications
Fees; rebate _ _ _m __m__ __ ________mumm__
List; fee schedule; posting
Revocation; grounds for mm
Suspension __m_mm_m_h__m_m__ mm__nmhm__
Clerk
Duties m_n u mh_ hmh ___um_____h_m__ __m___m_mm_
Fees and costs
Position created, appointment m m ___om
Court costs
Judge
Desig'nated as municipal judge _
Municipal court
Jurisdiction _ __m__________h_____m__ m_m__"m"_""__ mmh_m"_
Police court designated as
Municipal judge
J urisd ictio n moo hm _ __moo __ _"_hmmmmm
Police court judge designated as _m____
Parole officer. See that title
Prisoners, working. See: Prisons and Prisoners
Provisions
Applicability to police court or judge and municipal
court or judge _ ____mm_______
Supp. No. 10
1921
Section
29-39
29-34
29-32
29-30
29-33
29-36
29-32
29-31
29-35
29-38
29-39
29-37
29-22
29-21
29-20
29-24
29-23
29-39
29-25
29-26
29-29
29-27
29-28
29-6
29-1
29-5
29-19
29-16
29-17
29-15
29-17
29-16
29-18
SALINA CODE
POLICE COURT-Cont'd.
Search warrants
Direction and command regarding _ mmmm___
Generally _mmnnnmmnnmmmm__
Stolen property or alcoholic _ beverages _____
Surety companies providing bail bonds. See within this
title: Bail Bonds
Witnesses
POLICE DEPARTMENT
Arrests. See also that title
Bail. See within this title that subject
Court in session, when __ ___ ___ mm_____m_ __mm_mnn_
Court not in session _m_m___m__ _m___
General authority to arrest and detain n___
Power of arrest in general nn__
State law violations _____mmm_m_m______mmm
Assaulting an officer _m__ m______________m
Bail
Admission of persons to __m m__m __m_____
Cash deposit in lieu of
Fee on tendering or making
Officers accepting duties
Record of __n__n______nnmn___
Return of cash deposit m
Chief of police and municipality, duties _____
Fee on tendering ----___
Officers accepting, duties __n____
Records _____________________h____h_
Benefit fund
Assets _____nmnh__mmn_
Created m mm___nmmn __m__n___________
Determination as to use _______
Payments authorized _____
Pension matters in general. See: Pensions and Re-
tirement
Purpose
Cash deposit. See within this title: Bail
Chief of police
Duties in general
Regulations, making
Specific duties. See within this title various subjects
Civil disobedience provisions. See: Civil Disobedience
Complaint
Entitlement to _n____
Duties assigned by safety department. See: Safety
Department
False calls and reports to m____ ________________mnn
Fire guard duties. See: Fire Department
Hours of duty ____ _
Supp. No. 10
1922
Section
29-4
29-2
29-3
29-1
28-12
28-13
28-18
28-11
28-16
23-43
28-13
28-14
28-22
28-21
28-19
28-15
28-20
28-22
28-21
28-19
28-34
28-33
28-36
28-37
28-35
28-2
28-5
28-17
23-54
28-9
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e
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CODE INDEX
POLICE DEPARTMENT-Cont'd.
Impersonating an officer uun ._u_m___m_____m_____________________
Merchant or private policemen. See within this title
that subject
Officers of city in general. See: Officers and Em-
ployees
Manuals
Issuance, amending, revIsmg, obedience --------------
Merchant or private policemen
Bond requirement _____________________________
Business address
Change of ----------------------------------
Change in personnel ______________
Change of business addres~ ------------------
Change of vehicles __________________m____
Definitions m_____ ------------
Firearms _________________________________________
Identification ________________________
Insurance requirement ______________m___________________
Licenses
Application _________________________
Approval or disapproval of ----------------------
Expiration _____________________________________________
Fees ____________________m___________________
Renewal _________________________________m______________
Requirements for generally -------------
Revocation or suspension ________________________m___
Transferring ____________mm__________________
Marking of vehicles ___________________________________________
Permits
Application m_m_______________________________m_____________
Approval or disapproval of ------------------------
Expiration ___________________m_m___m_____________
Fees ______.._________m________________________
Renewal ____________________________________________________
Requirements for generally ---------------------
Revocation or suspension ___..____m___________________
Transferring ___m_____________________________________________
Provisions
Additional to other licenses or permits ------
Radio equipment in vehicles ________________________m__
Red lights and sirens ___________m________m___m_________
Uniforms _______________________m____________________~__________
Unlawful acts ________________________________
Vehicles
Change of ---______________________________________
Marking ----------------------------------------------------------
Supp. No. 20
1923
Section
23-55
28-6
28-65
28-64
28-62
28-64
28-63
28-48
28-60
28-58
28-57
28-50
28-52
28-53(c)
28-53
28-53 (b)
28-49
28-55
28-53(e)
28-66
28-51
28-52
28-54(c)
28-54(a)
28-54(b)
28-49
28-55
28-54(e)
28-56
28-67
28-68
28-59
28-61
28-63
28-66
SALINA CODE
POLICE DEPARTMENT-Cont'd.
Radio equipment in ________________________m____________________m
Red lights and sirens ____________________________________________
Officers
Duties in general ___________________________________________________________
Impersonating an officer. See hereinabove that sub-
ject
Suspension of _______________m_________________________________ _________________
Uniform. See within this title that subject
Personnel
Specified -----------------------------------------_________m_______m__________
Prisons and prisoners. See that title
Process
Officer refusing to execute _________________m_m_________________
Search warrants. See: Police Court
Regulations, authority to make ________h__________________m_______
Resisting city officer _______________h_h_____________________m___________m
Safety department. See that title
Shifts, supervision _m______________________________________________m______
Uniforms
Merchant or private policemen. See within this title
that subject
Property of city, to remain as _________m____________________
Required _______________________________________________________ _______________
Witnesses for trials, etc.
Persons corruptly influencing ____________________________________
POLICE JUDGE
Law department. See that title
Police court. See that title
POLICE POWERS
Airport, over. See: Airports and Aircraft
Jurisdiction. See that title
POLLS. See: Elections
POOLROOMS AND BILLIARD PARLORS
Amusements. See that title
Billiards, shuffleboard, etc. See that title
Licenses and license fees. See: Licenses, Certificates,
Etc.
PORNOGRAPHY. See: Indecency and Obscenity
PRECEDING, FOLLOWING
Terms construed __________m__________________________________________________
PRECINCTS
Elections. See that title
SuPp. No. 20
1924
Section
28-67
28-68
28-4
28-3
28-1
23-56
28-5
23-57
28-10
28-8
28-7
23-58
1-2(16)
e
CODE INDEX
PRISONS AND PRISONERS
Contraband, weapons, etc.
Conveying into jail to aid escape -------______________m_________
Officer permitting conveyance into jail ---_________________u
Corruptly influencing a witness for trials. etc. ___________
Escapes and rescues um ________u__n___u_____u_______________________________
Attempting to rescue ---------------------______u________________uu_______
Conveying instruments in jail to aid _____m__________________
Jail, aiding escape from ____________ ___ U ______u____________m______
Jail or custody, breaking ___n________________u___ ----_______________u
Secti on
23-47
23-52
23-58
23-45
23-46
23-47
23-48
23-51
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Supp. No. 20
1924.1
e
e
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CODE INDEX
PRISONS AND PRISONERS-Cont'd.
Meals for prisoners ---------------------------
Parole officer. See that title
Persons escaping from police officer, etc.
Aidin g ____.______________________________________________ -.--
Police court. See that title
Police provisions, other. See: Police Department
Witnesses for trials, etc.
Persons corruptly influencing ---
Working prisoners
Confinement, supervision of
Credit against fines and costs -------
Refusal to work _________________m _______m_______
PRIV ATE POLICE. See: Police Department
PRIVIES
Housing standards. See: Housing
Sewer regulations. See: Water and Sewers
PRODUCE. See: Fruit and Vegetable Produce
PROPANE. See: Liquefied Petroleum Gas
PROPERTY
City property, taking. See: Stealing
Criminal trespass. See: Offenses
Definitions of various terms applicable to
Equal opportunity and affirmative action. See that
title
Littering. See: Garbage and Trash
Loitering. See also that title
Malicious mischief and vandalism. See that title
Park property, damaging. See: Parks, Playgrounds
and Recreation
Personal property, construed ----
Police power extended to city property ________m__ -
Posting of advertising on private property, etc. See:
Advertising
Real property
Construed -------------------------------------- --------- ---- ---
Section
29-10
23-49
23-50
23-58
29-8
29-7
29-9
1-2
PROSTITUTION
Bawdy houses. See: Indecency and Obscenity
PUBLIC ACCOMMODATIONS
Unlawful public accommodation practices. See: Equal
Opportunity and Affirmative Action
PUBLIC CONTRACTS
Equal opportunity and affirmative action. See that
title
Supp. No. 21
1925
1-2(15)
1-10
1-2(18)
SALINA CODE
PUBLIC DANCES. See: Dancing and Dance Halls
PUBLIC RECORDS
Admissibility of records, etc. ____~___~_~~~_____~~~___
City clerk, various' duties. See: City Clerk
Destruction
Certain records unaffected by authority to destroy
Commissioner's minutes relative to ~ _~ _~~__~__________~~~____
Commissioners to review ________~~________~____~~ ---_~m_~~m~
Destruction of certain old records _~m__~~.~___m~~~~_~~
Personnel records, maintenance. See: Officers and
Employees
Photographing, microfilming, etc.
Storage or destruction of records after
Records of temporary investments. See: Finances
System for treasurer's records, etc. See: City Treas-
urer
Treasurer's records, inspecting. See: Finances; see
also: City Treasurer
PUBLIC SERVICE CORPORATIONS. See: Utilities
PUNCHBOARDS
Gambling prohibitions. See: Gambling
PURCHASING
Bonds of contractors, licensees, etc. See: Bonds
Contracts and agreements. See also that title
Finances. See that title
Records, destruction of. See: Public Records
PYROTECHNIC DISPLAYS. See: Fireworks
Q
QUIET ZONES. See: Traffic
R
RABBITS
Dyed or colored for sale, etc. See: Animals and Fowl
RABIES
Vaccination of dogs. See: Animals and Fowl
RACIAL DISCRIMINATION
Equal opportunity and affirmative action. See that
title
RADIOS
Interference, creating h~___~_~_____
Supp. No. 21
1926
Section
2-143
2-3
2-4
2-4
2-2
2-5
2-6
23-155
e
CODE INDEX
RADIOS-Con1i'd. Section
Loudspeakers and sound truck licenses. See: Adver-
tising
Television antenna franchise m_________n_n________m________n____nApp. E, Art. III
TV and radio towers and antennae. See that title
RAILROADS AND TRAINS
Crossings
Moving of buildings, precautions. See: Streets and
Sidewalks
Property
Interfering with, damaging, etc. _m_______________m_______n_
Traffic. See that title
Trains
Climbing, jumping onto, clinging to, etc. __m_mmm_m_
23-26
23-26
RATS
Pest control. See that title
e
REAL PROPERTY. See: Property
RECEIPTS
Old records, destruction. See: Public Records
RECORDS. See: Public Records
RECREATION
Amusements. See that title
Parks. See: Parks, Playgrounds and Recreation
REFRIGERATORS
Abandoned iceboxes and similar containers. See that
title
REFUSE. See: Garbage and Trash
REGISTRATION
Certificates, various matters pertaining to. See: Li-
censes, Certificates, Permits, etc.
Elections. See that title
REPEALING CLAUSE. See: Code of Ordinances
REPUBLIC COUNTY
North Central Regional Planning Commission. See:
Planning
RESTAURANTS
Dogs entering public buildings. See: Animals and Fowl
Food regulations. See that title
e
RETAINING WALLS. See: Fences, Walls, Hedges and
Enclosures
Supp. No. 24
1926.1
SAUNA CODE
RETIREMENT. See: Pensions and Retirement
RIDING HORSES
Places where animals kept. See: Animals and Fowl
RIOTS
City-county civil defense. See that title
Civil disobedience. See that title
Disorderly conduct. See that title
Inciting ______________________________________________
Unlawful assemblies. See: Assemblies
Supp. No. 24
1926.2
Section
23-112
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e
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CODE INDEX
ROADS
General definitions applicable to streets and side-
walks
See also: Streets and Sidewalks
Section
1-2
RODMEN
SEl'l'Vdce department. See that title
RUBBISH. See: Garbage and Trash
RUSSIAN KNAPWEED. See: Weeds and Brush
S
SABOTAGE
City-county civil defense. See that title
SAFETY DEPARTMENT
Building depal.'ltment inspectors. See al8o: Buildings
Duties of --------------------.----
Fire department. See also that title
Supervieion, duties of ------
General matters pertaining :to departments. See: De-
partments of Oity
Police department. See also that title
Supervision, duties of -----------.----
Purpose --------------
SALARIES
Compensation of officers and employees. See: Officers
and Employees
SALINA AIRPORT AUTHORITY. See: Airports and
Aircraft
SALINA AIRPORT ZONING COMMISSION. See: Air-
port Zoning
SALIN A ARTS COMMISSION
Appointment, term of members _____________________ 2-197
Bylaws
Adopting, effective, etc. ______________..______________ 2-198
Composition _____m____________________-_______________________ 2-197
Cultural development
Purpose of commission ______.____________ 2-196
Director of arts
Position created, appointment, salary 2-200
Duties and powers _m_____________________________________...___________ 2-199
Established ________________________________________________________...-- 2-196
Membership, generally __________________...______________---- 2-197
Officers ___________________________m______________________________---- 2-198
2-134
Supp. No. 22
1927
2-133
2-132
2-131.
SALINA CODE
SALINA ARTS COMMISSION-Cont'd.
Organization __m________________________________________________________________
Powers and duties --------m----------m__m______________mm________m__
SALINA, CITY OF. See: Oity
SALOONS
Alcoholic beverages. See that title
SALT
Restrictions regarding depositing on streets. See
Streets and Sidewalks
SANITARY SEWERS. See: Water and Sewers
SANITATION. See: Health and Sanitation
SCHILLING SUBDIVISION
Subdivision. See :that title
Tax provisions. See: Taxation
SCHOOLS
Loitering on grounds of schools or institutions. See:
Loitering
Precincts, voting in territory outside city but in school
districts. See: ElectioDlS
Trespassing. See tlhat title
SCREENING STANDARDS
Fences, walls, hedges and enclosures. See that title
Planted screens. See: Buildings
SECURITIES
Investment of tempomry idle funds. See: Fioances
SEGREGATION
Community relations commission. See that tiltle
SEPTIC TANKS
V:aults, cesspools prohiibted. See: Water and Sewers
SERVICE DEPARTMENT
City engineer, inspectors, rodmen, instrument men,
etc. _____________________
Qualifications, duties of _____
Composition and personnel specified ____
General matters per,taining to departments. See: De-
partments of City
Purpose _______________________________
Street department, park department, refuse depart-
ment
Composition and personnel specified
Section
2-198
2-199
2-94(2/
2-116
2-94(2)
2-115
--2-94(2) (b)--(d)
Supp. No. 22
1928
e
e
e
CODE INDEX
SERVICE DEPARTMENT-Cont'd.
Superintendent 9f parks
Duties in general
Superintendent of refuse
Appointment, duties in general ______________________.________
Superintendent of streets
Duties in general _________________________________________________u_____
Section
2-118
2-119
2-117
SETBACK LINES
Map, etc. See: Planning
SEVERABILITY CLAUSE. See: CQde of Ordinances
SEWERS. See: Water and Sewers
SEX DISCRIMINATION
Equal opportunity and affirmative action. See that title
SEXUAL OFFENSES. See: Indecency and Obscenity
SHEDS
Places where animals kept regulated. See: Animals
and Fowl
SHELTER
City-county civil defense. See that title
SHOOTING GALLERY
Licenses and license fees. See: Licenses, Certificates,
Etc.
SHOPLIFTING
Engaging in ________________________________________________________________.._________ 23-29
Stealing. See also that ,title
SHRUBBERY. See: Trees and Shrubbery
SHUFFLEBOARDS. See: Billiards, Pool and Shuffle-
boards
Licenses and license fees. See: Licenses, Certificates,
Etc.
SICK LEAVE
Offlicers and employees. See that title
SIDEWALKS. See: Streets and Sidewalks
SIGNS AND BILLBOARDS
Advertising. See also that title
Banners, pennants, etc., over streets. See: Buildings
Building construction regulations. See: Buildings
Supp. No. 22
1928.1
e
CODE INDEX
SIGNS AND BILLBOARDS-Cont'd.
Licenses and license fees. See: Licenses, Certificates,
Etc.
Traffic signs, etc. See: Traffic
Zoning restrictions. See: Zoning
Section
SKATES
Use on roadway. See: Traffic
SKATING RINKS
Licenses and license fees. See: Licenses, Certificates,
Etc.
SLA UGHTERHOUSES
Places where animals kept. See: Animals and Fowl
SLOT MACHINES
Gambling apparatus, etc. See: Gambling
SMOKE, DENSE. See: Air Pollution
SNOW REMOVAL. See: Streets and Sidewalks
e
SNUFF
Sniffing and spitting. See: Spitting
SOLICITORS. See: Peddlers, Canvassers and Solicitors
SOOT
Escape of. See: Air Pollution
SOUND TRUCKS
Licenses, hours of use regulated. See: Advertising
SOUTHWESTERN BELL TELEPHO~E FRANCHISE App. E, Art. IV
SPITE FENCES. See: Fences, Wali~, Hedges and En-
closures
SPITTING
Public places, in
Tobacco products and other filth
23-156
23-157
STABLES
Places where animals kept regulated. See: Animals
and Fowl
STAGNANT WATER
Nuisance, declared. See: Health and Sanitation
STAIRWAYS
Protection. See: Streets and Sidewalks
e
STAMPS, TRADING. See: Trading Stamps
Supp. No.6
1929
SALINA CODE
S'DATE
Defined
--------'----~---------------------------------------------------------------------
STATE LICENSES
Alcoholic beverage licenses. See: Alcoholic Beverages
STEALING
City property, taking _n__m_m_________ --m----__m____nn______nn____
Criminal trespass. See: Offenses
Embezzlement. See that title
Fruit picking. See: Fruit
Petit larceny. See that title
Picking pockets ---n_______m_________nm___ ---m-____nm______________n_n
Search warrant provisions. See: Police Court
Shoplifting ---nm----_m_nn__n__n_____m_____m________n
Taking property from person m------n__m___nn_m_n_nn_____n_
Taking, using property of another temporarily _
STOLEN PROPERTY
Conviction of principal unnecessary -----------___nn___m_nn_n
Receiving -------_n_n_______nn_____ __n___mm___n________________
Search warrants. See: Police Court
STREET WALKING. See: Indecency and Obscenity
STREETS AND SIDEWALKS
Alcoholic beverages
Consumption on public streets and thoroughfares.
See: Alcoholic Beverages
Alleys
Awnings projecting over. See: Buildings
Animals, picketing or staking. See: Animals and Fowl
Areaways, protection -n__n________mmn ---------_mnm_n__m_____n_
Awnings, canopies and marques. See: Buildings
Barricades, warning devices
Excavations. See within this title that subject
Removing, interfering with _ ---m---------________m_m_n_nm__
Use of sidewalk or paving protected by -______m_nnnn__
Basements
Permit to construct in or under certain public ways
Protection of stairways, areaways ---__m_m_nn__________n___
Bench marks and grades
Adoption __nn_____m___ -----------_%_n__nm______
Bench marks established, locations -m-__n__n__nu_m__mn
Contour maps _n --_ ___ -n-n---n-m--_n_m_m___mmn_________n_n
Driveways, recessed parking areas, curb cuts, etc.
See within this title: Driveways and Recessed
Parking Areas
Existing grades _____ ----m_______mnm__ --n-nn___________nh___nn_n
Supp. No.6
1930
Section
1-2(20)
23-30
23-25
23-29
23-25
23-31
23-28
23-27
32-12
32-9
32-10
32-11
32-12
32-24
32-23
32-24
32-24
e
CODE INDEX
STREETS AND 'SIDEW ALKS-Cont'd.
New grades m__m_m__m__m.___m_____ __m__________________
Recording of grades ___ _m__nw__ _________m________________________
Bonds. See within this title various types of construc-
tion work
Boundary or grade markers
Damaging, removing, etc.
Building construction
Barricades and warning devices. See within this ti-
tle that subject
Obstructions and encroachments. See within this ti-
tle that subject
Section
32-25
32-26
23-17
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Supp. No.6
1930.1
e
e
e
CODE INDEX
STREETS AND SIDEW ALKS-Cont'd.
Building moving. See within this title: Moving Build-
ings
Building numbering. See within this title: Numbering
of Buildings
Bulkheads
Permit to construct in certain places mm__h ___hhm____
Canopies. See hereinabove: Awnings, Canopies and
Marquees
Cellars
Permit to construct in or under public ways hmmh
Protection of stairways, areaways _mnm_m_mm___
Charter ordinances ummuu_____u__m_______mmmuu nmU__Um___n
Comprehensive plan. See: Planning
Concrete work
Bonds Unn ___m___mum_nm__mn_ m___umm___'
Amount, terms of nm__m_m___m __m___u_u_____
Permit prerequisites. See within this subtitle: Per-
mits
Required; approval__m___u____m_m_ _n___m___U___n
Sufficiency of _ nmm________n___mm__m______u________nmn
Completion of work
Notice; inspection; disapproval, etc. m__m_____m__O___
Contractors with city, exemption for ____h_o___mm_
Licenses
Bonds 00__ n_UnUm__mn_m_mn____h__u__onm_hm_m_mn
Expiration _ _nm_O_O____o_oo___mmm___O_O__h_______u___mo_
Fee m___ _______mm_mh_m__unm_muum_m___mm____mm__mu__
Permit prerequisites. See within this subtitle:
Permits
Required nnnm_Uummnm_h____nuOmm___m_mmnn
Revocation __n_ _m__mhnunum_u_OO_O___Om_ommu_m___o_m_mh
Permits. See also within this title that subject
Applications and fees _O_m__Oh_hm_uO_______OO____________
Bond prerequisite to _m____o_o___u__________m______________
Fees ________Oh_m____m_____________________________O_m______________00_
License prerequisite to ____mmumm_mmum_mmm_m
Required __ _nn__uuh___Om_____ __m____mmmm_muOO___h_____nm_
Plans and specifications
Adopted, filing, amendments _muOOh____mmm_hm_m__h
Compliance with muum_um_mOmOhm____mmumumuumu
Sewers and other utility installations. See within
this title that subject
Sidewalks
General procedure ________ ____o______________oomu__m_m_m___mn__
Locations ____ __mnm__ m__um__u______m_m_u__u____mO_____un_n__n
Property owners, petition _______Ou__m_mum_m____umO_m
Supp. No. 19
1931
Section
32-11
32-11
32-12
App. F
32-212
32-213
32-212
32-214
32-219
32-204
32-212
32-211
32-209
32-208
32-219
32-215
32-216
32-215
32-216
32-215
32-217
32-205
32-206
32-218
32-207
SALINA CODE
STREETS AND SIDEW ALKS-Cont'd.
Surfacing and resurfacing public ways. See within
this title that subject
Violations __m_m___m__m_m__ ___m___m_____m_m_m_m m___
Construction. See within this title various types
Corner visibility. See within this title: Visibility at
Intersections
Corners
Recessed parking areas near. See within this title:
Driveways and Recessed Parking Areas
Culverts
Wooden construction _
Curb cuts
Permits. See within this title: Driveways' and Re-
cessed Parking Areas
Curbs
Filling stations m__ ___m___m___n
Dead or diseased animals or offal
Depositing dead animals or filth in streets
Transporting through streets n__m__ __________mm_
Driveways and recessed parking areas
Bonds
Amount, execution, approval of n_________m_
Discharge of _____m_m_mm___ _ __n______nn_____
Forfeiture _______m_m__
Required _____m__m___n
Business driveway approach
Defined___nnm_m__
City contracts
Duties of contractors under __
Concrete work licenses. See within this title: Con-
crete work
Construction requirements
Business approaches, paving m___n________m ____m__m__
Compliance n__m___m_ ________m____ ____nm__
Distance between recessed and existing curb faces
Driveway approach, grade of n_n ________nmm__
Grade of recessed parking area __m_________ _ _
Height above gutter flow line m 00____
Liability of city construed
Obstructing street or drainage
Protection of public
Corner, defined _n___m_
Corners, near _____m__m__
Curb parking space
Defined _____n_mm_____._
Curb return, defined
Supp. No. 19
1932
Section
32-220
32-2
32-7
32-6
32-5
32-128
32-127
32-126
32-125
32-116(1)
32-134
32-142
32-141
32-146
32-143
32-147
32-144
32-145
32-144
32-145
32-116(2)
32-155
32-116(3)
32-116( 4)
e
e
e
CODE INDEX
STREETS AND SIDEW ALKS-Cont'd.
Definiti ons m________m ______ _________n___ __ _m_____ _______ _______ ___________m
Driveway approach, defined _____________________m__________
Driveway approaches prohibited
Driveway, defined _______________________________ ________________________
P lac es _m __ __ ______ ______________ _________________m__________ _m__
Existing regulations ___m _______m____m_____________________________
Grades ____nn__ ______m______ ________m_______ ____________________m_u_____
Maintenance ____ ________________ ________________m_____ ____n__________ ____________
Outside sidewalk line, defined ______________________m_________m_
Parcel of land, defined __ ________________________________________mmn_
Permits for curb cuts
Applications
Content _m______________ ____________m_____u______________
Filing m_ ___n_______________________ ____m_____________________
Required _ _____um_________m____ ______m__________
Bonds. See also within this subtitle that sub-
ject
Amount, execution, approval ________________ ____n___________
Iss uance _______________ __________ ___________m_______________________
Required ____ __m_______ ______n ______ _______________m__________________
Revocation ______________________________ _________________________________n_____
Work completion, time limits ___________n______m_______m______
Recessed parking area
Defined ______________ ___m______m__ ________________
Prohibited, places _m ______________m____ _mm_________
Removal and reconstruction __________________________________________
Resident driveway approach, defined ___________m____________
Surfacing and resurfacing public ways. See within
this title that subject
Violations ___
Width and location
Driveway approaches
N ear corners ______m_______m___ _________________
Parking spaces, number ___ _______________________________
Wooden runways _____________________ -_____n___________m______________n__
Work
Supervision, rules and regulations _m___m___________n_
Zoning restrictions ____________n___ ----________m________________m________
Encroachments. See within this title: Obstructions and
Encroachments
Awnings, canopies and marquees. See: Buildings
Excavations
Barricades, warning devices. See also within this
title that subject
Responsibility ___n_m_____________
Safety precautions
1933
Section
32-116
32-116(6)
32-116(5)
32-129
32-132
32-154
32-133
32-116(7)
32-116(8)
32-119
32-120
32-118
32-128
32-121
32-117
32-122, 32-123
32-124
32-116(9)
32-130
32-133
32-116(10)
32-135
32-156
32-155
32-157
32-2
32-131
32-130
32-253
32-239
SALINA CODE
STREETS AND SIDEW ALKS-Cont'd.
Bonds
Amount, terms of nm_mm_m___m__m__nm___n_mmmmm_
Cancellation ____nnn______n___n_m_________m_n__n________nm_mnm
Required n____nm___n__mn__m__m_mmnnn__n_m__n__n__m___m_
Charges for refilling, schedule mnm___m___nn___m_____mm
City engineer, obedience to __n___m_m_n___mmm___nn__m___
Concrete work. See within this title that subject
Deposit for cost of refilling ____n________nnnm___m__m____
Filling, repair done by city nm_m________mnmm__n_m_____m
J urisdiction __n__n__m___m_m_n_m_m__m___n_______mnnn__n_n__n_n
Lia bility n__n_nnmn________mm__________m_n_____m___m____m_m___n__
Material, manner of excavating and filling _m_________m
Monies received by city, disposition n__mm_______mmmn__
Notice when ready for refilling nnn_mnm_m__ nn m_n
Permits
Applications
Approval, filing of nm_mm__ ___mmmm-____mn_mnm_n
Required __n__m_____n_____m__m_____nm_m__n____n___m_m_n_m
Required _____ _____m__n________m_____n_____mnm_____n_m_______nn___
Plans, specifications _n__m_____m_mnu ____m__n__mmnm_____m__
Public service corporations
Special provisions for m_n_n_____nm_n_________________________n
Sewers and other utility installations. See within
this title that subject
Street being paved, requirements when __mm___mn__nn
Street department, orders, etc. _m____m_____nm_mmnm_m_
Violations __m_m_____n____m_____m_m__mnnn_m_m_m_m_n_n____m_
Fences, walls, hedges and enclosures. See also that
title
Visibility at intersections. See within this title that
subject
Filling station
Curb, at _m___m _nnm_____nn_____m_mmmnm______m_n_m_nm_m_n
Gasoline sales on streets, etc. See: Fire Preven-
tion
Fires, burning of trash, etc. on streets. See: Fire Pre-
vention
Franchises. See that title
Garbage, burning, littering, other regulations. See:
Garbage and Trash
Gasoline filling stations. See within this title: Fill-
ing Stations
Gasoline, sale on streets. See: Fire Prevention
Gutter flow line
Driveway construction. See within this title: Drive-
ways and Recessed Parking Areas
1934
Section
32-250
32-251
32-250
32-252
32-267
32-252
32-253
32-257
32-259
32-262
32-260
32-256
32-249
32-248
32-247
32-266
32-255
32-261
32-256, 32-257
32-268
32-7
e
e
e
CODE INDEX
STREETS AND SIDEW ALKS-Cont'd.
Hedges along streets, alleys, etc. See: Fences, Walls,
Hedges and Enclosures
House and street numbers
Damaging, removing hm_mnnn___hnn __m___m_nm____mnm
House moving. See within this title: Moving Build-
ings
House numbering. See within this title: Numbering of
Buildings
Ice. See within this title: Snow and Ice on Side-
walks
Improved streets
Sales from vehicles restricted _mn_m_mn mn_______mnn__
Intersections
Visibility. See within this title: Visibility at Inter-
sections
Licenses
Concrete work in streets and public ground. See
within this title: Concrete Work
Maps. See also that title
Conto ur ma ps ____ __m___mnm n___mnmmmnn _ ____ _m________mmn
Bench marks or grades. See within this title that
subject
Marquees. See hereinabove: Awnings, Canopies and
Marquees
Merchandise
Temporary storage on streets ___mm_m__ _ __m_m_n
Moving buildings
Bond requirements m____nm
Certain streets, moving on n
Curb line, extending over ___mUn_
Height of buildings m______m_____mm
Notice to building inspector _____
Permits
Applications
Approval nn__mn_nn___n__n_
Con tents ____ mn__m ___m_m ______ _m___m___m__m_m___m_ n
Approval of route __mm mumn____n____m
Bond requirements _n___m___nn_m__m_n___m___
Duration of n_m_m__m_ n________m_m____m__mm
Fee n____nn__mn_________mn
Additional, when m
Issuance _nmm___m_nnn _m___mm________
Notice _m_________n___nn ___m _ n __ _ n n n __
Required n________ n----m-__________m_nhn_m______m_m_____n nn__ ____
Special for certain places --_____u____mm_n_m__mm__n_mn
Planking re quired ------n-__m______m________n_n_____mn______________
Precautions at night n_n__n nmm___m____ _m__nu____
SUPP. No.1
1935
Section
23-18
23-155.1
32-24
32-39
32-77
32-81
32-84
32-79
32-78
32-72
32-71
32-73
32-77
32-76
32-74
32-75
32-76
32-78
32-70
32-81
32-85
32-83
SALINA CODE
STREETS AND SIDEW ALKS-Cont'd.
Precautions when building left in street nn._..____.__.__n
Railroad tracks, crossing mn_mmnmmm____._.n_nmn._mm
Route
Approval n_____m_._mumm__m_ nnn_m_.n.__mn.m_m.___.m.m
Special permits __n_.________n_u...._____________._______nm_.mm_________
Time limitations on leaving building stand ___m___mnn
Tree trimming .._..._.n____u__nm_n.___nnu.___m.___._.m_n.n__.______
Utility wires, other structures, removal _mnm_nn__mm
Violations ..m___..mn__.__mmnn..n_ ____m___nn______nmmnm_.m__
Numbering of buildings
Assignment of numbers m_mmm_mmm _m__mmm_____nnn
Compliance, required nn__nnm__ nmnmmnmmmmh...__.n.
Damaging, removing numbers __________n__m__m._nm_.mn__
Displaying numbers m_______mmmmm_.nm_____m.mm_hn____
Distance allowed for each number n________.m_mnn_.__h_m
Even and odd numbers n_mh_______.m____._m____m__mmnmnn
Size, dimensions of figures mmmnmn_mn_.___n......n.n..._n
Starting points .nmm_.nm__.m__.__m.mn__n___ m_n___n__mnnn
Obstructions and encroachments
Aesthetic purposes
Use of public property for _________.__nm_mm_m
Barbed wire fences, other fences. See: Fences, Walls,
Hedges and Enclosures
Barricades, warning devices. See within this title
that subject
Basement. See within this title that subject
Building construction, in course of __.hmmmnmhm___m
Bulkheads. See within this title that subject
Cellars. See within this title that subject
Curb filling stations. See within this title: Filling
Stations
Excavations. See within this title that subject
Notice and removal _m.n.nm__.m________._._._.n______.___hm_m_
Pro hibi ted nn mnnm mmnn nnn.___ nn _ _ mnnmmm nn m_ mm nn
Rod or stake, driving through pavement _____m___m____.m
Temporary while receiving, shipping merchandise,
etc. ________mnm_m_n_n_.___.nnnhm_mm_____m______________n____n
Traffic. See also that title
Visibility at intersections. See within this title that
subject
Wires, cable, etc. in streets __m_____h________________nun____.__.__
Removal, nuisance declared, etc. _n___._______n_n__m______
Utility poles, etc. See: Poles and Wires
Offal. See within this title: Dead or Diseased Animals
or Offal
Off-street parking and loading. See: Zoning
Oil, grease, etc.
Draining into sewers. See: Water and Sewers
Supp. No.1
1936
Section
32-82
32-88
32-73
32-81
32-87
32-86
32-80
32-89
32-104
32-100
23-18
32-105
32-102
32-102
32-103
32-101
32-41
32-40
32-38
32-37
32-8
32-39
32-42
32-43
e
e
e
CODE INDEX
STREETS AND SIDEW ALKS-Cont'd.
Open fires on streets. See: Fire Prevention
Parking regulations. See: Traffic
Pavement
Excavations in. See within this title: Excavations
Rod or stake, driven through ____mm__________u__u_________m__
Salt water on ______m__m__mum _mm_mmm_nnmmnm_m__
Sewer installation ahead of. See within this title:
Sewers and other Utility Installations
Surfacing and resurfacing public ways. See within
this title that subject
Permits. See also within this title various types as
required
Certain construction in, under streets and other pub-
lic ways ____ u____m___mnm_mu___________n____m________________n__
Construction permits for buildings, various purposes.
See: Buildings
Driveways and recessed parking areas. See within
this title that subject
Fences, walls, hedges and enclosures. See that title
Surfacing and resurfacing public ways. See within
this title that subject
Plans and specifications. See within this title various
types of construction
Poles, wires, conduits, etc. See also that title
Projecting signs. See: Buildings
Public ground
Concrete work. See within this title that subject
Qualification of workmen _____mn_m_____mmm_mum
Railroad crossings. See also: Railroads and Trains
Construction
Generally _mmmmm_m_m___m ___ummm_u____ _____mm____m_
Waiver of requirements nmm_m__mm_m_m__m_m___nu
Moving buildings over crossings. See within this
title: Moving Buildings
Street lights
Assessment of costs _______________m_m__mm___mm
Burning, time for u__________ ____mm______ _ ____m_mm ___m
Failure to install _mnmmm_m___unnnmm _uu_m_
Installation by city nuu__mmmm__________m___m_m_________
Installation in general ______________n
Necessity declared nm_m_______m____mm_mmm_mnu_m___
Required m_mm______m_______mmn__ ______m__m__
Type m _________________u
Recessed parking areas. See within this title: Drive-
ways and Recessed Parking Areas.
Refuse, dumping munmuu_ ______________m
Similar provisions. See: Garbage and Trash
1937
Section
32-8
32-2
32-11
32-264
32-279
32-281
32-290
32-291
32-290
32-290
32-289
32-286
32-287
32-288
32-4
SALINA CODE
STREETS AND SIDEW ALKS-Cont'd.
Restored surface, condition of nmm_m___mmm__m_________
Runways, made of wood _ _m___mm___mmum__m___m_____
Salt water
Pavement, depositing on ______m___mum___mm_u___________m
Setback lines
Planning. See that title
Sewers and other utility installations
Certification, collection of assessments _______m_mmmu
Compliance with other provisions m_____u_mu
Construction after deadline _______m______u_nm__mmmum
Duty to lay, when _____________m__un_mm_um_m_mn________mn_m
Laying by city
Assessment of costs ___m__________m___mmmm__m____umoo
Notice by city
Required ----------- ____________u____m_mm__________________________________
Permits, licenses, bonds. See within this title vari-
ous applicable subjects
Poles and wires. See that title; see also within
this title various applicable subjects
Sidewalks
Animals trespassing regulated. See: Animals and
Fowl
Driveways and recessed parking areas. See within
this title that subject
Excavations. See within this title that subject
General definitions ummmm_______m________um_______oo____m_
Snow and ice on sidewalks. See within this title that
sllbject
Snow and ice on sidewalks
Duty to remove uoo
Failure to remove
Nuisance declared
Removal by city and assessment of costs
Salt water on pavement ________noo__u__uu____u____oom_____
Stairways
Protection of __u___mum
Street
General definitions __om_mom
Street lights
Railroad crossings. See within this title that sub-
ject
Superintendent of streets
Duties, other matters. See: Service Department
Surfacing and resurfacing public ways
Bonds
Amount, execution, approval _m___________mu_m_m_m_m_m
Discharge of _______m__________u____________u________u______u__u____u__
1938
Section
32-263
32-2
32-3
32-234
32-236
32-235
32-231
32-233
32-232
1-2 (19)
32-303
32-304
32-302
32-305
32-3
32-12
1-2 (21)
32-178
32-177
e
e
e
CODE fNDEX.;
STREETS AND SIDEW ALKS-Cont'd.
Forfeiture .. ......................................
Required .....................................
Terms .............................".....,.....
Completion of work
Deadline .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ... .
Definitions .....................................
Existing plans, specifications i:.................
Permits. See also within this title that subject
Applications
Contents ...................................
Filing .............. ... . . . . . .. . .'. . . . . . . . . . . . . .
Required .......... i. . . ... . . . . . . . . .. . . .. . . . . .
Issuance .........................,............
Prerequisites. . .. . . . . . . . . .. . . . . '.' . . .. , . .. . . . .
Required .......................:......,.......
Revocation ...................................
Supervision of work
Rules, regulations authorized .................
Violations ......................................
Temporary banners and pennants' over. See: Build"
ings
Traffic. See that title
Trees ~bd shrubbery. See also that title
Trimming during building moving operations. See
within tbis title: Moving Buildings
Trespas~ing
Animals on sidewalks. See: Animals and Fowl
Utility installations. See within this title: Sewer and
other Utility Installations
Vehicle
Sales from .....................................
Vehicles spilling loads
Generally .......... '..: . . . . :. . . . . . . . . '. . . . . . : . . . .
Littering; similar regulations. See: Traffic
Violations. See also within this title various offenses
Visibility at intersections
Exceptions .. '.. . . . , . . . . . . . . . . . .. . . . . . . . . . . . . . .. .
Notice, removal by property owner. . . . . . . . . . . . . . .
Obstructions and encroachments. See within this
title that subject
Poles and wires. See that title
Preexisting violations ............................
Prohibited ............ ....... .... ;..C;. .,.,.........
Removal by city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trees and shrubbery. See also that title
Trees, fences, walls, hedges, etc., as to ...... :~. " .
Supp. No. 25
1939
Section
32-176
32-175
, 32-175 .
32-182
32-169
32-184
32-1'73
32-174
32-172
92-179
32-171
32-170
. 32-180, ?2-181
32-18?
32-.185
23-155.1
32-1
32-56
32-58
32-57
32-55
32-59
32-56
,.-;-;)
'-,'
SALINA CODE
STREETS AND SIDEW ALKS-Cont'd.
Warning devices. See within this title: Barricades,
Warning Devices
Water and sewers. See also that title
Sewers and other utility installations. See within
this title that subject
Weeds and bl.ush. Spe that title
Wires in streets. See within this title: Obstructions
and Encroachments
Wooden construction ..............................
Zoning. See also that title
Recessed parking areas. See within this title: Drive-
ways and Recessed Parking Areas
SUBDIVISIONS (APPENDIX B)
Comprehensive plan. See: Planning
Definitions.; words and phrases .....................
Design standards ..................................
Final plats
Generally .......................................
Jurisdiction, authority, purpose of provisions ...... . . .
Planning. See that title
Preliminary plats
Generally .......................................
Procedures, outlined ................................
Schilling subdivision tax provisions. See: Taxation
Variances and implements ..........................
SUNDAYS
Dances on Sunday. See: Dancing and Dance Halls
Leave policies of city employees. See: Officers and
Employees
SUNSET PARK
Parks, playgrounds and recreation. See that title
SUPERINTENDENT OF PARKS. See: Parks, Play-
grounds and Recreation
SUPERINTENDENT OF WATERWORKS. See: Water
and Sewers
SURETY
Bonds. See that title
SURETY COMPANIES
Bail, bonds, providing. See: Police Court
SURVEYS
Comprehensive plan. See: Planning
Stipp. No. 25
1940
Section
32-2
II
VI
V
I
IV
III
VII
CODE INDEX
e
SWEAR OR SWORN. See: Oath
SWIMMING POOLS
Municipal. See: Municipal Swimming Pools
Section
SWIMMING POOLS (Private)
Backflow protection .............................. 25-37
Construction ...................................... 25-33
Current carrying conductors, location ............... 25-42
e
Supp. No. 25
e
1940.1
e
e
e
CODE INDEX
SWIMMING POOLS (Private)-Cont'd.
Definitions __n _ ___n_mnnn m_nmn__n_n__n____m___n__ --0. ____mm_ 0.-0.--
Design _mn____ ___n____nm___n__________nnn__nmm_______mm______m____
Discharge system __n___m____________nn____m_____n____n_____mm___nnn
Electrical code, compliance _____n__m____mm___n__m_nm________
Enclosure of pool __________m____m______nn_m__m__________________m___m
Existing pools __ _mm_ m_ __ _m _ __m 0.__ __m_ 0.___ _ no. - - ____n___m 0.-- -- ____0.
Fences, railings, etc.
Grounding __m______m___________________n______n____n___m_________________.n
Grounding requirements _m____n_____n_n_m_____________m______________
Lighting facilities m___ _nmmm m____m___m_ _mm________n______n
Location of pool ___mm__n_________m_____m_____________________________n
Maintenance 0.______ _ _ n____m_________n_mn________n___________m____n___.____
Materials
Application nnm___ ____ 0. _ ______ ______ _m nm_________n ---------------------
Easily cleaned, requirement ____m___mmm_nn____n_____m__m_
Plans 0. _ _ nm_m_________n_______m________n__________________________________n____
Required __n__nnm__________n_________________m__n________._m___________ ---
Waterproof construction required m_n_m_m__n___m____m_
Plans ______________n______________n__________________________________m______nm___mn
Plumbing code, compliance __m_m_n___________m_m_m__m______m__
Recirculation, filteration systems
Required ___m__n____n__n_________________n ______m_ ______no. 0.______________0.
Safety equipment m_ ___m___n____________n________ ___________m_________n__
Water supply _m___m______n_______________m_m____n______n_______m__________
SWINE
Places where animals kept. See: Animals and Fowl
T
TAR
Boiling pitch or tar. See: Fire Prevention
TAXATION
Ad valorem taxes
Use of earnings from investments. See: Finances
Investment of temporary idle funds. See: Finances
Library, budget and tax levies. See: Libraries
Licenses, certificates, permits, etc. See that title
Schilling subdivision property _n_n_____m______________....__n_m__
Transient guest tax
Collection --------------------.--------------.------------------
Convention and tourism committee
Established; membership; terms; duties ---------------
Levied ___________________________.___________________._______--------.-
Revenues used to promote conventions and tourism
TAXICABS
Cruising m_________________ ___________________ ___m__m______m_..._m_______________
Supp. No. 24
1941
Section
25-29
25-33
25-38
25-41
25-45
25-47
25-43
25-43
25-40
25-44
25-35
25-31
25-32
25-31
25-30
25-32
25-31
25-39
32A-12
32A-13
32A-ll
32A-13
25-34
25-46
25-36
17-10
34-65
SALINA CODE
T AXICABS-Cont'd.
Definitions -----------------------__________________________________________________h__
Scope of certain terms ---------.----------_n____n_h____________h__
Doors, knobs and handles on ------------h____m___________h_____
Drivers' licenses. See within this title: Licenses (Driv-
ers)
Fares and rates
Charging for certain time ----------h-________n____________________h_
Established -. -.--------------.-------------------.----_____________h_____________
Filing and posting ___m______________________________________
Refusal to pay fare -----.._n__________________m___________._.______._
Violations regarding --------..----.------------._m___._________m____
Funerals, weddings, etc.
Exemption from provisions -m-----.--h_____m__.____m_m____h
Handles. See within this title: Knobs or Handles on
Doors
Illegal purposes
Using taxicab for -------nm___n_____h__._.___._________m_.______.__
Inspection of vehicles -----------hm-_._______._________m_____m___
Fees ---- .-.-----h--------____.___.________________h______________._______________
Inspections
Licenses. See within this title that subject
Meters. See within this title: Taximeters
Insurance --------------------------------.--___h__.___.______h_____.______
Knobs or handles on doors --.-.---.h-_________________.___m_____..
Liability ------------.-----------_______m__m________________________________._
Licenses and license fees. See also: Licenses, Certifi-
cates, Etc.
Application
Approval ----- --.----.--.--.------.--..--.--.-..-_____._____n__._____.__h_.
Contents ___.__._. ._._._._..._______..______.__________________._______.__.
Required ----------------..-------.---------------______h__________.__.__
Residency of licensee -----------._______m______________________
Signing --________h__________________________________________________.___
Driving without or improper license -------________m_______
Fees _____m_______________________________________________._.__m___________._
Identification -------.-----.----------------------_______m___
Identification of interested parties __.______________________
Inspection of ------------------________m_________________________________
Insurance _______________________________________.______________
Issuance _____.______.________________________
Plate, other requirements. See: Vehicles for Hire
Posting ________.___________________.________________________.______
Register of ____________________________________________________________
Required ------------------------m---____________________m____._______
Revocation and/or suspension
Authorization -_______m.________________________________________
Supp. No. 24
1942
Section
34-39
34-40
34-62(2)
34-76
34-68
34-68
34-78
34-70
34-41
34-80, 34-81
34-53
34-54
34-52
34-62(2)
34-52
34-51,34-55
34-44
34-44
34-45
34-48
34-50
34-57
34-61
34-48
34-61
34-52
34-51, 34-55
34-61
34-56
34-43
34-58
e
CODE INDEX
T AXICABS--Cont'd.
Unfit vehicles --------n_u_____________________________________mum_
Vehicle and drivers license for violations _______n_u____
Signature ______________________________________________________________
Term, duration of ---m___m_________________m________n______n_____
Title certificate required h_h__U..______u._m_mu___.um._____m
Section
34-53
34-59
34-61
34-57
34-46
e
e
Supp. No. 24
1942.1
e
e
e
CODE INDEX
T AXICABS-Cont'd.
Transferability _m__n_nm - n_____n___n_______m______d___
Vehicles covered by _____ _mmnn- _m__nm____n____________________
Vehicles for hire, other. See: Vehicles for Hire
Vehicular requirements for posting, etc. n_m___m_____n_
Licenses (Drivers)
Ability to drive, examination for --
Age, residence of applicant __n______
Applications
Approval ______mm ____ ____0000_________00 n____nm___m_m____m__m_
Content 00____00 __ n_____u____m__ m_________m_m___nn______n_
Required __m__n___n______n_ mm_nnm n_____mnn__
City geography, examination regarding __n___n___nmn__
Criminal record of applicant
Investigation, report regardim;~ ___m_m_________________m__
Licensing of persons with _m___n _m_nm_m__m_m__m___
Examination and fee _mm______mm- _m___m____mm____m_m__
Expiration, renewal ________m__nm______n_m_____________n_______n_m
Fees
Refunds, prorating ______n_n_____ _m_nm_m______n______n_______
Identification badges nm_m__m_m_m_m_m_m_m_n______m__n
Display of __ m__m_____n_____nmm_____n_m_m____
Duplication of ___n________ _ nu_________m____m_m__________n_________
Required _m____m_nnm__n_ ____n___m__ ____n__m__m_n________d__m
Investigation, report on criminal record of appli-
cant n__m__m___ ___________ -- u_______m__m_______m_____n
Issuance _ _____n___m__m_m _m__mm_n__m__m__nd______
Required __ __m___n___ ___m__m__m_m__________m_
Revocation and/or suspension
Appeals __nn________m__m_m_ __m_m__mnm______n__m__
Authorization __________n_m_m_m_____ n______n__m______m__n______
Eligibility for new license after _m_ _mm_____n_____m____
Grounds __m____m______n______m__n__n___m_n____m__
License taken up upon ____m_n____ __n_______m__n_m___m____
Reports regarding ___ _nnm_m__nm______________m________________
Traffic law knowledge
Examination, report on _ _ _ ________d__m__m______m__m______
Transferability __n___ --- _m______________________________________________
Unfit persons nn______ _m______n_n___________n_________m_________________
Liquor
Using cab to transport m___n_____n___n____m______m___n____nn___
Maintenance of vehicles m___________m_________n____n__m__n_____n____
Manager
Appointment __n_________mm__m_____m___ _n________________________________
N am e, filing m_____m__ ___________ _m_________________________________________
Meters. See within this title: Taximeters
Operator, defined _m_m_________n_m__n__nn____n_________________________
Supp. No.6
1943
Section
34-49
34-47
34-62
34-93
34-90
34-94
34-88
34-88
34-93
34-91
34-92
34-89
34-96
34-97
34-98
34-99
34-101
34-98
34-91
34-94
34-87
34-106
34-103
34-106
34-102, 34-108
34-104
34-104
34-93
34-100
34-96
34-81
34-63
34-63
34-63
34-40
SALINA CODE
TAXI CABS-Cont'd.
Owner
Arrangements considered single firm or owner u_m_u_
Defined - ___n -u-----u-__m________u___m_u --un-________u_u_m_________u_
Manager. See within this title that subject
Passengers
Cruising, soliciting UnUnu___ -----n--____m_u_Uh_____m_
Fares. See within this title: Fares and Rates
Immoral purposes, use, permitting use of cab for,
etc. ----- ---------_n__nu__________m_______ --n--------____u_mm____u
Intermediate pickups without consent m--m_um_m_u_u
N umber limitation --------------------------u--m_m_u_____mu_u_m___
Refusal to pay fare. See within this title: Fares and
Rates
Pool cab service
Applicable provisions u-----m_m____m_m____u___
Availability of u __ u ______ u _U__U_____m
Defined ______ _____ u_ _u------------u-muu_________mm__uu
Fares, rates __ ___nUnu__u_ ---u-m-m-_u____uu___m______m_u___
Persons authorized to operate _ __ -------unu______u_m_mm__
Provisions applicable to ___ n -------u-m_m_uu___________u__u___
Prostitution
Use of cab for immoral purposes __m ---u-_u____u______m_m
General provisions relative to prostitution. See:
Indecency and Obscenity
Rates. See within this title: Fares and Rates
Residency of licensee ----n-----------_______m_m___________u_
Requirements for vehicles
Frames for cards n-n----m-u____________n__u_m____u_
Knobs or handles on doors _ _ ---nu-u__u________u_u____u
Name and number on outside of cab -----m_u____un____u___
Stands
Designation and use. See: Traffic
Streets, defined n___u___u____
Taximeters
Connecting to drive wheel _u u -n----------_______m__u_mm__
D,efined u__ nn_____Un__________nu ----u-m_m_m_uhm___u_u__
Fares. See within this title: Fares and Rates
IIIumina tion --mun____u_u_m____m_ -u-----un______UU__Uh__u_m___
Incorrect, unapproved ____ n__nUn___ -------------------u_u_m____u_
Inspection, testing of ---u------------n_____U___nu____m_m__________
Maintenance __ n____u___________m__ ___m_______ um-uu_mmuuuu_u_u_
Required _ n__u __ _______m_ -nu--n-----------__m__m____m__n___um___
Requirements for ___n___ ---u-----------------m-______uu_u_u_uu
Signals ---------h-----------u____________u________mu
Telephones, restrictions _____m_m___ -----m_________u_____
Title certificate required, when _____ _ u-m__um__u__m__________
Supp. No.6
1944
Section
34-64
34-40
34-65
34-80
34-69
34-79
34-82(5)
34-82(4)
34-82(2)
34-82(3)
34-82(1)
34-82
34-80
34-45
34-62 (1)
34-62(2)
34-62(3)
34-39
34-72
34-39
34-73
34-72
34-77
34-74
34-67
34-31
34-75
34-66
34-46
e
CODE INDEX
T AXICABS-Cont'd.
Traffic. See that title
Unfit vehicles Hm_______H_H____ ---- _______________________m_______
Operating n________________________ m m_____________--------n--------
Vehicles for hire. See that title
Violations. See also within this title various offenses
Generally ____________ - __________n________________n__
Section
34-53
34-60
34-42
e
e
Supp. No.6
1944.1
e
CODE INDEX
TELEPHONE CALLS
Indecent, harassing _m__n________________n________ __ _____m________________
Taxicab restrictions. See: Taxicabs
Section
23-151
TELEPHONE COMPANY
Franchise ____________m______m_____m________________mn____m_m_n__m_____mApp. E, Art. IV
TELEPHONE POLES. See: Poles, Wires, Conduits,
Etc.
TELEVISION
Radio interference. See: Radios
TELEVISION ANTENNA FRANCHISE _______________________ App. E, Art. III
TELEVISION CABLE
Prohibited wires in streets. See: Streets and Side-
walks
Poles and wires. See: Poles, Wires, Conduits, Etc.
TENANTS, OCCUPANTS
Construed _______n________n_mn_mnm___________mn_n____...m._..m__.m.___ 1-2 (22)
TENT SHOWS. See: Carnivals, Circuses and Tent Shows
e
TENTS
Awnings, canopies and marquees. See: Buildings
Temporary housing; housing standards. See: Hous-
ing
TERMITES
Pest control. See that title
THEATERS
Amusement permits. See: Amusement
Licenses and license fees. See: Licenses, Certifi-
cates, Etc.
Marquees, awnings, etc. See: Buildings
THEFT
Petit larceny. See that title
Stealing, other provisions. See: Stealing
TIME
Computation of time for code purposes __m____.___m____________
1-2(4)
TOBACCO
Spitting tobacco products, other filth. See: Spitting
TOILET FACILITIES
Cesspools, septic tanks, etc. See: Water and Sewers
Housing standards. See: Housing
e
Supp. No. 24
1945
SALINA CODE
TOILET F ACILITIES-Cont'd.
Plumbing. See that title
Restaurants and similar places. See: Food Regula-
tions
TOURISM
Convention and tourism committee
Transient guest tax. See: Taxation
TOY VEHIGLES
Use on roadway. See: Traffic
TRADING STAMPS
Regulated _h___________ _m__ ____ ______ ________m______h__hm____h____m_____ ______
TRAFFIC
Accidents
Damage to vehicle, involving ___m_h_m_____h__n___h_n___nn
Death or personal injury, involving ____mnnmmm___mnn
De bris causing n__n______n______m__m__m____m_n_____________________n
See also within this title: Littering Regulations
Debris resulting from, removal __m__h_n__________m_m__hm
Fixtures on highways
Duty on striking ______________m____m_________h____________hm___m
Information and aid
Duty to give nm_h____nn__h_m_m__m_hm__mn_____m____mnn_
Reports
Driver incapacitated hmmmnm_m_m_m__ __h_h___m__n_m
Filing; confidential nature of m_m_____n___mm___m_________
Generally ______m_n_____m__nn_________mh_______m________________m___
Unattended vehicle
Duty on striking m__mn______m______m_______m___nm___m__nm_
Alcoholic beverages. See within this title: Intoxicating
Liquor or Narcotic Drugs
All night parking. See within this title: Parking,
Stopping and Standing
Alleys
Defined _m__h__ ____________n___h________h________m______ _h__h__n___m_n_m
Stopping when emerging from ______m____h_____n________m_m_h
Parking, stopping and standing. See also within
this title that subject
Vehicle emerging from m_____h__________h__h_______h_____________h____
Ambulances
Accidents. See hereinabove that subject
Authorized emergency vehicles. See within this title
that subject
Supp. No. 24
1946
Section
23-158
22-267
22-266
22-16(2)
22-16(3)
22-270
22-268
22-272
22-273
22-271
22-269
22-1(1)
22-138
22-111
e
CODE INDEX
TRAFFIC-Cont'd.
Angle parking. See within this title: Parking, Stopping
and Standing
Animals and animal-drawn vehicles
Applicability of provisions mmm_m____m__ um_m_mm
Arrest procedure. See within this title: Violations
Section
22-12
e
e
Supp. No. 24
1946.1
e
e
e
CODE INDEX
TRAFFIC-Cont'd.
Authorized emergency vehicles
Defined ~~~___m~~m~~~.~~__~__~~~~~______m____~ ~m___nnn~~__
Duty of other vehicles upon approach m~m~~
Exemptions, privileges of m_mm~_m~m__m_~m_ ~~_m~~~_m_m
Fire apparatus. See also within this title that sub-
ject
Speed regulations. See within this title that sub-
ject
Backing of vehicles
Limitations on _m~mn_n__~_ ~~~____mn_m__~~
Backup lamps. See within this title: Equipment on
Vehicles
Barricades
Removing, interfering with. See: Streets and Side-
walks
Bicycles
Applicability of provisions _mn.m__~_m~~~m~mm~~m_______~
Clinging to moving vehicles mmnm ~~~~____mn~mmmnm
Defined m_~m~m~__mmnmm__~m~_~~__u~~m~m_~~_
Manner of riding on __m_mm___~~m_n~_~m~~m
Riding on sidewalk in business district ~~__
Sidewalks
Duties when riding on mmmnm~n_~~m__~mm ~~___~~m_m__
Violations, procedure. See within this title: Viola-
tions
Blind pedestrians. See within this title: Pedestrians
Blocking. See within this title: Obstructions
Blood test. See within this title: Intoxicating Liquor
or Narcotic Drugs
Bottles on roads. See within this title: Littering Reg-
ulations
Brakes
Equipment requirements. See within this title:
Equipment on Vehicles
Bridge
Parking on. See within this title: Parking, Stop-
ing and Standing
Passing on. See within this title: Overtaking, Meet-
ing and Passing
Special speed limitations. See within this title:
Speed Regulations
Building
Stopping when emerging from ___
Building moving operations
Precautions. See: Streets and Sidewalks
Bus, school. See within this title: School Bus
1947
Section
22-1 (2)
22-113
22-10
22-121
22-12
22-206
22-1(3)
22-207
22-209
22-210
22-138
SALINA CODE
TRAFFIC-Cont'd.
Bus stops
Use. See within this title: Parking, Stopping and
Standing
Buses
Defined m_____________ __m_________
Business district
Bicycles, riding on sidewalks ________mnm___mn___
Defined _
Speed regulations. See within this title that sub-
ject
Careless driving
Reckless driving. See also within this title that
subject
Children driving. See within this title: Driver's Li-
censes
Coasters
Clinging to moving vehicles nn___m_m__u ___________n__mm____
Use on roadway ___m__n____ ________m_nm______ ___m____m_m_mn
Collisions. See within this title: Accidents
Commission. See within this title: Highway Commis-
sion
Crosswalks
Defined __n__m__m__m_nu__m__m__nnmu__mmmnmm_m_mn____
Designation. See within this title: Traffic-Control
Signs, Signals and Devices
Intersections. See also within this title that sub-
ject
Parking on. See within this title: Parking, Stopping
and Standing
Pedestrians. See also within this title that sub-
ject
Crossings
Railroad. See hereinbelow: Railroads and Trains
School crossing guard. See within this title that
subject
Curb loading zones
Designation of loading and unloading zones
Marking and use of mum__m_mnmm______m_mn_____
Passing on. See within this title: Overtaking, Meet-
ing and Passing
Daylight saving time. See within this title: Official
Time Standard
Definitions _m___m_____
See also within this title various subjects as de-
fined
1948
Section
22-1 (4)
22-209
22-1(5)
22-77
22-206
22-15
22-1(7)
22-151
22-152
22-1
e
e
e
CODE INDEX
TRAFFIC-Cont'd.
Parking meter definitions. See within this title:
Parking Meters
Reckless driving m_ _m_m___uu____u
Department
Defined __ _mm_________
Highway commission. See also within this title that
subject
Divided highways
Driving on m___ ___mmm__m
Double parking. See within this title: Parking, Stop-
ping and Standing
Drivers
Applicability of provisions _m__m_m_______
Defined m____m m______m___ m__m________
Driving mechanism obstructed, driving when
Persons riding on part of vehicle not designed for
passengers
Driver's licenses
Applications
Referral; action on ______m_________ m_mum____
Children
Necessity to license, as to
Permitting to drive _m__m__m_ _____mm_____
Restricted licenses _m__mm_m
Restricted licenses, applications ______
Required __n __m_____m__ __ ___m______
Unlicensed operator, permitting driving by
Use of vehicle when license revoked, cancelled or
suspended
Driveways
Parking in. See within this title: Parking, Stopping
and Standing
Private road or driveway. See within this title that
subject
Stopping when emerging from m___m_
Driving
Passenger interfering with view or control of ve-
hicle m__________u_____ __m_m__m_ ____m__m_____
Drugs. See within this title: Intoxicating Liquor or
Narcotic Drugs
Elevated structures
Parking on. See within this title: Parking, Stop-
ing and Standing
Special speed limitation. See within this title: Speed
Regulations
Emergency vehicles. See within this title: Authorized
Emergency Vehicles
1949
Section
22-76(1)
22-1(8)
22-97
22-9
22-1 (10)
22-202
22-204
22-32
22-31
22-30
22-32
22-32
22-27
22-29
22-28
22-138
22-203
SALINA CODE
TRAFFIC-Cont'd.
Equipment on vehicles
Additional lighting equipment on certain vehicles _m
Animal-drawn vehicles
Lamps and other equipment on __n______________________________
A uxiliary lamps ____ ___m ___m ____ _______m___m___m________n__ ____. _m___
Back - u p lamps ___________m_____m_________________________
Bicycles, lamps on __m_mm____________m__m___________________m______
Brakes on vehicles
Equ i pmen t required m____________________mm_ _________m ___m __ ____
Performance ability m_______ _____m__m_______ ________ m___________
Clearance lamps
Color of _______m_m_ ______n___nn__mm________________m_____n______nm
Mounting ____ _ _m_______m_________________m__m_______mn________ ________
Visibility ______ ____ n______________________________m______________________m__
Com pliance ________m___ ______ ______m______m__ ____ ______mmm_____________
Exem pti ons ___m_ m ____ __________ m_m_____ n_mn_____m_m__________ ______
Flashing lights, use restricted _____ _________m___________
Fog lam p s _________________m______m_ __________ _m_________________________m____
Generally __________ ____ __m_m__m__________ ____m_______________ m_ n ________
Head lamps and other lamps
Additional equipment ____. m_________n___m_______m___m__mn_
Mounted height of __m___________________m______________m______m
Number of driving lamps required or permitted
Obstructed light ___ ____mm____m______n__________mm_______
Require d, generally ______m__m______ ____ ___n_ m__m__ __________ m_
Selling, using lamps or devices ____________________________n____
Special res trictions m________n___m________n_____ m___n____________
Sunset hours, time when turned on m__m________mm__
V isi bili ty distance ___m____ m______n_____m___mm___________ _m__
Horns and warning devices _________________________________m_
Lighted lamp required, when __m________m________________________
Marker lamps
Visibility _______m _ __m_________m____m___m__.____ _m_____._.______
Mechanical signaling devices m___mm.________mm__________._.
Mirrors ____m_________m.___________m______ ____..__nnm____m________ ____nn__
Mufflers n_________.m___________.____m____________________ __mm___m_m__m_
Multiple-beam road-lighting equipment __mm_m_______m
Noise, fumes, devices for prevention of _____m______________
Parked vehicles, lamps on ____h____n__m_____nh_h__m____m__m
Pole trailers, lamps on __m____m__n____________.______m_m_m____
Projecting load, lamps or flags on m_________________m___mm
Red lights, use restricted _______________m_______m__m__________m
Refl ectors __________ __ __ __ m_____ ______n_ _.___.___________ .______________.__________
Color of _m______ __________________nn____.___m_______ ___________________m__
Mounting _ m______________mn________.____ _______________m__
V isibility___ m.____ ____on h._ _m ____m__m__ ______ _m_nhm
1950
Section
22-289
22-297
22-298
22-290
22-296
22-307(1)
22-307(2)
22-290
22-291
22-292
22-284
22-285
22-305 (3)
22-298 ( 4)
22-284
22-289
22-286
22-304
22-293
22-287
22-306
22-305
22-286( 1)
22-286
22-308
22-286
22-292
22-299
22-310
22-309
22-301,22-302
22-309
22-295
22-289(5)
22-294
22-305
22-288
22-290
22-291
22-292
e
e
e
CODE INDEX
TRAFFIC-Cont'd.
Road-lighting equipment
Alternate ______mm___mm___mnm ___u_unummmm_
Multiple-beam ___ _____n__un__mnn_mn_mm_______mnuunm__
Safety hitches, drawbar connections, etc. See with-
in this title: Size, Weight and Load of Vehicle
Side marker lamp
Color _________m ___________m_nmnmmnm
Mounting _____n_mnmmmu
Signal lamps and devices ______________ _m____mmnm
Turning movements. See also within this title
that subject
Size, weight and load restrictions. See within this ti-
tle: Size, Weight and Load of Vehicle
Spot lamps u_ _u__u__m__um_mnn_m__
Tail lamp nnmnmmm___n_n________mmmummmnm
Additional equipment __mmuu__mm__uu___m_
Tire equipment
Restrictions ___u____ ___mumummnumm_______mm__u_
Tires and wheels on vehicles. See also within this
title that subject
Trucks and other heavy equipment
Additional lighting equipment
Vehicles transporting explosives u__m_ _mnmm_
Windshield wipers _ ______nun
Windshields
Unobstructed, required
Excavations
Parking alongside or opposite. See within this
title: Parking, Stopping and Standing
Explosives
Defined m ___mm_numm_m_________m_m__m_m_m_
Nitroglycerin, transporting __________m_mmu ___nm ______
Requirements for vehicles transporting m
Farm tractor
Defined _m m_____m_m_m_mmm_______________ m_____m_mm_n
Fire department
Emergency vehicles. See within this title: Authorized
Emergency Vehicles
Other provisions. See: Fire Department
Fire hydrants
Obstructing. See: Fire Department
Parking near. See within this title: Parking, Stop-
ping and Standing
Fire station entrance, blocking. See within this title:
Parking, Stopping and Standing
Flags
Projecting loads. See within this title: Equipment
on Vehicles
1951
Section
22-303
22-301,22-302
22-290
22-291
22-299
22-298
22-288
22-289
22-313
22-289
22-314
22-312
22-311
22-1 (11)
23-159
22-314
22-1(12)
SALINA CODE
TRAFFIC-Cont'd.
Flammable liquid
Defined _____u___m_nmu_nnnm___________ ________mm_mu_
Flashing signals. See within this title: Traffic-Control
Signs, Signals and Devices
Equipment on vehicles. See hereinabove that sub-
ject
Following too closely
Funeral processions. See within this title: Parades
and Processions
Garbage haulers vehicles, standards. See: Garbage
and Trash
Glass on highways. See within this title: Littering
Regulations
Grade
Passing on. See within this title: Overtaking, Meet-
ing and Passing
Guide dog provisions. See within this title: Pedes-
trians
Hazards
Speed, reducing. See within this title: Speed Regu-
lations
Head lamps. See within this title: Equipment on Ve-
hicles
Highway commission
Defined _ __u__u______uu__n u_um_mm_m___m uu _______m
Department. See also within this title that sub-
ject
Traffic-control signs, signals and devices. See
within this title that subject
Hills and grades
Turning on. See within this title: Turning Move-
ments
Unattended vehicles, leaving. See within this title:
Parking, Stopping and Standing
Hitchhiking. See within this title: Pedestrians
Horns and warning devices. See within this title:
Equipment on Vehicles
Ice removal. See: Streets and Sidewalks
Impoundment and removal of vehicles
Nuisance vehicles u_____m ___u___mummm_mm__
Persons parking on private parking without per-
mission. See within this title: Parking, Stopping
and Standing
Intersections
Blocking _m_____________ ______mm_m__nu ____m__m___
Obstructions. See within this title that subject
1952
Section
22-1(13)
22-98
22-1 (6)
22-14
22-112
e
e
e
CODE INDEX
TRAFFIC-Cont'd.
Crosswalks. See within this title that subject
Defined __ _ommnmnnm n_mom___nmm___o
Manner of turning at _moom___m_n_mm_mo__m___
Turning movements. See also within this title that
subject
Overtaking at. See within this title: Overtaking,
Meeting and Passing
Pedestrians. See within this title that subject
Right-of-way Om__mm__nn__mmnmnn_n
See also within this title that subject
Stop and yield intersections
Authority to designate nn_m__m__nnn
Lettering of stop signs n no_nm__m________nn__n
Obedience to __m_m_m_ mn_mmm___
Traffic-control signs, signals and devices. See with-
in this title that subject
Turning movements. See within this title that sub-
ject
Intoxicating liquor or narcotic drugs
Blood test
Additional tests, entitlement to
Arresting officer to direct n
Consent to submit to n__mnmoo_ mo_m___n___mm___m
Evidence of intoxication __
Other evidence, submission
Refusal to take test _m___
Report of mO___m_nm
Withdrawing blood, person authorized
Driving under influence _n
Evidence of intoxication
Presumptions __m__n___mm __0000___00__ m_nn_Omm__mmnnn__
Lamps. See within this title: Equipment on Vehicles
Laned roadway
Defined
Driving on
Lanes
Changing of ---_m_nnm_m__m____mm_nO___n_m
Marking. See within this title: Traffic-Control Signs,
Signals and Devices
Licenses (vehicle)
Driver's licenses. See within this title that subject
Required _moonmnu_ n__mnmm____m_m
Tags
Altering, defacing n ___m_mn__m______mm_ mum___mmn
Cleanliness, visibility of _mom
Displaying on wrong vehicle mm___m__nm _m___m_mmm
Required nMnm_m__mn 00 ___mm_n___nmn_m
1953
Section
22-1 (14)
22-99
22-108
22-132
22-134
22-136
22-73
22-69
22-68
22-74
22-75
22-70
22-71
22-72
22-67
22-74
22-1 (15)
22-96
22-120
22-33
22-34
22-34
22-35
22-33
SALINA CODE
TRAFFIC-Cont'd.
Liquor. See within this title: Intoxicating Liquor or
Narcotic Drugs
Littering regulations
Glass, other debris on highway ~~~~u ___~~~m~~~~m__~__~~m__m
Private garbage haulers, transportation regulations.
See: Garbage and Trash
Vehicles spilling, leaking, sifting loads. See within
this title: Size, Weight and Load of Vehicle
Loads on vehicles
Equipment requirements. See within this title: Equip-
ment on Vehicles
Size, weight and load of vehicle. See within this title
that subject
Meeting of vehicles. See within this title: Overtaking,
Meeting and Passing
Metal tires. See within this title: Tires and Wheels on
Vehicles
Minors
Driving. See within this title: Driver's Licenses
Parental responsibility for violations. See within
this title: Violations
Mirrors. See within this title: Equipment on Vehi-
cles
Motor-driven cycles
D ef in ed ~~~~~~ ~~~~~~ ~ ~ ~ ~ ~~~~ ~~ ~~ ~ ~ ~~~~ ~~~~~~ ~m ~~~~ __ ~~ ~ ~m n~~U ~ m __ m ~ ~~ ~~ m~~~
Motor vehicles. See also that title
Definitions m~~___~ ~___m~__~~~__~~~~~~m ~~~~~~~m__mmmm~~___m__~~~n
impoundment and removal of vehicles. See within
this title that subject
Regulated. See within this title specific types
Motorcycles
Clinging to moving vehicles ~~~~~~~m ~~~n~____m~~~~~~~m~_m_____
Defined ._~ _~~~~~~m_n__~__u_m_____m________~_~________m____mu_mn____-~~
Manner of riding on _~~~_______________m_____~____m~~~~___~~~_______~
Moving buildings, approval of route, etc. See: Streets
and Sidewalks
Moving vehicles
Boarding, alighting from ____~_~~__mm_~__m~__mm______
Persons clinging to mm______~~_~_________m___m_m_mm______~
Mufflers
Equipment on vehicles. See within this title that
subject
Nails and similar items. See within this title: Littering
Regulations
Narcotics. See within this title: Intoxicating Liquor or
Narcotic Drugs
Nitroglycerin, transporting ______________~______m
1954
Section
22-16
22-1 (18)
22-1
22-206
22-1(17)
22-207
22-205
22-206
23-159
e
e
e
CODE INDEX
TRAFFIC-Cont'd.
Noise
Mufflers and other equipment. See within this title:
Equipment on Vehicles
Quiet zones - ____mm___m______mm____mmm____mm___mm__________
Nuisances
Impoundment and removal of vehicles. See within
this title that subject
Obstructions
Intersections, blocking __ ._m__hn___mmmm_h___________________
Parking, stopping and standing. See also within
this title that subject
Slow speed impeding traffic _n_______n________m___________________
Snow and ice. See: Streets and Sidewalks
Speed regulations. See also within this title that
subject
Trains blocking streets. See within this title: Rail-
roads and Trains
Official time standard
Defined _m____n____ m_ __n____m________mhmh____.._hn__ _..____nm.mm_
Official traffic devices. See within this title: Traffic-
Control Signs, Signals and Devices
One-way roadways
Driving on _m_m.. ____ mm _mm___..m_m__m ___m _mmm _n_ _____mo.
One-way streets
Parking, stopping and standing. See within this ti-
tle that subject
Operator. See within this title: Driver
Overtaking, meeting and passing
Crest of grade, curves, other hazardous places _.__h_._
Driving through funeral - processions. S~ withm
this title: Parades and Processions
Left side
Limitations ____ ______ __________.m______ .mm.__m__m__.n.n_____...._
Passing on __n__________nm__ __wm____m____________._.______m_________
Right side
Duty to keep to ____mm.______m__nm____.__n_____m_______m_____
Overtaking, passing on nmn_nm_mn______nmhn____n
Rotary traffic islands _m____h_m_n.m__m_m____n n.._._..______.
Turning movements. See also within this title that
subject
Vehicles proceeding in oppQsi~ dlrlltCtion
Meeting of h____m_nnnn___n_______.._____.__m____mn__n__________
Vehicles stopped at crosswalk _m__m________n__________________
Owners
Defined
Supp. No. 22
1955
Section
22-115
22-112
22-86
22-1 (20)
22-95
22-92
22-\12
22-91
22-90
22-93
22-95
22-94
22-213
22-1(23)
SALINA CODE
TRAFFIC-Cont'd.
Parades and processions
Driving in __h____hhnhmhm___m_h_m___h ____mm_m___h____h______
Driving through h______h________________m_____________________n____n____
Funeral processions
Pennant or escort required for ____h_m___u_ ___n_hmUn
Permits
Required
Parking meters
Coin deposits
Required _mm__ ______h_____________n___m___m
Construction h ___________hn___u___________
Defined __ _________hh____h ____m______n_________m_hm____m___U__h_______
Front wheel to be against curb __m____nm_____________
Holidays, operation on ___nnh___________m___mm___ __nh___mu_
Improper parking, penalties nmnnm____________h _______mn___
Installation mu_________n_ mnnmun _ _mm__n___nhm_________
Location ___ _______hmm____u_mnmm_________________n____n_m_mnm___
Maintenance ____h _____mh________nm_mnm___n ____n____mh__m_m___
Procuring ____n____n_____mhhh_m______n__n________m____nmh__________u
Provisions declared supplemental _nnmh_____nm___m________
Receipts, purpose of ____nm___h______nmn_______nmmm___nh m
Spaces
Marking n_____ -___________n____mnm______n________m_________mn___n__
Stalls
Designation ____ _n________nm______mnm_____mm____m__
Parking in __nm__m_____mmm__h_______mm_mUn__m_________mnm
Violations
Penalty hh__hhnhnm_____n________nmn_____nhm___m_m___n__h____
Zones
Esta blishment _n____n_n__h____n_________h_n_____ ______hm_hmm__
Parking, stopping and standing
Alley, stopping when emerging from ___nmhmn__h___n
Angle parking ____hhn_nn________m__mm_________
Arterial streets at night
Parking of certain vehicles on prohibited ____Uhm_
Bridge, upon n_____m_m_______ m _ ______m ___ mn _ _ n___ _ nm
Crosswalks, near __mm_______mm __mmm_____m_____
Definitions nnm____n_m_nm nhn___m_mn
Dc.uble parking
Defined nm--___m_hm____m_____n____m_mm_hmmn____h________h__
Elevated structure, upon --m_______n___n___m___h_mm_m____nn_
Emergency vehicles
Duty to stop for n ----_____mm____hm___n_mmm________m__m__
Privileges and exemptions. See within this title:
Authorized Emergency Vehicles
Excavations
Alongside or opposite m_m___m__mm_m__m_m_m_mm__m
Supp. No. 22
1956
Section
22-236
22-237
22-235
26-234
22-182
22-177
22-169
22-181
22-178
22-180
22-1~5
22-177
22-176
22-176
22-173
22-172
22-175
22-179
22-179
22-190
22-174
22-138
22-147(3)
22-150
22-143(13)
22-143(6)
22-1
22~1 (9)
22-143(13)
22-114
22-143(11)
CODE INDEX
e
TRAFFIC-Cont'd.
Fire apparatus. See within this title that subject
Fire hydrants
Obstructing, other regulations. See within this
title: Fire Department
Fire station entrance
Blocking .....................................
Hand and arm signals .............. . . . . . . . . . . . . .
Handicapped persons, parking spaces for
Designation of by board of commissioners .......
Exact location
Designation of by city manager .........;....
Unauthorized parking prohibited ...............
Illegally stopped vehicles, removal ...............
Impoundment and removal of vehicles. See within
this title that subject
Loading and unloading zones. See also within this
title: Curb Loading Zones
Designation ..................................
Marking and use ..............;...............
Manner of parking regulated .....................
Mobile home requirements. See: Trailers and Trailer
Parks
Moving another's vehicle into prohibited areas ....
Nighttime parking
Parking of certain vehicles on arterial streets ...
Off-street parking and loading. See: Zoning
One-way streets ................................
Overtime parking offenses .......................
Parallel parking ................................
Parking of certain vehicles (trucks, tractors, mobile
homes, buses, etc.)
Regulated in residential areas; nighttime parking
Private property without permission ..............
Penalty ......................................
Removal of vehicle ............................
Property line and curb line, between .............
Quiet zones ............................. . . . . . . . .
Repairing, washing vehicles on streets ...........
Roadway side or another vehicle ......... . . . . . . . . .
Safety zones, in ................................
Separate offense, each hour over .................
Signaling devices .... . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signals required, when ..........................
Signs for parking time limits ....................
Traffic-control signs, signals and devices. See
also within this title that subject
Supp. No. 25
e
e
1957
Secti'on
22-143(10)
22-106
22.159
22-160
22-161
22-140
22-151
22-152
22-147
22-144
22-150
22-147 (2)
22-146
22-147.1
22-150
22-153
22-154
22-155
22-143(15)
22-115
22-157
22-143(12)
22-118
22-146
22-107
22-105
22-53
SALINA CODE
TRAFFIC-Cont'd.
Specific locations
Regulations for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Spot lamps on vehicles. See within this title: Equip-
ment on Vehicles
Starting parked vehicles .........................
Stop and yield signs
Other regulations. See within this title: Traffic-
Control Signs, Signals and Devices
Stop or yield intersections
Duty when entering ..........................
Stop sign, near .................................
Taxicab stands
Designation and use .... . . . . . . . . . . . . . . . . . . . . . . .
Marking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Through highway
Authority to designate .........................
Time limits
Marking of vehicles in violating areas ..........
Traffic-control signs, signals and devices
Near ........................................
Trucks, tractors, etc.
Parking certain vehicles on streets in residential
areas ....................................
Parking of trucks generally ...................
Unattended vehicles
Duties upon leaving ...........................
Violations
Penalty, generally ............................
Parks, playgrounds and similar places
Speed regulations. See within this title that sub-
ject
Parkways
Use restricted; operation of vehicles on ...........
Passing of vehicles. See within this title: Overtaking,
Meeting and Passing
Pedestrians
Bicycle provisions. See within this title: Bicycles
Blind or incapacitated persons
Duty of driver when encountering .............
Impersonating ................................
White cane or walking stick; guide dog
Rights of persons when not using ............
Coasters, roller skates, toy vehicles
Use .... ......................................
Control signal legend ...........................
Supp. No. 25
1958
Section
22-145
22-104
22-110
22-143(7)
22-141
22-142
22-132
22-148
22-143(7)
22-150
22-149
22-156
22-158
22-208
22-220
22-222
22-221
22-15
22-215
CODE INDEX
e
TRAFFIC-Cont'd.
Crossings
Certain vehicles to stop at all crossings . . . . . . . . . .
Crosswalks. See also within this title that sub-
ject
Crossing at other than in ......................
Overtaking vehicles stopped at .................
Right half, duty to use .......................
Right-of-way .................................
Dashing into traffic ................... . . . . . . . . . .
Defined ........................................
Hitchhiking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Intersections. See also within this title that subject
e
Supp. No. 25
e
1958.1
Section
22-252
22-216
22-213
22-218
22-212
22-214
22-1(25)
22-219
e
e
e
CODE INDEX
TRAFFIC-Cont'd.
Persons doing road work, applicability of provisions
Regulations applicable to mm_________m__nm____mnnm_
Right-of-way. See also within this title that sub-
ject
Crosswalks, at ___mnm_m__nn_m__u _m
Roller skates, sleds and similar devices
Use, clinging to moving vehicles, etc.
Safety zones. See within this title that subject
School crossing guard. See within this title that sub-
ject
Sidewalks. See also within this title that sub-
ject
Violation of certain provision
Penalty uum__m_mmm______m___________ __m_m___m_uu__
Wait or don't walk signals m_mmnmnmmuunnnmm_m_
Walk facing traffic, duty m_m__mm_m______mm____m_____n
Walk signals m_m____mn______m_m_m___m__n___m__mm_____________
Person, defined ________unmmm_____mnmn__mnm_u__m______
Play streets
Driving on _____ ____nm___m_mm_m_mm_mmm_mu_______
Pneumatic tires. See within this title: Tires and
Wheels on Vehicles
Pole trailer
Defined _____ m_______m____m_..._hm _m_mmmU__m____n uu____nmu
Police officer
Defined moo _m___n_mmn__m_m__m___mn___ m __mmmm_
Obedience to m____ __m___mmnu_________nm____un_ m__m_m_mn__
School crossing guards. See within this title that
subject
Police vehicles. See within this title: Authorized
Emergency Vehicles
Private road or driveway
Blocking. See within this title: Parking, etc.
Defined _____m__m______n____n__m___nn___mm_m___m___u_
Emerging from. See within this title: Parking, Stop-
ping and Standing
Projecting loads
Passenger vehicles. See within this title: Size,
Weight and Load of Vehicle
Provisions
Applicability to public employees m_n_uum____
Applicability to vehicles, persons doing road work
Areas open to public vehicular travel, applicability
Conformity to street plans nm____h_mm__hmm____mm_mn
Obedience to nu______mn__m_m_m_mmnmmn_______nunn_mu__n
Real property owners, interfering with ______mm____m_
Supp. No. 20
1959
Section
22-11
22-211
22-212
22-206-22-210
22-223
22-215(2)
22-217
22-215 (1)
22-1(26)
22-119
22-1 (28)
22-1 (29)
22-5
22-1 (30)
22-9
22-11
22-3
22-2
22-4
22-13
SALINA CODE
TRAFFIC-Cont'd.
Quiet zones _m__unn_ ______n__nm__n_mm__mm__mnm
Railroads and trains. See also that title
Crossings
Backing trains or cars across nnnn..___ -
Building moving operations. See: Streets and
Sidewalks
Construction. See: Streets and Sidewalks
Moving heavy equipment over m_nnm______m____
Overtaking. See within this title: Overtaking,
Meeting and Passing
Vehicles to stop at n_m___nmm_mn_n_n______m___
Definitions _mnnn_nnnnn__nn ___nnm_mmm_n__n_m_mnm__n
Parking on or near crossings. See within this title:
Parking, Stopping and Standing
Railroad sign or signal
Defined _m_m___m________nnnn_______m_mn___nm _mm_m_m__nn
Signal indicating approach of trains
Obedience to nn_mm___mnn
Stop signs at
Placement and height of
Traffic-control devices, other. See within this title:
Traffic-Control Signs, Signals and Devices
Trains blocking streets _ n_n___m_nm_nnn mmm_mn__
Real property owners
Provisions interfering with rights of mmn___ nmn____n
Reckless driving
Careless driving __mmmnnmm
Defined n mnmm_m__mmnnm_ ______nnn_mmm__n
Prohibited, penalty for _____m.._mnmm__nm_n____m__mnn
Residence district
Defined
Speed regulations. See within this title that sub-
ject
Right-of-way
Authorized emergency vehicles. See within this title
that subject
Crosswalks. See also within this title that sub-
ject
Defined _n____mnn_m__n__n_____m___m_m_mnmm_m_n____mm_n____
Intersections. See also within this title that sub-
ject
Generally
Pedestrians. See also within this title that sub-
ject
Stop or yield intersections mmnmnm__nnnnnn__nm_mm
Supp. No. 20
1960
Section
22-115
22-255
22-253
22-249,22-250
22-1(31)-(33)
22-1(32)
22-246
22-251
22-254
22-13
22-77
22-76(1)
22-76(2)
22-1(34)
22-1(35)
22-108
22-110
e
e
e
OODE INDEX
TRAFFIC-Oont'd.
Turn~ng movements. See also within this title that
subject
Vehicle entering highway from alley or private
l'oad ____________________________________________
Vehicles turning left ______________________________________
Yielding, generally _____________________________________
Road tractor
Defined ____________________________________
Road work, persons doing. See within this title: Pe-
destrians
Roadway
Defined ____________________________________________
Walking on. See within this title: Pedestrians
Roller skates
Clinging to moving vehicles ____________________
Use on l'oadway _________________________________________________
Rotary traffic islands
Passing around ________________________________________________
Rubber tire. See within this title: Tires and Wheels
on Vehicles
Safety rone
Defined _________________________________________________________
Establishment ____m__________________________________________________
Obstructing. See within this title Parking, Stopping
and Standing
Pedestrians. See wi,thin this title that subject
Traffic-control signs, signals and devices. See with-
in this title that subject
School bus
Defined ___m____________________________________________________.________
Grade crossing regulations. See within this title:
Railroads and Trains
School crossing guard
Appointment ------------------------------____________n ________
Obedience to ____________________________________________
School crossing sign
Obedience _____________________________________
School zones
Marking and designation _________________________________
Speed regulations. See within this title that sub-
ject
Traffic-control signs, signals and devices. See with.
in this title that subject
Semi-trailers
Defined
Supp. No. 14
1961
Section
22-111
22-108
22-108
22-1(36)
22-1 (37)
22-206
22-15
22-95
22-1(38)
22-56
22-1(39)
22-6
22-7
22-8
22-66
22-1(40}
SALINA CODE
TRAFFIG-Cont'd.
Sidewalks
Bicycles on
Duties of rider ------------------------------------------------------------
In business district -------------------------------------------------------
Blocking. See within this title: Parking, Stopping
,and Standing
D efined ________m________________________________________________________------------
Driving vehicles upon ___________________________m_____________. ------
OpeI'lating vehicles on -----------------------------------------------------
Pedestrians. See within this title that subject
S'ignals. See within this title: Traffic-Control Signs,
Signals and Devices
Size, weight and load of vehicle
Co m p liance ______________________________________________________________________m
EX'cess !toads, authority to require removal ---------------
Exem ptions from provisions __________m_____________________________
Gross we,ight --------------------------------------------..-----------------------
He ig ht, gener ally -------------------------------------------------------------
Length of vehicle, generally ------------------------------------------
Projec,ting loads
Lamp or flag. See within this title: Equipment
on Vehicles
Passenger vehicles ____________________m_________________________________
Spilling of load _____________________________m______________________m______
Trailers and towed vehicles
Drawbar connections and safety hitch -------------00---
Weighing of vehicles, authority ----------------------------------
Wheel and axle load -----------------------------------------------------
Width of vehicle
Generally _________________m________________________________________----------
Skates
Clinging to moving vehicles ------------------------------.-...------
Sleds
Clinging to moV'ing vehicles -----------------------------------------
Slow 'speed. See within this title Speed Regulations
Snow removal. See: Streets and Sidewalks
Solid tires. See within this title: Tires ~nd Wheels on
Vehic1es
Speed regulations
Bridge or eleV'ated structure
Special speed limitation --------------------------------------------
Busines s distr,icts ---------------------------------------------------------
Emergency vehicles --------------------------------------------- -------
See also within this title: Authorized Emergency
Vehicles
Limits, changing --------------------------------------------------
Minimum speed, establishing --------------------------------
Par~s, in vicinity of ________m__________________________________
Supp. No. 14
1962
Section
22-210
22-209
22-1(41)
22-122
22-208
22-325
22-334
22-326
22-333
22-329
22-329
22-328
22-330
22-331
22-334
22-332
22-327
22-206
22-206
22-87
22-79(1)
22-89
22-83
22-87
22-79(3)
e
e
e
CODE INDEX
TRAFFIC-Cont'd.
Reasonable and prudent speed required _mn_
Reduction of speed when hazard exists m___n__m_m___
Residence districts ____________unnn_____n_mnnmnm__m_m____
School zones
Flashing warning lights, obedience __n___mm___u_
Generally ______m__n_ _m_____m____m___ _____n_____mn__mm_
Slow speed impeding traffic _ mmn________n_mmm
Speed limits established, generally _u____mnn__
State highway commission
Variation of speed limits by m__m___mnm_ ___m_m_____
Violations, charging mnn_m__ __m_______m
Standing. See within this title: Parking, Stopping
and Standing
Stopping of vehicles. See within this title: Parking,
Stopping and Standing
Street plan
Regulations to conform to
Streets and highways
Definitions _m___ __ n___mmn_m__mm_m_______n
Driving on divided highwaysm__mm_mnn_______mm_mn
House building moving operations. See: Streets and
Sidewalks
Regulated. See also within this title various types
of public way
Right side, duty to keep to
Generally ________n__n____nmn___ m___mmu__m____nnnn__mnm
Vehicle emerging from alley or private road n____n_
Tacks on roadway. See within this title: Littering Reg-
ulations
Taxicab stands
Use. See within this title: Parking, Stopping and
Standing
Taxicabs. See also that title
Time standard. See within this title: Official Time
Standard
Tires and wheels on vehicles
Certain restrictions. See within this title: Equip-
ment on Vehicles
Metal tire, defined _____ _________ununn________u____u
Parking to curb. See within this title: Parking Me-
ters
Pneumatic tire, defined ___mm___m______nm_
Solid tire, defined ___umn mmm___mumm___n_
Wheel and axle loads. See within this title: Size,
Weight and Load of Vehicle
Supp. No. 20
1963
Section
22-78
22-80
22-79(2)
22-85
22-84
22-86
22-79
22-81
22-82
22-2
22-1
22-97
22-90
22-111
22-1 (16)
22-1(27)
22-1 ( 42 )
SALINA CODE
TRAFFIC-Cont'd.
Through highway
Defined _____m________n____m__mm______n_________n ____m_____nm__nn__
Streets and highways in general. See within this
title: Streets and Highways
Through streets
Traffic-control signs, signals and devices. See with-
in this title that subject
Towing of vehieles
Impoundment of vehicles. See within this title that
subject
Trailers. See within this title that subject
Toy vehicles
Clinging to moving vehicles _m_m__mmmnmu__mnmnu
Use on roadway _mn ___mm_____________mnm___nn___m__nnu
Traffic-control signs, siJ:mals and deviees
City manager
Duties generally __________________________________________________________
Use of streets for other purposes
Designating; placement of appropriate signs or
devices indiea ting ___________________________________________
Color signals m___Unm nnnm___nnmnmnm_mmmnmu
Connecting links, local powers regarding mm_______n__
Crosswalks. See also within this title that sub-
ject
Designation ____ u___mmn__ mn_m__mnm________mnm_____
Definitions m_____________nn_'___ n__m_nn__mmnnm_mmn___n
Erection, authority n____m______mmnn ___n_nm_________________
Fixture on highways, striking. See within this title:
Accidents
Flashing m__.n_____mm_m__________m__n_______________u________n______m__
Location _n_m__________m______m__mn__n______m_m___m_n_______ -----
Highway commission
Local power subject to mm_m__ mmmu_m_____m____n.nn
Interfering with m_m_____mmnm_n___n___m______u__m_mnm_____
Lanes, marking nm_m___n____nm'n----------m---nn-m------------
Location __nm__:__~_m'__m_m__mnmm____m___nn ______m___mnn_m
Maintenance, responsibility _____mm_;m___mmm__
Obedience _______________m_nn_m________________m______m__________m_______
One-way streets
Signs required for _____________m__mn_____n___mm_n_____mm__n_
Parking meter zones, spaees. See within this title:
Parking Meters
Parking time limit signs _m__n___h___m__m____________m___nn
Pedestrian-eontrol signal legend. See within this
title: Pedestrians
Supp. No. 20
1964
Section
22-1(47)
22-206
22-15
22-50
22-65
22-58
22-49
22-55
22-L
22-48
22-60
22-61
22-49
22-64
22-57
22-59
22-51
22-46
22-52
22-53
e
CODE INDEX
TRAFFIC-Cont'd.
Placement _u _____m_m__ ___ m____m_______u_
Quiet zonel nuum_n. _.m_m___mmm___
Railroad crossing street lights. See: Streets and
Sidewalks
Section
22-51
22-115
e
e.
Supp. No. 20
1964.1
e
e
e
CODE INDEX
TRAFFIC-Cont'd.
Railroad sign or signal. See also within this title:
Railroads and Trains
Interfering with ____________________________________________________________
Safety zones. See also within this title that subject
E sta blishment ________________________________________________________________
School crossing sign. See within this title that sub-
ject
School zone flasher warning lights. See within this
title: Speed Regulations
School zones
Marking and designation ___n_______________________________________
Signal legend ____________________________________________n _________u______
Signs necessary to enforcement, when ________________________
State regulations, conformity ________________________________________
Through street intersections ________________________________________
Trains, signals indicating approach. See within this
title: Railroads and Trains
Turning markers. See within this title: Turning
Movements
Turning signals. See within this title: Turning Move-
ments
Unauthorized ______ n____ __________________ _____ ----____________________ ----------
Removal ______________ _____ n__ _________ _________________________ m_____
Vehicular equipment, signal lights, etc. See within
this title: Equipment on Vehicles
Trailers and other towed vehicles
Definitions n________________________________________________________________________
Regulations. See also within this title specific types
Size, weight and load of vehicle. See within this title
that subject
Trains. See within this title: Railroads and Trains
Truck tractor, defined _______n____________m__________________________________
Trucks
Alleys, use ______n______________________________________n_________________________
Defin ed ____ ________ ______n______________n____________________________________________
Parking, stopping and standing. See also within
this title that subject
Spilling of loads. See within this title: Size, Weight
and Load of Vehicle
Through truck traffic
Certain streets, on ______n________________________________________________
Tunnels
Overtaking, meeting and passing. See within this
title that subject
Parking in. See within this title: Parking, Stopping
and Standing
Supp. No.4
1965
Section
22-64
22-56
22-66
22-58-22-60
22-47
22-48
22-54
22-62
22-63
22-1
22-1(51)
22-114
22-1(50)
22-335
SALINA CODE
TRAFFIC-Cont'd.
Turning movements
Changing lanes ____m__m_m_m____m_m_ ____m_______m_____m____
Crest of grade, on ---____m____m_________m____mm______m_______m_
Curves, 0 n -__m_________________m__m____m_____________________m____________
Hand and arm signals ___mn___mm_________n___________m__________
Hills, on _ ___ m_ _ ___m__m _ ____m __ _ ______m_m____ _m _________m________ ______
Intersecti ons ________ ___________mn -_n_____mm__m__m_______m__________
See also within this title that subject
Markers, p lacement --------------------------------_________________m____
Obedience to turn signs and markers ________mm_m_______
Overtaking of vehicles. See within this title: Over-
taking, Meeting and Passing
Right-of-way
Vehicles turning left at intersection ____________m______m
Signal lamps and devices. See within this title:
Equipment on Vehicles
Signals required, when -____m_________m__________m___m_______m_
Turning markers
o bedi ence to _______m_m____mm__m____mm_m_______m__________
U-turns -___________m____________________m__mm___m___________________________
Unattended vehicle
Duty on striking. See within this title: Accidents
U-turns ____________________________________________ ___________m___m_____m___________
Turning movements. See also hereinabove that sub-
ject
Vehicles
Defined __________________ -----m_______m______m__________mm__________m__m
Driving restrictions. See within this title: Drivers
Equipment. See within this title: Equipment on
Vehicles
Impoundment and removal of vehicles. See within
this title that subject
Licenses. See within this title that subject
Motor vehicles. See within this title that subject
Regulations. See within this title various types
View obstructed, driving when _m___mmm_______m___mn
Violations
Arrest procedure ___m___________m_________m__m_________________________
Bicycles
Police to take up, when _m__m_______m__m_______m_________m__
Children
Parental responsibility for ____n______mm____m______m_m__
Vehicles, bicycles used by _________m__________m_____m_________
Failure to appear; procedure upon ___m____________________m___
General prohibition relative to __________________mm____________
Parties to offenses __ __m______m__________m___m_______________________
Supp. No.4
1966
Section
22-120
22-100
22-100
22-106
22-100
22-99
22-101
22-102
22-109
22-105
22-102
22-103
22-103
22-1(52)
22-202
22-346
22-352
22-351
22-352
22-346
22-245
22-348
e
e
e
CODE INDEX
TRAFFIC-Cont'd.
Penalties
Established -h_________h_________________________ _________________________
Persons owning or controlling vehicles
Offenses by ---------------______________________ m __ ----_m_u_ ___u__ ____u
Reckless driving. See within this title that sub-
ject
Record and report of -------________u______ ------_____u_u
Warning devices
Removing, interfering with. See: Streets and Side-
walks
Weight of vehicle. See within this title: Size, Weight
and Load of Vehicle
Wheels on vehicles. See within this title: Tires and
Wheels on Vehicles
White cane provisions. See within this title: Pedes-
trians
Windshield wipers. See within this title: Equipment
on Vehicles
Yards
Parking in. See within this title: Parking, Stopping
and Standing
Yield intersections
Duties when entering -----mm____u________m__
Yield right-of-way. See within this title: Right-of-
Way
TRAILERS
Mobile home contractors and craftsmen. See that title
Mobile homes and mobile home parks. See that title
Supp. No. 21
1967
Section
22-347
22-349
22-350
22-110
e
e
e
CODE INDEX
TRANQUILIZER GUNS
Use in apprehending animals. See: Animals and Fowl
TRANSIENT VENDORS. See: Peddlers, Canvassers and
Solicitors
TREASURER. See: City Treasurer
TREASURY. See: Finances
TREES AND SHRUBBERY
Criminal violations _
Dead trees, limbs, etc.
Removal
Diseased trees and shrubs
Cutting or removal
Notice requiring _m___________ ---------------------------------
Failure to comply with----------- __n__n__ _mn__m__m
General infection, powers of city in case of _m_m_____m
Fencing, screening of junkyards. See: Junk and Junk
Dealers
Fruit, maliciously picking, etc. __m_m_m_m_m_____m_nnm___
Hedges. See: Fences, Wa11s, Hedges and Enclosures
Injuring, destroying, damaging, etc. ---- __m__
Maintenance
Right of city _n_
Moving of buildings, tree trimmings for. See: Streets
and Sidewalks
Parkings
Rights of property owners over plants in
Pest control, other regulations. See: Pest Control
Planting, maintenance, treatment and removal
Authority to regulate _mn___m-m-----n---------------
Plants in parks, damaging. See: Parks, Playgrounds
and Recreation
Property owners
Rights of
Removal
Authority
Dead trees
Diseased trees and shrubs. See hereinabove that
subject
Notice
Failure to comply with
Trimmers and treaters
Bond and insurance m____m_ _____m_____m____n___m_m_ -
Definitions __ _________ _ ____n_____________________m___ _______________m_
Exemptions ________ _______________m________________m__________________m_
Supp. No. 11
1969
Section
33-8
33-5
33-41
33-42
33-42
23-21
33-3
33-10
33-3
33-1
33-2
33-1
33-5
33-6
33-7
33-27
33-21
33-22
SALINA CODE
TREES AND SHRUBBERY -Cont'd.
Licenses
Applications
Approval of
Required
Bond and insurance
Expiration
Fee -n______n_____n____
Granting or revocation
Required ---_____n__n___
Transferability
Persons, defined ______
Pests, defined
Trimming
Notice required -__________n___________
Owners, occupants, etc, duties _____
Trimming of trees for utility purposes. See: Poles,
Wires, Conduits, Etc.
Vegetation, other. See: Weeds and Brush
Violations
Criminal n--------n--nn---n-___nn_____n_h______________________________nh_
Nuisance declared, abatement m__ ___ _____ ___ ______n_________
Weeds and brush. See also that title
TRENCHING. See: Excavations and Fills
TRESPASSING
Loitering. See that title
On grounds of schools or institutions deemed unlawfuL
TRUCKS
Traffic. See that title
TUNNELS
General definitions applicable to streets and sidewalks
See also: Streets and Sidewalks
Parking in. See: Traffic
TV AND RADIO TOWERS AND ANTENNAE
Electrical code. See that title
Maximum height, location of
Poles and wires. See that title
Television; radio, etc. See also those subjects
U
UNDERGROUND CABLES, ETC. See: Poles, Wires,
Conduits, Etc.
UNDERGROWTH. See: Weeds and Brush
UNDERPASSES AND OVERPASSES
General definitions applicable to streets and sidewalks
See also: Streets and Sidewalks
Traffic provisions. See: Traffic
Supp. No. 11
1970
Section
33-25
33-24
33-27
33-29
33-26
33-28
33-23
33-30
33-21(d)
33-21 (2)
33-6
33-4
33-8
33-9
23-114
1-2
9-87
1-2
e
e
e
CODE INDEX
UNFIT DWELLINGS
Designation, condemnation, other provisions. See:
Housing
URBAN RENEWAL
Buildings codes. See: Buildings
Charter ordinances __________________________________________________________m__
Housing standards. See: Housing
Unhealthful structures. See: Health and Sanitation
Zoning. See that title
UTILITIES
Bills
Old records, destroying. See: Public Records
Cable television
Tampering with ___________m_____________m__________________________________
Television. See also that title
City refuse collection. See: Garbage and Trash
Company's right of entry and inspection ------------------------
Director of utilities
Water and sewers. See that title
Electricity. See also that title
By-passing meters ______________________m_____________mm________________
Discontinuing service for fraud _m_____________________m_____m
Tampering with meters, wires, etc. -----------------------------
Excavations in streets. See: Excavations
Franchises ________________________m____m________________________________________
See also that title
Gas and gas fitters. See also: Gas
By-pass ing meters _________________m________________________________________
Discontinuance of service for fraud ______________m________
Meters, pipes, etc.
Tampering with -----------------------------------------------------------
Meters
Tam pering with ______________________________m_______________________________
Unlawful device as prima facie evidence against
consumer -_____________________________________________________________________
Moving of dwellings, bond requirements. See: Build-
ings
Poles, wires, conduits, etc. See that title
Subdivision design. See: Subdivisions
Systems
Waterworks system and sewage disposal system
combined. See: Water and Sewers
v
VACANT LOTS
Inoperable vehicles, definitions applicable. See: Inop-
erable Vehicles
Supp. No. 17
1971
Section
App.F
30-5
30-4
30-2
30-6
30-1
App.E
30-2
30-6
30-1
30-1
30-3
SALINA CODE
VACATIONS
Officers and employees. See that title
VACCINATION
Dogs. See: Animals and Fowl
VAGRANCY
Begging, soliciting alms ------------___m______mu__________________m__
Defined -m----m----__m________m________m_mm___________m_______________m___
Loitering about property without permission m____m___m
Narcotics establishments
Lo i tering in -m---_____m__m_______m___________________m________________m_
Narcotics, possession --------------_m______mm_____m_______mm_____m_
Undesirable persons, associating with _________m____
Vio I a tio n s, penal ty ---m-------------__m___________________________m_______m
VANDALISM. See: Malicious Mischief and Vandalism
VEGETABLES. See: Fruit and Vegetable Produce
VEHICLES FOR HIRE
Articles left in vehicles
Disposition of mm____mm ---_m________mm__m_____m______m_______
Bus systems
Fuel tax, reimbursement
Application and approval --_m___m_____m_____m____m______m
Declared lawful mm____m_____m__________m____m______m____m_m_
Fund or payment of m----m__m____m_m__m______________mm_u
Gen erally -m---____m________________________mm________m_____m_________
Buses
Smoking, lighting matches, lighters on __mmm__m_____m
Traffic provisions. See: Traffic
Fr an chis e s _ _ m____m____m__ m ______m _______m___ __m _______m_ ______ __ ______m__
Freight vehicles
Exem ptio ns __m____mm_____m______m________m________m_ __m_______m__
Licenses. See also within this title: License Plates
Age of licensees ______m_m______m_______m______m________m________
As signa bili ty m-------__m____m______________________m_m__m__________
Con ten t --------------m----____m_____m________mm__________mu_m______
Exem pti 0 n ----m----__m_________m_______m____m_____m_________________
Fees
Amo un t -------------------__m____________________m____m_m__m_________
Prora ting -___m_____m________________________m__________________________
Recei pt ---------------------______m____mm__mm_____mum___________
Issuan ce ---------------___________m________m_____m_____________________m__
Required ---__m______________________________m__m____________________________
Revocation m---____m______________m______mm___________________m______
Viola tion -------m----m-_____________m_____m_______m___________________m
SuPp. No. 17
1972
Section
23-164
23-160
23-162
23-161
23-161
23-163
23-165
34-1
34-7
34-6
34-8
34-6
34-5
App. E, Art. II
34-20
34-26
34-25
34-21
34-20
34-22
34-23
34-24
34-21
34-19
34-27
34-28
e
CODE INDEX
VEHICLES FOR HIRE-Cont'd.
License plate
Required --nn--n---n----_mnn_m__n__n_m__m_____nm_n_______
Revocation when wrongfully displayed _____m_m_____n_____
Wrong vehicle, displaying on ---m-----__m___m__m_m______mn
Licenses. See within this title various types of vehicles
for hire
See also: Licenses, Certificates, Etc.
Motor bus franchises --------n-----m-__________nn______m______m_______ App. E, Art. II
Pool cab service. See: Taxicabs
Taxicabs. See that title
Traffic. See that title
Section
34-2
34-4
34-4
e
.
Supp. No. 17
1972.1
e
CODE INDEX
VEHICLES, MOTOR. See: Motor Vehicles
VENDING MACHINES
Food vending machines. See: Food Regulations
Section
VENDORS
Licenses and license fees. See: Licenses, Certificates,
Etc.
VENDORS, ITINERANT. See: Peddlers, Canvassers
and Solicitors
VETERINARIANS
Animals regulations. See: Animals and Fowl
VIADUCTS
General definitions applicable to streets and siedwalks 1-2
See also: Streets and Sidewalks
Traffic provisions. See: Traffic
VIOLATIONS
General penalty clause, other matters pertaining to.
See: Code of Ordinances
w
e
WALLS. See: Fences, Walls, Hedges and Enclosures
WARDS
Elections. See that title
WARRANTS
Countersigning. See: City Manager
Finances. See that title
Records, destruction. See: Public Records
WATCHMAN
Merchant or private policemen. See: Police Depart-
ment
e
WATER AND SEWERS
Air conditioners. See within this title: Water Conser-
vation
Authority to fluoridate water supply. See within this
title: Fluoridation of water supply system
Barricades, warning devices
Removal, etc. See: Streets and Sidewalks
Cesspools. See within this title: Vaults, Cesspools,
Etc.
Charges and rates for service
Air conditioners, surcharge, etc. See within this
title: Water Conservation
Supp. No. 22
1973
SALINA CODE
WATER AND SEWERS-Cont'd.
Bills, billing
Billing and collection, generally _______________________
Corrections and refunds _________________m___________________
Delivery of
Department not responsible for; duplicates ______
Deposits applied to payment of ____________________________
Nonpayment
Disconnection of service for ____________________________
Payments of ac<!bunts
Service not furnished until ____________________
Regulations to secure payment ____________________________
Bulk sales of water
Charge for ______m_______________________________________________
Consumer
D efined ____________________________m_______________~_________________
Cost records _____________________~___.____________
Covenant not to decrease rates _m_m______________m________
Definitions
Consumer definitions and classifications ___________
Discontinuance of service
Nonpayment of bill _____________________
Vi ola tions, for ___________________________m_________________n_____
Free service ________________________________________________________________
Hydrant ren tal -------------------------------------------------------------
Meters
Combined reading of multiple meters ________________
Meter failing to register
Charge when ___________________n_______________________________
Petty cash fund. See also within this title: Combined
Departments
Created ____________________________________________________
Refunds ________________
Revenues
Deposit, use of ____n_________n_______________________________
Scope of provisions ____m______________________________
Service, furnishing
Payment of accounts required m__________
Sewerage rates established _______n____________________
Water not discharged to sewers
Reduction in sewer charge, when ______________
Water rates established ____________________
Water used by city
Charge for ________________________
City officers
Right of entry _m_m_m__m________________________________m______________
Supp. No. 22
1974
Section
35-64
35-66
35-65
35-27
35-64
35-67
35-68
35-58
35-44
35-4
35-62
35-44
35-64
35-9
35-63
35-59
35-69
35-57
35-5
35-66
35-3
35-54
35-67
35-60
35-61
35-55
35-56
35-10
e
e
e
CODE INDEX
WATER AND SEWERS-Cont'd.
Combined departments
Administra tion m_m_u__________uu_____m_____m__u_m_________________
Director of utilities. See within this title that sub-
ject
Petty cash fund
Audit and restoration of ____u__n____________m______________uu
Cheeks on, certification _mm_m_____u__m______________m____
Crelloted _______m__________m_____~ummu________~__________________om
Deposits, disbursl\ments from ______d_m_mUumm___mu
Regulations declared contractual ____________m__mm_m_____
Systems combined m_m_m_u__n______mu___uu_m________n___u___
Connections
Charges and rates for service. See within this title
that subject
Sewer connection permits and fees. See: Plumbing
Definitions
Water conservation. See within this title that sub-
ject
Department of waterworks
Cashier
Bonds of city officials. See: Officers and Em-
ployees
Superintendent
Official bonds of city officers. See: Officers and
Employees
Departments
Combined. See hereinabove: Combined Departments
Created ____m____u___m_______m__________________d__'m_m__m_____________m
General matters pertaining to city departments.
See: Departments of City
Office manager. See also within this title that sub-
ject
Purpose ____mm___u__u_u______.__________________________m________---------
Director of utilities
Duties in general _mm_____m_______u____u__dm_m__________________
Personnel specified _____m__mm__mmuu....____u__________________
Right of entry __u____m_____m__________mm_m_________m___d_m_____
Discharges into sanitary sewers
Plumbing code amendments. See: Plumbing
Faefiities
Tampering with __u____m_u_____m____mu__u____m_____________u____n
Fire hydrants. See also that title
Damage to water system property. See within this
title: Water System Property
Hydrant rentals ____mu___m_______u_md__m_____m__..._____m____m_
Supp. No. 22
1975
Section
35-2
85-8
35-7
85-5
35-6
35-9
35-1
2-171
2-171
2-172
2-94(6)
35-10
85-11
85-59
SALINA CODE
WATER AND SEWERS-Cont'd.
Fluoridation of water supply system
Authorized -_____h___h___________________________________m____m________________
Food establishment water supply. See: Food Regula-
tiODS
Meters. See also: Utilities
Charges and rates for service. See within this title
that subject
Tampering with -------_m_______________h_m________________mh__________
Water service. Seeoalso within this title that subject
Mobile homes and mobile home parks. See that title
Moving of dwellings, permits. See: Buildings
Nonavailability of public water
Effect as to housing. See: Housing
Office manager
Department personnel specified ____u _h___m______n____________
Duties in general ______n____u______________________n____________________
Oil, grease and similar items
Draining into sewers, rivers or other waterways ____
Permits
Sewer connection permits and fees. See: Plumbing
Petty cash fund. See within this title: Charges and
Rates for Service
Plumbing code amendments. See: Plumbing
Plumbing permits. See: Plumbing
Rates. See within this title: Charges and Rates for
Service
Salt water on pavement. See: Streets and Sidewalks
Sewer connection permits and fees. See: Plumbing
Sewer connections
Connection by city ______m _____u_______________m____ __n_________m____
Assessment of costs __n_nmn__n___m________m__________________
Plumbing permits and fees. See: Plumbing
Required, when _m_____________________________________________________
Vaults, cesspools. See within this title that subject
Sewer rates. See within this title: Charges and Rates
for Service
Sewer service
Applications when area not served with city water
Streets, sewers and other utility installations in. See:
Streets and Sidewalks
Subdivision design. See: Subdivisions
Superintendent of sanitary sewer collection system
Designated, personnel specified in department __nOm
Duties in general _____________m____m__________________m_______________
Superintendent of sewage disposal
Duties in general ______________________h_____U___________________________
Supp. No. 22
1976
Section
36-45
35-11
2-94(6)
2-174
23-152
15-8
15-9
15-7
35-12
2-94(6)
2-176
2-176
e
e
e
CODE INDEX
WATER AND SEWERS-Cont'd.
Office designated, personnel specified ____mmmm____m_
Superintendent of water system
Department personnel specified __nm_m_______hummmnm
Duties in general _mm________n_u_______mmm________m_mnnn_____
Swimming pools. See that title
Systems, combined nn_n__m_____n_________n__n_______uu____nnnnn__n
Tapping charges. See within this title: Charges and
Rates for Service
Toilet facilities, housing standards. See: Housing
Toilet facilities in restaurants, etc. See: Food Regula-
tions
Trailer courts. See: Trailers and Trailer Parks
Vaults, cesspools, etc.
Defined _n_n__n__n___mnnm_nunm_n____n__nn____m_m_m__mnnm_
Notice and abatement mmnu__m___nn__mnm_m_m____mnm
Nuisance declared when sewer available ____mmnm___n
Prohibited ____m__mnm___m_n__n__nununu_____h_nu_n_____hn_n.__
Supp. No. 22
1976.1
Section
2-94
2-94(6)
2-173
35-1
15-10
15-12
15-11
15-11
e
e
e
CODE INDEX
WATER AND SEWERS-Cont'd.
Violations
Certain health regulations, penalty
Water conservation
Air conditioners
Inspection and notice -
Permit required to install, fee
Persons permitted to install
Surcharge for
Types of
Back siphonage --
Definitions
Priorities established
Violators, as to
Waste of water
Wasting water, generally
Water service
Abandoned service lines, tapping or plugging
Application for service
Required
Areas not served, application for sewer service
Charges and rates for service. See within this title
that subject
Consumers furnishing water to others
Deposits
Accounts
Application to payment of bill
Basis of
Interest on
Refunds ___
Required
Unclaimed deposits, forfeiture
Discontinuance of service
Nonpayment of bills. See within this title:
Charges and Rates for Service
Right to cut off water
Fluoridation, authority for _m
Interrupted services, liability
Liability of city m..___m__.._m
Meters. See also within this title that subject
Accessibility
Damaging
Hot water, steam, etc.
Responsibility m"
Installation
Authority _____n_m_m_
Furnishing m__m___.._
Generally
S'Upp. No. '7
Section
15-13
35-82
35-81
35-82
35-84
35-80
35-85
35-79
35-86
35-83
35-31, 35-87
35-31
35-33
35-23
35-12
35-42
35-25
35-27
35-27
35-26
35-28
35-24
35-29
35-32
35-45
35-32
35-32
35-39
35-41
35-40
35-35
35-35
35-36
1977
SALINA CODE
WATER AND SEWERS-Cont'd.
Location ________________ _____n___________
Dirt, rubbish in meter or meter box __ _ _________ __
Obstructing
Required
Separate meter for each consumer
Thawing, frost damage __ _ _________
Plumbing, maintenance ___u_ _______
Repairs of equipment, right to cut off water
Unlawful use of water _ ___ ._____________
Wasting water
Water supply system
Fluoridation, authority for
Water system property, hydrants, etc.
Damaging, tampering with
Malicious mischief and vandalism. See also that
title
Wood culvert or runways. See: Streets and Sidewalks
WATERWAYS
Flood control. See that title
WEAPONS. See: Firearms and Weapons
WEEDS AND BRUSH
Bindweeds
Conditions prohibited
Cutting by city
Costs and assessments
City may bear costs, when
Reports, records, collection, etc.
Interfering with _________.____ _____m__n____
Requiredm _ _ __n_n__
Diseased plants. See also: Trees and Shrubbery
Exceptions to provisions
Junk grass __' m_n_______
Nuisances. See also that title
Declaration _n_______
Russian knapweed
Violations, penalty
WELFARE
Board of public welfare, amusements. See: Amuse-
ments
WELLS
Oil and gas drilling. See that title
WHISKEY. See: Alcoholic Beverages
S'UPp. No.7
1978
Section
35-37
35-38
35-39
35-34
35-42
35-41
35-31
35-32
35-43
35-31
35-45
23-32
15-46
15-40
15-45
15-44
15-43
15-42
15-46
15-46
15-41
15-46
15-47
e
CODE INDEX
WHOLESALERS
Alcoholic beverages. See that title
WINE. See: Alcoholic Beverages
Section
WITNESSES
Corruptly influencing witnesses __mm_m____m____m__m_m____ 23-58
WORDS AND PHRASES
General definitions and rules of construction ________m -- 1-2
Terms defined in various context. See specific subjects
as indexed
WORK OPPORTUNITIES
Equal opportunity and affirmative action. See that
title
WRECKED VEHICLES
Inoperable vehicles. See that title
WRECKING YARDS. See: Junk and Junk Dealers
WRITTEN, IN WRITING
Terms construed ________________________________________m____m ____m____u
e
y
YARDS
Fences, walls, hedges and enclosures. See that title
Zonil'lg. See that title
z
ZONING
A-I Agricultural district
Regulations for ____________m_____m_____________u___u
Access to lots _____m_m__________m______________________m
Accessory uses. See within this title: Uses
Administrative provisions _______m______________
Administator. See within this title: Zoning Adminis-
trator
Amendments
Action by governing body _______u_____u________m_u____u__
Application for
Fees u___u_______________u______________________________________m_____
Form of _m______m____m____m______________m______m_____u__________
Authority ------------------------------------------------------
Findings of fact and recommendation of planning
commission ____________m______u____________---
Flood plains ___________m________________________._____------
Initiation of _m____m______m___m________m______m__m____u_______
e
Supp. No. 22
1979
1-2(23)
36-600
36-405
36-1200 et seq.
36-205
36-1202
36-202
36-200
36-204
36-812
36-201
SALINA CODE
ZONING-Cont'd.
Planned development district ____________________________________
Planning commission
Findings of fact and recommendation of _____________
Public hearings on ________________________________________________________
Appeals
Board of zoning appeals. See within this title that
subject
Board of zoning appeals
Powers and duties, appeals, etc. _______________________________
Buffer screens
Fences, walls, hedges and enclosures. See that title
Building moving operations. See: Streets and Sidewalks
Bulk regulations
Public utility facilities
Bulk regulations for ______________________________________________
Requirements, generally ______________________________________________
Yards. See within this title : Yards and Other 'Open
Spaces
C-1 Restricted business district
Re gula tions for _____________________________________________________________
C-2 Neighborhood shopping district
Regulations for ______________________________________________________
C-3 Shopping center district
Regulations for _____________________________________________________
C-4 Central business district
Regulations for _________________________________________________________
C-5 Service commercial district
Regula tions for _____________________________________________________________
C-6 Heavy commercial district
Regulations for ____________________________________________________
Certificates
Occupancy certificates. See within this title that
subject
Zoning certificates. See within this title that subject
Charter ordinances _________________________________________________
Comprehensive plan. See: Planning
Conditional use permits
Fees for application for __________________________________________
Flood plains zoning districts. See within this title
that subject
Conditional uses. See within this title: Uses
Dance halls, proximity to residents. See: Dancing and
Dance Halls
Definitions
Generally _________________________________________________________________________
U sage ______________________________________________________________________________
Supp. No. 22
1980
Section
36-706
36-204
36-203
36-1201
36-504
36-500
36-608
36-609
36-610
36-611
36-612
36-613
App.F
36-1202
36-1301
36-1300
e
e
e
CODE INDEX
ZONING-Cont'd.
Districts
Enumerated __________________________________________________________________
Establishment of ____________m________________m___________
Specific requirements. See within this title specific
districts
Zoning map ______________________________________m_____________
District boundaries on ________________________
Driveways and recessed parking areas. See: Streets
and Sidewalks
Enforcement of provisions, generally ________________
Fences, walls, hedges and enclosures. See that title
Fire districts. See: Buildings
Flood plains zoning districts
Amendments to regulations __m____m___________________
Conditional use permits
Board of zoning appeals
Consideration in granting _____________________
StandlO'ds for issuance ___________________
Conditional uses __________
Engineering criteria
Adoption of _______________________________________________
Establishment of
Nonconforming uses _____________________
Permitted uses __
Provisions, generally ___
Purpose ______________________________
Statutory authorizations ___________________________
Variances ___________________________________
Violations __________________________
Warning and disclaimer of liability _______________
Height regulations
TV and radio towers and antennas. See that title
Heritage conservation district
Purpose ._____
Certificate of appropriateness review
Commission
Created
Membership
Officers
Purposes
Financial support _
Heritage conservation plan ______
Heritage landmark, demolition or removal
Permitted uses
Public hearing
Conduct of hearing ______
Notice of hearing
Supp. No. 26
1981
Section
36-300
36-300
36-301
3~302
36-1200
36-812
3~809
36-808
3~807
36-805
3~804
3~81l
36-806
36-803
36-801
3~800
36-810
36-813
3~802
36-8AOO
36-8A09
36-8A02
36-8A03
38-8A05
36-8A02
36-8A06
36-8A07
36-8A10
36-8A01
36-8A08(b)
36-8A08(a)
SALINA CODE
ZONING-Cont'd.
Terms of office
Home occupations _________________
1-1 Industrial park district
Regulations for ______
1-2 Light industrial district
Regulations for ____________________
1-3 Heavy industrial district
Regulations for ________ _______________________ _____m_____ __mmm_ ____
Intersections
Obstructing visibility at ____________
Junk yards
Nonconforming ______________
Loading. See within this title: Off-Street Parking
and Loading
Lots
Number of structures and uses on zoning lots _
Public utility facilities
Lot size requirements for
Lots of record
Nonconforming _____________________________________
Map. See within this title: Zoning Map
MH Mobile home park district
Regulations for _m_____________________
Nonconforming uses, bulk and signs
Applicability of provisions __________________________m_____
Flood plains _m__m_______________________________
Lots of record, nonconforming __________
Open storage yards, outdoor display or junk yards
Signs, nonconforming mm_____________.___________
Signs. See also within this title that subject
Status of conditional uses m________________.__m__._m_______m
Structures, nonconforming
Uses, nonconforming ___.:..___m________________
Obstructions
Permitted obstructions in required yards _._.________
Occupancy certificates ___________________
Fees for application _._n___m________________________________
Planning. See also that title
Off-street parking and loading
Off-street loading, generally _____m_________m____
Off-street parking, generally ______________________m._.
Open land
Yard requirements for
Open spaces. See within this title: Yards and Other
Open Spaces
Parking. See within this title: Off-Street Parking and
Loading
Supp. No. 26
1982
Section
36-BA04
36-404
86-614
86-615
86-616
36-616
86-505
86-1105(8)
36-405
86-5M
36-1101
36-606
36-1100
36-811
36-1101
36-1105(8)
36-1105
36-1104
86-1102
36-1103
36-503
36-1200
36-1202
36-1001
36-1000
36-501
e
e
e
CODE INDEX
ZONING-Cont'd.
Penalties. See within this title: Violations
Permits
Conditional use permits. See within this title that
subject
Signs. See within this title that subject
Permitted uses. See within this :title: Uses
Planned development district
Amendments
Approval for planned development
Procedure for securing ----------------
Establishment of district
Procedure, generally ___________________________m__
Final development plan
Application for approval of ___________________
Section
36-706
36-703
36-703
36-705
Supp. No. 26
1982.1
e
e
e
CODE INDEX
ZONING-Cont'd.
Preliminary development plan
Generally _________________________ ______________________________________
Status of after approval _________________________________
Provisions, generally _m__________________________________
Purpose ________________________________________
Recording ___________________________________________
Standards and criteria for --_____mm________________________m
Planning. See that title
Planning commission. See also: Planning
Amendments. See within this title that subject
Provisions
Conflict with public and private provisions ____________
Intent and purpose ____mm_mm____m________m_________________m
Interpretation __ ____ __m____m___ -_________m_m___m___m_______________m
Reservations and repeals m__m____m_mm_m________________m___
Savings provisions ---------------___m_________________m________m____
Separability __n________________m_____________________________m_____________
Ti tl e --_ _ m _ __ __ _ _ _ _ ____ __ ____ m_______ ___ ____ _ ___ ____om m_____ _____m _m _ ____ _ ____
Violations. See within this title that subject
Public utility facilities
Lot size requirements and bulk regulations for
R Single-family residential district
Re gula tions for __m__ ______ ___m___ _m________m____________m _m__ __ ____
R-1 Single-family residential district
Regula tions for m_ _m___________m __ ___ _______mm__m___ ___m_nm__
R-2 Multiple-family residential district
Re gula tions -------m-__n________m________m______m__________m______ _ _m
R-2.5 Multiple-family residential district
Regulations for -------------m-____________m_____m________m___m____ ____
R-3 Multiple-family residential district
Re gula ti ons for __ 00 m_____m__m_______m____ mm__m________________ _____
RS Single-family residential suburban district
Regulations for
Scope of control __________m____________________________._____.__
Sewers. See within this title: Water and Sewers
Signs
Classification of signs
Functional type ---_mm._________m_______m_m______________m
Structural type ___________m__________m__m_____________.
District regulations --------m______________________________n_.
Exemptions from requirements ________m_m____m___m_m____
Nonconforming signs n________m___m_______m______________
Permits. See within this subtitle: Zoning Certificate
(Sign permit)
Signs standards, generally ____________m_____mmm___m_____m
Zoning certificate (sign permit)
Exemptions from requirements __m_m____m________________
Supp. No. 23
1983
Section
36-703
36-704
36-701
36-700
36-707
36-702
36-1204(2)
36-101
36-1204(1)
36-1206
36-1205
36-1204(3)
36-100
36-504
36-602
36-603
36-604
36-604(A)
36-605
36-601
36-102
36-905
36-906
36-907
36-903, 36-904
36-1105
36-902
36-904
SALINA CODE
ZONING-Cont'd.
Generally _______mm_ mm_Ommnno________nn________
Required ________mn____
Subdivisions. See that title
Temporary uses. See within this title: Uses
TV and radio towers and antennas. See that title
U University district
Regula tions for ______ommh_
Uses
Accessory uses
Conditional use permits. See within this title that
subject
Conditional uses
Status of____hn__
Nonconforming uses mmm
Permitted uses __ ____nnnn_m__nm__n______________
Specific use requirements. See within this title spe-
cific districts
Temporary uses
Utilities
Public utility facilites. See within this title that
subject
Variances
Fees for application for
Flood plains
Violations
Abatement and injunctive relief
Flood plains. See within this title that subject
Penalties, generally mn_______nn_______ _mnO___om____n____nm
Visibility at intersections
Obstructing _________n__m_m___o________m_nO_ __nn________
Water and sewers
Facilities, generally ____nn______ ____oom____O_o____n_____nm_mm
Yards and other open spaces
Allocation and disposition of required yard or open
space
Restrictions on
Open land
Yard requirements for __m__om_m___ ________m_______O_____h__
Permitted obstructions in required yards _mmm_
Zoning administrator
Enf orcem en t officer __n_mm____o__Ohn___________oo_m m_____m____
Zoning certificates m___ m n___mm_______m______________n__________m_
Fees for application __n_m______m__m_____n_______m_nm
Planning. See also that title
Zoning lots. See within this title: Lots
Zoning map ________mm________m______m_____n_____ommn__mmm_
District boundary zones mom__nnn_m_n___m__ ___nm_______ -
Supp. No. 23
1984
Section
36-900
36-901
36-607
36-402
36-40]
36-1104
36-1103
36-400
36-403
36-1202
36-810
36-1203
36-1203
36-505
36-406
36-502
36-501
36-503
36-1200
36-1200
36-1202
36-301
36-302